These legal terms and conditions (the terms) apply to your visit and your use to all aspects of services which we (Nutrigenix FZCO., or ‘Nutrigenix’) offer to you on or through our website https://nutrigenixco.com. Availing of our services is subject to the Privacy Policy and additional terms that you consent to on the questionnaire, which are hereby incorporated by this reference into these terms. If there is a conflict, the terms of each document will prevail.

Please read these terms carefully and by clicking on the button marked ‘I accept’ at the end of these terms, you acknowledge that you have read, understood, and agreed to be bound by these terms, as amended from time to time. If you do not agree to these terms, you must stop using or accessing our website immediately or we will not be able to have a first call with you to understand your background and needs and advise you accordingly. If you don’t click on the ‘I accept’ button but you proceeded with booking a session with us, you also agree to be bound by these terms, as amended from time to time.

1. The services that we offer you

• We provide the services of personalized nutritional and life-style advice.

• We will ask you to kindly complete a questionnaire that will be communicated to you via email from info@nutrigenixco.com to be filled up following the instructions in the questionnaire. Once the questionnaire is completed, we will assign a consultant, who will be dedicated to your therapy, and agree with you on a date for a first session on which your consultant will go through your responses with you. On this first session, you will discuss and agree with the consultant on the support or issue you wish to work on. The consultant will also suggest any potential matters that you might want to consider working on.

• With your prior consent and as will be agreed mutually between us, we will have additional sessions, following the first session, to review the progress and focus of your work together as you go along.

2. How you enter into a contract with us

• You must (a) be 18 years of age or older, and(b) have the power to enter these terms, consent to the Privacy Policy and fill up the questionnaire.

• You will complete a questionnaire that will give us information about your background and history which will help us serve you better. Please make sure to share with us information about you that is true, accurate, and complete.

• After you complete the questionnaire, you will share the document with us via email at info@nutrigenixco.com. We will confirm your appointment with us by sending you an email with details of mode, date and time of initial consultation.

3. Use of services, security and communication

Use of services

• To use our services, you will be asked to share with us certain personal information for the following reasons: (1) for you to create a file with us, and (2) for us to provide you with our services. Such personal information may include your full name, address, email, phone number, age, health history and any other information provided by you in response to our questionnaire.

• You acknowledge and agree that any personal information you provide to us is true, accurate, complete, and up-to-date.

Security

• You will be responsible to have a working internet connection for all sessions. You will be charged for scheduled sessions if your consultant is waiting for your call, but you are unable to connect online. Please make sure to make payment of sessions that you missed or cancelled within less than 48 hours notice. If you need to cancel your appointment, please email us on info@nutrigenixco.com.

Communication

• By subscribing with us, you agree that we will communicate electronically to the email address you have provided to us. This includes, but not limited to, all communications between us, information regarding your file, your therapy, payment, these terms and your complaints.

• For this, you will notify us immediately of any change to your email address and mobile number or other information you provide to us.

• You agree to tell your consultant about any medical diagnosis, medications, herbal medicines, or food supplements you are taking as this may affect the consultant’s advice or your nutritional program.

• All remarks, suggestions, ideas, graphics or other information communicated to us by you through our website and during the consultation sessions, will be our property perpetually and may be used by us without any limitation or obligation from our side.

4. Price of services

• The prices of the services will be communicated to you individually via email as and when needed. We take all reasonable care to make sure that the prices of the services are correct. However, if we discover an error in the price of any service you wish to avail, we will take corrective action and email you the correct amount. If you don’t agree to the corrected amount, your request will then be cancelled.

• Our fees will be calculated before each session and are paid in advance of commencing that particular session. For clarity, you will be invoiced for payment before the first session, and we ask you to kindly make the payment in order to initiate the services to you.

• Prices for the services may change from time to time, but the price change will not affect any request we have already confirmed. We will communicate any price changes to you in advance on reasonable notice. Subject to applicable law, by continuing to use our services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by email to info@nutrigenixco.com.

5. How you pay us

• You can pay us by credit card or by any other means as acceptable to, and prescribed by, us from time to time. We reserve the right at any time, for any reason, to amend the list of means of payment that it will accept.

