Terms and Conditions
Last Updated: November 22, 2022
PLEASE READ THE TERMS & CONDITIONS (Agreement) CAREFULLY. THIS
AGREEMENT CONSTITUTE A LEGAL AGREEMENT BETWEEN BEMUTRI LLC
(COLLECTIVELY,"BEMUTRI", "WE", "US" OR "OUR") AND YOU AS A USER
("User" or "You"). BY ACKNOWLEDGING THIS AGREEMENT AND/OR USING
THE MUTRI SERVICES (AS DEFINED BELOW), YOU EXPRESSLY
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE
WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THIS
AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
1. This Agreement
1.1 Acceptance of this Agreement
By accessing the website located at https://www.mutri.com ( Site), installing or
using Mutri mobile application (Mutri), installing or accessing any information,
function,
feature, application, product or service made available by Bemutri or registering an
account with Mutri (Service(s)), you are a "User" and you hereby represent and
warrant that:
- you have read, understand and agree, without limitation or qualification, to be bound by this Agreement and any other policies or terms referenced within or posted throughout the Services from time to time, including but not limited to the Privacy Policy, which are hereby expressly incorporated by reference into this Agreement
- if you are an individual, you are of legal age in the jurisdiction in which you reside to form a binding contract with Bemutri (Minimum Age) and you have the authority to enter into this Agreement personall
- if you are representing, an entity, organization, company or other group (Entity), you are an authorized representative of such Entity and you have the authority to enter into this Agreement on behalf of such Entity and to bind such Entity to this Agreement
If you do not agree to be bound by this Agreement, personally or on behalf of the
Entity, as applicable, you may not access or use (or continue to access or use) the Service.
1.2 Modifications
Bemutri reserves the right, at our sole discretion, to change or modify the terms of
this Agreement at any time, effective upon posting an updated version of this
Agreement through the Service. If the changes are significant, we will use
commercially reasonable efforts to provide you with prior notice via email or other
reasonable means. You should regularly review this Agreement, as any continued
use of the Service after the date on which an updated version of this Agreement
become effective constitutes your agreement. In the event that you do not accept an
updated version of this Agreement, your sole and exclusive remedy is to cease your
access and use of the Services.
2. The Service
2.1 Description of the Service
MUTRI is a technology platform that provides an online marketplace which integrates
different components for healthy life (exercises, meal plans and recipes).
Exercises
Personal trainers, professional athletes and celebrities may list, offer and sell and
deliver exercises and related products and services (collectively, the "Exercise(s)")
to the general public. Only registered and approved trainers are eligible to list,
prepare, offer and sell Exercises (Trainer(s)).
Certain Exercises are free to all Users (Public Exercises ), while certain Exercises
are only accessible if exercise fee is paid (Exercise Fee). Exercise Fee is paid to the
Trainer for the personalized tailor-made Exercises and periodical communication
with that Trainer to get the best of your body (Individual Exercises). Exercise Fee is
also paid to the Trainer for the already prepared exercises listed on MUTRI for
different categories of Users (such as pregnancy exercises, strength exercises,
balance exercise, beginner exercises etc.) (Group Exercises).
Details on types of Exercises and Exercise Fees are provided in section 4.
Meal plan
Nutritionists may list, prepare, offer and sell and deliver meal plans and related
products and services (collectively, the " Meal plan(s) ") to the general public. Only
registered and approved nutritionists are eligible to list, prepare, offer and sell Meal
plans (Nutritionist(s)). Nutritionist are offering on MUTRI personalized tailor-made
Meal plans and periodical communication with that Nutritionist (Personalised Meal
plans). Meal plan fee is paid to the Nutritionist for the Personalised Meal plan (MP
Fee).
Details on Personalised Meal plans and MP Fees are provided in section 4.
Recipes
Users may freely browse through healthy recipes posted by other Users and
Nutritionists. Users may list recipes for healthy meals on MUTRI (Recipe). Our
Nutritionists are entitled to check the Recipe that you wish to share on MUTRI and
decide if such should be permitted. Consequentially, Bemutri shall not be liable for
any damages occurred as a result of use of faulty Recipe. (e.g. health problems
caused by such recipe).
If Recipe added by a User is deemed as excellent by our Nutritionists, we may
relocate it to recipe section of our platform (Recipes Section) fully respecting
copyrights of User who originally listed afore-mentioned Recipe (i.e. User’s name will
be mentioned alongside the Recipe).
Beware that in case you decide to delete your account all your data including
Recipes will be erased, except for Recipes in the Recipes Section.
All purchases of Exercises and/or Meal plans are made directly between the User
and the Trainer/Nutritionist (and any agreement for purchase and sale is between
the User and the Trainer/Nutritionist). Bemutri is only intermediary in the process as
explained below in section 4.
Bemutri offers a marketplace and is not itself a Nutritionist or Trainer. Bemutri is not
a party to any transaction involving the purchase or sale of Meal Plans or Trainings.
