Nutracheck - Terms of Use

Please read carefully the following Terms of Use relating to the Nutracheck Service ('the Service') - which includes the Nutracheck Calorie Counter App and Nutracheck website.

By ticking the box to complete your registration in the Nutracheck Calorie Counter App or on the Nutracheck website (or by signing in with a previously registered email and password), you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you should stop using the service immediately and uninstall the App.

The Nutracheck Service is owned and operated by NutraTech Limited, a company registered in England, No. 5093196.

1. Nutracheck App & Website Service

   1. To access the content of the Service you must be 18 years of age or over and register with a valid email address, or sign-in with a previously registered email and password.

   2. Newly registered users may use the Nutracheck Calorie Counter App and website free of charge for a period of 7 days, after which restrictions will apply. To remove these restrictions, you can purchase a subscription from a range of membership options in the App or via the Nutracheck.co.uk website.

      Newly registered users may use the Nutracheck Calorie Counter App and website free of charge for a period of 7 days, after which restrictions will apply. To remove these restrictions, you can purchase a subscription from a range of membership options in the App (tap 'More' in the bottom menu bar).

   3. The Service contains information, software, photos, text, graphics, sounds and other materials that are protected by copyrights, database rights, trademarks, trade secrets and/or other proprietary rights. All content is copyrighted under applicable copyright laws, including the United States, Canada, Australia, United Kingdom, Irish and European Union copyright laws (and, if applicable, similar laws in other jurisdictions). All trademarks that appear within the Nutracheck App and website are trademarks of their respective owners. Nutracheck is a trade name of NutraTech Ltd.
   4. With our discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service.
   5. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part unless you receive our prior written consent.
   6. NutraTech Ltd reserves the right to vary the Service content by country and device, including (but not limited to) (i) size and extent of the food database, (ii) the App and website functionality and (iii) subscription options and pricing.

   7. The Service includes support that is sent to you by email (such as essential starter tips to help you get onboard, e-newsletters with helpful diet and nutrition information and the best membership options). This support is part of your membership to assist you in achieving your goal, however you have complete control over managing ongoing email communications and can opt out of any or all of these - see the Privacy Policy, section 6 for details.

      The Service includes support that is sent to you by email (such as essential starter tips to help you get onboard, e-newsletters with helpful diet and nutrition information and the best membership options). This support is part of your membership to assist you in achieving your goal, however you have complete control over managing ongoing email communications and can opt out of any or all of these - see the Privacy Policy, section 6 for details (tap 'More' in the bottom menu bar).

   8. We may use analytical software within the Nutracheck Calorie Counter App and/or Nutracheck website to a) help us make improvements to the Service and b) provide you with personalised tips and motivational messages which are part of your membership, to help you achieve your goal. These may be sent by push notifications if you allow us to contact you in this way (permission is managed in your phone settings).
2. User Generated Content

   1. When you add or upload your content to the Service, you grant Nutracheck an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license to use such information for any purpose, subject to our Privacy Policy.

      When you add or upload your content to the Service, you grant Nutracheck an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license to use such information for any purpose, subject to our Privacy Policy (tap 'More' in the bottom menu bar).

   2. Forums: You understand and accept that you are solely responsible for all information, data and content that you provide to us via the Nutracheck Service. Nutracheck is not responsible or liable for this information and by using the online community, you agree to be bound by the rules of conduct.

      You will not post any inappropriate content on the Service. This is defined as material which is offensive, abusive, bullying, threatening, hurtful, illegal, obscene, inflammatory or objectionable.

      You should always show respect to other members and are solely responsible for your interactions in the community. The forum is moderated and we reserve the right to monitor disputes between you and other members.

      You should not use the online community to advertise any goods or services - such as diet pills or supplements or other weight loss approaches - that are not part of the Nutracheck Service. You should not post any content that encourages unsafe weight loss techniques or promotes eating disorders.

      We reserve the right to remove or edit any content posted in the online community without explanation and at our sole discretion. In the event that you breach the forum conduct, we reserve the right to close your account, and our decision is final.