• We work with third-party online payments provider that will be responsible for your payment when you avail of our services. We will not be responsible for and liable to you for any error, damage, or any loss that you may be exposed to as a result of using an online payment method. This is the responsibility of the third-party payment provider.

• Under these terms, you accept and allow us and the third-party online payment provider to withdraw the relevant amount necessary to complete a transaction related to availing of our services. You confirm that you have sufficient funds available to satisfy any financial obligations towards us as applicable. If a transaction is rejected due to lack of funds, we will notify you by email you have provided us with us. Payment will at all times be in advance.

• Tax rates will apply as per the applicable laws at the time of payment. These amounts can change over time with local tax requirements. Any change in tax rate will be automatically applied based on the account information you provide.

6. How we use your personal information

Please refer to our Privacy Policy at https://nutrigenixco.com/privacy-policy relating to the collection and use of your information and personal data.

      7.  Confidentiality

• You agree and give us the right to use all your information and personal data that we collect through our website and questionnaire and your use of our services, from time to time and disclose it to other people and entities. This may include sharing your account information and any other information with third parties for security, fraud-prevention, anti-money laundering, or other similar checks or for any other reasons for us to provide our services to you and to comply with all applicable laws and regulations. Please see our Privacy Policy at https://nutrigenixco.com/privacy-policy.
• As part of your services with us, your consultant will keep brief notes about your background, the matter that you decided to work on, the focus of your work and will produce action plans for you in this respect. The information associated with such steps will be kept confidential.

• In some cases, we might ask you to evaluate and provide feedback of our services. Any reports issued by us and related to your evaluation of our services or for the purposes of research will contain anonymized data and will not contain an information identifying you.

• If you do not agree with our policies and practices, you will not be able to use our website, and please do not continue to use our services.

8. Disclaimer

• The information, including the text, the questionnaire, the graphics, images and other material contained on our website, is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Such information is created for informational purposes only and it should not be used for diagnosing or treating a health condition, problem or disease, and if you are seeking personal medical advice, you must approach your doctor. Nutritional therapy is not recommended or considered as a replacement for medical advice.

• If you are receiving treatment from your doctor, or any other medical provider, you agree to tell your doctor or medical provider about any nutritional strategy provided by us. This is necessary in relation to any potential (and unlikely) reaction between medication and the nutritional program.

• Always seek guidance from your doctor or other qualified health professionals with any questions you may have regarding your health or medical condition. Nothing in this agreement or our website encourages you to disregard the advice of a medical professional, and we recommend that you don’t delay in seeking such medical advice because of something you have read on our website, these terms or the questionnaire. If you will rely on any information provided by us, you understand and agree that such reliance is at your own responsibility and risk.

• You understand and agree that the effects of our services may differ from person to person and at no instance we give any of our clients a guarantee. In fact, we consider each individual to be unique, hence why nutritional therapy is customized in accordance with the characteristics of each person and their needs. For this, we don’t approach nutritional therapy as one size fits all.

• Testimonials on this website are not intended to, nor should they be construed, as claims that the services mentioned can be used to diagnose, treat, cure, mitigate or prevent any disease. No testimonial has been clinically proven or evaluated, and no medical claims whatsoever were made and no statements on this website have been evaluated by the relevant government authorities.

9. Our liability

• We will not be liable for any damage resulting from the use of (or inability to use) our website, including damages caused by malware, viruses or any incorrectness or incompleteness of the website, unless such damage is the result of any willful misconduct or from gross negligence on our part.

• We will not, under any circumstances, be liable to you for the following in connection with accessing our website, using our services and these terms:

• loss of profits, sales, business or revenue,
• loss or corruption of data, information or software,
• loss of business opportunity,
• loss of anticipated savings, and
• any indirect loss.

• Nothing in these terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence, or

(b) fraud.

• Our services are provided on an ‘as is’ basis, and we do not give any representation, warranty or guarantee relating to our services, unless we tell you otherwise in these terms. If any representation, warranty or guarantee might be implied or included in these terms because of any applicable law (or for any other reason), we will exclude this as far as we are allowed to by law.

