TERMS OF USE
Welcome to the Platform known as https://ournutrikitchen.com/. These Terms of Use govern your visit and use of the Platform and form a binding agreement between the Company and yourself.
Capitalised terms have the following meanings:
| Company | means Living Well Coaching FZ – LLC, an entity incorporated under the laws of UAE under licence number 47012237 that owns and manages the Platform and offers the Program through the Platform, having email address [email protected]; |
| Community Forum | refers to the online space(s) within the Platform where Users or Members can interact, share experiences and participate in discussions; |
| Community Guidelines | means the rules, standards and expectations established by us from time to time, to govern the behaviour and conduct of Users while interacting with the Platform, including but not limited to communication with other Users and participation in any activities or forums available on or through the Platform; |
| Member(s) | means a User who has successfully subscribed to a Program offered by us, paid the requisite subscription fees and has been granted access to the exclusive features and content available on the Platform; |
| Membership | refers to the subscription-based access granted to Users who successfully enrol in the Program, allowing them to utilise specific features, content and services provided through the Platform. A Membership typically includes, but is not limited to, access to premium educational content, exclusive Community Forums, pre-recorded online videos, online workshops, weekly recipes and any additional resources or benefits as determined by us; |
| Onboarding Session | means the initial free 30-minute virtual session provided to first-time Users as further detailed in these Terms of Use; |
| Personal Data | means any data relating to an identified natural person, or one who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person; |
| Platform | means the website with URL https://ournutrikitchen.com/, owned and managed by the us; |
| Program(s) | refers to the structured course offered for a duration of one (1) month through the Platform, designed to guide users on topics related to healthy eating, meal planning, and related subjects through associated materials including but not limited to pre-recorded training videos, live and recorded cooking workshops, online recipe bank, weekly live Q&A sessions, meal planning guides, PDFs, exclusive Community Forums and weekly recipes; |
| Submissions | refers to content, including but not limited to comments, reviews, feedback, suggestions, photographs, videos, articles or other materials; |
| Terms of Use | means these terms that govern the use of the Platform and form a valid and binding contract between us and you; |
| Third-Party Sites | means any third-party website or platform; |
| User(s) | refers to anyone who accesses or uses the Platform; |
| Us / We / Our | refers to the Company domiciled in the UAE and its affiliates, subsidiaries and related entities; |
| UAE | means the United Arab Emirates; |
| You / Yours | refers to you as a User of the Platform; and |
| User Account | means the account of a User on the Platform. |
YOUR CONSENT
By visiting the Platform, you confirm that you are at least eighteen (18) years of age, which is legal age to form a binding contract and are not a person or entity barred from entering into contracts under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Use. Please be aware that your current and future use of the Platform (in any form or manner) is subject to the Terms of Use. We urge you to read this document thoroughly. You may use certain parts of the Platform in accordance with the licence we provide you. Should you disagree to be bound by the Terms of Use, please do not use the Platform in any way.
DESCRIPTION OF THE PLATFORM
The Platform provides Users with access to a variety of coaching and community resources aimed at promoting healthy eating habits, improving nutritional knowledge and fostering a supportive community environment.
SITE ACCESS
The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces (we cannot guarantee which devices work).
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable licence to:
- access and use the Platform solely in connection with its indicated use; and
- access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Use, is reserved by us.
The licence we grant you prevents you:
- to download or modify any content, or any portion of it, except with prior written consent from us;
- to use any robots, data mining or similar data gathering and extraction tools;
- from any derivative use of the Platform or any resale use of the Platform;
- to upload or transfer viruses, trojans or other harmful elements that may contaminate the Platform;
- to make any false, fraudulent or speculative reservation or post or listing, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material, comment or content that may constitute or encourage a criminal or civil offence, or otherwise violate any law;
- to take screenshots of any content on the Platform and disseminate such screenshots in any manner whatsoever; and
- to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform.
You hold responsibility to be fully aware of the laws that govern your relationship with us and use of the Platform. We reserve the right to terminate this agreement without notice, suspend or limit any User Account that we believe violates or circumvents the licence that we grant; cancel any unconfirmed User Accounts or User Accounts unattended for more than three (3) months; or reject your application to register on the Platform.
You are solely responsible for the type and level of disclosures of information you make to the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. The Platform shall not engage with any individual or entity that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. Kindly refrain from using the Platform if you (or any entity you are part of) are sanctioned by the United States Office of Foreign Assets Control (OFAC), United Nations or UAE or you deal with persons or entities that are sanctioned with any of these organisations. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.