Bemutri may help facilitate the resolution of disputes between Users and
Nutritionist/Trainers, but Bemutri has no control over and does not guarantee (a) the
existence, quality, safety, authenticity or legality of Exercises/Meal plans/Recepies
offered or sold on MUTRI; (b) the truth or accuracy of a Trainer's/ Nutritionist’s/User’s
content or listings on MUTRI.
Challenges
If you are interested in showing off your physical ability or your cooking skills to other
Users, Mutri allows you to share video recording or video image of yourself
performing certain challenge (Challenge) for other Users. You can even respond to
other User's Challenges by posting your own one.
Challenges deemed as inappropriate for any reason by Bemutri moderators
will be removed from the platform.
2.2 Nutritionist and Trainers on MUTRI
Nutritionist and Trainers are independent business owners and independent
contractors. Nutritionist/Trainers are not employees, partners, representatives,
agents, joint venturers, dependent contractors or franchisees of Bemutri. Bemutri
does not prepare Exercises/Meal plans and is not in any way involved in preparing
the content provided by Nutritionists, Trainers or Users.
Each Nutritionist/Trainer is solely responsible for complying with all local, provincial,
national or international applicable laws, rules and regulations and standards that
apply in the jurisdiction(s) in which the Nutritionist/Trainer is located and/or conducts
business (Applicable Law), including but not limited to those pertaining to the
preparation, sale, and marketing, of all Exercises/Meals Plans listed, offered and
sold through MUTRI. While Bemutri does not require its Nutritionist/Trainer to
provide us with certifications or any other credentials, it is highly advisable for you to
do so. We do not verify in each instance all credentials, certificates, representations,
products, services or prices offered by Nutritionist/Trainer, the quality or accuracy of
the Exercises/Meals plans or whether Nutritionists/Trainers or Exercises/Meals plans
with Applicable Law. Bemutri will not be liable or responsible for any Exercises/Meals
provided by Nutritionists/Trainers that are a cause of damages or injury or that do not
meet your expectations in any manner.
2.3 Restaurants
Depending on the jurisdiction, Bemutri may enter into agreements with Restaurants
("Restaurant(s)") which can offer on MUTRI their own healthy meals. If User
chooses to use a Restaurant to deliver a meal, Bemutri is not offering such
preparation of meals and delivery services and has no liability or responsibility for the
actions or inactions of any Restaurant. Bemutri will not be liable or responsible for
any delivery services provided by a Restaurant or any errors, omissions or
misrepresentations made by a Restaurants. Restaurants are required to comply with
all Applicable Law. Upon selecting meal from Restaurant the User is automatically
transferred to the Restaurant’s app for further actions.
Bemutri may help facilitate the resolution of disputes between Users and
Restaurants, but Bemutri has no control over and does not guarantee (a) the ability
of a Restaurant to sell meals through MUTRI and deliver meals within required
delivery windows; (b) the ability of Users to pay for purchased Meals; or (c) that a
User or Restaurant will actually complete a transaction, effectuate trouble-free
delivery and shipping or return a meal through MUTRI.
Bemutri does not prepare, cook, package or deliver meals.
Each Restaurant is solely responsible for complying with all local, provincial, national
or international applicable laws, rules and regulations and standards that apply in the
jurisdiction(s) in which the Restaurant is located and/or conducts business
(Applicable Law), including but not limited to those pertaining to the preparation,
sale, marketing, and packaging of all meals listed, offered and sold through MUTRI.
Each Restaurant is solely liable for the quality, safety, freshness and accuracy of its
meals. While Restaurants are required to pass food and safety certifications, kitchen
inspections and food tastings in accordance with Applicable law, we do not verify in
each instance all credentials, representations, products, services or prices offered by
Restaurants, the quality or accuracy of the meals or whether Restaurants comply
with Applicable Law. Bemutri will not be liable or responsible for any meals provided
by Restaurant that are a cause of damages or injury or that do not meet your
expectations in any manner.
2.4 Couriers
Depending on the jurisdiction, Bemutri may enter into agreements with courier
service providers ("Courier(s)"). If a User or Restaurant chooses to use a Courier to
deliver a meal, Bemutri is not offering such delivery services and has no liability or
responsibility for the actions or inactions of any Courier. Bemutri will not be liable or
responsible for any delivery services provided by a Courier or any errors, omissions
or misrepresentations made by a Courier. Couriers are required to comply with all
Applicable Law.
2.5 Mobile Service
The Service may include certain services that are available via a mobile device,
including but not limited to (a) the ability to upload User, Trainer, Nutriotionist or
Restaurant content to the Service via a mobile device; (b) the ability to access or
browse the Service or the Site via a mobile device; and (c) the ability to access
certain features through a mobile application downloaded and installed onto a mobile
device (collectively, the "Mobile Services"). To the extent you access any Mobile
Services, your wireless service carrier’s standard charges, data rates and other fees
may apply. In addition, downloading, installing or using certain Mobile Services may
be prohibited or restricted by your wireless service carrier, and not all Mobile
Services may work with all wireless service carriers or mobile devices.
