GENERAL TERMS AND CONDITIONS FOR CUSTOMERS
Company name: NutriAssistant.com Limited Liability Company (in Hungarian: NutriAssistant.com Korlátolt Felelősségű Társaság
Company abbreviated name: NutriAssistant.com Ltd. (in Hungarian: NutriAssistant.com Kft.)
Registered seat: Kallós Dezső street 10. 2nd floor door no. 1., Dunaújváros, H-2400, Hungary
Legal representative: Kristóf Ármin Szabó, managing director
Tax number: 27119383-2-07
Company registration number: 07-09-030525
Statistical lot number: 27119383-6201-113-07.
Bank account number: HU03101021034002010001005003
Email: info@nutriassistant.com
Hosting provider information
Name: Microsoft Ireland Operations Ltd,
Registered seat: One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland
The language of the Agreement is English.
Before accessing and using the services provided on the web application, under the web domain www.nutriassistant.com or/and any of its subdomains, and/or NutriAssistant.com’s mobile application, we ask you kindly to carefully read the below General Terms and Conditions for Customers (hereinafter: „Terms and Conditions”) which estipulate the terms under which you may use the NutriAssistant.com software, also defining the participation rules for the Professionals and Users, enrolled in said service in accordance with the Annex 1.
This Terms and Conditions is continuously available at the following link: https://nutriassistant.com/terms.html
1. WHO ARE WE?
NutriAssistant.com Limited Liability Company (hereinafter, “NutriAssistant.com Ltd.”), dedicates itself to the development of software in the cloud, with connection to web and mobile applications, for Professionals and any other Users. NutriAssistant is a work tool that is designed to be used by a trained nutrition Professionals. That software, NutriAssistant, enables the simplification of complex tasks, such as management and analysis of nutritional information of the Professions’ clients. We consider 46 macro and micro nutrients as well as allergies and religious preferences. With NutriAssistant the Customer can plan, analise and create professional grade weekly meal plans. Meal plans created by NutriAssistant should be reviewed by the User to ensure correctness. Meal plans or any other elements of the NutriAssistant system are not medical or health advise. It is the responsibility of the User that the use of NutriAssistant meet the local dietary, health and other regulations. The exact Service description is given in Annex 1.
2. DEFINITIONS
Unless defined otherwise, the following terms with capital letters shall have the following meaning in this Terms and Conditions:
Account: means an account enabling the User to access and use the Services of NutriAssistant;
Agreement: means this Terms and Conditions accepted by the Customer, including any amendments from time to time;
Customer: An individual with full capacity entering into the Agreement with NutriAssistant.com Ltd.;
Customer Confidential Information:
(a) any information disclosed by or on behalf of the Customer to the Company at any time before the termination of this Agreement (whether disclosed in writing, orally or otherwise) that at the time of disclosure:
(i) was marked as "confidential"; or
(ii) should have been reasonably understood by the Company to be confidential;
(b) Customer data; and
(c) The Customer's patients data;
Customer Data: means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Company for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Services by the Customer;
Distribution: shall be understood as the means by which the Software is made available by NutriAssistant to Users.
Documentation: means the documentation for the Services produced by the Company and delivered or made available by the Company to the Customer;
Effective Date: means the date of execution of this Agreement;
Force Majeure Event: means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
Intellectual Property Rights: means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
Maintenance Services: means the general maintenance of the Platform and Services, and the application of Updates and Upgrades
NutriAssistant.com Ltd. or the Company: NutriAssistant.com Limited Liability Company;
NutriAssistant or Software: shall be understood as the web and mobile applications developed by NutriAssistant.com Ltd., the distribution and use of which is subject to these Terms and Conditions;
Platform: means the platform managed by the Company and used by the Customer to provide the Services, including the application and database software for the Services, the system and server software used to provide the Services, and the computer hardware on which that application, database, system and server software is installed;
Professional or User: shall be understood as anyone who has, by any means, access to the web and/or mobile version of the Software or the equivalent web version and has a contractual relationship with NutriAssistant.com Ltd. in connection with the Services;
Service: shall be understood the Software including all features and functionalities, as specified in the Service Specification, which will be made available by the Company to the Customer as a service via web and mobile applications;
Service Fee: the amounts payable by the User to NutriAssistant.com in accordance with the Agreement;
Support Services: means support in relation to the use of, and the identification and resolution of errors in, the Services, but shall not include the provision of training services;
Supported Web Browser: means the current release from time to time of Mozilla Firefox, Google Chrome or Apple Safari;
Update: means a hotfix, patch or minor version update to any Platform software; and
Upgrade: means a major version upgrade of any Platform software.