      When posting a recipe, you should ensure that you own the content. You should not post material that infringes the copyright or another intellectual property rights of a third party.

3. Health Disclaimers
   1. The Nutracheck Service is intended as a weight management tool to assist you in achieving your personal goal. NutraTech Ltd is not a medical organisation and we cannot give you medical advice or diagnosis. Any information contained within the Nutracheck Calorie Counter App and Nutracheck website should not be construed as advice or diagnosis.
   2. You are advised to seek medical advice before making any changes to your diet or lifestyle with an aim of weight loss. This Service should not be used by persons under 18, by pregnant or nursing women, or individuals with any type of health condition, except under the direct supervision of a qualified medical professional. The information contained in any articles and elsewhere in the Nutracheck Calorie Counter App and Nutracheck website, is provided for educational purposes only, and is not intended to replace, and does not constitute legal, professional, medical or healthcare advice or diagnosis, and should not be used for such purposes.
   3. You should seek the advice of your doctor or other qualified medical professional with any questions you may have regarding a medical or wellness condition in determining whether to use or adapt the information and content provided. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided by this Service. Reliance on any information appearing within the Service is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
   4. Weight loss is individual and your personal rate of loss may vary from any case studies shown on the Nutracheck website. Our service advocates a safe rate of weight loss of up to 2lbs (0.92kg) per week.
   5. Before starting any weight loss reduction, you should make sure that you are not underweight (defined as Body Mass Index (BMI) below 18.5).
   6. If you think you are having a medical or health emergency, you should immediately call your GP or call 111 (UK), or contact your health care professional or dial 911 (US).
4. Disclaimers of Warranties
   1. Any product, offering, content and material downloaded or otherwise obtained through the use of this Service is done at your sole risk and you will be solely responsible for any damage to your personal computer, laptop or mobile phone or loss of data that results from the download of any such product, offering, content or material.
   2. You agree to indemnify and hold NutraTech Ltd, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, physical injury, emotional distress, property damage liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties explained in these Terms of Use.
   3. NutraTech Ltd does not guarantee that the Nutracheck App and website will be error free and uninterrupted, or that defects will be corrected. Whilst every endeavour is made to ensure the accuracy of the food database, NutraTech Ltd will not be held accountable for any errors in content, or outcomes resulting from the errors.
5. Limitation of Liability

   1. You understand and agree (to the fullest extent permitted by law) that NutraTech Ltd will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of, or resulting from;

      i) the use or the inability to use the Service

      ii) the use of any content or other materials in the Service

      iii) the cost of buying substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from using the Service

      iv) unauthorized access to or alteration of your transmissions or data

      v) in no event shall the total liability of us to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for subscribing to the Service.

      If you are dissatisfied with any portion of the Service, or with any of the provisions of these Terms of Use, your sole and exclusive remedy is to cease using the Service and to uninstall the Nutracheck Calorie Counter App.

6. Subscriptions & Cancellation

   1. The Service provides newly registered users with 7 days free use of the Nutracheck Calorie Counter App and website. There is no requirement to enter card payment details upfront, and no obligation to continue using the Service after the free trial. You will not be charged automatically - payment can only be made actively by you with your consent.

      After the free trial period expires, your membership status will change to 'Lite' and restrictions will apply. To remove these restrictions, you can purchase a subscription from a range of membership options in the App or via the Nutracheck.co.uk website

      The Service provides newly registered users with 7 days free use of the Nutracheck App and website. There is no obligation to continue using the Service after the free trial and you will not be charged automatically - payment can only be made actively by you with your consent.

      After the free trial period expires, your membership status will change to 'Lite' and restrictions will apply. To remove these restrictions, you can purchase a subscription from a range of membership options in the App (tap on 'More' in the bottom menu bar).

   2. Subscriptions options are available to view in the following places:
      
      Nutracheck App - tap on 'More' in the bottom menu bar.
      
      Nutracheck website - click on 'Prices'. (When signed in, hover over 'Profile' and select 'Extend my membership').
      