By using the Mobile Services, you agree that we may communicate with you
regarding the Service by SMS, MMS, text message or other electronic means to your
mobile device and that certain information about your usage of the Mobile Services
may be communicated to us. In the event you change or deactivate your mobile
telephone number, you agree to promptly update your account information to ensure
that any messages from Bemutri intended to be sent to you are being delivered to
the correct person. You acknowledge and agree that your use of the Mobile Services
must be in accordance with the usage rules established by your wireless service
carrier and mobile device platform or service provider.
2.6 Account Registration, Access and Security
You are required to register an account with MUTRI in order to access and use
features of the Service. If you choose to register an account, you agree to provide
and maintain true, accurate, current and complete information about yourself, or the
Entity you represent, as requested by Bemutri's registration process and ongoing
account maintenance. Registration data and certain other information about you are
governed by our Privacy Policy.
Account registration is available only to individuals and Entities who form legally
binding contracts under Applicable Law. Without limiting the foregoing, the Service is
not available to individuals or Entities under the Minimum Age or to Users who are
temporarily or permanently suspended from the Service. If you do not qualify, you may not use
the Service.
Additionally, Bemutri reserves the right to refuse access to or use of the Service,
including your ability to complete your registration for or to access your account, by
anyone who breaches this Agreement or for reasons related to business of Bemutri,
which are meant to protect the safety of Bemutri Users, prospective users and
employees. Bemutri may suspend or terminate any account, at any time, in its sole
discretion. You are only authorized to create and use one account for the Service
and are prohibited from using alter egos or other disguised identities when using the
Service.
You are responsible for maintaining the confidentiality of your password and account
and are fully responsible for any and all activities that occur under your password or
account. You agree to (a) immediately notify Bemutri of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
securely log off from your account at the end of each session when accessing
the Service. Bemutri will not be liable for any loss or damage arising from your failure to
comply with this Section.
2.7 Modifications to the Service
Bemutri reserves the right to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that Bemutri shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service or any loss or damage arising therefrom.
2.8 Communications
By registering an account with MUTRI and providing your contact information, you
are consenting to be contacted by Bemutri or any of its business partners by
telephone, text message, email, fax, telephone or any other means. In the event you
no longer want to receive certain communications from Bemutri, please refer to our
Privacy Policy for guidance on how to opt-out.
2.9 Terminating Your Account
You may terminate your account through MUTRI App at any time and without cost,
but you will remain liable for any outstanding purchases, fees or other charges
incurred through the Service. Once an account is terminated, Bemutri will not issue
refunds for any amounts previously incurred through the Services. Furthermore, if
you wish to restore your account, in course of 30 days you will be able to do it with
simply filling in your username and password you previously used. Note that after
expiration of above-mentioned 30 days, all your data will be erased except of the
Recipes in Recipes Section.
Regarding erasure of your personal data and its retention after deletion
of the account, please read our Privacy Policy.
In connection with terminating your account, you agree that Bemutri has no liability
or responsibility for the deletion or failure to store any data or other content
maintained or transmitted through the Service. Please review our Privacy Policy for
further information about our practices regarding your personal information, which
may continue to apply to personal information associated to an account even after
such account is terminated.
In certain cases, Bemutri may not permit you to terminate your account, including but
not limited to (a) to evade an investigation; (b) where the account has open or
pending purchases or payment transactions; and (c) where the account has
outstanding purchases fees or other charges incurred through the Service.
2.10 General Practices and Limits Regarding Use and Storage
By registering an account with MUTRI and providing your contact information, you
are consenting to be contacted by Bemutri or any of its business partners by
telephone, text message, email, fax, telephone or any other means. In the event you
no longer want to receive certain communications from Bemutri, please refer to our
Privacy Policy for guidance on how to opt-out.
3. The Service
3.1 User Conduct
You are solely responsible for all descriptions, pictures, listings, information, data,
text, music, sounds, graphics, videos, messages or other materials that you upload,
post, publish, send or display (hereinafter, "upload") on or through the Service
("User Content"). Provided below are examples of the kind of User Content and/or
use of the Service that is illegal or prohibited by Bemutri. Bemutri reserves the right
to investigate and take appropriate action, including but not limited to legal action,
against anyone who, in Bemutri's sole discretion, violates this Section, including but
not limited to, removing the offending User Content from the Service, suspending or
terminating the offending account and reporting you to law enforcement authorities.