3. PRIOR INFORMATION
A) Conditions of acceptance
The registration in NutriAssistant’s web and/or mobile applications and the Service provided by NutriAssistant.com Ltd. is dependent on the total acceptance of these conditions, whereby, any Professional and/or User who does not agree or does not commit to behave according to these terms shall not be allowed to use said Service.
Thus, for each person who is effectively a Professional or a User of the NutriAssistant Service is assumed, at the time of registration or at a later time, that they have read and fully understood the Terms and Conditions and the Privacy Policy which is inseparable from these Terms and Conditions, having expressly accepted both.
B) These stipulations are legally biding
The content of the Agreement concluded between the Company and the Customer – in addition to the provisions of the relevant binding legal regulations – is determined by these Terms and Conditions. Accordingly, these Terms and Conditions contain the rights and obligations of the Customer and the Company, the conditions of concluding the Agreement, the rules of liability, the rights of warranty and the conditions of exercising the right of withdrawal/termination. As such, from the moment the Customer agrees to these Terms and Conditions the Customer is legally bound by them and accept to subject himself/herself to the most recent versions of the Terms and Conditions and the Privacy Policy.
The Customer may withdraw his/her consent to these Terms and Conditions at any given moment being certain that, in doing so, he/she will terminate this contract and he/she will not be entitled to any indemnity or refunds of the amounts – unless the Terms and Conditions provided otherwise - already paid, neither will he/she be allowed further access to NutriAssistant. After withdrawing his/her consent all his/her personal data shall be deleted.
The NutriAssistant.com Ltd. hereby provides clear information regarding the nature of the Service and the main steps of its use, the rights and obligations of the Customer and the Company, the conditions of concluding the Agreement, the rules of liability, the rights of warranty, the conditions of exercising the right of withdrawal/termination and the potential settlement of consumer disputes.
4. REGISTRATION, THE AGREEMENT
A) Term
The NutriAssistant.com Ltd. is not responsible for any event resulting from the lack of capacity of the User. NutriAssistant.com Ltd. undertakes the task of ensuring that the Services provided are to be offered and used without failures but reserves itself the right to temporarily suspend its operations for technical reasons or causes beyond its control.
The Agreement is to be concluded by electronic means via registering to the www.nutriassistant.com website or the NutriAssistant mobile application. The NutriAssistant mobile application is available on Apple AppStore and on Google Play.
Mandatory information when signing up for the Services is e-mail address.
The Agreement enters into effect on the day when the Customer registered on the www.nutriassistant.com website by accepting this Terms and Conditions and the Privacy Policy and the Customer received the confirmation about the subscription. The Customer automatically receives an e-mail confirming the registration. The registration and its confirmation shall be deemed to have been received by the Company and the User when the Platform becomes available to the User. If this confirmation is not received by the Customer within the expected time, but no later than within 48 hours of sending the registration, the Customer shall be exempted from the contractual obligation.
This Agreement shall continue in force until the Customer emails NutriAssistant (info@nutriassistant.com) asking for his/her account to be deleted. The Customer may unsubscribe from paid service at any time and still retain his/her Access in which case this Agreement remains in full force – please see Clause 7 for more details.
