I. Acceptance of terms
Thank you for using Advital. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Advital website at www.Advitalnutrition.com (the “Site”) and any related mobile or software applications (“Advital Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future Advital customers, including but without limitation to users having access to ‘business page’/”Login” to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Advital Platform, you are agreeing to these Terms and concluding a legally binding contract with Advital Nutrition LLP and/or its affiliates (hereinafter collectively referred to as “Advital”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Advital Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by Advital in the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that Advital will treat your use of the Services as acceptance of the Terms from that point onwards.
II. Definitions
Customer
“Customer” or “You” or “Your” refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘Business Partner business page’ to manage claimed business listings or otherwise.
Content
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “Customer Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. “Advital Content” means content that Advital creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Advital or its Customers, such as Business Partners like Restaurants,Organic Farmers,Farm Houses,Fruits & Vegetable Vendors and is available on the Services.
Business Partner(s)
“Business Partner” means the Business Partners like Restaurants,Organic Farmers,Farm Houses,Fruits & Vegetable Vendors listed on Advital Platform.
III. Eligibility to use the services
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the terms
Advital may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Advital Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Translation of the terms
Advital may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Advital. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
VI. Provision of the services being offered by Advital
Advital is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Advital provides, may require affecting certain changes in it, therefore, Advital reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Advital disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while Advital may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Advital may set such fixed upper limits at any time, at Advital’s discretion.
In our effort to continuously improve the Advital Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Advital Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
By using Advital’s Services you agree to the following disclaimers:
The Content on these Services is for informational purposes only. Advital disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Advital reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Advital does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Business Partner/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Advital. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Advital. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Advital.
Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Business Partner’s listing page on the Advital Platform is for informational purposes only. Such Certification is displayed by Advital on an ‘as available’ basis that is provided to Advital by the Business Partner(s)/Merchant(s). Advital does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer’s own risk and Advital in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Business Partner /Merchant.
Advital reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Advital Platform anytime in future.
Advital may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Advital Platform terms. Further, Advital reserves the right to terminate / suspend the Customer’s account and/or credits / points earned and/or participation of the Customer in the Program if Advital determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Advital Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Advital reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
Advital may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Advital may decide at its discretion. Advital reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
VII. Use of services by you or Customer
1. Advital Customer Account Including ‘Claim Your Business Listing’ Access
a. You must create an account in order to use some of the features offered by the Services, including without limitation to ‘claim your business listing’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
c. In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Advital or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Advital account for any purpose and that you will be liable for such unauthorized access.
e. By creating an account, you agree to receive certain communications in connection with Advital Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
2. Others Terms
a. In order to connect you to certain Business Partners, we provide value added telephony services through our phone lines, which are displayed on the specific Business Partner listing page on the Advital Platform, which connect directly to Business Partners’ phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the Business Partner (for internal billing tracking purposes and customer service improvement at the Business Partner’s end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Advital. You explicitly agree and permit Advital to record all this information when you avail the telephony services through the Advital provided phone lines on the Advital Platform.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to use the data owned by Advital (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with ‘Claim Your Business Listing’ access) unless agreed to by/with Advital in writing.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Advital, unless you have been specifically allowed to do so, by way of a separate agreement with Advital. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
VIII. Content
1. Ownership of Advital Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Advital Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Advital and that you shall not disclose such information without Advital’s prior written consent.
b. You agree to protect Advital’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Advital (or Advital’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Advital and that you shall not disclose such information without Advital’s prior written consent. Unless you have agreed otherwise in writing with Advital, nothing in the Terms gives you a right to use any of Advital’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Advital; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Advital’s Content in whole or in part except as expressly authorized by Advital.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Your License to Advital Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Advital Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Advital Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
3. Advital License to Your or Customer Content
In consideration of availing the Services on the Advital Platform and by submitting Your Content, you hereby irrevocably grant Advital a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘Business Partner business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Advital or its Customers, any third party services and their users.
4. Representations Regarding Your or Customer Content
a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Advital.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Business Partner reserves the right to delete any images and pictures forming part of Customer Content, from such Business Partner’s listing page at its sole discretion.
