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TERMS AND CONDITIONS

Acceptance of Terms

Welcome to Nutritionus.com (Nutritionus). The following are the Terms of Use with regard to the use of Nutritionus. Nutritionus may in its own discretion and at any time without notice to you modify or revise the Terms of Use. Such modifications or revisions shall be effective immediately upon by Nutritionus’s posting the same on https://www.Nutritionus.com and shall replace the relevant Terms of Use which were subject to modifications or revisions. Any use of Nutritionus by you constitutes your agreement to be bound by any modifications or revisions and any guidelines or regulations which may be posted from time to time. Those guidelines and regulations shall form part of the Terms of Use for your use of Nutritionus.

Description of Use

Nutritionus is providing user with products, products descriptions, products comparison, education service provided by third parties, entertainment, and its related services. (the Service) You understand and agree that the Services may include advertisements and the advertisements are necessary to the provision of the Services by Nutritionus. You also understand and agree the Services might include some communications like service postings and administrative messages issued through Nutritionus and those communications shall form part of the Services. Unless otherwise provided, addition enhancement or change by way of any new functions (including any new products) of and to the Services shall be subject to the Terms of Use. You understand and agree that the Services are provided to you on “as is” basis. Nutritionus disclaims any liability as a result of any non-performance, deletion, transmission error or failure of storage of any communication or personalized settings. Also, Nutritionus will not be responsible for any food safety of products manufactured by third parties, and advices from third parties that causes abnormal reaction and sickness. If such cases occur, please seek for doctor or dietitian’s advices before continuous behavior. Nutritionus reserves the right to without giving any prior notice to you deactivate any or all of the Services in order to carry out repairs, system maintenance upgrading or any works that Nutritionus thinks appropriate. You shall be solely responsible for obtaining the Services and all the related expenses charged by the third parties (like Internet service provider or charges on consumption basis) including charges for transmitting any advertisement displays. You shall be responsible for obtaining all the equipment and instruments for access to and use of the Services and all charges and expenses related thereto.

Please be aware there are certain areas on the Nutritionus Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

Your Registration Obligations

In consideration of your use of the Nutritionus Services, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Nutritionus Service’s registration form (the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nutritionus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nutritionus has the right to suspend or terminate your account and refuse any and all current or future use of the Nutritionus Services (or any portion thereof). Nutritionus is very concerned with the safety and privacy of all the users.

Privacy Policy

You must agree and abide by the terms and conditions of the Privacy Policy in order to use the Services. The Privacy Policy is to protect the personal information of yours and other users. For more information, please refer to Nutritionus’s Privacy Policy Statement.  You can find the statement in www.nutritionus.com.

Member Account, Password and Security

You will receive a password and account designation upon completing the Nutritionus Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify Nutritionus of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Nutritionus cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

User’s Conduct

You understand and confirm that the third party content provider shall be solely responsible for their information data text software music sound photographs graphics video news or other contents (“the Contents' ') so submitted whether posted publicly or transmitted privately and Nutritionus takes no responsibility therefor. You but not Nutritionus shall be solely responsible for all of the Contents so uploaded posted delivered by email or transmitted through the Services. Nutritionus cannot control the Contents so posted through the Services and does not guarantee the accuracy, integrity and quality of the Contents. You understand when using the Services you may be exposed to any of the Contents which may be unpleasant, improper or disgusting. In no circumstances shall Nutritionus have any responsibility on the Contents including but not limited to any mistake or omission of the Contents or any loss or damage whatsoever as a result of posting email delivery or transmission of the Contents through the Services.

