General Terms and Conditions

1. Introduction

  1. This Agreement applies to every transaction between you (client) and the company.
  2. Before any Distance transaction, the client will get a durable copy of this Agreement electronically.
  3. The company can also provide a free copy of this Agreement before making any Distance transaction to the clients so that they can review the company's policy.
  4. It is the responsibility of clients to go through this Agreement before using any of the company's services. The use of any service will be taken as that the clients has read and acknowledged the Agreement.

This Agreement contains the arbitration provision which states that arbitration will be used to solve any dispute other than any court proceedings or jury trails.

2. Definitions

The terms used in this agreement anywhere shall have the following meaning:

  1. Agreement – Agreement for providing meal plans based on Keto diet.
  2. Client – Anyone using the company's services.
  3. Company – Nellies Gadgets Inc, 15-2660 Pahoa Village Rd, Ste 105 Unit 908, Pahoa, HI 96778, e-mail [email protected], a company incorporated under the laws of USA, all the data about the company is stored and kept with the Register of Legal Entities of USA
  4. Offer – Offer to use the company's services offered by company to the client.
  5. Privacy Policy – The privacy policy used by the Company.
  6. Services – Offer to use the company's services offered by company to the client with all the website information.
  7. Digital Content – Personal fasting meal plans offered by the company.
  8. Distance Contract – A contract between company and the Client following the frameworks mentioned by company.
  9. Website – https://ketobalancedplan.com/

3. Consent To The Offer

  1. The company will will inform the client about availability of offer through company's website.
  2. The client will have to enter certain information to receive the offer. The client is responsible to provide correct information on the website.
  3. The client will receive the offer after providing certain information. The offer will include:
    • Cost of a single meal plan
    • Payment options available at website
    • Certain important information which the company finds important
  4. Consent to the offer – It will be taken as acceptance to the Terms & Conditions once the client ticks the "I agree with the Terms & Conditions" box and press the button "Submit".

4. Distance Contract

  1. The Distance contract will only be concluded once the client will accept the offer.
  2. Once the Client accepts the offer, the company will send a confirmation receipt electronically. The company will send the personal meal plans on the email ID provided on the website.
  3. Since the digital content is provided electronically, the client can not withdraw from this agreement.
  4. Even though the company makes sure to provide instant service, some of the services are depended on the internet which is not in the control of company. The company can not be held responsible for any error, viruses, intrusions, malware content or any other failure.
  5. The Company is obligated to provide digital content to the clients only for the days they have paid for be it 90,180 or yearly. The services provided depend on the services opted for.
  6. The company can change or expand its services anytime in the future and it is not responsible to notice the client. The company can also terminate any service or a part of the service without any obligation to the client.
  7. The client also agrees that:
  • He/she is not under 18
  • The client takes full responsibility for any unauthorized use by minors.

5. Payments

  1. During the period mentioned in the Offer, the price will remain same for the Services being offered , except changes in VAT-tariffs.
  2. The Client agrees to:
    • Pay all the additional taxes including all the fees and charges
    • Use a authorized mode of payment
    • Provide correct and current information on the website. If the client provides a false information, the company can terminate the offer anytime and cannot be held for refund.
  3. The Client will be transferred to some third party payment service provider and the risk associated with it would pass to the Client. The company does not store any sensitive or personal data. The company can not be held responsible for any third party payment disputes.
  4. All prices and costs mentioned on the website are in US Dollars.

Refund Policy

The Company doesn't claim or follow a refund policy, unless the digital product in the form of a meal plan including recipes, is anyhow proven to be not as described. And if such cases happen, the Client is supposed to contact our customer support at [email protected] and provide detailed information proving the Company’s product not as described. Once the requested refund is issued, the Client won't have the access to the Company’s services. All refunds are subjected to the original method of payment. On the purchase of digital services, the Client agrees to this refund policy and withdraws any rights to subject it to any questions, judgment, or legal actions.

The company declares that local charges (taxes etc.) may occur, depending on your region and tax laws. These charges are supposed to be owned by the customers, not the company.

6. Intellectual Property Rights

  1. All the trademarks rights, design rights, copyright and patent rights are owned by the company can not not be used otherwise.
  2. The client can not disassemble, reproduce, distribute, publish any of the company's property in part or in whole without company's consent.
  3. The Client grants to Company a fully paid up, royalty-free, non exclusive license to reproduce, display, distribute, modify, or use the client's content to the extent permitted by law. User content includes – images, communications, creative works, writings or any User Trademarks.
  4. No component part of this Agreement can be interpreted as a transfer of intellectual property.

7. Use Of Digital Content

  1. All intellectual property rights or any digital content are owned by the Company and the client can only use a limited, non-exclusive or non transferable content provided by Company.
  2. These Terms & Conditions are applicable for a term of 5 years from the date of offer unless earlier suspended or terminated.
  3. The client shall not lend, reproduce or edit the Digital content for any third party's use.
  4. The company can limit the number of devices on which the digital content can be used.
  5. If the clients breach any of the rules, the Company may debar access to the in-dispute Digital content.

8. Sale of Digital Content Prohibited

  1. The client can not sale, offer to sale, share, rent or lend the digital content of the website.

9. Privacy Policy

Client’s data is governed by the Privacy Policy which you can found on the Website. Client should have a printed copy of this agreement alongside Privacy Policy.