6. Third Party Content and Links
a. Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or food delivery/ordering or dining out. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Advital is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
d. Third party content, including content posted by our Customers or Business Partners, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
e. You further acknowledge and agree that Advital is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Customer Reviews
a. Customer reviews or ratings for Business Partners do not reflect the opinion of Advital. Advital receives multiple reviews or ratings for Business Partners by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Advital is the personal opinion of the Customer/reviewer only. Advital is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or Business Partner owners/representatives with access to Business Partner business page. The advertisements published on the Advital Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the Business Partner does not consider to be true, the best option for the Business Partner representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Business Partner believes that any particular Customer’s review violates any of the Advital’ policies, the Business Partner may write to us at neutrality@Advitalnutrition.com and bring such violation to our attention. Advital may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
IX. Content guidelines and privacy policy
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
2. Privacy Policy
You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public
X. Restrictions on use
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
a. Violate our Guidelines and Policies;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d. Contains material that violates the standards of good taste or the standards of the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
p. Accesses or uses the account of another customer without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
s. “Hacks” or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
x. Collects, accesses, or stores personal information about other Customers of the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
ac. Attempts to do any of the foregoing.
ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
You acknowledge that Advital has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
You hereby agree and assure Advital that the Advital Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Advital in any form or manner whatsoever.
You hereby agree and assure that while communicating on the Advital Platform including but not limited to giving cooking instructions to the Business Partners, communicating with our support agents on chat support or with the Delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, Advital reserves the right to suspend the chat support service and/or block your access and usage of the Advital Platform, at any time with or without any notice.
Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Advital Platform, Advital shall have the right to immediately block your access and usage of the Advital Platform and Advital shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
XI. Customer feedback
If you share or send any ideas, suggestions, changes or documents regarding Advital’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Advital is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Advital may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Advital and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Advital’s existing products or marketing strategies; do not include any ideas that Advital’s policy will not permit it to accept or consider.
Notwithstanding the above mentioned clause, Advital or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Advital or any of its employees.
The purpose of this policy is to avoid potential misunderstandings or disputes when Advital’s products or marketing strategies might seem similar to ideas submitted to Advital. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of Advital, without any compensation to you; (2) Advital may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Advital to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
XII. Advertising
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Advital on the Services are subject to change without specific notice to you. In consideration for Advital granting you access to and use of the Services, you agree that Advital may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Advital by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Advital Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Advital found on or through the Advital Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Advital will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Advital Platform and mobile application.
For any information related to a charitable campaign (“Charitable Campaign”) sent to Customers and/or displayed on the Advital Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Advital is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Advital does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.
XIII. Additional Terms and Conditions for Customers using the various services offered by Advital:
1. FOOD ORDERING AND DELIVERY:
a. Advital provides food ordering and delivery services by entering into contractual arrangements with Business Partners (“Business Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and delivery by the Customers on the Advital Platform.
b. The Customers can access the menu items or Products listed on the Advital Platform and place orders against the Business Partner(s)/Store(s) through Advital.
c. Your request to order food and beverages or Products from a Business Partner or a Store page on the Advital Platform shall constitute an unconditional and irrevocable authorization issued in favour of Advital to place orders for food and beverages or Products against the Business Partner(s)/Store(s) on your behalf.
d. Delivery of an order placed by you through the Advital Platform may either be undertaken directly by the Business Partner or the Store against whom you have placed an order, or facilitated by Advital through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Advital is merely acting as an intermediary between you and the Delivery Partners, or you and the Business Partner or the Store, as the case may be.
e. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Advital is not a party under any applicable law. It is clarified that Advital does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the Advital Platform by connecting the Customers with the Delivery Partners or the Business Partners or the Store, as the case may be.
f. Where Advital is facilitating delivery of an order placed by you, Advital shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
g. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Business Partner or the Store, as the Delivery Partner or the Business Partner or the Store may determine (“Delivery Charges”). You agree that Advital is authorized to collect, on behalf of the Business Partner or the Delivery Partner or the Store, the Delivery Charges for the delivery service provided by the Business Partner or the Store or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Business Partner / Store, order value, distance, time of the day. Advital will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
h. In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Business Partner or the Store, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge”). You agree that Advital is authorized to collect, on behalf of the Business Partner or the Delivery Partner or the Store, the Delivery Surge for the delivery service provided by the Business Partner or the Store or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Business Partner / Store, order value, distance, demand during peak hours. Advital will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
i. In respect of the order placed by You, Advital shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
j. You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.
Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
A. Food Ordering and Delivery with Business Partners:
a. All prices listed on the Advital Platform are provided by the Business Partner, including packaging or handling charges, if any, at the time of publication on the Advital Platform and the same are displayed by Advital as received from the Business Partner. While we take great care to keep them up to date, the final price charged to you by the Business Partner, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Advital Platform and price charged by the Business Partner, the price charged by the Business Partner shall be deemed to be the correct price except Delivery Charge of Advital.
b. On Time Guarantee: Orders placed at select Business Partners may have this service available. When enabled, Advital uses its technology platform to allocate a suitable delivery partner, who provides the service, in such a way that it minimises the delays in the orders. This includes prioritising allocation of Delivery Partners, along with making sure these orders are not clubbed with any other orders. However, you acknowledge that such services are facilitated by the Delivery Partner on a best effort basis, hence should your order fail to reach you on or prior to the On Time Guarantee Time, you would be eligible to claim and receive a coupon of up to 100% of your order value. You will be required to claim the Coupon within twenty four (24) hours from the time such Order is delivered to you failing which your eligibility to receive the Coupon will expire. Further the validity period of the Coupon would be 3 (three) days from receipt thereof. Notwithstanding anything set out herein above, you shall not be eligible to receive the Coupon if:
i. Delay on the On Time Guarantee Time is for unforeseen reasons eg. strikes, natural disaster, Business Partner’s inability to provide the Order.
ii. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.
iii. You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
iv. The order is a bulk order (as per Advital’s standard order size)
v. The order is cancelled due to any reason.
For the purpose of this clause, words capitalised shall have the following meaning: “On Time Guarantee Time” shall mean the Promised Delivery Time, which starts when the order is accepted by the Business Partner. The actual delivery time will be counted as the period between the Business Partner accepting the order and the Delivery Partner reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. “Coupon” shall mean one-time code generated by Advital for delay in On Time Guarantee Time to be used as per applicable conditions.
B. General Terms and Conditions
a. Advital is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Business Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Advital, and facilitates the sale and purchase of food and beverages or Products between Customers and Business Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Business Partners/Store(s).
b. Advital shall not be liable for any acts or omissions on part of the Business Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
c. The Business Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Advital.
d. For the Customers in India, it is hereby clarified by Advital that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Business Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
e. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Advital shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
f. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Advital’s terms and privacy policies.
g. You or any person instructed by you shall not resell food and beverages or Products purchased via the Advital Platform.
h. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Advital Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Advital Platform.
i. Any amount that may be charged to you by Advital over and above the order value, shall be inclusive of applicable taxes.
j. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
k. Personal Promo code can only be used by You subject to such terms and conditions set forth by Advital from time to time.
l. Cancellation and refund policy:
i. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Advital, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Advital to place that order against the Business Partners/Store(s) on your behalf (“Authorization Breach”). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Advital to deduct or collect the amount payable as liquidated damages through such means as Advital may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
ii. There may be cases where Advital is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Advital, Business Partner/Store or Delivery Partner. In such cases, Advital shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
iii. No replacement / refund / or any other resolution will be provided without Business Partner’s/Store(s)’ permission.
iv. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
v. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Business Partner /Store on a best-efforts basis.
vi. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
3. EDITION WALLET:
a. Edition Wallet (as defined below) is an initiative of Advital in collaboration with various payment Gateways like Razor pay ,Phone Pe etc.(“Banking Partner”) to facilitate digital payments through the Advital Platform.