You agree to not use the Service to:
- sell, post or otherwise transmit any User Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful or otherwise considered objectionable in Bemutri's sole discretion; (ii) you do not have a right to use, sell or transmit under any law or under any contractual or fiduciary relationship; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail"," "spam", "contests", "sweepstakes" or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications tools or equipment; or (vii) in Bemutri's sole discretion, is considered objectionable or which restricts or inhibits any other User or prospective user from using or enjoying the Service, or which may expose Bemutri or its Users to any harm or liability of any type
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
- solicit personal information from anyone under the Minimum Age
- harvest or collect email addresses or other contact information of Users through the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- advertise or offer to sell or buy any goods or services other than Exercises/Meal plans intended to be prepared, sold and purchased through the Service
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- violate any Applicable Law or any rule, regulation or standard having the force of law
- further or promote any criminal activity or enterprise, or provide instructional information about illegal activities
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service
- monitor the Service’s functionality, performance, availability or any other competitive benchmarking-related purpose
3.2 User Representations, Warranties and Agreements
You represent and warrant that:
- you will respect the privacy (including but not limited to private, family and home life) and data protection rights of Users with whom you communicate through the Service
- you will fulfill the commitments you make to other Users, including your commitment to sell or purchase Exercise/Meal plans
- you will communicate clearly and respectfully when using the Service, including with respect to submitting reviews, sending User messages and communicating through any means with Bemutri
- you will act professionally and responsibly in your interactions with other Users
- you will use your real name and/or business name in connection with your account profile and use of the Service
- you will use Meal plan and/or Exercise strictly in accordance with the instructions provided by the Nutritionist/Trainer. Nutritionists/Trainers shall not be liable for any health issues/damages if you use Meal plan/Exercise contrary to the given instructions
- when using or accessing the Service you will act in accordance with all Applicable Law and in good faith
- you do not have any motivation, status or interest that Bemutri may reasonably wish to know about in connection with the Service, including without limitation, if you are using or will or intend to use the Service for any competitive, journalistic, academic, investigative, unlawful or otherwise bad faith purpose
If you are a Trainer/Nutritionist, you additionally represent and warrant that:
- you sell and offer to sell Training/Meal plans through the Service as a sole proprietor, partnership, limited liability company, limited partnership, corporation or other business entity
- you have the unrestricted right to earn income in the jurisdiction in which you sell and offer to sell Training/Meal plans
- you are solely responsible for identifying and obtaining any applicable regulatory, commercial or tax license, permit, certificate, filing, registration, insurance or other similar requirement ("License(s)") required to sell and offer to sell Training/Meal plans through the Service
- you have obtained all applicable Licenses required to sell and offer to sell Training/Meal plans through the Service and they are current, accurate and valid
- you will use your real name or business name on your account profile
- you will honor your commitments to other Users
- you agree that we may (but are not required to) obtain information about you, including but not limited to your criminal records, and you agree to provide any further necessary consents and authorizations to facilitate our access to such records during the Term (as defined below) of this Agreement
- you will pay all applicable taxes based on income earned for your sale of Training/Meal plans through the Service (note, the Service platform will collect and remit taxes for the sale of Meals where applicable)
- you agree not to market your Training/Meal plans in a false or misleading manner, including but not limited to not making false representations or claims about the nutritional value of your meals
3.3 Ingredients and Allergens
For any particular meal and related goods and services offered or made available
through the Service, Nutritionist should disclose all ingredients and especially all
major allergens. Bemutri is not liable or responsible for the accuracy of the
information and labelling of any meals. Bemutri shall not be liable for any illness,
health problem or other damages, injury or loss that may result from any prepare,
order, or consumption of any meal and related goods or services acquired through
the Service.
3.4 Customer Reviews
To the extent you are a Customer, Bemutri may allow you the opportunity to evaluate
Trainers/Nutritionist regarding your purchase of Individual Exercises/Group
trainings/Personalised Meal plans, Trainers or Nutritionists. Any review you submit is
considered User Content. Bemutri has no obligation to screen or to delete rates or
related User Content, even if anyone considers a review objectionable or inaccurate.
You rate the Trainers/Nutritionist in the range of one to five, according to how
satisfied you are with the provided service.
Customers posting ratings must comply with the following criteria:
- user must have firsthand experience with the Trainers/Nutritionists or Exercise/Meal plan being reviewed
Bemutri may, in its sole discretion, accept, reject or remove any portion of or the
entirety of any rating, whether or not such rating is expressly in breach of the criteria
set out above. Ratings are not endorsed by Bemutri and do not represent the views of
Bemutri. Bemutri does not assume liability or responsibility for any rating or for any
claims, liabilities or losses resulting from any review.
When it comes to Challenges, Users will be able to either leave a "like", certain
comment, as well as post other Challenges as a response to previous one.
Note that such comments will be removed if they are deemed as inappropriate by
Bemutri moderator.
3.5 MUTRI Reviews
Bemutri via MUTRI reviews the Nutritionist (sending the Personalised Meal plan in
due date and replying to answers) and Trainers (timely sending the Individual
training and replying to answers). Both of these reviews shall be available for each
Trainer/Nutritionist on MUTRI.
3.6 Marketplace Risk
Bemutri is not affiliated with or endorsed by any Trainer/Nutritionist, restaurant or
other service made available through the Service. Beyond its capacity as a
marketplace and technology platform, Bemutri is not a party to or involved in any
transaction between Users and Trainers/Nutritionists through the Service, and does
not act as a Customer, Seller (or affiliate of a Customer or Seller) or broker with
respect to any transactions made through the Service. There are risks that you
assume when dealing with other Users (including those who may be acting under
false pretenses) and all such risks are borne by you, and not Bemutri. We encourage
you to use the various functionalities of the Service to help evaluate the User with
whom you are dealing.
Bemutri does not control or actively monitor User Content or the behavior of Users.