10. Indemnity

The client agrees to indemnify the company and its officers, directors affiliates, agents, employees, legal representatives, subsidiaries or suppliers from any sort of claim or demand which may arise due to the violation of Privacy policy.

11. Liability

  1. It is the sole responsibility of client to verify all the information mentioned on the website. Some of the information may come as inappropriate or unsatisfactory. Any decisions made on the basis of the information mentioned on the website will be their own and they can not held the website responsible.
  2. The client agrees that the company can not be held liable for any damage whatsoever even if the company was informed and advised of any such damage. The company’s aggregate liability shall not exceed one hundred dollars ($100). The damage may happen due to:
    • Inability to use the services
    • Information provided on the website
    • Misinterpretation of any services
  3. The Company shall not be held responsible for any loss caused by the riot, war or any natural disaster or due to any such occurrences for which the Company is not responsible like traffic hold-ups, strike, lock-out etc.
  4. The liability of the company is directly proportional to the individual loss unless provided by the applicable laws.
  5. The company takes no guarantee for any results or outcome using the company's services as individual results may vary and it depends on the client's adherence to work.
  6. The Website may contain links which may direct the user to other websites which are not controlled by the Company. The company is not responsible for the content mentioned on other websites or any loss caused by following those websites.

12. Medical Disclaimer

  1. Before following any meal plan mentioned by the company, the client should consult with his/her doctor first.
  2. The company is not related with any medical organization neither it provides any medical assistance. The services offered by the company can not be interpreted as medical advice. The client will be held responsible to misinterpret any information as medical assistance.

13. Validity and Termination

  1. This Agreement will be effective as soon as the Client accepts and expresses consent to follow it. They will remain in effect unless terminated by the company.
  2. The Company can terminate the relationship with Client at any time if:
  • The Client does not agree with this Agreement
  • Client breaches this Agreement
  • Client provides incorrect information

14. Changes to Agreement

This Agreement, Terms & Conditions and privacy policy are subject to change. The company can add, modify or remove any item from the website and will notify the clients. The company may ask the client to acknowledge the updates by agreeing on new Terms and Conditions.

15. Communication

  1. Company's preferred mode of communication is Email. The client should have a valid and active email ID to maintain communication with the website and to know about the latest updates of the website. The client is requested to check the email regularly to follow the website.
  2. If it is required to provide the information on a durable platform, the company will send the email with an downloadable attachment which the client can save it on their person. It will be the responsibility of client to save the documents for any future reference.
  3. The clients can request a durable copy of this Agreement or any other document by contacting [email protected].
  4. The official language of website is English and all the communication with client will be made in English, unless the concerned party prefers to communicate in another language.
  5. The Client can contact the website any time by sending a mail to [email protected].

16. Dispute Resolution

  1. Governing Law – This Agreement is governed by the laws of India regardless of Client’s location.
  2. Informal Dispute Resolution – Any dispute or complaint concerning the service of the company should be first addresses by contacting on [email protected]. The company may take upto 14 days to reply and acknowledge the complaint. If the issue is not resolved within 30 days, the client can file a formal claim.
  3. Arbitration – All the arguments and claims shall be solved through a neutral arbitrator and not in the court or by a jury. Some disputes can be resolved by Small Claims Court also.
  4. The client agrees that the arbitrator for the dispute will be on a individual basis and the class arbitrators are not permitted.
  5. The client can opt out of this agreement to use the arbitrate by emailing at [email protected] with their name 5 and address within 30 days of accepting the offer.
  6. The complete arbitration will be handled by the American Arbitration Association under the Consumer Arbitration Rules. The Client can access these Rules online at https://www.adr.org/consumer. The arbitrator’s decision will be final and binding.

17. Miscellaneous

  1. Clients can not assign rights of this Agreement to a third party without having the prior consent of the Company. The Company can assign its rights and obligations mentioned here to any third party.
  2. If a part of this Agreement is found to be unlawful, invalid, or unenforceable then that part shall be deleted from the the Agreement, which shall act to be valid.
  3. The use of any of the services mentioned on the website is solely at client's own risk. The company offers no warranty that the website or services mentioned in it will meet client's requirements and expectations, or would be secure, uninterrupted, timely, accurate or, complete. The company does not claim to cure any disease nor to prevent one. If the client is unsatisfied with the website, he/she can cease to use it.
  4. By accessing the website or using the services offered in it, the client hereby acknowledges and agrees that he/she has read the agreement and agrees to follow its terms and conditions.

18. Plan Terms & Condition

When you Agree to the Terms & Conditions and Privacy policy you also agree to be charged $38/ every three months if you chose this plan or $49 every six months if you chose a six-month plan. You will be charged $75 every year if you go with a yearly program with us. You will be charged now and every 90,180,365 days as per the program you chose. The charges will be deducted until you cancel the subscription or when the subscription will automatically expire. You will receive an electronic notification 3 to 5 days prior to any transaction and a receipt after each successful transaction. You can cancel anytime by simply mailing [email protected] for the cancelation or refund. You can talk to the support through our Chat system too for quicker solutions.

Company : Nellies Gadgets Inc
Address : 15-2660 Pahoa Village Rd, Ste 105 Unit 908, Pahoa, HI 96778
Support : [email protected]