USER ACCOUNT
To access certain features of the Platform such as available Programs, Users are required to create an account by providing accurate and complete registration information, including but not limited to their name and email address. Users agree to update their User Account information promptly to ensure it remains accurate and complete.
Users are responsible for maintaining the confidentiality and security of their User Account credentials, including their username and password. Users agree to notify us in writing immediately of any unauthorised use of their User Account or any other breach of security. We shall not be liable for any loss or damage arising from a User’s failure to protect their User Account credentials.
Users are permitted to use their User Account solely for personal, non-commercial purposes in accordance with these Terms of Use. Each User Account is intended for the sole use of the registered User permitted by us. In cases where a User purchases the Program for the purpose of upskilling their household staff, the User may allow only one (1) household staff to access the Program using their User Account, provided always that the User Account is not shared to any third party other than the single household staff. The name, email address and mobile number of such household staff shall be provided in advance to us for approval and authorisation of sign-in by such household staff.
We reserve the right to grant complimentary access to the Program to certain individuals including but not limited to influencers and partners at our sole discretion which you understand and agree, shall not interrupt or interfere with your use or access of the Platform. All other terms and conditions of the Program as outlined herein, shall apply to such individuals granted complimentary access.
We reserve the right, at our sole discretion, to suspend or terminate any User Account and their access to the Platform at any time, with or without notice, for any reason, including but not limited to a breach of these Terms of Use, suspected unauthorised use or any behaviour that we deem inappropriate or harmful to other Users or the Platform.
In the event of a forgotten password or User Account compromise, Users may use the Platform’s account recovery options to regain access to their User Account. We do not guarantee the recovery of any User Account and are not responsible for any loss of data or content associated with a lost or compromised User Account.
You may not use the Platform to transmit viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane comments or material or any material that will constitute or encourage conduct that would be considered a criminal or civil offence or otherwise violate any law. You may not copy, adapt, commercialise or transfer the content from the Platform in any manner.
You may not use the Platform for any purpose that is unlawful or is prohibited by these Terms of Use or applicable laws. You are responsible to know and fully be aware of the laws applicable to you and to this Platform. We are not obligated to advise you on whether or how the use of the Platform may impact you in any manner and this is your sole responsibility.
All information contained in this Platform including photographs, videos and descriptions are by way of illustration purposes only and are subject to change. By using this Platform, you waive any claim against us for any inaccuracy in the Platform materials. If you upload any information, photographs, content or illustration on the Platform you warrant and guarantee that you are not violating any third party’s rights, any laws, rules or regulations.
MEMBERSHIP AND PROGRAM ENROLMENT
Upon successful registration, Users are eligible to enrol in a Program offered by us at a fee of Arab Emirate Dirhams Five Hundred and Fifty Only (AED 550). This Program includes access to course content such as modules covering relevant topics, along with other educational resources. We reserve the right, at our sole discretion, to extend the duration of a User’s access to the Program.
Upon successful enrolment in the Program, the User shall become a Member on the Platform and will gain access to additional exclusive features available only to Members. Access to the Program materials, videos, and additional exclusive features available only to Members however will be granted approximately one (1) week before the start date of the Program cohort.
The Platform offers an additional recurring monthly subscription service limited to access to recipes and meal plans. Users retain the right to cancel at any time. The service shall be made available in either of the following two ways:
(i) Post-Program Access: Users who have previously enrolled in the Program shall have the option to continue accessing the recipes and meal plans upon payment of a monthly subscription fee of 55 AED, following the conclusion of their Program; or
(ii) Subscription-Only Access: Users who did not enrol in the Program may subscribe exclusively to the recipes and meal plans service by paying a monthly subscription fee of 55 AED.
Membership and Program enrolment are non-transferable and intended for the sole use of the registered User and their designated helper if authorised by us in writing. Unauthorised sharing or distribution of Membership or Program access or content may result in the termination of the Membership or Program enrolment, as well as legal action as deemed necessary by us.
We reserve the right to modify, suspend, or discontinue any Membership, Program, or any part thereof, with or without notice, and without liability to the User, subject to applicable law.
Each Program may have distinct start and end dates, and access to Program materials may be limited to the duration of the Program, unless otherwise specified in writing.
We may offer promotional or trial Memberships and Program enrolments at its discretion. Such promotional offers may be subject to additional terms and conditions, which will be provided at the time of the offer.