As a result, Bemutri does not guarantee or endorse the legality, authenticity, quality
or safety of any Training/Meal plan offered or sold, the truth or accuracy of any User
Content, except for Recipes which were added to Recipes Section on our platform.
Bemutri reserves the right to delay the completion of any transaction for a
reasonable period of time for purposes of fraud detection and otherwise protecting
Bemutri and its Users from illegal or wrongful activities or other violations of this
Agreement. While Bemutri takes pride in its customer service, we cannot and do not
guarantee that all transactions will be properly completed by the Users involved, and
we cannot and do not guarantee the ability or intent of each User to fulfill their
obligations in any transaction.
3.7 Trainer/Nutritionist as Independent Contractors
Users using the Service in their capacity as a Trainer/Nutritionist do so in their
personal capacity as an independent contractor and not as an employee of Bemutri.
To the extent that you are a Trainer/Nutritionist, you agree that:
- you are an independent contractor and not an employee of Bemutri
- you shall be solely responsible for determining the means and manner of the work performed to prepare the Exercises/Meal plans you offer and sell through the marketplace
- you are solely responsible for the manner and hours in which your services are performed
- you are responsible for and will comply with all Applicable Law and License requirements, including but not limited to those applicable to independent contractors and maximum working hours regulations
- this Agreement does not create an association, joint venture, partnership, franchise or employer/employee relationship between you and Bemutri, or you and any User
- you will not represent yourself as an employee or agent of Bemutri or any User
- you will not be entitled to any of the benefits that Bemutri may make available to its employees, including worker compensation benefits in the event of injury
- you will not engage a User in any way that may jeopardize your status as an independent contractor
3.8 Commercial Use
Unless otherwise expressly authorized herein or in the Service, you agree not to
display, distribute, license, perform, publish, reproduce, duplicate, copy, create
derivative works from, modify, sell, resell, exploit, transfer or upload for any
commercial purposes, any portion of the Service, use of the Service or access to the
Service.
4. Membership plans, Purchase and Sale Transactions
4.1 Membership plans
As provided above there are a lot of free Exercises, Recipes and Meal plans that are available
on MUTRI to all registered Users.
Trainers may list, offer and sell and deliver already prepared exercises for different
categories of Users (such as pregnancy exercises, strength exercises, balance
exercise, beginner exercises etc.) - Group Exercises. Trainers are allowed to
determine the amount of the Exercise Fee for each Group Exercise listed on MUTRI.
Each User may purchase Group Exercise. Upon purchasing Group Exercise it is
available to the User on MUTRI for the 30 days from the day of purchase.
Now MUTRI provides only Basic Packages for our Users. Users who are opting for
Basic Packages are selecting individual Nutritionist and/or Trainer and upon
payment of the Exercise fee/MP Fee you are in the procedure for getting Individual
Exercise and or Personalised Meal plan.
Type | Nutritionists | Trainers |
---|---|---|
Basic One-Week Package |
|
N/A |
Basic Two-Weeks Package |
|
N/A |
Basic Monthly Package |
|
N/A |
4.2 Purchase
Trainers/Nutritionists are free to decide on the amount of the Exercise fee/MP fee for
their Individual trainings/Group trainings/Personalised Meal plans. They decide on
the fee based on various criteria (reputation, experience, difficulty etc.).
4.3 Payment process – Collecting the funds
Bemutri is allowed to collect all funds from the Users in the name and on behalf of
the Trainer(s)/Nutritionist(s). By applying on the platform all Users accept and allow
that Bemutri can charge their credit cards in order to collect the Exercise Fee/MP
Fee for the services provided by the Trainer(s)/Nutritionist(s). In that sense Bemutri
shall issue the Statement to the Users that the funds are collected in the name and
on behalf of the Trainer(s)/Nutritionist(s) for each particular Exercise/Meal. Without
any doubts such document is only for informative purposes and cannot be treated as
an invoice or any relevant accounting document.
The payment processor for transactions is either Google Pay or Apple Pay
depending on the operating system you are using. Please check their terms and
conditions for more info.
4.4 Power of attorney for collecting the funds
Trainer(s)/Nutritionist(s) accept and allow Bemutri to collect the funds from the Users
in their name and on their behalf. Such power of attorney (PoA) shall be additionally
confirmed in each agreement concluded between the Bemutri and Trainer(s)/Nutritionist(s).
4.5 Tax and accounting obligations and compliance to the Users
Trainer(s)/Nutritionist(s) shall be solely responsible to the Users for tax and
accounting obligations and compliance issues in their own countries in accordance
with the Applicable law and Bemutri cannot be liable for any tax and/or accounting
obligations or compliance issue to the Users in accordance with any Applicable law.
4.6 Tax and accounting obligations between
Trainer(s)/Nutritionist(s) and Bemutri
Trainer(s)/Nutritionist(s) will use or will have right to use the Mutri. The fee which
Bemutri will charge to Trainer(s)/Nutritionist(s) for use or right to use Mutri shall be
considered as a royalty fee. Such fee shall be considered as net amount charged by
Bemutri and Trainer(s)/Nutritionist(s) will additionally bear all direct or indirect taxes,
customs, excise duties and similar duties in accordance with Applicable law. This
particularly applies, but it is not limited, to withholding tax (WHT) which can arise in
the country of tax residence of Trainer(s)/Nutritionist(s) in which case WHT will be
additional expenses for Trainer(s)/Nutritionist(s).
