1.1. This website is owned and managed by Nutrivity ("Nutrivity", "we", "us" or "our"). Nutrivity is a free zone entity registered in Creative Zone , Fujairah , United Arab Emirates .
1.2. References to "you", "your" and "yours" are references to the person(s) accessing the Sites (as defined below).
2 . SITE OPERATION : United Arab Emirates is our Country of Domicile.Nutrivity controls this Site from the U.A.E . Nutrivity makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
4. ACCESSING MEANS YOU AGREE
If you do not agree to our Legal Terms, do not access, view or otherwise use any of our Sites or register as a user.
2. ACCESS ISSUES
2.1. You are responsible for your internet connection to access our Sites. You are also responsible for ensuring that any person who accesses them through your internet connection is aware of our Legal Terms and complies with them.
2.2. You may only use our Sites or the software and services available through them (for example, Content and User-Generated Content as defined below) (collectively, the "Site Services") for lawful purposes. You must not use our Sites or the Site Services:
a. in any way that is unlawful abusive, libellous, obscene, threatening or is otherwise prohibited by the Legal Terms;
b. to harm or attempt to harm minors in any way;
c. to send, knowingly receive, upload, download, use or re-use any material which is in breach of Clause 6; or
d. transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ("Spam").
2.3. While we will endeavour to ensure that the Sites are available twenty-four (24) hours a day, access to the Sites may be suspended temporarily and without notice including, without limitation, due to a system failure, maintenance, repair or for reasons beyond our control. You agree that we shall not be liable if for any reason the Site is unavailable at any time or for any period.
2.4. Access to the Site is permitted on a temporary basis. We reserve all rights to deny or restrict access to the Site, whether temporarily or permanently, by any person or organisation, or to block access from a particular internet address to the Site, at any time and without any liability, without ascribing any reasons whatsoever.
REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Nutrivity through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minors /under the age of 18 shall not register as a User of the website and shall not transact on or use the website except for their consultation sessions. A parent / guardian should register on behalf of the Minor under the age of 18.
3. YOUR USE OF CONTENT AND SITE LINKS
3.1. All content and material on the Sites other than User-Generated Content (“Our Content") belongs to us or our partners and is protected by world-wide copyright laws.
3.2. Unless expressly stated otherwise, you may:
a. only use Our Content for your personal, non-commercial use;
b. not copy, reproduce, republish, upload, post, transmit or distribute any of Our Content; without our prior written permission:
i. redistribute any of Our Content (for example by using it as part of any library, archive or similar service);
ii. remove any copyright or trade mark notice from Our Content; or
iii. create any database by downloading and storing any of Our Content.
3.3. You may not create any link from or to any Site without our prior written consent.
3.4. Content from a third party provider available on or through the Site may not be duplicated, distributed, published, transferred, transmitted, copied, altered, sold, used to create derivative works or otherwise misused. You must comply with all terms disclosed to you as required from time to time by any third party supplier of data or services to the Sites, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data. For the avoidance of doubt, although the Site may contain or make reference to trademarks or other proprietary intellectual property rights of our partners or other third parties, you agree that no license to or right in any of these trademarks or other proprietary intellectual property rights is granted to or conferred upon you by reason of such reference.
3.5. You agree that any rights not expressly granted in these Legal Terms are reserved.
3.6. If you breach any of the provisions in these Legal Terms, your permission to use the Sites and your licence to use Our Content automatically terminates and you must immediately delete or destroy any downloaded or printed extracts of Our Content from the Sites.
4. REGISTRATION / SIGN UP
4.1. You may access material on the Site without registering with us first. However, we may restrict access to certain areas and you may need to register to access them.
4.2. Your registration/ sign up information must be accurate and complete and you must notify us of any change to that information, in particular to your e-mail address.
4.3. You warrant that you will not impersonate anyone else when registering for, or using, the Sites or the Site Services.