      Please note these options may vary from time to time.

      Subscriptions options are available to view by tapping on 'More' in the bottom menu bar. Please note these options may vary from time to time. In-App subscriptions are charged through your Apple iTunes account.

      Subscriptions options are available to view by tapping on 'More' in the bottom menu bar. Please note these options may vary from time to time. In-App subscriptions are charged through your Google Wallet account.

   3. Cancelling your subscription

      App-Only Subscriptions: cancelling the renewal

      The 1 month auto renewing memberships will renew at the same price unless cancelled at least 24 hours prior to the end of the membership period.

      To cancel an auto-renewing subscription on an Apple iOS device visit 'Settings' > 'iTunes & App Store' then click on 'Apple ID' and review the settings under 'Subscriptions'.

      Important: Uninstalling the Nutracheck App will not automatically stop your subscription. You must cancel your subscription to end your subscription. If you uninstall the App without cancelling your subscription, you will still be charged.

      The 1 month auto renewing memberships will renew at the same price unless cancelled at least 24 hours prior to the end of the membership period.

      To cancel an auto-renewing subscription on an Android device go to payments.google.com, select Bills and accounts, then select the subscription you want to cancel > Cancel subscription.

      Important: Uninstalling the Nutracheck App not automatically stop your subscription. You must cancel your subscription to end your subscription. If you uninstall the App without cancelling your subscription, you will still be charged.

      Cancelling Website & App subscriptions:

      After your initial membership term of 3 or 6 months, your membership will be automatically renewed on a monthly basis. The renewal rate is the rate published at the point of purchase and confirmed in your WorldPay FuturePay confirmation email. In the event that you do not use your account, cancellation will not automatically take place. Your account will continue to be charged until you cancel it.

      It is your responsibility to cancel your FuturePay monthly renewal if you no longer wish to be a member. This can be done at any time by contacting us at customercare@nutracheck.co.uk or on the Nutracheck.co.uk website. To do this, sign in to your online account, click on the 'Profile' tab and select 'My account' - use the 'Cancel my monthly renewal' link at the bottom of the page.

      You will receive an email from WorldPay confirming the FuturePay Agreement has been cancelled.

      Please note - delivery of emails cannot be guaranteed and is subject to email providers and junk mail settings. We are not responsible for lost emails or delays. If you do not receive the confirmation email from WorldPay within 72 hours of sending your cancellation request (and have checked any email junk folders), please call our Helpline on 0115 969 4660 (open 8.30am - 6pm, Monday to Friday, excluding Bank Holidays) to check we have received your cancellation request.

      We recommend you cancel at least 24 hours before your renewal date as unfortunately refunds cannot be made if you cancel after the renewal date has passed.

      App-Only subscriptions: cancelling the renewal

      The 1 month auto renewing memberships will renew at the same price unless cancelled at least 24 hours prior to the end of the membership period.

      To cancel an auto-renewing subscription on an Apple iOS device visit 'Settings' > 'iTunes & App Store' then click on 'Apple ID' and review the settings under 'Subscriptions'.

      To cancel an auto-renewing subscription on an Android device go to payments.google.com, select Bills and accounts, then select the subscription you want to cancel > Cancel subscription.

      Important: Uninstalling the Nutracheck App not automatically stop your subscription. You must cancel your subscription to end your subscription. If you uninstall the App without cancelling your subscription, you will still be charged.

   4. Refund policy

      Refunds for App-Only Subscriptions

      If you paid for a subscription via your iTunes account you will need to contact Apple directly to request the refund.

      To do this sign into your iTunes account online and go to your 'Purchase History'. Look for the link to 'Report A Problem'. You can also find the 'Report a Problem' link in the invoice Apple sent you to confirm the purchase.

      If you paid for a subscription via Google Wallet, please email us at customercare@nutracheck.co.uk or call our Helpline on 0115 969 4660 (open 8.30am – 6pm, Monday to Friday, excluding Bank Holidays).

