1. Terms of Service
This agreement sets forth the terms and conditions of the User’s use of the Optimum Lifestyle Limited App (‘Application’). By using the Application, you, the User, agree to be bound by the terms of this agreement and Optimum Lifestyle Limited’s’ general terms and conditions.
The Application is a platform enabling Users to track their nutrition, upload recipes and associated user content.
In This Agreement:
“Account” means your account on this Application whether corporate, business or personal.
“OPTIMUM LIFESTYLE LIMITED”, “we”, “our”, or “us” means Optimum Lifestyle Limited, located at 801 The Birchin, 1 Joiner Street, Manchester, M4 1PH.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“OPTIMUM LIFESTYLE LIMITED Services” means services delivered by MyNutriCounter, including but not limited to utilising the mobile application services on multiple platforms.
“User”, “you” or “your” means any entity who uses the Application
“User Contract” means:
(1) this Agreement;
“Application” refers to the Applications operated by OPTIMUM LIFESTYLE LIMITED and any connected OPTIMUM LIFESTYLE LIMITED services, implements or applications.
3. System Requirements
3.1 In order to use the Application, the User is required to have a compatible device, internet access, and the necessary minimum specifications (‘Software Requirements’).
3.2 The Software Requirements are as follows:
The software requirements will be completed at the point of launch.
The User hereby acknowledges that these may change from time to time, without notice, and that we make no representations as to the accuracy of the Software Requirements defined in this clause.
3.3 The User may be required to obtain software and / or hardware updates or upgrades from time to time as may be necessary for the continued use of the Application.
3.4 The User hereby acknowledges and agrees that such system requirements as specified under this clause 1 remain their responsibility.
4. Service Delivery
4.1 The User acknowledges that given the nature of such Services, Optimum Lifestyle Limited cannot guarantee that the Services will be uninterrupted or error free.
4.2 Optimum Lifestyle Limited warrants that it will provide the Services with reasonable care and skill.
4.3 The User acknowledges that Optimum Lifestyle Limited gives no warranty or representation that:
4.3.1 The Services will meet the User’s requirements.
4.3.2 The Services will be provided on an uninterrupted timely, secure or error-free basis.
4.3.3 Any results obtained from use of the Services will be accurate, fit for your particular need, complete or current.
By registering on the site and downloading the Application, you acknowledge and agree to the subsequent terms with OPTIMUM LIFESTYLE LIMITED.
OPTIMUM LIFESTYLE LIMITED might change User Agreement along with any related material as required by posting amended terms on the Application.
Users must register for an Account prior to utilising our Services.
As you start utilising the Application, read the whole User Agreement, relevant terms and all related information.
7. Using OPTIMUM LIFESTYLE LIMITED
While using the Application, you will not:
i. post content or items in inappropriate categories or areas;
ii. infringe any laws, third party rights or OPTIMUM LIFESTYLE LIMITED policies;
iii. work with false, inaccurate, misleading, defamatory or offensive content;
iv. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
v. distribute viruses or any other technologies that may harm OPTIMUM LIFESTYLE LIMITED, the Application, or the interests or property of OPTIMUM LIFESTYLE LIMITED users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
vi. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the OPTIMUM LIFESTYLE LIMITED Application;
vii. copy, modify or distribute rights or content from the OPTIMUM LIFESTYLE LIMITED Application or OPTIMUM LIFESTYLE LIMITED ‘s copyrights and trademarks; or
viii. harvest or otherwise collect information about Users, including email addresses, without their consent.
You represent and warrant to OPTIMUM LIFESTYLE LIMITED that your content:
i. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
ii. will not violate any law or regulation;
iii. will not be defamatory or trade libellous;
iv. will not be obscene or contain child pornography;
v. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
vi. will not contain material linked to terrorist activities;
vii. will not include incomplete, false or inaccurate information about User or any other individual; and
viii. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Application contains links to other third party Applications and Websites. OPTIMUM LIFESTYLE LIMITED do not control the Applications to which we link from the Application. OPTIMUM LIFESTYLE LIMITED do not endorse the content, products, services, practices, policies or performance of the Applications which may link from the Application. Use of third party content, links to third party content and/or Applications is at your risk.
9. Your Content in OPTIMUM LIFESTYLE LIMITED Services
Some of OPTIMUM LIFESTYLE LIMITED Services permit you to submit, upload, send, store or receive content. You hold proprietorship of any intellectual property rights that you hold in that content.
When you submit, upload, send, store or receive content to or through OPTIMUM LIFESTYLE LIMITED Services, you give us (and those we work with) a worldwide license to store, use, communicate, host and distribute such content. The privileges you award in this license are for the purpose of operating, promoting, and improving our Services, and to develop new ones.