4.4. You must not allow anyone else to access any Site by using your user name and password ("ID").
4.5. You are liable to us for all Site access made by you or anyone else using your ID and we will not be liable to you or anyone else for unauthorised use of your ID.
4.6. You must not use any Site to send chain emails or Spam or to send, use or re-use any material which:
a. is unlawful, threatening, abusive, libelous or indecent;
b. infringes copyright or any other legal right; or c contains any other form of illegal content.
PERMITTED USE . You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Nutrivity to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Nutrivity to do so. The content and software on this Site is the property of Nutrivity. The cardholder must retain a copy of transaction records and Merchant policies and rules.
YOUR ACCOUNT . If you use the Nutrivity Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
5. COMMUNITY FORUMS AND POSTING CONTENT ON THE SITES
5.1. The Site may include social media platforms, discussion groups and other public areas that allow you to interact with other users and any of our staff, who will be clearly identified as such, ("Forums") and to post/transmit/upload ("Post") your content to the Site ("User-Generated Content") such as reviews, blogs and gallery.
5.2. Where we do provide a Forum, we will provide clear information to you about the nature of the service being offered and we reserve the right in our absolute discretion to cease providing it without notice and liability to you.
5.3. Our staff may contribute material to any Forum in order to stimulate discussion and ensure their smooth running. Forums may also contain User-Generated Content from special guests selected by us. The opinions of our staff and special guests are their own and are not necessarily endorsed by us. You must not consider them to be professional advisers and must not rely on any comments they make.
5.4. You must be registered as a user (unless otherwise stated) in order to Post your User- Generated Content, the content of which is your sole responsibility.
5.5. By Posting User-Generated Content you warrant that:
a. you are 18 years of age or older or are aged 14 - 18 and have received consent from your parent or guardian to use the site and its Forums;
b. you are a resident of, and are accessing the Site in, the United Arab Emirates;
c. you will comply with any additional rules posted by us on a Forum;
f. you have obtained all consents and releases from all people who are identifiable in your User- Generated Content;
g. if a fact is stated, it is accurate or, if an opinion is stated, it is genuinely held;
h. it is not confidential, does not infringe the intellectual property, privacy or any other legal right of anyone else and does not contain anything which is unlawful, abusive, libelous, defamatory, obscene, indecent, harassing or threatening;
i. you own its copyright or have the necessary permissions and rights to use it;
j. it is not discriminatory and does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
k. it does not solicit personal information from any users under 18 years of age;
l. it does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
m. it does not violate any applicable law;
n. it does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routine, software, file or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
o. it does not interrupt, destroy or limit the functionality of any Site or any computer software or equipment;
p. it does not disguise the origin of any User-Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users' personal data;
q. it does not, nor is it likely to, harass, upset, embarrass, alarm or annoy anyone else; and
r. it does not give the impression that it emanates from anyone else (including us) if that is not the case.
5.6. You warrant that you will not:
a. post, link to or otherwise publish commercial material or material that promotes any commercial activity or contains recommendations to buy or refrain from buying a particular item (in particular, shares) or which contains another party’s confidential information or which otherwise would have the purpose of affecting the price or value of any item (in particular, shares); or
b. Post or otherwise publish any User-Generated Content that is unrelated to a Forum or the Forum's topic.
5.7. By Posting your User-Generated Content you hereby grant a perpetual, royalty-free, worldwide, exclusive license to us to use, reproduce, modify, translate, make available, distribute and publish it and to distribute and/or broadcast some or all of it in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-licence any other persons to do so, in each case for such purposes as we may in our reasonable discretion determine (which can be terminated by your removal of your User- Generated Content from the Site and your email to us at our ‘Contact’ page giving full details of your User-Generated Content that you wish to be removed, and we will endeavour to remove it from a Site within 28 days), you waive all moral rights you may have in it and you warrant that you have obtained a waiver of all others’ applicable moral rights.
5.8. By submitting your User-Generated Content to a Site, you indemnify us from all claims, costs, liabilities and expenses (including legal expenses) suffered by us because any of your Posted User-Generated Content is in breach of our Legal Terms.