The Agreement shall be considered as a written agreement concluded by electronic means in accordance with Section 6:82 of Act V of 2013 on the Civil Code (the „Civil Code”), for which the provisions of Section 5 and 6 of Act CVIII of 2001 on certain issues of electronic commerce activities and information society services shall be applied. NutriAssistant.com Ltd. keeps a record of the Agreement and makes it available through the user Account of the Customer. The Agreement shall be subject to the Government Decree No. 45/2014. (II.26.) on the detailed rules of contracts concluded between consumers and business operations.
The Agreement and the Platform are in English language, but NutriAssistant.com Ltd. may publish other language versions of the Agreement or the Platform. If there is any inconsistency or conflict between the translation and the English version, the English version shall prevail.
During the registration process, the Customer may amend his/her registration data in the „Account” menu at any time.
If, notwithstanding the above, the Customer finds a mistake in his/her registration data, he/she may request the correction of his/her data in the application or by sending an email to info@nutriassistant.com.
The records are personal and non-transferable, being the holder thereof solely responsible for the actions taken with their registration.
To each Professional or User may only match a single record, therefore NutriAssistant.com Ltd. may cancel any subsequent registration made by the same individual.
B) Two-week free trial
The Agreement may start with a ‘forever free trial’. Free trial eligibility is determined by NutriAssistant.com Ltd. at its sole discretion and the Company may limit eligibility or duration to prevent free trial abuse. The Company reserves the right to revoke the free trial and put the Customer’s account on hold in the event that the Company determines that the Customer is not eligible. The Company may use information such as device ID, method of payment or an account email address used with an existing or recent User to determine eligibility.
The Company will charge the Service Fee for the next billing cycle to the Customer’s payment method unless the Customer cancel his/her registration according to Clause 7 prior to the end of billing cycle. To view the Service Fee and end date of the Customer’s free trial period, please visit www.nutriassistant.com website or visit the account "Account" page after logging in.
C) Services
The Company shall ensure that the Platform will, on the Effective Date, automatically generate an Account for the Customer and provide to the Customer login details for that Account.
The Company hereby grants to the Customer a worldwide, non-exclusive license to use the Services by means of a Supported Web Browser for the internal business or personal purposes of the Customer in accordance with the Documentation during the Term.
The license granted by the Company to the Customer may only be used by the named User.
Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the license granted by the Company to the Customer is subject to the following prohibitions:
(i) the Customer must not sub-license its right to access and use the Services;
(ii) the Customer must not permit any unauthorized person to access or use the Services;
(iii) the Customer must not make any alteration to the Platform, except as permitted by the Documentation.
The Customer shall use reasonable endeavors, including reasonable security measures relating to Account access details, to ensure that no unauthorized person may gain access to the Services using an Account.
The Company may suspend the provision of the Services if any amount due to be paid by the Customer to the Company under this Agreement is overdue, and the Company has given to the Customer at least 8 days written notice, following the amount becoming overdue, of its intention to suspend the Services on this basis.
Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Company to the Customer, or from the Customer to the Company.
D) Payment of the Service Fee
The Customer shall pay the Service Fee to the Company in accordance with the Agreement. The Service fee is in USD (United States Dollar). The Company shall issue for the gross Service Fee to the Customer on the specific billing date indicated on the User’s Account.
The Customer must pay the Service Fee by debit card, credit card, (using such payment details as are notified by the Company to the Customer from time to time) („Payment Methods”).
The Service Fee for the Services specified on www.nutriassistant.com will be charged to the Customer’s Payment Method on the specific billing date indicated on the User’s Account.
The Company may provide discounted prices during certain promotional periods. Customers subscribing to a paid plan will have their Service Fee guaranteed for the certain period specified in the promotion. Typical price guarantee periods are 6, 12 and 24 months but may differ time to time. After the price guarantee period is over the Customer will be charged the full amount for the subscribed plan.
The Service Fee covers the amount of the Service for 1 calendar month days, including all costs of the Service. The Customer’s credit card will automatically be charged after entering all necessary information at the website of the payment service provider (Stripe). The same card will automatically be charged every months with the Service Fee. This recurring automatic charge will continue until the Customer cancels the Service (under the Account section). The Customer is not required to pay any cost or fee in addition to the Service Fee.