For the purposes of these terms and conditions, “Edition Wallet” shall mean the account opened by the Customer on the Advital Platform, maintained with the Banking Partner in accordance with the Banking Partner Terms and Conditions and Conditions (as defined below).
b. Edition Wallet is presently only available for Customers in India.
c. The Customer acknowledges that the Customer shall comply with the Specific Payment Gateway Reloadable Prepaid Wallet Terms and Conditions, available at their websites
d. In order to register, create, use, and close the Edition Wallet, Advital may require the Customer to submit certain personal information and documents including but not limited to Customer’s name, address, mobile phone number, e-mail address, address proof, PAN Card, driving license etc. to the Banking Partner through the Advital Platform, as may be required in accordance with the Banking Partner Terms and Conditions. Advital will use these details in accordance with the Privacy Policy published at www.Advitalnutrition.com/privacy.
e. The Customer acknowledges that the KYC details will be verified by the Banking Partner prior to issuance of Edition Wallet and issuance of Edition Wallet shall be at the sole discretion of the Banking Partner.
f. The Edition Wallet can be used by the Customer only on the Advital mobile application, to make payments for purchases including orders, tipping Delivery Partners, Pro/Pro Plus membership purchase/renewals, dining out payments at Partner Business Partners, subject to availability of funds in the Customer’s Edition Wallet.
g. The Customer shall be entitled to offers and/or benefits in relation to the use of Edition Wallet which may be communicated by Advital from time to time. Such offers and/or benefits shall be subject to specific terms and conditions and may vary from offer to offer.
h. The Customer’s Edition Wallet shall have a limit on addition and a balance limit as communicated to the Customer from time to time.
i. Advital reserves the right, to offer, alter, extend or withdraw, as the case may be, the Edition Wallet feature or any offer associated with the Edition Wallet extended by Advital at any time with or without giving any prior notice to the Customers. In such cases, such revision will be updated on the Advital Platform accordingly.
j. A Customer can cancel the Edition Wallet by raising a request for closure via chat support. Upon receipt of such request for closure, the Edition Wallet will be permanently closed and accordingly the associated offers shall be revoked. For clarity, once the Edition Wallet is permanently closed, the same cannot be reactivated.
k. In the event the Customer cancels the Edition Wallet at any time during the validity of the Edition Wallet, the Customer will be eligible to receive a refund, as applicable at the time of such request, in the source account (based on the Wallet balance on the day of refund initiation) in accordance with the Banking Partner Terms and Conditions and the applicable RBI guidelines. Upon cancellation of the Wallet, the Customer will lose the Advital Pro membership and the associated offers.
l. Contact Us: For any further query with regard to Edition Wallet, you may contact us via in app chat support or write to us at support@Advitalnutrition.com.
4. DELIVERY OFFER / PLAN:
a. Delivery Offer / Plan is a limited-time, invite-only offer whereby You can avail discounted delivery for the next few orders (“Offer”). You can claim the Offer by opting for it while placing an order on the Advital platform, where You will be required to pay an additional amount to avail the Offer (“Claim Order”). Once the Claim Order is successfully placed, the benefits under the Offer will be made available to You, to be used on your subsequent eligible orders, in accordance with the terms and conditions set out below.
b. In the event You avail the Offer, the following Terms and Conditions shall be applicable to You:
i. Under the Offer, You will be entitled to discounted delivery, including any distance fee or delivery surge, for the subsequent eligible orders, as may be communicated to You on the Advital platform.
ii. This Offer may provide a limited number of discounted deliveries (“Count”). Such Count shall be communicated to You on the Advital platform, while claiming the Offer.
iii. Once the Count(s) are exhausted under the Offer, the Offer shall lapse.
iv. The Offer is available for a limited duration, as may be communicated to You on the Advital platform, while claiming the Offer (“Offer Period”). After the expiry of Offer Period, the Offer shall lapse.
v. The Offer shall only be applicable in India and can be availed in all cities in India where the customer has the option to place an order on the Advital platform, for delivery.
vi. The Offer is applicable only for all online paid orders for delivery and not shall not be applicable on other orders, such as take-away, dine-in order, grocery orders etc.
vii. The Offer is applicable on all Business Partners.
viii. The Offer may be applicable on orders placed with the Business Partners having a minimum order value, as may be communicated to You while availing the Offer.
ix. The Offer shall not be applicable on inter-city orders and such other services as may be communicated to You on the Advital platform.
x. The Offer cannot be exchanged for cash or any other receivables.
xi. The Offer once claimed, is auto-applied on the subsequent eligible orders within the Offer Period. For clarity, You cannot remove the Offer from certain orders.
xii. You will not be eligible for any refund or compensation after opting for the Offer.
