The present document shall govern the contracting of services via the website nootric.es, property of NOOTRIC S.L., hereinafter referred to as the PROVIDER.
Acceptance of these Conditions implies that the USER:
Titular: NOOTRIC S.L
Registered office: C/Mossen J. Verdaguer 6-8 S 3a 08940 - Cornellá de Llobregat (Barcelona)
Spanish Tax Number: B66690280
Trade Register of Barcelona, Volume 45190, Book 52, Inscripción 1, Sheet no. B-479758
Telephone no: 933 777 994
Email: support@nootric.com
Hereinafter, "THE PROVIDER".
In accordance with art. 10 of Law 34/2002, if administrative authorization is required or if it is a regulated profession, the data related to these must be stated.
1.- GENERAL CONDITIONS OF USE OF THE PORTAL
Access by the User to nootric.es hereinafter, "the APP" or "Web", is subject to the prior reading and acceptance of these GENERAL CONDITIONS OF USE, or those in force at the time of access. If the User does not agree with these conditions of use, he/she will have to refrain from using this Portal and from operating in it
However, access to certain content may be subject to certain special conditions, which in any case will be shown by the PROVIDER to the User, who, if applicable, must expressly accept them.
By browsing the website or the PROVIDER's APP, you acquire the status of USER. Browsing the web or the APP, implies acceptance as USER of the conditions of use, without prejudice to the express acceptance by the USER of the General Conditions of Contract, the data protection policy, as well as, where appropriate, of the Special Conditions, which may exist in relation to the provision of services.
At any time THE PROVIDER may modify the presentation and configuration of the website or the APP, of the information and legal documentation and of the services and content provided, all in accordance with the provisions of Article 126 and 126 bis of Royal Decree 1/2007 of November 16.
Access and registration in the Portal
In order to carry out the purchase of services on the website or the APP, Users must first register by filling out the forms provided for this purpose, with the required data and which are mandatory.
By using the web or the APP, the User declares to be over 14 years old. Likewise, NOOTRIC S.L. reserves the right to request additional documentation from the User in order to prove that he/she is over that age in order to be able to provide the requested service. On suspicion that a user of the services is under 14 years of age, and has falsified the data required for the provision of the service, NOOTRIC S.L. may deny the user access to the services offered. In any case, parents and/or legal guardians of minors under 14 years of age must ensure compliance with this provision, being responsible for the actions of the same. For the provision of services to minors under 14 years of age, the authorization of their legal guardian(s) shall be required, which must be accredited by means of complementary documentation.
Every registered User shall have a personal and non-transferable access password. The User may modify or recover such password at any time, following the procedure provided on the website or the APP. This password will remain in the PROVIDER's systems in encrypted form to ensure its conservation and prevent unauthorized access by third parties. The User undertakes to immediately notify the PROVIDER of any fact that allows the improper use and/or access to the account. As long as the User does not communicate these facts to the PROVIDER, the PROVIDER shall be exempt from any liability that may arise from an improper use of the same by unauthorized third parties.
Discharge
The PROVIDER allows the User to unsubscribe at any time by accessing the section of his/her account enabled for this purpose, available on the website or the APP.
In any case, once the deregistration has taken place, the User may request a new registration, except in cases where the User does not accept the terms of Use and/or in case of conflict between the User and the PROVIDER that is pending resolution or has ended with recognition of fault and/or negligence for the User.
Applicable conditions about links
All contents on the website or the APP are property of the PROVIDER, although, in case of links or hyperlinks ("links") to other websites managed by third parties, external to the PROVIDER, the PROVIDER cannot guarantee the content or information contained in third party websites accessible through these links, nor the correctness of their content. Consequently, the PROVIDER is exempted from any liability for damages of any kind that may arise from the use thereof. However, if the User has effective knowledge that the activities developed through these websites are illegal, he/she must inform the PROVIDER who will proceed to disable the link.
Links on other websites, with destination to the PROVIDER's website or APP.
The information available on the website or APP, and which is not subject to prior registration, is accessible to users, although its commercial exploitation or exploitation for advertising purposes is strictly prohibited. It is also not permitted to reproduce, distribute, transmit, adapt or modify, with any tool or any means, neither the contents of this website nor its design.
THE PROVIDER is not responsible for the veracity of the registration data provided by the User. The User undertakes and is solely responsible for the adequacy, truthfulness and accuracy of the information provided to the PROVIDER
Portal Conditions of Use
It shall be the sole responsibility of the User to access or use the Portal for illegal or unauthorized purposes, and among others it is forbidden for the User to carry out the following activities:
- Use the website or the APP for the installation or publication of viruses or harmful programs or files.