Trainer(s)/Nutritionist(s) shall be solely responsible for their own tax and accounting
obligations and compliance issues in their own countries in accordance with the
Applicable law and Bemutri cannot be liable for any tax and/or accounting obligations
or compliance issue of the Trainer(s)/Nutritionist(s) in accordance with any
Applicable law.
4.7 Transaction process
Prior purchasing Individual training for designated Trainer and/or Personalised Meal
plan (with selection of package) for designated Nutritionist you are asked to provide
more details so selected Trainer/Nutritionist could prepare for you Individual
training/Personalised meal. Immediately after purchasing Individual
training/Personalised Meal plan you have open chat function on MUTRI with
selected Trainer/Nutritionist. The purpose of this function is to communicate with the
Trainer/Nutritionist on order to get most personalised Individual training/Personalised
Meal plan. Trainer/Nutritionist may send you questionnaire to get necessary info.
After consultation, Trainer shall prepare and send you Individual training via MUTRI.
From that moment the package conditions (above) are starting. If Individual training
is not available on MUTRI in 10 days after purchase, the User can request the refund
of paid Exercise fee.
The Nutritionist shall contact the User who purchased the package as soon as
possible after the purchase for the purpose of asking for additional info. The
Nutritionist is preparing and sending you on MUTRI Personalised Meal plan in
shortest notice from the moment getting all additional info. From that moment the
package conditions (above) are starting. If Personalised Meal plan is not available on
MUTRI in 10 days after purchase, the User can request the refund of paid Meal plan
fee.
Upon receiving Individual training, it is available on MUTRI for one month. Upon
receiving Personalised Meal plan, it is available on MUTRI for one year.
Group trainings are immediately available on MUTRI upon purchase. They are
available on MUTRI for one month upon purchasing it.
5. Intellectual Property Rights
5.1 License
During the Term and in accordance with this Agreement, Bemutri grants you a
limited, revocable, non-exclusive, non-assignable, non-transferable and
non-sublicensable license to access and use the Service.
5.2 Bemutri IP
Bemutri alone shall own all right, title and interest, including all related intellectual
property rights, in and to the Service, all content contained therein (excluding User
Content) and all technology and software underlying the Service or distributed in
connection therewith ("Bemutri Technology"), as well as the collective ideas, know-how,
inventions, methods, or techniques developed or conceived as a result of
providing the Services hereunder, including any derivative works, improvements,
enhancements and/or extensions made to the Services and any information
reflecting the access or use of the Service by or on behalf of any User, including but not
limited to visit-, session-, impression-, click through- or click stream-data and any
statistical or other analysis, information or data based on or derived from any of the
foregoing (the "Usage Data").
The Bemutri and MUTRI name and logos are trademarks and service marks of
Bemutri (collectively, the "Bemutri Trademarks"). Nothing in this Agreement or the
Service should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Bemutri Trademarks without our prior written consent in
each instance, which may be withheld in our sole discretion. All goodwill generated
from the use of Bemutri Trademarks will inure to our exclusive benefit. Other names
and logos used and displayed through the Service may be trademarks or service
marks of their respective owners who may or may not endorse or be affiliated with or
connected to Bemutri.
Except as expressly authorized by Bemutri, you agree not to modify, copy, frame,
scrape, rent, lease, loan, distribute, sell, re-sell, assign, sublicense, transfer, create
derivative works of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code of the Bemutri Technology, Usage Data and Bemutri
Trademarks (collectively, the "Bemutri IP"), in whole or in part. In connection with
your use of the Service, you will not engage in or use any data mining, robots,
scraping or similar data gathering or extraction methods. If you are blocked by
Bemutri from accessing the Service (including by blocking your IP address), you
agree not to implement any measures to circumvent such blocking (e.g., by masking
your IP address or using a proxy IP address). Any use of the Service or Bemutri IP
other than as specifically authorized herein is strictly prohibited. Any rights not
expressly granted herein are reserved by Bemutri.
5.3 Third Party Content
Each User retains all right, title and interest, including all related intellectual property
rights, in and to its own User Content (unless specified otherwise). With respect to
your User Content, you represent and warrant that you own all right, title and interest
in and to such User Content, including but not limited to all copyrights and rights of
publicity contained therein. By uploading or otherwise making available through the
Service your User Content, you hereby grant Bemutri a non-exclusive, worldwide,
royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license
to copy, display, upload, perform, distribute, store, modify and otherwise use your
User Content in connection with the operation of the Service or the promotion,
advertising or marketing thereof, in any form, medium or technology now known or
later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Service ("Submissions") provided by you to
Bemutri are non-confidential and non-proprietary, and Bemutri will be entitled to the
unrestricted use and dissemination of such Submissions for any purpose,
commercial or otherwise, without notice, acknowledgment or compensation to you.