5.9. You agree that we may disclose your identity to any third party who claims that User-Generated Content you have Posted to a Site violates its intellectual property rights or any other legal right.
5.10. You acknowledge that:
a. Forums contain User-Generated Content submitted by users over whom we have no control;
b. it is not possible for us to fully and effectively moderate, oversee or monitor the Forums; in particular, to monitor whether any User-Generated Content infringes the copyright or any other legal right of a third party;
c. we are under no obligation to oversee, monitor or moderate any Forum and cannot therefore guarantee the accuracy, integrity or quality of any particular User-Generated Content;
d. we do not endorse any User-Generated Content which is not reflective of our views;
f. you accept all risk associated with your use of the Forums and do not rely on User-Generated Content in making (or refraining from making) any decision;
g. we are not liable to you in respect of any User-Generated Content you view on any Site.
5.11. We do not control or monitor all User-Generated Content posted to Forums by users but we reserve the right to do this (whether by human moderation or technical methods) or to delete, move or edit any of your User-Generated Content without notice to you.
5.12. We may contact you by email with regard to your use of the Forums.
6. REPORTING OFFENSIVE OR ILLEGAL CONTENT
6.1. While we do not control all the User-Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Site If you have any concerns about any Content or User-Generated Content that appears on any Site or you believe that such Content or User-Generated Content is harmful, offensive or infringes your rights (such as your intellectual property rights), please Contact Us with the following information in sufficient detail:
a. the location of the harmful/infringing/offensive content on a Site(s);
b. a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
c. a brief description of, and information related to, the copyright work which you believe is infringed (if applicable); and
d. your contact details.
6.2. We will remove any of Our Content and User-Generated Content if we reasonably believe it to be in breach of our Legal Terms without prior notice to you.
7. SUSPENSION AND TERMINATION OF REGISTRATION/ACCESS TO FORUMS
7.1. We will determine in our discretion whether there has been a breach of our Legal Terms through your use of any Site and may take such action as we deem appropriate.
7.2. Failure to comply with our Legal Terms may result in our taking any or all of the following actions:
a. immediate, temporary or permanent withdrawal of your right to use our Sites (including our Forums);
b. immediate, temporary or permanent removal of any of your User-Generated Content Posted to our Site(s);
c. issue of a warning to you;
d. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e. further legal action against you;
f. disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or
g. any other action we reasonably consider to be appropriate.
8. VIRUSES, HACKING AND OTHER OFFENCES
8.1. You must not:
a. misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
b. attempt to gain unauthorised access to any Site, the server on which any Site is stored or any server, computer or database connected to any Site; or
c. attack any Site via a denial-of-service attack or a distributed denial-of-service attack.
8.2. Any breach of Clause 8 immediately ends your right to access our Sites and is a criminal offence which we will report to the relevant law enforcement authorities and co-operate with them by disclosing your identity.
8.3. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to any Site or to your downloading of any material that is Posted on any of them, or on any website linked to them.
9. THIRD PARTY SITES
9.1. A Site may contain links to other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, we will make clear such links are being made, although Third Party Sites may be co-branded with us and so include our trademarks. We are not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Sites to an authorised connected site which is not operated by us to download software or any other material, file, image or data from the Third Party Site, you acknowledge and agree that we have no responsibility or liability in connection with it.
9.2. We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party websites or pages linked to the Sites. If any hyperlinks to downloadable software sites are included on the Sites, these are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.
9.3. We make no representations of warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Sites.
10. ADVERTISING AND SPONSORSHIP
Part of any Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on it complies with applicable laws. We are not responsible to you for any error or inaccuracy in their advertising material.
11. NO OFFER
Other than the materials and services we indicate it as an offer, any other information or opinions provided by us or through a third party on the Sites does not constitute an offer to sell or solicit an offer to buy any goods or services.