In some cases, the Customer’s payment date may change, for example if the Customer’s Payment Method has not successfully settled. Visit the Company’s website and click on the „Account” link on the Account page to see the next payment date.
Payment Methods: To use the Service the Customer must provide one or more Payment Methods. The Customer authorizes the Company to charge any Payment Method associated to the Customer’s Account in case the Customers’ primary Payment Method is declined or no longer available to the Company for payment of Service Fee. The Customer remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and the Customer does not cancel his/her Account, the Company may suspend his/her access to the Service if any amount due to be paid by the Customer to the Company under this Agreement is overdue and the Company has given to the Customer at least 8 days’ written notice, following the amount becoming overdue, until the Company has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge the Customer certain fees, such as (foreign) transaction fees or other fees relating to the processing of the Customer’s Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating Payment Methods: The Customer may update his/her Payment Methods by going to the Account page. The Company may also update the Customer’s Payment Methods using information provided by the payment service providers. Following any update, the Customer authorizes the Company to continue to charge the applicable Payment Method(s).
Changes to the Service Fee: The Company may change the Service Fee from time to time; however, any price changes will apply no earlier than 30 days following notice to Customer.
E) Maintenance Services
The Company shall provide the Maintenance Services to the Customer during the Term.
The Company shall where practicable give to the Customer at least 3 Business Days prior written notice of scheduled Maintenance Services that are likely to affect the availability of the Services or are likely to have a material negative impact upon the Services, without prejudice to the Company's other notice obligations under this main body of this Agreement.
The Company shall give to the Customer at least 3 Business Days' prior written notice of the application of an Upgrade to the Platform.
The Company shall give to the Customer written notice of the application of any security Update to the Platform and at least 3 Business Days' prior written notice of the application of any non-security Update to the Platform.
The Company shall provide the Maintenance Services with reasonable skill and care.
The Company may suspend the provision of the Maintenance Services if any amount due to be paid by the Customer to the Company under this Agreement is overdue, and the Company has given to the Customer at least 8 days' written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
F) Support Services
The Company shall provide the Support Services with reasonable skill and care.
The Company shall respond promptly to all requests for Support Services made by the Customer through the support@nutriassistant.com email address.
The Company may suspend the provision of the Support Services if any amount due to be paid by the Customer to the Company under this Agreement is overdue, and the Company has given to the Customer at least 8 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
5. PARTIAL INVALIDITY, AMENDMENT
If any court or relevant authority decides that any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect, unless they cannot be performed in the lack of the relevant clause that is invalid.
NutriAssistant.com Ltd. reserves itself the right to amend, at any time and without any prior notice - with the limitation set forth above -, the Terms and Conditions (partially or totally) being that each new version of the Terms and Conditions shall enter into force after being published on the www.nutriassistant.com website and the mobile application. Previous versions of the Terms and Conditions will be available via the website. By accepting these Terms and Conditions Users commit to visit and study these Terms on a regular basis. Lastly, NutriAssistant.com Ltd. reserves itself the right to interrupt or even terminate Services at any time if it deems necessary.
6. COOPERATION, INFORMATION AND LIABILITY
The Company will send the Customer information relating to the Customer’s account (e.g. payment authorizations, invoices, changes in password or Payment Methond, confirmations messages, notices) in electronic form only, for example via e-mails to the Customer’s email address provided during registration.
The data provided by the Customer during the registration must be true and accurate. In the case of any change in the data provided by the Customer, the Customer must update the relevant data under the „Account” menu. For the seamless use of the Service, the Customer must make sure that the relevant data remain to be true and accurate during the whole term of the Agreement. The Customer is liable for any damages resulting from the omission of his/her above obligations.
The Customer must not misrepresent himself and must not provide the data of another individual. The Company is not responsible for any claims resulting from misrepresentation of identity and any damages resulting from such registrations shall be borne by the Customer.
The Customer may use the Service solely for his/her own purposes and cannot provide access to a third party by any means. If the Customer does not comply with this obligation, it is considered as a breach of contract, and damages resulting from such breach shall be borne by the Customer.