- Use the website or APP in a manner that may cause damage, interference or malfunctions in the SUPPLIER's computer systems.
- Breaking the security and/or authentication measures of the website or APP and/or any network connected thereto.
- Registering under a false identity, impersonating a third party and/or performing any activity that may mislead other users as to the originating identity of a message.
- Using the website or the APP to collect personal data of other users.
- Prevent the proper development of an event, contest, promotion or any other activity that the PROVIDER decides to carry out through the website or the APP.
- Saturate the infrastructure of the website or APP or the PROVIDER's systems or networks, as well as the systems and networks connected thereto.
- Use the website or the APP in a way that may violate good faith, the Law, morality or public order.
Any of the actions carried out by the User in this sense shall entitle the PROVIDER to exercise the appropriate legal actions to defend its rights and to delete and/or block the User's account, without the User being able to claim any compensation for this.
Responsibilities and guarantees of the website or the APP
The PROVIDER declares that it has adopted all necessary measures that the state of the art and its possibilities allow it, to ensure the proper functioning of the website or the APP, and reduce system errors and ensure maximum security to Users, but cannot guarantee the damages caused to the User by any person who violates the conditions that the PROVIDER establishes in its Portal and/or the technical security measures.
The PROVIDER does not guarantee to the Users the usefulness or performance of contents of its website or the APP.
The PROVIDER also does not guarantee, if applicable, the legality, reliability, truthfulness and usefulness of the contents provided by third parties to its Portal, guaranteeing it only with respect to the contents published on its website or the APP.
Intellectual and Industrial Property Rights
The PROVIDER is the owner and/or has the corresponding licenses on the intellectual and industrial property exploitation rights on the design and programming of the website or the APP, as well as on the contents offered therein. In no case shall access and/or browsing entitle the User to use such rights other than those strictly necessary to enjoy the provision of the service in accordance with the Terms of Use.
The contents of the website or the APP, as well as the copyright and intellectual property rights of the same belong to the PROVIDER or its content providers. You as User may access the website and print a copy of the contents you access during your visit, but any other use of the website or the APP and its contents, which may violate the industrial and/or intellectual property rights, and/or which may damage or deteriorate the normal operation of the same, the property or rights of the PROVIDER, or its suppliers, or the rest of the USERS or, in general, of any third party, is prohibited.
References to trademarks, trade names or other distinctive signs, carry the implicit prohibition on their use without the express written consent of the PROVIDER and/or their legitimate owners.
All intellectual and industrial property rights and on the contents and/or services of the website or the APP are reserved, and in particular, it is forbidden to modify, reproduce, publicly communicate, copy, transform or distribute by any means and under any form, all or part of the contents of the Portal for public or commercial purposes, if not expressly authorized by the PROVIDER.
If the User becomes aware of the existence of any illicit, illegal or contrary to law content or could involve infringement of Intellectual and/or industrial property rights, he/she shall notify the PROVIDER at the following e-mail address support@nootric.com
2.- GENERAL CONTRACTING CONDITIONS
These General Conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/1996 on the Regulation of Retail Trade in what may be applicable to services and Law 6/2020 regulating certain aspects of electronic trust services.
The PROVIDER, informs that the formalities to carry out the subscription of the Services offered, are those described in these general conditions, as well as those other specific ones that are indicated on screen on the website during navigation, so that the User declares to know and accept such formalities as necessary to access the products and services offered on the website or the APP.
All information provided during the contracting process will be stored by THE PROVIDER, so that the User may also store it. Any modification and/or correction of the data provided by the Users during the navigation, must be made according to the indications included on the website or the APP.
2.1.- PURPOSE
This contractual document contains the General Conditions whose purpose is to regulate both the provision of information and the commercial relations arising between the PROVIDER and the third party Users of the website or the APP (Clients) who contract the Services offered through the same, it not being possible to contract any Service without prior acceptance of these General Conditions.
These General Conditions will remain published on the website available to CUSTOMERS for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER, by publishing such modifications on the website or the APP nootric.es so that they can be known by Customers, always before visiting the Portal or acquiring any of the Services offered. It is the responsibility of the Customers to read them periodically, as those that are in force at the time of placing orders will be applicable. In any case, if the modifications negatively affect access or digital content or its use by the CUSTOMER, the latter will be informed in a clear and understandable manner, and will have the right to terminate the subscription in accordance with the provisions of Article 126.bis of Royal Legislative Decree 1/2007.