xiii. The Offer is non-transferable, non refundable once claimed. If the order in which the Offer was claimed, is cancelled, the Offer will stand cancelled along with it. Any refund applicable to the order will be derived as per Advital’s policies.
xiv. Advital reserves the right to block a device and/or terminate/suspend the Offer on account of breach of these terms and conditions including any fraudulent and suspicious activity while availing the Offer or availing the Offer.
xv. Advital reserves the right to offer, alter, extend or withdraw, as the case may be, any Offer(s) or offers or discounts or promotions extended by Advital at any time by providing prior notice to You. In such cases, such revision will be updated on the Advital Platform accordingly.
xvi. Contact Us: You may contact us via chat support on the Advital app or email us at support@advitalnutrition.com for any further queries with regard to the Offer.
XIV. Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Advital, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“Advital PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Advital PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO 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 SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE Advital PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Advital OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY Advital, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Advital PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Advital PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Advital’S REASONABLE CONTROL. IN NO EVENT SHALL THE Advital PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
Indemnification
You agree to indemnify, defend, and hold harmless the Advital Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorised use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XV. Termination of your access to the services
You can delete your account at any time by contacting us via the “Contact Us” link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the ‘Delete Account’ button and ceasing further use of the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XVI. General terms
Interpretation:
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Severability:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Advital and you shall have no authority to bind Advital in any form or manner, whatsoever.
Governing Law/Waiver:
(a) For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.
(b) For Customers residing in UAE: These Terms shall be governed by the laws of UAE. The Courts of Dubai shall have exclusive jurisdiction over any dispute arising under these terms.
(c) For Customers residing in Lebanon: These Terms shall be governed by the laws of Lebanon. The Courts of Beirut shall have exclusive jurisdiction over any dispute arising under these terms.
(d) For Customers residing in the United States: These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Advital must be resolved exclusively by a state or federal court located in Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and Advital.
(e) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVII. Notice of copyright infringement
Advital shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Advital Platform, or items advertised on the Advital Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
i. Identify in writing the copyrighted material that you claim has been infringed upon;
ii. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
iii. Include the following statement: “I have a good faith belief that the use of the content on the Services as described above is not authorised by the copyright owner, its agent, or law”;
iv. Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorised to act on the copyright owner’s behalf”;
v. Provide your contact information including your address, telephone number, and e-mail address (if available);
vi. Provide your physical or electronic signature;
vii. Send us a written communication to supportl@Advitalnutrition.com
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
XVIII. Contact Us:
1. Details of the Company
Legal Entity Name: Advital Nutrition LLP
Registered Address: 1540, 28 Main , 28 cross ,Banashankari 2 Stage , Bengaluru , Basavangudi , B.B.M.P ,South (Karnataka), – 560070
Details of website and Application: www.Advitalnutrition.com (“Website”) and “Advital” application for mobile and handheld devices
Contact Details: support@Advitalnutrition.com
2. Grievance Redressal Mechanism:
i. Customer Care Channels
For any order related issue, you may first reach out to us via chat support on the Advital app for real time basis resolution.
You may write to us at support@advitalnutrition.com and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.
For a complaint raised on support@advitalnutrition.com, you will receive a unique ticket number to track the status of your complaint.
In case you do not receive a satisfactory response from the chat support and support@advitalnutrition.com as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated from support@advitalnutrition.com and we shall address your concern within an estimated time of forty-eight (48) hours.
ii. Details of the Grievance Officer
Bharat Chandra
Grievance Officer, Advital Nutrition LLP
1540, 28 Main , 28 cross ,Banashankari 2 Stage , Bengaluru , Basavangudi , B.B.M.P ,South (Karnataka), – 560070
Email address: support@Advitalnutrition.com
Time: Monday – Friday (09:00 a.m. to 18:00 p.m.)
iii. Details of the Nodal person
Vijay Pal
Nodal Officer ,Advital Nutrition LLP
1540, 28 Main , 28 cross ,Banashankari 2 Stage , Bengaluru , Basavangudi , B.B.M.P ,South (Karnataka), – 560070
Email address: support@Advitalnutrition.com
For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.
Please note: Advital does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on Advital’s behalf. You may report such suspicious activities to support@advitalnutrition.com.
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