The Customer may use the Service to the extent that he/she has provided his/her relevant data via the Platform.
The Company is not in the position to validate the data provided in the course of the registration and during the use of the Service. Accordingly, Company will not validate the data provided. It is the responsibility of the Customer to provide data that is true and accurate.
The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, the Company gives no warranty or representation that the Services will be wholly free from defects, errors and bugs.
The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, the Company gives no warranty or representation that the Services will be entirely secure.
The Customer must refrain from using any unauthorized means to gain unauthorized access to the website, servers or networks of the Company or any other systems or networks that connect to the mobile application or the website. The Customer must also refrain from using the Services by unlawful means and the infringement of the Intellectual Property Rights of the Company by any means.
The Customer acknowledges that, for the installation and activation of the Account, and for its use, the Customer must use electronic devices (smartphone, laptop etc.) with a suitable operational system. The Customer must make sure that these devices are available.
The Company is not responsible for any defects emerging during the use of the Service resulting from the lack of proper devices or proper use of such devices.
For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:
(i) a Force Majeure Event;
(ii) a fault or failure of the internet or any public telecommunications network;
(iii) a fault or failure of the Customer's computer systems or networks;
(iv) any breach by the Customer of this Agreement; or
(v) scheduled maintenance carried out in accordance with this Agreement.
In accordance with the above, the Company may terminate the Agreement, if the Customer breaches the present Terms and Conditions. In particular, the Company may terminate the Agreement if the Customer makes available the Platform or provides access to it for a third party, does not use the Platform in accordance with its purpose, violates any laws or regulations, uses any Intellectual Property Right relating to the Company in an unlawful manner. The Customer must use the Platform solely for his/her own internal business or personal purposes and during the term of the subscription. Any other use, copying, altering or duplication is considered as a material breach and will result in the termination of the Agreement immediately, without notice.
If used in a proper way, the Service can help the Customer to create meal plans regarding the client’s requirements. However, the meal plans created by NutriAssistant should be reviewed by the User to ensure correctness. The The Company is not responsible for any inaccuracy of data resulting from the imprecision of devices or untrue data. The Customer is hereby expressly informed that the meal plans or any other elements of the NutriAssistant Service are not medical or health advice. Due to the nature of the Service, the Company is not responsible that the NutriAssistant meet the local dietary, health and other regulations, it is the Customer’s sole responsibility.
7. TERMINATION
By accepting this Terms and Conditions the Customer expressly consents that the Company may start providing the Service upon the entry into effect of the Agreement.
In accordance with section 20 (1) and point b) of section 20 (2) of the Government Decree no. 45/2014 (II. 26.) (the „Decree”), the Customer is entitled to the right of withdrawal or cancellation within 14 (fourteen) days from the date of conclusion of the Agreement with cancellation of his/her subscription. In this case the Customer shall not be obliged to pay the Service Fee or any other fee for that period.
Moreover, the Customer may cancel the subscription after the free trial period at any time without reason, and the Customer will continue to have access to the Service through the end of his/her billing period. Payments are non-refundable and we do not provide refunds or credits for any partial - month periods. To cancel, go to the "Account" page and follow the instructions for cancellation. If any help needed contact with info@nutriassistant.com. If the Customer cancel his/her subscription, the Customer’s Account will automatically be downgraded to ‘Forever free’ at the end of his/her current billing period. To see when the Customer’s Account will close, check the "Account" page.
The Company may immediately terminate the Agreement without notice, if:
The Customer does not use the Service in accordance with its purpose, in particular in the case where the Customer does not register to the Service with his/her own data, the Customer does not use the Service (solely) for his/her own personal purpose or the Customer attempts to gain unauthorized access to the website, servers or networks of NutriAssistant or any other systems or networks that connect to the Company website.
The Customer uses any Intellectual Property Right relating to NutriAssistant in an unlawful manner.