All subscriptions of Services through the web or the APP, prior identification and authentication, through the User name and password provided, shall be considered validly made by the CUSTOMER and shall be binding.
The subscription to the Services through the web or the APP implies the acceptance as CLIENT, without reservations of any kind, of each and every one of these General Conditions, as well as, if applicable, of the Particular Conditions, which may exist in relation to the contracting of certain Services. The CLIENT shall be exclusively responsible for the custody and proper use of the passwords.
The placing of orders by a minor who falsifies the information in the registration, shall be understood to be made under the supervision and authorization of their parents or legal representatives.
The acceptance of this document implies that the CLIENT:
- Has read, understands and understands what is set forth herein.
- The language in which the contract has been drafted and will be concluded is in the Spanish language.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions shall have an indefinite period of validity, and shall remain in force for as long as they are accessible through the website or the APP, and shall be applicable to all contracts made through the website, without prejudice to any Special Conditions that may govern the subscription of Services.
Identity of the contracting parties
The first party, the provider of goods or services contracted by the USER, is NOOTRIC S.L., whose registered office is at C/Mossen J. Verdaguer 6-8 S 3a, 08940 Cornellá de Llobregat - Barcelona, Spanish Tax Number B66690280, listed in the Trade Register of Barcelona, Volume 45190, Book 52, Sheet no. B-479758. To contact Nootric S.L., the following email address can also be used: support@nootric.com.
And on the other hand, the CLIENT, registered in the Multiplatform, by means of a "Client Identifier" and "password" generated in the registration form in accordance with the rules of complexity established at any given time, as identifying and enabling elements for access to the different services offered by the Multiplatform, as described in the section of these General Conditions "Subscription of Services".
2.3.- ACCESS TO THE PORTAL AND ELECTRONIC CONTRACTING PROCESS
In order to start the contracting process of the Services exposed in the Multiplatform, users must register as CUSTOMERS, following the steps established in the Multiplatform.
Either party may terminate or suspend the present contractual relationship unilaterally at any time and without any cause other than its will in such sense, in accordance with the provisions of these General Conditions. The CLIENT may unilaterally exercise the right to cancel the subscription.
Likewise, THE PROVIDER reserves the right to cancel or, if applicable, temporarily suspend access to the Multiplatform, of those users who maintain debit balances or unpaid balances with THE PROVIDER or who have not accepted the updates of the General Conditions or the new prices of the Service.
2.3.1.- Services offered in the Portal
All Services shall be offered through the Multiplatform nootric.es and the PROVIDER shall indicate the characteristics of the Service, availability of the Service, full price, discounts, as well as the possibility of offering other related or accessory services, which shall be invoiced separately in any case.
2.3.2.- Subscription to the Services
Any Service in our catalog can be added to the basket. In the basket, the Services to be subscribed, the price and the total amount will be detailed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment details.
The baskets do not have any administrative linkage, and it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order following the next steps for its correct formalization:
In order to access the services offered by the PROVIDER, the USER shall freely and voluntarily supply the personal data required of him/her (name and email address), which shall be handled in accordance with personal data protection legislation, under Regulation (EU) 2016/679, of 27 April 2016 (GDPR) and Organic Law (ES) 3/2018, of 5 December (LOPDGDD), relating to the protection of natural persons with regard to the handling of personal data and the free circulation of such data, as detailed in the Legal Notice and Privacy Policy on this website.
Nutritional plans will be charged by subscription, on a weekly, monthly, two-monthly, three-monthly basis etc., depending on the billing period chosen or available at that moment, via the payment method chosen at the time of contracting the service.
In the case of subscriptions contracted with a trial period, this may only be used once and may not be used in accumulation with any other promotions or offers. The PROVIDER reserves the right to cancel trial periods of users who have used them more than once. Subscription payments shall begin upon termination of a trial period, at the billing frequency chosen.
- Shopping Cart Validation
The User, once he/she finishes selecting the Service he/she wishes to contract, must validate his/her shopping cart, in which the selected Services will be shown. - Checking the billing information
Once the User has validated his/her shopping cart, he/she must provide the PROVIDER with the billing information, and must expressly accept, by checking the corresponding box, these General Terms and Conditions of Contract. If the acceptance box is not ticked, the Portal will not allow the User to continue with the contracting process. - Selection of the payment method
Once the User has provided the invoicing data, he/she must select the payment method he/she wishes to use. - Acceptance of the Legal Conditions:
The CLIENT must click on the accept button, in which he/she expressly accepts these General Conditions, before proceeding to pay for the Service. Likewise, he/she must accept the Privacy conditions and the Cookies Policy. - Select the box "Pay Now"
Indicates whether he/she wishes the Service to begin prior to the period of the right of withdrawal. - Confirmation of the order
The PROVIDER shall send the CUSTOMER, within a maximum period of 24 hours from the time of the effective payment of the subscription to the Service by the CUSTOMER, an e-mail containing a summary, with all the characteristics of the same, confirming the completion of the order, its status and the approximate activation date.