In the event of any breach of these Terms of Use or any misconduct by a User, we reserve the right to terminate or suspend a User’s Membership or Program enrolment without notice and without refund of any fees paid.
Cancellation requests for Membership or Program enrolment must be submitted in accordance with the cancellation policy provided by us and in writing. Upon cancellation, the User’s access to the Platform, Membership benefits, and Program materials will terminate at the end of the current billing cycle unless otherwise specified by us.
FEATURES OF THE PLATFORM
The Platform offers a wide range of features such as:
- Educational content
- Interactive online workshops
- Community Forum
- Recipes
- Meal Planner & Sopping List
- Onboarding Sessions
- Security and privacy features
- Recorded Sessions
Educational Content
The Platform offers Members access to a comprehensive repository of pre-recorded instructional videos, which provide educational content on topics including, but not limited to, meal planning strategies, the principles of macronutrient distribution and methods for making nutritionally beneficial food choices. These materials are intended to accommodate Users at various levels of expertise, ranging from novice to advanced.
Interactive Online Workshops
The Platform facilitates interactive online workshops, wherein Members are afforded the opportunity to apply theoretical knowledge in practical settings. Such workshops encompass live demonstrations of recipe preparations, practical culinary techniques, clarify questions and general guidance. Users may submit inquiries, obtain real-time feedback and engage in practical exercises within a supportive and interactive environment.
Community Forum
The Platform maintains a Community Forum consisting of two categories:
(i) a general-access forum open to all Users, intended for purposes of general discussion and engagement among Users; and
(ii) an exclusive forum restricted to Members and shall include course materials, exclusive content and other benefits associated with the Program.
The general-access forum shall be hosted on platforms such as WhatsApp or similar and the exclusive forum may be hosted on a similar or separate platform or within a designated area of the Platform.
The Platform reserves the right to host contests, challenges and other interactive initiatives within the Community Forum.
Recipes Sharing
The Platform offers weekly culinary recipes to Users, aimed at facilitating the adoption of healthy dietary practices. Such recipes may be authored by us or sourced from external, reputable entities. Initially offered on a complimentary basis, the weekly recipe service may be converted to a Members-only feature at our discretion, contingent upon User feedback and Platform developments.
Online Recipe Bank
The Platform provides Users with access to an online recipe bank, which includes a curated collection of recipes designed to support healthy eating habits. The recipes may be either original or sourced from reputable external sources and are regularly updated to inspire and assist Users in their meal planning and preparation efforts.
Onboarding Sessions
The Platform provides Onboarding Sessions to new Users. The purpose of the Onboarding Sessions is to ascertain the User’s objectives and dietary challenges, offer tailored guidance and acquaint the User with the Platform’s features. Prior to Onboarding Sessions or soon after, Users are additionally required to complete an onboarding form, that solicits information regarding their dietary habits, preferences and relevant contact details.
Security and Privacy Features
The Platform is committed to upholding a secure and private environment for all Users. To this end, the Platform incorporates features to moderate content, enforce community guidelines and exercise the right to remove or restrict access to Users who contravene these standards. Additionally, the Platform implements measures to prevent the unauthorised dissemination of login credentials and content, thereby safeguarding the intellectual property of the Company and preserving the integrity of the Program.
All Personal Data collected, processed and stored through the Platform shall be handled in strict accordance with the Platform’s privacy policy.
Recorded Sessions
The Platform reserves the right to record live workshops, Q&A sessions and other interactive events and to subsequently upload these recordings to the Platform for the benefit of Users. Such recordings shall be made available as part of the User’s Membership and may be repurposed for promotional or educational dissemination across social media and other channels.
PAYMENTS
Users agree to pay all fees and charges associated with Membership or Program enrolment as specified on the Platform. All payments are due in full at the time of enrolment and Users shall provide valid and accurate payment information when making any payments through the Platform.
Payments shall be processed through our designated third-party payment processor, Stripe, which may be changed at our discretion. Users may be required to provide payment details, including but not limited to credit or debit card information at the time of enrolment. We do not store Users’ payment information on the Platform, and all transactions are subject to the terms and conditions of the respective payment processor.
All fees and charges shall be paid in United Arab Emirates Dirham (AED) unless otherwise specified. We are not responsible for any additional fees, including but not limited to currency conversion fees, imposed by the User’s financial institution or the payment processor.