You acknowledge and agree that Bemutri may preserve User Content and may also
disclose User Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal process,
Applicable Law or government requests; (b) enforce this Agreement; (c) respond to
claims that any User Content violates the rights of third parties; or (d) protect the
rights, property or safety of Bemutri, its Users and the public. You understand that
the technical processing and transmission of the Service, including your User
Content, may involve (a) transmissions over various networks and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
Under no circumstances will Bemutri be liable or responsible in any way for any
content or materials of any third party (including User Content) ("Third Party Content"),
including but not limited to any errors or omissions in any Third Party Content
or any loss or damage of any kind incurred as a result of the use of any
such Third Party Content. You acknowledge that Bemutri does not pre-screen Third
Party Content, but that Bemutri and its designees will have the right (but not the
obligation) in their sole discretion to refuse or remove any Third Party Content that is
made available through the Service. Without limiting the foregoing, Bemutri and its
designees will have the right to remove any Third Party Content that breaches this
Agreement or is deemed by Bemutri, in its sole discretion, to be otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with,
the use of any Third Party Content, including but not limited to any reliance on the
accuracy, completeness or usefulness of such Third Party Content.
5.4 Copyright Complaints
Bemutri respects the intellectual property of others and we ask our Users to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement or that your intellectual property rights have been otherwise
violated, you should notify Bemutri of your infringement claim at office@mutri.com
with the subject line: "Copyright Complaint". Bemutri will process and investigate
notices of alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act and other applicable intellectual property laws with respect to any
alleged or actual infringement.
6. Confidentiality
The term "Bemutri Confidential Information" shall mean any confidential, secret or
proprietary business, technical or financial information, documents or materials of
Bemutri, which is provided to the User in connection with this Agreement and the
Service, whether orally or in writing, that is designated as confidential or that
reasonably should be understood to be confidential given the nature of the
information and the circumstances of disclosure. Bemutri Confidential Information
includes, but is not limited to, all information related to Bemutri and its business that
is not generally known to the public, including business processes, practices,
methods, policies, plans, documents, manuals, records, data, research, financials,
operations, services, strategies, techniques, agreements, software, algorithms and
technologies.
You agree to use Bemutri Confidential Information solely for purposes of using the
Service as a Customer or Seller, as applicable. You shall not, either directly or
indirectly, disclose, copy, distribute, re-publish or allow any third party to have
access to any Bemutri Confidential Information without Bemutri's prior written
notification, except (a) to employees, agents and professional advisors on a need-to-know
basis, provided that such persons are bound by confidentiality obligations as
least as restrictive as this Agreement, and (b) to the extent you are legally required
to do so by subpoena, administrative or judicial order, in which case, you shall (i)
provide written notice to Bemutri of such request or requirement to disclose Bemutri
Confidential Information immediately and prior to making any such requested or
required disclosure of Bemutri Confidential Information and (ii) allow Bemutri to
assert any available defenses to such requested or required disclosure of Bemutri
Confidential Information.
You agree to protect all Bemutri Confidential Information in the same manner that
you protect your own confidential, secret or proprietary information, but in no event
using less than a reasonable standard of care.
7. Third Party Interactions
7.1 Third Party Sites and Resources
The Service may provide, or third parties may provide, links or other access to third
party sites and resources on the Internet. Bemutri has no control over such third
party sites and resources and Bemutri is not responsible for and does not endorse
such third party sites and resources. You further acknowledge and agree that
Bemutri will not be liable or responsible, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any
content, events, goods or services available on or through any such third-party site
or resource. Any dealings you have with third parties found while using the Service
are between you and the third party, and you agree that Bemutri is not liable for any
loss or claim that you may have against any such third party.
7.1 Third Party Sites and Resources
Bemutri's Mobile App may be made available through the Apple App Store, Android
Marketplace or other mobile application distribution channels ("Distribution
Channels"). If you download or otherwise gain access to the Mobile App through a
Distribution Channel, you may be subject to additional terms of the Distribution
Channel. This Agreement is between you and Bemutri only, and not with the
Distribution Channel. To the extent that you utilize any other third party products and
services in connection with your use of Bemutri's Services, you agree to comply with
all applicable terms of any agreement for such third party products and services.