This e-mail shall be considered as "Proof of the subscription". All orders placed through the Multiplatform are subject to the actual availability of the Service at that time.
On certain occasions, various subscription plans may be offered, including subscriptions offered by a third party in combination with the provision of its own products and services. Some subscription plans may have different conditions and limitations, which will be set forth in the registration or in other communications that the CUSTOMER may consult. Likewise, we may offer special promotions, plans or subscriptions for certain groups or in general. If the CLIENT does not meet the requirements to access these offers, THE PROVIDER reserves the right to charge the rate generated for that Service.
At any time the CLIENT may consult the details of his subscription on the website or the APP in the section "I already have an account", to which he may access with his password.
2.4.- PRICE AND PAYMENT METHOD
2.4.1.- Pricing and billing
The prices of services and packs are set out in the "Prices" section of this website. The retail price of services includes VAT and all other taxes. Prices are displayed in the currency indicated at that moment, and are valid except in the case of misprints. Should the price shown for the service be a manifest error, the price that prevails shall be that established for the same service in the email which we will send when we detect the error.
Before completing your purchase, all the details of your order may be checked online: services, quantities, price, availability, costs, charges, discounts, taxes and the total amount of your purchase.
If you access Nootric's services through a partner or distributor, the prices of services and packs will be set by that distributor.
For any information about the order, the USER may contact the following email address: support@nootric.com.
The billing periodicity (monthly, quarterly, semi-annual or annual, as the case may be) is disclosed in the terms and conditions of the Services.
If at any time during the subscription, the CUSTOMER wishes to contract additional services, the price and other conditions applicable to such services shall be clearly and previously stated.
Before registering for the subscription, the CLIENT will be able to check online all the details of the referred subscription or order: characteristics and content of the subscription, price, availability, other expenses if any, approximate activation date, discounts, taxes and the total purchase price.
2.4.2.- Method of payment
Once selected the Services in the cart the CLIENT agrees to initiate the registration process in the Service and payment of the price. The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:
If you access the PROVIDER's service through a partner or reseller, you should consult the terms and conditions and privacy policy on the partner's or reseller's website. When, for any reason, it is not possible to charge the price, the sale process will be automatically cancelled and the subscription to the Service will not take effect. The PROVIDER will automatically inform the CUSTOMER of this situation by sending an email to the CUSTOMER.
If a non-payment occurs (for reasons such as expiration of the payment method, lack of funds or any other cause) and the CLIENT does not cancel the account, the PROVIDER reserves the right to suspend access to the Service until collection or cancel the subscription. The issuer of some payment methods may charge certain fees for items such as a foreign currency transaction or other charges related to the processing of the payment method, being outside of the PROVIDER's control.
2.4.3.- Security Measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the CLIENT accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER agrees not to allow any transaction that is or may be considered illegal by the credit card brands or acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
2.5.- ACTIVATION OF SUBSCRIPTION
Once the activation of the Service by the CUSTOMER has been confirmed, the PROVIDER will send a confirmation email and the service will be available through the Nootric APP, using the user account with the same email address used in the subscription.
The Service is directed to the territorial scope of Spain.
2.6.- RIGHT OF WITHDRAWAL
According to Law 3/2014 of 27 March, which amends the revised text of the General Law for the defense of Consumers and Customers and other complementary laws approved by Royal Legislative Decree 1/2007 of 16 November, the CLIENT has 14 calendar days from the formalization of the contract in the case of service provisions.
The USER has a period of fourteen calendar days, starting from the date on which the service is contracted, to withdraw and receive reimbursement (Article 71, Law 3/2014 of 27 March).
Taking into account the digital format in which the purchased products are supplied, in accordance with the exception contained in letter M) of Article 103 of the General Law on Consumer and User Protection (Spanish Royal Legislative Decree 1/2007, of 16 November), the right of withdrawal shall be waived when the purchaser of a nutritional service has accessed the premium content via the application.
If the purchaser has not accessed the premium content on the application, despite having paid for such a service, the purchaser may withdraw from the contract within a period of fourteen calendar days after contracting the service, without needing to give any reason.