      Refunds for Website & App Subscriptions:

      You have the statutory right to withdraw from a membership agreement and seek a membership refund within 7 days after the date of purchase for membership.

      To withdraw from the agreement within the 7 day cooling off period, send an email to customercare@nutracheck.co.uk clearly stating 'Cancel & refund membership', together with your registered email address. Or call the Helpline on 0115 969 4660 (open 8.30am - 6pm, Monday to Friday, excluding Bank Holidays).

      You will receive an email from WorldPay confirming the refund has been issued.

      Please note - delivery of emails cannot be guaranteed and is subject to email providers and junk mail settings. We are not responsible for lost emails or delays. If you do not receive a refund confirmation email from WorldPay within 72 hours of requesting to cancel (and have checked any email junk folders), please call our Helpline on 0115 969 4660 (open 8.30am - 6pm, Monday to Friday, excluding Bank Holidays) to check we have received your refund request.

   5. Membership is continuous and cannot be put on hold for short durations such as holidays.
   6. We reserve the right to cancel membership at any time and return any fees paid.
7. Student Discount

   The offer ("Student Discount Offer") is made available by NutraTech Ltd.

   1. The offer is available to students at a higher level education institution who meet our qualifying criteria ("Qualifying Student").
   2. Qualifying Students are entitled to receive 50% discount off the standard monthly subscription price for the Nutracheck App and 33% discount off the 12 month subscription.
   3. To activate the offer, you must meet our qualifying criteria and supply your educational email address for us to verify you are a Qualifying Student.
   4. Only one Nutracheck account can be registered under a qualifying educational email address.
   5. We reserve the right to determine if you are a Qualifying Student in our sole discretion. If we believe that the offer is being mis-used by a non-qualifying individual we will close the account.
   6. NutraTech Ltd reserves the right to terminate this Student Discount Offer at any time and for any reason.
   7. You can cancel your subscription to Nutracheck at any time by following the instructions below. Your membership will expire at the end of the current discounted month. You may re-purchase the Student Discount Offer so long as you are a Qualifying Student.

   How to cancel

   iOS

   Tap on 'Settings' on your phone homepage, scroll down and select 'iTunes & App Store'.

   Click on your Apple ID at the top of the page and then on 'View Apple ID' - (enter your iTunes password). This will take you to your 'Account' page.

   Tap on 'Subscriptions', select Nutracheck, then tap 'Cancel subscription'. This will stop any further payments.

   Android

   Search for Nutracheck in the Google Play Store.

   Tap on Cancel Subscription.

8. Supplementary charges

   1. It is solely your responsibility to check with your network provider about data charges that may arise through use of App features which require mobile data.

      Mobile data charges will depend on the service agreement you have with your network provider. The charge will be reflected on your mobile tariff or phone bill and we strongly advise you to check what charges will apply to your account BEFORE commencing use of the Nutracheck App.

   2. NutraTech Ltd cannot be held liable for, and will not pay for or refund any data charges that you may incur through use of Nutracheck Calorie Counter App or Nutracheck website.
9. Changes to our Terms of Use
   1. These Terms of Use are effective from 23 September 2019 and replace with immediate effect the previous version.
   2. We reserve the right to update or change our Terms of Use at any time and it is your responsibility to check back regularly. Any changes posted on this page become effective immediately. Your continued use of the Service after we post any modifications on this page will constitute your acknowledgment of the changes and your consent to abide and be bound by the updated Terms of Use.

If You have any comments or queries in connection with these Terms of Use or our Privacy Policy, please contact us by email at customercare@nutracheck.co.uk, or write to us stating your registered email address, name and contact details at:

NutraTech Ltd
Bridgford Business Centre
29 Bridgford Road
West Bridgford
Nottingham
NG2 6AU
United Kingdom

Copyright© 2005-2018 NutraTech Ltd. All product names, trademarks, registered trademarks, service marks or registered service marks, mentioned throughout any part of the Nutracheck Calorie Counter App and Nutracheck website belong to their respective owners.