All payments made are non-refundable unless expressly provided otherwise in writing by us. We may, at our sole discretion, offer refunds or credits in exceptional circumstances, subject to applicable law. Any such refunds or credits shall be processed in accordance with our refund policy. You may request cancellation and refunds in the event where there is a significant delay (more than three (3) days from the designated Program start date) in providing you with access to the online learning Program and after receiving such access you did not access the Program or not complete any part of the Program. Refunds shall not be permitted where the Program has been accessed and a User has changed their mind about his/her participation or does not wish to participate in the Program, for any reason.
In the event of any failure to make timely payments, we reserve the right to suspend or terminate the User’s access to the Platform, Membership benefits and Program materials until full payment is received. We may also charge interest on overdue amounts at the maximum rate permitted by applicable law.
We reserve the right to change the fees associated with Membership and Program enrolment at any time. Any such changes shall be communicated to the User in advance and the User’s continued use of the Platform following such notice shall constitute acceptance of the revised fees.
COMMUNITY GUIDELINES
We have the right to create or modify Community Guidelines relating to the Platform or Membership at any time. We are not obligated to notify you however you are obligated to continue to keep yourself updated with respect to these Community Guidelines because this will govern your registration and continued subscription to the Membership and Platform.
We are dedicated to fostering a respectful, inclusive and safe environment for all Users. To ensure a positive experience, any form of harassment, abuse, discrimination or hate speech based on race, ethnicity, gender, sexual orientation, religion or any other characteristic is strictly prohibited. No User must engage in any fraudulent or misleading activities, including impersonating other Users, providing false information, or attempting to deceive others through any means.
You are encouraged to report any violations of these Community Guidelines to us. Reports should be submitted in writing via the contact information provided on the Platform and we shall investigate and take appropriate action in accordance with its policies and applicable law.
We reserve the right to enforce these Community Guidelines at our sole discretion. Enforcement actions may include, but are not limited to, issuing warnings, suspending or terminating access to the Platform, Membership and/or Program enrolment and taking legal action as necessary.
ONLINE COMMUNICATIONS
Upon your successful completion of registration, which shall include our acceptance of your registration request, you hereby irrevocably consent to the automatic subscription to our newsletter and the receipt of electronic communications from us. Such communications may include, without limitation, emails, notifications, advertisement and details related to your use of the Platform, Membership, Program enrolment and other relevant updates unless you opt out in writing to us. In the event you wish to withdraw your consent to receive such communications, you may do so by contacting us at [email protected]. Please be advised that opting out may adversely affect your receipt of notifications regarding updates, modifications and other important information related to the Platform.
We are committed to protecting your privacy and ensuring the confidentiality of all communications. We shall however not be liable for any unauthorised access or interception of communications transmitted via the Platform.
LIMITATION OF LIABILITY
Any issues or claims with respect to the Platform must be reported to us within three (3) calendar days of the issue arising. Failure to notify us within this period may result in us not being able to address the issues in the manner that we could have if we were notified in a timely manner and in this respect, the User’s fully and unequivocally waives all claims against us.
To the fullest extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, agents, licensors and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or in connection with your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.
We shall not be liable for any actions, errors, omissions, representations, warranties, breaches, or negligence of any third-party service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for accessing or using the Platform, for the previous six (6) months. You waive claims for any additional monies.
INDEMNITY
You agree to indemnify, defend, and hold us and our Affiliates harmless (“Indemnified Parties“) from and against any and all claims, liabilities, damages, losses, costs, omissions and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with:
(a) your access to or use of the Platform, including any content or data transmitted, uploaded, or stored by you on or through the Platform;
(b) your breach or violation of these Terms of Use, including but not limited to any representations, warranties and covenants contained herein;
(c) your violation of any rights of a third party, including but not limited to any intellectual property rights, privacy rights or publicity rights; or
(d) any claim that your content caused damage to a third party.
This indemnification obligation shall apply to any actions or claims that may be made against the Indemnified Parties by any third party, including but not limited to other Users, arising out of or in connection with your use of the Platform or any breach of these Terms of Use.
THIRD-PARTY SITES
The Platform may contain links to Third-Party Sites, services or resources that are not owned or controlled by us. These links are provided solely for your convenience and do not constitute an endorsement, approval or recommendation by us of the content, products, services, or information available on or through such Third-Party Sites.
We have no control over, and assume no responsibility for, the content, privacy policies, practices, or availability of any Third-Party Sites. You acknowledge and agree that your access to and use of any Third-Party Sites is at your own risk and we shall not be liable for any loss or damage that may arise from your use of or reliance on any Third-Party Sites.