The Customer is entitled to terminate the Agreement immediately, without notice, if:
For reasons imputable to Company, the Customer’s personal data is used unlawfully by any means.
For reasons imputable to Company, the Customer cannot use the Service for a period of more than 3 months.
8. WARRANTY
In what cases can the Customer exercise the right of warranty?
In the event of the Service provided by NutriAssistant is not available for more than 60 minutes a day due to any fault of the Service’s Software.
What rights does the Customer have based on his/her right of warranty?
The Customer may request a refund of the monthly subscription Service Fee for the impacted month(s) within 8 days from the date when the Customer becomes aware of the fault. The Customer is entitled to a refund only where the Customer has paid the Service Fee to Company directly.
What is the deadline for the Customer to enforce his/her warranty claim?
The Customer should inform NutriAssistant by email without undue delay, but no later than 8 days after the Service outage.
Against whom can the Customer enforce his/her warranty claim?
The Customer can enforce his/her warranty claim against the Company.
Any notices or other communications under or in connection with the Agreement shall be sent by electronic means, in the form of an email.
The Company’s contact details for notices: info@nutriassistant.com.
9. DELIVERY
Any notice or document under or in connection with the Agreement shall be considered as delivered in the case of electronic communications (by way of e-mail) after 24 hours from the time when the email was sent, if the sending party does not receive a „delivery failed” e-mail.
10. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with Hungarian law.
The Customer will provide his/her data to Company when registering his/her Account. By registering the Customer Account and accepting the Terms and Conditions and the Privacy Policy, the Customer consents to the processing of his/her data in accordance with the Privacy Policy. The Company will process personal data in accordance with Act CXII of 2011 and the general data protection regulation no. 2016/679 (GDPR), as well as act XLVII of 1997 on health data. The purpose of the processing of personal data is, in particular, to maintain and improve the health of the Customer, as well as to track his/her health conditions during the subscription term. The Company informs the Customer about the processing of his/her data prior to the conclusion of the Agreement, when he/she submits his/her personal data.
The Customer may submit any questions or complaints relating to the Agreement or the Service by sending an e-mail to Company at info@nutriassistant.com.
The Company will assess the complaint of the Customer and will inform the Customer about its position and the measures implemented (with reasoning) in writing within 30 days from the date when the complaint is received.
If the complaint is rejected, the Company must notify the Customer in writing at which authority or Conciliation Board may, by its nature initiate proceedings with his/her complaint. The information shall also include the registered office, telephone and internet contact details and mailing address of the competent authority or of the Conciliation Board of the consumer's habitual or temporary residence. The information shall also include whether the Company has recourse to a conciliation panel procedure to resolve a consumer dispute.
If any consumer dispute between the Company and the Consumer is not resolved during the negotiations, the following enforcement options are open to the Customer:
Complaints to Consumer Protection Authorities:
If the Customer believes that his/her consumer rights have been violated, then he/she may file a complaint with the competent consumer protection authority. The authority will decide whether to initiate proceedings upon the assessment of the complaint. The competence of the consumer protection authority depends on the place of habitual residence of the Customer. The list of authorities is available here: http://jarasinfo.gov.hu/.
Judicial proceedings:
The courts of Hungary shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
If Company rejects the complaint of the Customer, then the Customer may submit his/her complaint to the competent Arbitration Court at the place of his/her habitual or temporary residence. Prior to the proceeding of the Arbitration Court, the Customer must attempt to solve the dispute with Company directly. If the Customer specifies an arbitration court other than the competent arbitration court, then –upon the request of the Customer – that arbitration court will have the competence to proceed.
The Customer is also entitled to file a claim arising from a consumer dispute in court in the framework of civil proceedings in accordance with the provisions of the Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
The Company would like to inform the Customer that he/she can file a consumer complaint against the Company. If the consumer complaint is rejected, the Customer is also entitled to apply to the Conciliation Board competent for the Customer’s habitual or temporary residence. Prior to the proceeding of the Conciliation Board, the Customer must attempt to solve the dispute with Company directly. If the Customer specifies an Conciliation Board other than the competent Conciliation Board, then –upon the request of the Customer – that Conciliation Board will have the competence to proceed.