The right of withdrawal will not be applicable to personalized services, or those to which, for reasons of hygiene or other exceptions set out in law, this right does not apply.
To claim the right of withdrawal, the USER shall contact support@nootric.com explaining the details of the service. The PROVIDER will reimburse payments made by the same means of payment used by the USER in the initial transaction.
2.7.- CANCELLATION
The PROVIDER’S services are renewed periodically. You will be informed of the period during the contracting process. The subscription may be canceled at any time, and the fees for the following periods will not be charged. Cancellations are not guaranteed to come into effect within 3 days, for reasons beyond the control of the platform, and depending on the payment method used. This may lead to additional fees being charged.
The USER may cancel the subscription whenever he/she wishes, automatically, via the application, using the corresponding link in the My Subscription section. The subscription will remain active until the end of the billing period, at which point the services of the nutritionist or coach will be suspended, and access to previously contracted services removed. No refunds will be provided for renewals made due to the user not canceling the service by the aforementioned means.
The PROVIDER’S meal plans work for the majority of people, but the quality of the service depends not only on the PROVIDER, but also on the motivation and commitment level of the client when using the plan. Therefore, the PROVIDER does not provide refunds in cases when a meal plan fails to produce the desired results, or does not suit the client’s personal circumstances.
No refunds will be provided for services which are not used by the user.
2.8.- LACK OF CONFORMITY
When the Service has as its object the delivery of material supports that serve exclusively as carriers of digital content and these present a lack of conformity because they do not correspond to the characteristics offered, the CLIENT shall have the rights that are applicable to digital services, if any, as provided in Articles 114 and following of Royal Legislative Decree 1/2007.
2.9.- CUSTOMER SERVICE AND AFTER SALES
When the purpose of the Service is the delivery of material supports that serve exclusively as carriers of digital contents and these present a lack of conformity because they do not correspond to the characteristics offered, the CUSTOMER shall have the rights applicable to digital services, if any, provided for in Articles 114 and following of the Royal Legislative Decree 1/2007.
By post: C/Mossen J. Verdaguer 6-8 S 3a 08940 - Cornellá de Llobregat (Barcelona)
Email: support@nootric.com
2.10.- COMPLAINTS
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-to-access platform for online dispute resolution between the USER and the PROVIDER, without the need to go to court, through the intervention of a third-party known as a dispute resolution body, which acts as an intermediary between the two parties. This is a neutral body which will consult both parties to try to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
Likewise, if you are not satisfied with any aspect of the Service that could not be solved by THE PROVIDER, you can go if you wish to the consumer authorities.
2.11.- FORCE MAJEURE
The parties shall not be liable for any fault arising due to causes beyond their control. Compliance with the obligation shall be delayed until the end of the incident of force majeure.
2.12.- DISCLAIMER OF LIABILITIES
2.12.1.- Important Disclaimer of Liability
Our diets are intended for the purpose of wellbeing, and are in no way intended to treat health problems. Our Service is not a substitute for medical advice. Consult a doctor if you have any health problem.
If you are accessing Nootric on the recommendation of your physician, we remind you that Nootric and our nutritionists will be recommenders of dietary health guidelines, but in no case will they be prescribers or participate in any treatment of your condition, which must be done under medical supervision.
While we will of course take reasonable care when preparing any diet for you, we cannot guarantee that this will produce any particular result.
Any content we put at your disposal as part of our Service is intended to be general information, but we cannot guarantee that it will be accurate or suitable for your particular circumstances. Trusting this information is under your own responsibility.
You must ensure that any contact details or other information that you provide us is accurate and not deceptive, and it must be kept up to date. For example, you must provide all details of any allergy or medical condition that could be relevant for your diet.
It is your responsibility to follow all diets we provide you, and to provide opportune and appropriate comments.
It is your responsibility to make your own backup copy of the Data entered into the Service, to protect this material in case of loss or damage. We are not responsible for any loss or damage of data.
The PROVIDER will not be responsible for the lack of use of services on the part of the USER for reasons beyond the PROVIDER’S control.
2.13.- DISSENT AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
PROVIDER may, without prior notice, suspend, restrict or terminate CUSTOMER's access to the Services, in whole or in part, for any valid reason, including, without limitation, where CUSTOMER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the CUSTOMER.
2.14.- APPLICABLE LEGISLATION AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The PROVIDER and the CLIENT agree to submit to the courts and tribunals in Spain of the domicile of the CLIENT any dispute that may arise from the provision of the Services object of these Conditions.
Update date: 9 April 2024