You agree and undertake not to use the Services for any of the following purposes:

(1) to upload display send email or transmit any of the Contents which may be illegal damaging threatening abusing harassing infringing defamatory obscene indecent immoral privacy infringing race and sex discriminating or unlawful;

(2) to cause damage to any person or entity by whatsoever means;

(3) to falsely claim to be any person or entity including but not limited to the publisher or the administrator of Nutritionus, the leader or host of Nutritionus, or misrepresent as to your relationship with any person or entity by fraudulent dishonest or improper means;

(4) to falsely make a headline or take control of identifiable information by whatever means in order to mislead the origin of any of the Contents transmitted through the Services;

(5) to upload display or transmit by whatever means any of the Contents which is unauthorized in accordance with any law or trust or confidentiality (like internal information or patented or confidential information disclosed or obtained as a result of employment relationship and confidential contract);

(6) to upload display or transmit by whatever means any of the Contents that may infringe any patent trademark business privacy copyright or other intellectual property rights of any persons;

(7) to upload display or transmit by whatever means any advertising promotion sales information junk mails spamming chain letters direct sales or other inducing materials;

(8) to upload display send email or transmit by whatever means of any of the Contents which contain viruses including but not limited to Trojan Horses, worms, time bombs, cancelbots or other computer codes, files or programs in order to calculate to interfere with disrupt or restrict any computer software hardware or communication appliances;

(9) to disrupt normal flow of dialogues, to cause the screen flashing, or to cause other users unable to type or transmit messages or to defer or cause any negative effect to the capability of instant communication amongst other users;

(10) to interfere with or disrupt the Services or the server and network connected for the Services or irregulate the same with its specifications, procedures policy or regulations;

(11) to be in breach of any applicable local national or international law and regulations and other rules with legal force whether intentionally or unintentionally;

(12) to track or interfere other persons by whatever means;

(13) to collect or store personal information of other users;

(14) to organize or promote illegal activities; and

(15) to transfer or exchange the Services with any third party for money or otherwise.

Nutritionus disclaims any liability in terms of the accuracy, integrity and legality of any of the Contents. All comments opinions and expressions posted on Nutritionus represent the individual comments opinions and expressions of the particular users but not Nutritionus’s. As Nutritionus Forum is subject to the restriction of instant upload system specification, Nutritionus cannot examine and monitor all the comments opinions and expressions so posted on Nutritionus. You should inform us by email to report any problems concerning the same.

You understand and agree that Nutritionus may as it deems fit and appropriate store or disclose any of the Contents in order to: (1) comply with any legal or prescribed requirements or to comply with any legal proceedings; (2) to execute and give effect to the Terms of Use; (3) to reply to any allegations and claims made by any infringed third parties; (4) to protect the interests property and security of Nutritionus, other users and the general public.

You understand the Services including the Contents submitted by you may be modified or changed as a result of (1) different specifications of individual network; (2) settings in the transmission process.

Warnings to International Usage

You understand there is no boundary restriction in network. You also agree to comply with all applicable regulations governing the Internet activities and applicability of the Contents. You in particular agree to comply with the relevant laws regarding personal data or data transmission in Hong Kong or country or area of your residence or the country from and to which the information was transferred.

Indemnity

You agree to indemnify and hold Nutritionus and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Nutritionus Services, your use of the Nutritionus Services, your connection to the Nutritionus Services, your violation of the Terms of Use, or your violation of any rights of another.

Non Commercial Reuse of Nutritionus Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Nutritionus Services (including Content, advertisements, Software and your Nutritionus ID).

General Practices Regarding Use and Storage

You acknowledge that Nutritionus may establish general practices and limits concerning use of the Nutritionus Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Nutritionus Services, the maximum number of email messages that may be sent from or received by an account on the Nutritionus Services, the maximum size of any email message that may be sent from or received by an account on the Nutritionus Services, the maximum disk space that will be allotted on Nutritionus’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Nutritionus Services in a given period of time. You agree that Nutritionus has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Nutritionus Services. You acknowledge that Nutritionus reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Nutritionus reserves the right to modify these general practices and limits from time to time.

Modifications to Nutritionus Services

Nutritionus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Nutritionus Services (or any part thereof) with or without notice. You agree that Nutritionus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Nutritionus Services (or any part thereof).