10. Account Terms
You are responsible for your account credentials and security and maintaining the security of these. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content added to the Application and activity that occurs within your account;
You may not use the Application for any illegal purpose or to violate any laws (including but not limited to copyright laws);
You are responsible for properly managing users of your account, all activity performed by your users;
You are responsible for assigning appropriate permissions and responsibilities to your users, managing these and any actions performed by your delegates.
11. Business uses of OPTIMUM LIFESTYLE LIMITED Services
If you are using OPTIMUM LIFESTYLE LIMITED Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify OPTIMUM LIFESTYLE LIMITED and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
12. Right to Refuse Service
OPTIMUM LIFESTYLE LIMITED might choose to close your account, at our sole discretion, including but not limited to the reasons outlined below:
if OPTIMUM LIFESTYLE LIMITED conclude that you are in breach of our terms and conditions, or are not acting on terms of this agreement;
i. if you breached a law;
ii. if you breached someone’s Intellectual Property Rights;
iii. if you engage in fraudulent or deceptive activities;
iv. if we are required to do so by law;
v. you might result in risk to us;
vi. you result in loss to us;
vii. you are offending or a risk to another user;
viii. for other similar reasons.
14 Additional Reservation of Rights
Optimum Lifestyle Limited reserves the right to change, add, subtract or in any way alter these Conditions without the prior consent of the User.
15 Data Protection and Consent
Optimum Lifestyle Limited gathers certain information about you. In this notice, references to ‘we’ or ‘us’ means Optimum Lifestyle Limited who are Data Controllers.
We may gather information directly from you or from third parties, such as service providers or agents.
You can withdraw your consent to the use of personal data for marketing at any time by contacting us at [email protected]
You will protect us (and OPTIMUM LIFESTYLE LIMITED directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the Application and Services.
17 Limitation of Liability
Under no circumstances shall OPTIMUM LIFESTYLE LIMITED be liable for:
I. any unintended, consequential, distinctive or related damages that might arise;
II. any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
III. any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Application.
The limits on OPTIMUM LIFESTYLE LIMITED accountability to you will be effective if OPTIMUM LIFESTYLE LIMITED or not, staff, OPTIMUM LIFESTYLE LIMITED affiliates, OPTIMUM LIFESTYLE LIMITED related entities or anyone else connected with us have been counselled of the likelihood of such damages or costs arising.
18 Definitions & Conflicts
Terms used but not defined herein shall have the meanings ascribed to them in the Optimum Lifestyle Limited general terms of service.
In the event there is a conflict between the provisions of the General Terms of Service the provisions of this Agreement shall control.
19 Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OPTIMUM LIFESTYLE LIMITED NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, OPTIMUM LIFESTYLE LIMITED DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. OPTIMUM LIFESTYLE LIMITED PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, OPTIMUM LIFESTYLE LIMITED EXCLUDE ALL WARRANTIES.
YOU AGREE THAT INFORMATION PROVIDED WITHIN THE APPLICATION IS OFFERED AS GUIDANCE ONLY. IF ANY INFORMATION IS FOUND TO BE INCORRECT OR MISLEADING, WE WILL TAKE APPROPRIATE STEPS TO RECTIFY THIS.
IT IS EACH USERS SOLE RESPONSIBILITY TO ENSURE THEY SEEK MEDICAL ADVICE PRIOR TO ENGAGING OUR SERVICES VIA THE APPLICATION. THE APPLICATION DOES NOT TAKE THE PLACE OF REGULAR MEDICAL CHECK UPS AND CANNOT ACCURATELY ASSESS YOUR INDIVIDUAL REQUIREMENTS. ALL RECOMMENDATIONS GIVEN IN THE APPLICATION ARE BASED ON GENERIC INFORMATION AS PROVIDED THROUGH GOVERNMENT AGENCIES FOR GENDER AND AGE BODY HEALTH.
20 Liability for OPTIMUM LIFESTYLE LIMITED Services
WHEN PERMITTED BY LAW, OPTIMUM LIFESTYLE LIMITED, AND OPTIMUM LIFESTYLE LIMITED’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OPTIMUM LIFESTYLE LIMITED, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF OPTIMUM LIFESTYLE LIMITED CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, OPTIMUM LIFESTYLE LIMITED, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
21 Jurisdiction Limitations
In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, OPTIMUM LIFESTYLE LIMITED reserve the right to request limitations to the maximum extent permissible by these laws.
22 Law and Forum for Legal Disputes
This Agreement will be governed in all respects by the laws of England, United Kingdom. If a dispute cannot be resolved then you and OPTIMUM LIFESTYLE LIMITED irrevocably submit to the non-exclusive jurisdiction of the courts of London, England.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.