8. Limitation of Liability and Disclaimer of Warranties
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR
LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR
SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY. IN SUCH JURISDICTIONS,
THE LIABILITY OF BEMUTRI WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, BEMUTRI
AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR
IMPLIED WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND
QUALITY. BEMUTRI AND ITS THIRD-PARTY PROVIDERS MAKE NO
REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY,
AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS
OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE
SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
BEMUTRI AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR
WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICES WILL BE
TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE
QUALITY OF THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT
NEITHER BEMUTRI NOR ITS THIRD-PARTY PROVIDERS CONTROL THE
TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE
INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS,
DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH
COMMUNICATIONS FACILITIES. BEMUTRI IS NOT RESPONSIBLE FOR ANY
DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH
PROBLEMS. WITHOUT LIMITING THE FOREGOING, BEMUTRI DOES NOT
WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE
DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE
ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY
PROVIDED OTHERWISE BY BEMUTRI, THE SERVICES ARE PROVIDED TO USERS ON AN "AS IS" BASIS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL
BEMUTRI BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY: (A) FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) FOR LOSS OF
USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS
INTERRUPTION; OR (C) FOR ANY MATTER BEYOND ITS REASONABLE
CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF BEMUTRI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH ANY OTHER USER IN CONNECTION WITH THE SERVICE
AND BEMUTRI WILL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT
THERETO. BEMUTRI RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO
BECOME INVOLVED IN ANY WAY WITH DISPUTES BETWEEN YOU AND
ANY OTHER USER OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, Bemutri's AGGREGATE LIABILITY
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
9. Indemnification
You agree to release, defend, indemnify and hold Bemutri and its affiliates and each
of their officers, employees, directors and agents (collectively, "Indemnitees")
harmless from any and all losses, damages, expenses (including reasonable legal
fees), rights, claims, actions of any kind and injury (including death) arising out of or
relating to (a) your breach or alleged breach of this Agreement; (b) the intellectual
property rights of any person; (c) any Applicable Law including, without limitation,
privacy and consumer protection laws; and (d) your access to, use or misuse of the
Service and any content provided through the Service. Bemutri will provide notice to
you of any such claim, suit or proceeding. Bemutri reserves the right to assume the
exclusive defense and control of any matter which is subject to indemnification under
this Section. In such case, you agree to cooperate with any reasonable requests
assisting Bemutri's defense of such matter.
10. Dispute Resolution
10.1 Agreement to Arbitrate
In the event the parties are not able to resolve any dispute between them arising out
of or concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other relief, then
such dispute shall be resolved only by final and binding arbitration pursuant to the
Federal Arbitration Act, conducted by a single neutral arbitrator and administered by
the American Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's award
shall be final, and judgment may be entered upon it in any court having jurisdiction.
In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to
recover its costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions. The parties
agree that the Federal Arbitration Act governs the interpretation and enforcement of
this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision
shall survive the termination of these Terms and Conditions.
10.2 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by
the arbitrator, will be strictly confidential for the benefit of all parties.
11. Term and Termination
11.1 Term
The term of this Agreement shall begin on the date you first entered into this
Agreement and shall continue until terminated in accordance with this Agreement (the
"Term").
11.2 Termination
Bemutri, in its sole discretion, may suspend or terminate your account (or any part
thereof) or your access to or use of the Service and may remove and discard of any
content (including User Content) associated with your account within the Service, for
any reason, including but not limited to inactivity or if Bemutri believes that you have
violated or acted inconsistently with the letter or spirit of this Agreement. Any
suspected fraudulent, abusive or illegal activity that may be grounds for termination
of your use of the Service may be referred to appropriate law enforcement
authorities. Bemutri may also, in its sole discretion and at any time, discontinue
providing the Service, or any part thereof, with or without notice. You agree that any
termination of your access to or use of the Service under any section of this
Agreement may be affected without prior notice, and you acknowledge and agree
that Bemutri may immediately terminate your account and all related information and
files in your account and/or bar any further access to or use of such files or the
Service. Further, you agree that Bemutri will not be liable to you or any third party
for any termination of your access to or use of the Service.
Bemutri reserves the right to take appropriate legal action, including pursuing civil,
criminal or injunctive redress. Even after your right to access or use the Service is
terminated or your account is terminated, this Agreement will remain enforceable against
you.
11.3 Survival
Sections 2 (The Service), 5 (Intellectual Property Rights), 6 (Confidentiality), 8
(Limitation of Liability and Disclaimer of Warranties), 9 (Indemnification), 10 (Dispute
Resolution), 11 (Term and Termination) and 12 (General) will survive the termination of this
Agreement.
12. General
This Agreement constitutes the entire agreement between you and Bemutri and
governs your use of the Service, superseding any prior agreements between you
and Bemutri with respect to the Service. You also may be subject to additional terms
and conditions that may apply when you use affiliate or third party services, third
party content or third party software.
To the maximum extent permitted by law, this agreement is governed by the laws of
the State of Wyoming. With respect to any disputes or claims not subject to
arbitration, as set forth above, you and Bemutri agree to submit to the personal and
exclusive jurisdiction of the provincial and federal courts located within Wyoming.
The failure of Bemutri to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of this Agreement
remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever barred. A
printed version of this Agreement and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
You may not assign this Agreement without the prior written consent of Bemutri, but
Bemutri may assign or transfer this Agreement, in whole or in part, without restriction.
The section titles in this Agreement are for convenience only and have no legal or
contractual effect.
Notices to you may be made via either email or regular mail. The Service may also
provide notices to you of changes to this Agreement or other matters by displaying
notices or links to notices generally on the Service.
13. Contact Us
Please contact us at the following addresses to report any violations of this
Agreement or to pose any questions regarding this Agreement or the Service.
Attention:
Bemutri Inc.
Address:
30 NORTH GOULD STREET
SHERIDAN, WY 82801
UNITED STATES
Customer Support:
office@mutri.com