12 .CHANGES TO THE LEGAL TERMS
MULTI-CURRENCY PRICED TRANSACTION , the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
15.OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. Nutrivity will not trade with or provide any services to individualsNN and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
9. CANCELLATION POLICY . Customer can cancel their order within 24 hours of booking submission / purchase , by sending their cancellation request ,with the payment reference number to firstname.lastname@example.org,; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.
10. REFUND POLICY. Customers may receive a refund only if the order is cancelled within 24 hours of booking submission/ purchase , post which no refunds will be made. Nutrivity will do its best to refund the amount or any portion of it .The refund (excluding any delivery charges or Cash on Delivery charges) will be made via the original mode of payment used to make the purchase
Bank Cards purchases (Credit/Debit) will be refunded against the bank card (credit/debit) used for the original purchase. These should be reflected on your credit card within 21- 45 working days depending on your card provider.
11. PAYMENT CONFIRMATION .Customer will receive payment confirmation by email. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
NO COMMERCIAL USE . This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Nutrivity’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Nutrivity will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS . The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Nutrivity has no control over these sites or the content within them. Nutrivity does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Nutrivity does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Nutrivity for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at email@example.com
COPYRIGHT POLICY . Nutrivity may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
You acknowledge and agree that Nutrivity will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Nutrivity’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Nutrivity or perfect these rights, titles or interests in Nutrivity’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. NUTRIVITY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. NUTRIVITY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. NUTRIVITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF NUTRIVITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
LICENCE GRANTED TO YOU. By providing materials to Nutrivity, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Nutrivity an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Nutrivity may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Nutrivity for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted toNutrivity. Any communication or materials you send to Nutrivity will be treated as non- confidential and non-proprietary and may be disseminated or used by Nutrivity for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
12.1. The content of the site are distributed to you without any warranty of any kind. We and any provider of third party content or their respective agents disclaim any and all warranties, either express or implied, including without limitation, warranties of title or implied warranties of fitness for a particular purpose, with respect to the sites and our content.
12.2. Information on the sites is provided on an "as is", "as available" basis and to the fullest extent permitted by law we and any provider of third party content or their respective agents do not give or make any warranty or representation of any kind, whether express or implied in respect of such information whether in respect of the sites. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of our content is assumed solely by you.
12.3. Nutrivity shall have no liability or responsibility in relation with the interaction or contracting with the third parties by the user, users must pay careful attention and precise care upon reading and accepting those third parties and independent contractors terms and conditions and services, in the occasion that the user opt to engage any advertised third party or utilised their services in an way in no event shall nutrivity, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if nutrivity has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the nutrivity site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that nutrivity shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
12.4. The website is controlled and offered by nutrivity from its facilities in the united arab emirates. Nutrivity makes no representations or warranties that the website is appropriate for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
12.5. We and any provider of third party content or their respective agents:
a. Make no express or implied condition, warranty, representation or undertaking as to the accuracy, adequacy, completeness, reliability or timeliness of our content and the information, material, products and services or the error-free use of the sites. Our content and the information, material, products and services outlined in the sites may be out of date, and we make no commitment to update such content. You acknowledge that any reliance upon such content shall be at your sole risk; and
b. Do not represent or warrant that the sites will be available or that it will meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
c. This section has important legal consequences for you. In this section: - the legal responsibilities and liability of nutrivity are limited or excluded; - the rights or remedies you may have against nutrivity are limited or excluded; and - you take on risk, responsibilities and liability. There are things that may go wrong when using the website and/or the service, including what is listed in this section. Nutrivity is not responsible (liable) for anything that goes wrong, including what is listed in this section. You use the website and the service knowing and accepting that these things can go wrong and that there are risks.