• We don’t guarantee weight loss (if this is your target) and any result will vary for each client based on the individual weight, metabolism, age, activity level and commitment to the plan or advice provided by us.

• We will make reasonable efforts to keep the information on our website up-to-date and correct, but we do not provide any representations or warranties of any kind in relation to completeness, accuracy, reliability, suitability, or availability of the website, information, services, and therefore you shall rely on such information at your own risk.

• We will not be liable for any delay, interruption, or failure in the provision of the services caused by circumstances beyond our control.

• Our total liability to you for all losses arising under or in connection with these terms, whether in contract or following a wrongful act (including us being negligent or breaking your legal rights), will not be more than the price you paid us to avail of our services.

10. Circumstances outside our control

• We will not be responsible for any failure or delay providing you with the services or to carry out any of our obligations under these terms and the subscription agreement, if this is caused by circumstances outside our control.

• Circumstances outside our control means any act or event outside our reasonable control, which we could not have avoided, and which prevents us from carrying out any of our obligations under or resulting from these terms and the subscription agreement. These circumstances include war (whether declared or not) or threat or preparation for war, riot, disaster, terrorist attack or threat of terrorist attack, sabotage, lockout or strike, the death of a member of a royal family of the United Arab Emirates, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, any network failure, failure of the telecommunications networks, or any law or regulation which has a significant effect on our ability to operate and provide you with the products and services.

• If any of the above-mentioned circumstances affect our ability to carry out our obligations under or as a result of these terms:

• we will let you know as soon as reasonably possible about this; and
• our obligations will be suspended and the time allowed for carrying out those obligations will be extended until the circumstances outside our control have ended.

11. Our right to make change to these terms

• We may make changes or modifications to these terms at any time for the following reasons and any other reasons:

• There are changes to the payment terms and the way we accept payments from you.
• There have been changes in any laws and regulatory requirements that apply to these terms.
• There are changes to our services and the process you must follow when availing of our services.

We will communicate to you the changes or modifications within thirty (30) business days.

Please check our website for the latest version of the terms.

12. Your complaints

• We are committed to providing you with an excellent experience. We value feedback from our clients because it helps us to continually improve our services. If you do not feel that you are receiving excellent customer service or that something could be improved, please do tell us about it. If you wish to make a complaint, you may do so by communicating with us by the following methods: Email to: info@nutrigenixco.com.

• Upon receiving your complaint, we will take all reasonable and necessary actions on the best effort basis to address your complaint and improve our services.

13. Applicable law and jurisdiction

• These terms shall be exclusively governed by UAE law.

• All disputes arising in connection with these terms, including disputes concerning the existence and validity thereof, shall be exclusively resolved by the competent court of Dubai.

14. General

• These terms, together with the Privacy Policy and any other terms agreed between you and us from time to time, represent the entire agreement between you and us.

• These terms are between you and us. No other person has any rights to enforce any of these terms.

• These terms and the website do not create a doctor/physician – patient relationship between us and you.

• If any term or provision of these terms is determined to be ineffective, unenforceable, or invalid, then only that term or provision shall be deemed invalid without affecting in any way the rest of these terms.

• These terms shall become effective on the date on which you access our website and/or complete the questionnaire, and/or have a first session with us, and shall remain in effect until canceled or revoked by us.

• We don’t make any representations, express or implied, with respect to the information provided on our website, these terms and the questionnaire.

• We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.

• You cannot transfer your rights or your obligations under these terms to another person.

• Each of the paragraphs of these terms applies separately. If any court or relevant authority decides that any clause in these terms is illegal or cannot be enforced, this will not affect the other clauses.

• If we do not ask you or insist that you carry out any of your obligations under these terms, or if we do not enforce (or delay in enforcing) any of our rights against you, that will not mean that we have given up our rights against you, and you will still have to meet your obligations under these terms. If you fail to meet your obligations under these terms and we decide not to enforce our rights, that will not mean that we will not enforce our rights if you fail to meet your obligations in the future.