Your use of any Third-Party Sites may be subject to additional terms and conditions imposed by the operators of those sites. It is your responsibility to read and understand those terms and conditions before using any Third-Party Sites.
The inclusion of any links to Third-Party Sites on the Platform does not imply that we endorse, approve or are affiliated with the operators of those sites nor does it imply any responsibility for the content or practices of those sites.
Any interactions, transactions, or communications between you and any Third-Party Sites, including the purchase of goods or services, are solely between you and the third party. We shall not be responsible or liable for any claims, interruptions, disputes or issues whatsoever arising from such interactions.
SUBMISSIONS ON THE PLATFORM
The Platform may allow Users to post, upload, share, or otherwise submit Submissions. By making any Submissions on the Platform, you represent and warrant that you have the right and authority to make such Submissions and that your Submissions do not violate any law, infringe the rights of any third party or breach any agreement.
By submitting content to the Platform, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in any media format and through any media channels now known or hereafter developed. You agree that we may use your Submissions for any purpose, including but not limited to promotional, marketing and commercial purposes, without compensation to you.
Any Submissions you make to the Platform are considered non-confidential and non-proprietary. We shall have no obligation to treat any Submissions as confidential and shall not be liable for any use or disclosure of Submissions.
You agree that any Submissions you make on the Platform will comply with the Community Guidelines and will not contain any material that is unlawful, harmful, defamatory, obscene, offensive, discriminatory or otherwise objectionable. We reserve the right to remove or edit any Submissions at its sole discretion and without notice.
INTELLECTUAL PROPERTY
The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, software, logos, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved and are protected by international copyright laws.
All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorised by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.
SURVIVABILITY
If a court in the UAE or in any other applicable jurisdiction finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws.
AMENDMENT
We reserve the right to change any content on the Platform including the Terms of Use without any prior notice. The most recent version of the Terms of Use will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.
NOTICES AND COMMUNICATIONS
Any notices or communication under the Terms of Use, or Disclaimer may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at [email protected].
GOVERNING LAW AND JURISDICTION
By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use and any disputes arising from or related to these Terms of Use, the Platform or any transactions conducted through the Platform shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
In accordance with the provisions of Federal Decree-Law No. 14 of 2023 on Trading by Modern Technological Means (as amended), all electronic transactions and communications carried out through the Platform shall be deemed legally binding and enforceable.
Any disputes arising from electronic transactions conducted through the Platform shall be resolved by the Dubai Courts, in accordance with the applicable laws of the UAE.
TERMINATION
We reserve the right at any time, and for any reason, to terminate this agreement between us, by email. You may terminate your agreement with us by sending us a written notice by email at [email protected] and discontinuing your use of the Platform or by deleting your User Account. Termination of the agreement between us according to these Terms of Use does not affect either of our already accrued rights or liabilities prior to the date of termination.
Last updated in United Arab Emirates on the 3rd of September 2024.
DISCLAIMER
The content provided on this Platform is for informational purposes only and is not intended as medical advice, diagnosis or treatment neither is it intended to be an alternative or replacement for any medical advice or treatment.
For further clarity, the information available through the Platform, including but not limited to, text, graphics, images and other material, is not a substitute for professional medical advice, consultation or care from a licensed healthcare provider. You should seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or treatment.
We make no representations or warranties, nor do we provide any guarantees concerning the accuracy, completeness, suitability or result of any information or content provided on the Platform for any purpose. The use of any content or information provided through the Platform is solely at your own risk. All content is provided “as is” without any warranties of any kind, either express or implied.
While we endeavour to provide comprehensive information, particularly concerning ingredients, food content and potential allergens, we cannot guarantee that the content provided will be free from errors or omissions. Users are advised that despite our best efforts to be as descriptive as possible, there is no guarantee that any information provided will not cause allergic reactions or other health-related issues. Users with food allergies, intolerances or other dietary concerns should exercise caution and consult with a healthcare professional before relying on any information provided through the Platform. Where necessary, Users are encouraged to use substitutes that suit their individual dietary needs and preferences.
The Platform may contain links to Third-Party Sites or content. We do not endorse, guarantee or assume responsibility for the accuracy or reliability of any information provided by any Third-Party Sites.
You hereby waive any and all claims against us, arising out of your use or access or interruption or inability to use or access the Platform. If you have any concerns, questions or feedback, please direct these to [email protected].