d. As far as the law allows, you expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, nutrivity, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Nutrivity makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. Nutrivity does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and nutrivity will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. As far as the law allows, and subject to this section, in no event shall nutrivity, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if nutrivity has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service, (iv) errors, mistakes, or inaccuracies of content, (v) personal injury or property damage resulting from your access to and use of the website and service, (vi) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (vii) any interruption or cessation of transmission to or from the website, (viii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, (ix) any errors or omissions in any content, (x) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the nutrivity site. These limitations shall apply to the fullest extent permitted by law. As far as the law allows, and subject to this section, you specifically acknowledge and agree that nutrivity shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. Nutrivity makes no representations or warranties that the website is appropriate for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
13. LIMITATION OF LIABILITY
13.1. Our Content and any User-Generated Content is for your general information and use only and is not intended to address your particular requirements. While we aim to update the Sites regularly, any of Our Content or User-Generated Content may be out of date and we assume no responsibility for updating it. In particular, Our Content and any User-Generated Content does not constitute any form of advice, recommendation or arrangement to you by us and is not intended to be relied upon by you in making (or not making) any particular decision.
13.2. Dealings with Organizations and Individuals
This Section has important legal consequences for you. In this section, the legal responsibilities and liability of Nutrivity are limited or excluded; the rights or remedies you may have against Nutrivity are limited or excluded; and - you take on risk, responsibilities and liability. As far as the law allows, and subject to Disclaimer of Warranties Section, Nutrivity shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, and subject to Disclaimer of Warranties Section, Nutrivity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, and subject to Disclaimer of Warranties Section, you hereby release Nutrivity, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service. We have no liability to you because of any reliance you placed on Our Content or User-Generated Content; and any arrangement made between you and any third party named on any Site, which was made at your sole risk and responsibility.
13.3. Because of the number of sources from which we obtain Our Content and User-Generated Content and the nature of electronic distribution via the internet, we do not give any warranties in respect of the Sites or the Site Services. In particular, the Site Services are provided on an "as is" basis. We disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, we do not warrant that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
13.4. To the fullest extent allowed by applicable law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages, including loss of business, income or revenue, lost profits or contracts, loss of data, privacy or goodwill, failure to meet any duty including but not limited to any duty of good faith or any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of our Legal Terms by us, even if we have been advised of the possibility of such damages.
13.5. Notwithstanding the provisions of this part, our liabilities will not be limited to any that cannot be excluded or limited by law.
13.6. You agree to fully indemnify, defend and hold us and our affiliates, and their respective officers, directors, owners, agents, information providers and copyright owners from and against any and all claims, losses, costs and expenses (including attorneys’ fees) incurred by any such party in connection with any claim arising from your use of or connection to the Sites, or from any breach by you of these Legal Terms.
14. THIRD PARTY COPYRIGHT
Some of the content used on our Sites (such as, but not limited to, images and/or audio-visual material) may be the copyrighted works of third party suppliers, who reserve all their rights in such content. These third parties shall be entitled to the benefit of the Legal Terms in respect of their content as if they were "we" and shall be bound accordingly.
15. NEWS BY E-MAIL
We may give you the option to subscribe to any e-mail news service so that your use of any information received in this manner will be subject to our Legal Terms.
You may not assign, sub-licence or otherwise transfer any of the rights under these Legal Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect. Failure by either us or you to exercise any right or remedy under our Legal Terms does not constitute a waiver of that right or remedy. Headings in our Legal Terms are for convenience only and have no legal effect.
18. CHOICE OF LAW AND JURISDICTION
Our Legal Terms are governed by, and construed in accordance with, the laws of the United Arab Emirates applicable in Dubai and you irrevocably agree that the courts of Dubai have exclusive jurisdiction to settle any dispute between us.
19. ENTIRE AGREEMENT
19.1. These Legal Terms represent the entire understanding and agreement between us and you concerning your use of the Sites and Our Content. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by these Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in these Legal Terms.
19.2. If any provision of these Legal Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Legal Terms and the remainder of the provisions in question shall not be affected.
ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Nutrivity is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
20. CONTACT US
Any queries or comments about the Site or these Legal Terms should be directed via firstname.lastname@example.org OR ACT Ventures FZ LLC, P.O Box 119281, Dubai, UAE