More information about the Conciliation Boards is available here: http://www.bekeltetes.hu
More information on the territorially competent Conciliation Boards is available here:
https://bekeltetes.hu/index.php?id=testuletek
Conciliation Board at the registered office of the Company:
Fejér Megyei Conciliation Board (in Hungarian: Fejér Megyei Békéltető Testület)
Address: Hosszúsétatér 4-6., Székesfehérvár, H-8000, Hungary
Tel.: +36-22-510-310
Fax: +36-22-510-312
E-mail: fmkik@fmkik.hu
The Customer acknowledges that Company is entitled to engage a third party for the performance of the Agreement in accordance with Section 6:129 of the Civil Code. The Company will procure that the processing of personal data will be carried out in accordance with applicable law and the information provided to the Customer.
There is no code of practice available at Company as defined under the act on the prohibition of unfair commercial practices.
Last Updated: 12th March 2022
ANNEX 1
Manual Guide
I. About NutriAssistant Service
(1) NutriAssistant can generate meal plans and recipes automatically, based on parameters submitted by the User. However, NutriAssistant cannot provide medical or health advice, dietary recommendations, or produce diagnosis for any patients. It is the responsibility of the User that the use of NutriAssistant meet the local dietary, health and other regulations. We consider 46 macro and micro nutrients as well as allergies and religious preferences. With NutriAssistant the Customer can plan, analise and create professional grade weekly meal plans. Meal plans created by NutriAssistant should be reviewed by the User to ensure correctness.
(2) If the User generates any kind of nutrition-related document in NutriAssistant, including meal plans, recipes, reports, and food analysis, NutriAssistant will not take any responsibility and will not be liable for any consequences of implementing the suggestions in the given document(s) by any patient, client, or the User.
(3) The User takes full responsibility in advising his or her clients/patients. NutriAssistant is not liable for any adverse effects, issues, or complications any patient or client may experience after implementing a meal plan or recipe created by using NutriAssistant in their lifestyle.
(4) NutriAssistant will endeavor to keep all nutritional facts, including nutrient data, recipe and diet information as accurate and up-to-date as possible. However, NutriAssistant will not be liable for any reasonable errors or inaccuracies in the nutritional data provided.
(5) NutriAssistant will not be responsible for generating any meal plans or recipes that contain allergens the User wishes to avoid. It is the responsibility of the User to double-check and to ensure any meal plans or recipes generated are free of allergens if these documents are to be provided to any client or patient that may suffer from food sensitivities or allergies.
(6) Recipes and Menus that are created or amended by the User are owned by the Company. The Company has the right to freely use the newly created or amended Recipes and Menus for any purpose without restriction – including but not limited to selling, sharing, changing them.
In order to use our service, Customer shall enter into a required Agreement, which shall be for an indefinite period in accordance with the Terms and Conditions. The conclusion of the Agreement is subject to the acceptance of the Terms and Conditions and the Privacy Policy after thorough reading.
II. How to use the NutriAssistant Service
1. If the prospective Customer as an individual wishes to use the NutriAssistant Service, shall complete the pre-registration on www.nutriassistant.com. Mandatory information when signing up for the Services is e-mail address.
2. Upon completion of the pre-registration, Customer opens, reads and then accepts the NutriAssistant.com Ltd Terms and Conditions and Privacy Policy.
3. After verifying the information provided, the Company will send an email confirmation to Customer regarding the successful registration, and describing the next steps in accessing the Service.
4. Then Customer downloads the Platform as described in the email above.
5. When opening the Platform, Customer enters the individual e-mail address on the login interface, to which the Company will send an e-mail to activate the user Account, and by clicking on the link provided in the e-mail, Customer may create a password.
6. If the password is successfully entered, Customer will reopen the Platform, providing full access to the NutriAssistant Service by entering his/her login information.
7. The Customer will then be able to use the Account where additional personal and health information can be entered.
NutriAssistant.com Ltd.