Termination

You agree that Nutritionus has the right to terminate your password and account (or any part thereof) or your use of the Services and remove and delete any of the Contents without any notice to you for any reason including but not limited to non-use of your account and Nutritionus’s belief of your breach of the Terms and Conditions. Nutritionus reserves the right to suspend or terminate the Services or any part thereof without notice to you. You also agree that Nutritionus has no responsibility towards you or any third parties as a result of Nutritionus’s suspension or termination of your use of the Services or suspension or deletion of your account or relevant information and files.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Nutritionus Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Nutritionus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Nutritionus Services.

Links

The Nutritionus Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Nutritionus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Nutritionus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Disclaimer of Warranties

You understand and agree:

(1) Nutritionus performs the obligations in relation to the provision of services under the Terms of Use. All the services are provided by Nutritionus with reasonable skill and care. Nothing in the Terms of Use shall exclude or limit our liability for personal injury or death caused by our negligence, deceit or liability that cannot be excluded or limited by any applicable laws.

(2) Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Nutritionus expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, merchantability, fitness for a particular purpose and non-infringement.

(3) Nutritionus makes no warranty that: (i) the services will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the “app” will be corrected.

(4) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(5) No advice or information, whether oral or written, obtained by you from Nutritionus or through or from the service shall create any warranty not expressly stated in the Terms of Use.

(6) Nutritionus does not guarantee (include but not limited to) the accuracy of all the Contents on this site.

(7) Nutritionus has the right but no liability to improve and correct any mistake in any parts of the Services. We reserve the right to modify, edit or delete the Contents, Terms of Use, Privacy Policy with prior notice.

(8) Nutritionus has the right to record visitors’ information and behaviours on this site.

(9) Nutritionus has the right to suspend or terminate and give warning to your account and refuse any and all current or future use of the Services (or any portion thereof).

Limitation of Liabilities

You understand and agree that Nutritionus shall not be liable for any direct/indirect incidental special consequential or exemplary damages for loss of revenue or anticipated profits, loss of business goodwill or data or intangible losses even if Nutritionus has been advised of the possibility of such damages resulting from (1) use or inability to use the Services; (2) the cost of procurement of substitute goods and services resulting from any goods information data services or messages purchased or obtained or received through the Services; (3) unauthorized access to or alternation of your transmission or information; (4) any statements or conducts of any third party from the Services; or (5) other matters related to the Services (except those expressly excluded in the Terms of Use).

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections “Limitation of Liabilities” and “Disclaimer of Warranties” mat not apply to you.

Notice

Nutritionus may provide you with notices, including those regarding changes to the Term of Use, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the site, or other reasonable means now known or hereafter developed.

Copyright and Copyright Agency

Nutritionus respects the intellectual rights of others and advise the users to respect their rights. In the event that you believe your works have been copied and your rights have been infringed, please provide the following information to us at: info@thekioskgroup.com

(1) electronic or tangible signatures of all the copyright owners;

(2) description of your alleged infringement;

(3) description of location of the alleged infringement;

(4) your address, telephone numbers and email address;

(5) your statutory declaration of your authority from copyright owner or his agent or by law; and

(6) your statutory declaration that the information you provide as requested is true and you are the copyright owner or the authorized agent to make such statutory declaration.

General Information

“Entire Agreement” The Terms of Use constitutes the entire agreement between you and Nutritionus and governs your use of the Nutritionus Services, superseding any prior version of this Terms of Use between you and Nutritionus with respect to the Nutritionus Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Nutritionus services, affiliate services, third-party content or third-party software.

“Choice of Law and Forum” You and Nutritionus each agree that the Terms of Use and the relationship between the parties shall be governed by the laws of HKSAR without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between you and Nutritionus, shall be brought exclusively in the courts located in Hong Kong.

“Waiver and Severability of Terms'' The failure of Nutritionus to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

“No Right of Survivorship and Non-Transferability''. You agree that your Nutritionus account is non-transferable and any rights to your Nutritionus ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

“Statute of Limitations” You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nutritionus Services or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the Terms of Use to us.

 

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