This user agreement (“Agreement”) is an agreement between you and NYM Wellness Products And Services Private Limited ("NYM" or "we" or "us" as the context requires) governing your use of NYM's products, software and/or services with the characteristics and features as described on www.nym.com (“Website”) and the NYM mobile App (“App”) and your use of the Eat Better marketplace made available on the Website and App (“Marketplace”) (referred to collectively as the "Services"). NYM may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of NYM. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
By accessing the Website, the App or the Marketplace, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ App/Marketplace and applies to all visitors, users and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/ App/Marketplace. NYM will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ App/Marketplace. All changes are effective as soon as we post them and by continuing to use the Website/App/Marketplace and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/App/Marketplace is subject to the most current version of the terms of use posted on the Website/App/Marketplace at the time of such use.
NYM has created this Website/App/Marketplace to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to healthy and nutritious food products. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
The Marketplace is an e-commerce marketplace made available on the Website and App, wherein Users are provided access to a variety of health and nutrition based products (“Products”). These Products are listed for sale by multiple vendors on the Marketplace. The Users may place orders and purchase the Products on the Marketplace using the payment gateway provided therein. The use of the Marketplace and the purchase of the Products shall be governed by the terms hereof.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/ App/Marketplace by notifying the same on our Website/App/Marketplace from time to time without prior notice to you. We will not be liable, if for any reason our Website/App/Marketplace or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App/Marketplace, or our entire Website/App/Marketplace, to Users who have registered with us.
NYM grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without NYM’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
In order to access the Services, you will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.
By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website/App. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.
Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify NYM of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: help@nym.com.
You are responsible for making all arrangements necessary for you to have access to our Website/App/Mar and thereby the Services. You are also responsible for ensuring that any persons who access our Website/App/Marketplace and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to NYM for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
NYM reserves the right to refuse access to use the Services offered at the Website/ App/Marketplace to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by NYM from using the Website/App/Marketplace or Services for any reason whatsoever.
Once you complete registration on the Website/App, you will be a member which:
i. allows you to access and post content on the Website/ App/Marketplace;
ii. allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new services that we enable on the Website/App;
iii. allows you to access and purchase Products on the Marketplace, subject to the terms and conditions set out herein;
iv. allows you to make use of the Services on the Website/ App subject to these terms and conditions;
v. does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.
By providing NYM your email address/ phone number you consent to:
i. our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.
ii. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
iii. Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you on the Marketplace; and
iv. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: info@nym.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
v, Grant such permission to contact you through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.
Subject to these terms and conditions of use, NYM grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
For information about NYM's data protection practices, please read NYM's privacy policy set out below. This policy explains how NYM treats your personal information, and protects your privacy, when you use the Services.
You may access and use the Marketplace to purchase Products listed thereon by third party vendors from time to time.NYM’s responsibility in terms of the Marketplace shall extend solely and exclusively to:
The provision of the platform for the Marketplace on the Website/App;Collection of payments from Users using the third party payment gateway on the Marketplace. In the event of any disputed payments made, NYM shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of NYM’s obligations in this regard;
It is hereby clarified that the Products listed on the Marketplace are listed by third party vendors. The Products do not belong to NYM in any manner whatsoever. Thus NYM makes no warranty for, and shall not be responsible in any manner whatsoever for the quality, quantity or authenticity of the Products. There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Marketplace, save as set out herein.
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/ App/Marketplace, or to make contact with other users of our Website/ App or vendors on the Marketplace, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
Your contribution must not:
i. belong to another person and contain any information that you do not have any right to;
ii. Be defamatory of any person;
iii. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
iv. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
v. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
vi. Be harmful to minors;
vii. Infringe any intellectual property including copyright, database right or trade mark of any other person; Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Be likely to harass, upset, embarrass, alarm or annoy any other person;
viii. Impersonate any person, or misrepresent your identity or affiliation with any person;
ix. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
x. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
xi. Be such that it is known by you to be false, inaccurate or misleading;
xii. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xiii. Be content for which you were compensated or granted any consideration by any third party;
xiv. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
xv. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.
We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.
You are not permitted to and shall not do any of the following acts, the breach of which shall entitle NYM to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the App or the Marketplace;
Attempt to copy any software provided to you as part of the Services or the Website or the App or the Marketplace and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
Use any of NYM’s domain name as a pseudonymous return email address;
Access or use the Website/ App/Marketplace in any manner that could damage, disable, overburden, or impair any of the Website/ App/Marketplace’s servers or the networks connected to any of the servers on which the Website/ App/Marketplace is hosted;
Access or attempt to access any content that you are not authorized to access by any means;
Access the Website/ App/Marketplace through any other means other than through the interface that is provided by us;
Alter or modify any part of the Services; and
Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/App/Marketplace or any affiliated linked sites.
We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App/Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ App/Marketplace and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, NYM may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of NYM, its Users and the public. NYM shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.
NYM shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website/App;
Immediate, temporary or permanent removal of any contribution already posted on the Website/App/Marketplace using the Services, upon your failure to cure the breach that is brought to your notice;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you; andDisclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by NYM to the Website/App/Marketplace or the Services will automatically terminate.
333 Middle Winchendon Rd, Rindge,
NH 03461
Support.gymcenter@gmail.com
