Terms & Conditions

This Agreement was last modified on July 29, 2014.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

We welcome your interest on nourishgenie.com - this is an affirmative step to a healthy you

As used in this Agreement the terms "you" and "your" refers to a visitor of the website as well as the users of paid services offered on nourishgenie.com and the terms "us", "our" and "we" refers to “Pooja Makhija’s Nourish ™" having its office at 295, Premodyan Cottage,9th Road, Behind Titan showroom,Off Linking Road, Khar West,Mumbai – 400052, Maharashtra, India. Sanya Makhija is the licensee of the authorised licensee of the trade marks Nourish Genie ™ and  Pooja Makhija’s Nourish ™.

If you do not agree with this Agreement, please close your browser window to close and not view nourishgenie.com online service.

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. This Agreement may be modified occasionally, so kindly check this page regularly. By using this website nourishgenie.com(also referred in this Agreement as the "Website") after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Website and/or our products and services and you should arrange to cancel any registered user account or subscription with us.

Your failure to follow the terms of this Agreement may result in immediate termination of your access to nourishgenie.com online service, as well as resort to other legal remedies available to us.

I. Scope of Agreement

Unless we indicate otherwise, this Agreement applies to your use of the Website. Any other links or access to sites shall be governed by the respective terms applicable to them.

II. Health Disclaimer

This Website and Subscribed Services (defined below) provide assistance to you in your personal weight efforts. Pooja Makhija’s Nourish ™ or nourishgenie.com is not a medical organization and our staff cannot and do not give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and emails created by us for you are for guidance purposes only and are not a substitute for physician consultation, evaluation, or treatment. Weight Loss/Gain  is a combination of several factors and nourishgenie.com does not guarantee weight loss/gain or any other benefits merely based on subscription or use of the services offered.You are urged and advised to seek the advice of a physician before beginning any weight loss/gain effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of loss/gain effort or regimen.

If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to show the nourishgenie.com meal plan to your physician. Any modifications made to the plan by your physician should be followed.

Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.

III. Links

Our Site may contain links to third-party sites that are not owned or controlled by Pooja Makhija’s Nourish ™.

Pooja Makhija’s Nourish ™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

IV. Information shared by users is their own

nourishgenie.com or Pooja Makhija’s Nourish ™ does not endorse, support, sanction, or agree with the information or statements shared by users in interactions with other users. Such information or material, including advice and opinions, is the view and responsibility of those users and does not represent the view of nourishgenie.com or Pooja Makhija’s Nourish ™ 

V. Access to the Website

1. You may choose to visit the Website as a visitor or a registered user of nourishgenie.com or Pooja Makhija’s Nourish ™ or as a user of Subscribed Services (as defined below)

2. You agree upon registration to provide accurate and complete details including name, age, sex and e-mail address information, and to promptly update this information from time to time as needed.

3. Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided hereon, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or the Subscribed Services. The user account and password are for your own personal use, and your subscription is only valid for your personal, noncommercial use and shall not be shared with others. You also understand that the information shared with you is for your personal use only and may not be suitable or applicable to others.

4. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Subscribed Services, including, but not limited to, (i) restricting the time the Website and/or subscription is available, (ii) restricting the amount of use permitted (iii) restricting or terminating any user's right to use the Website and/or any Subscribed Services, and (iv) restricting or modifying in any manner any products or services that are available with the Subscribed Services. You agree that any termination or cancellation or modification of your access to, or use of, the Website and/or our Subscribed Services may be effected without prior notice.

5. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately stop your visit to the Website, deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or Subscribed Services. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or Subscribed Services by us, except for a prorated refund of any fees or charges for any unexpired period of use. There shall be no refund of fees in the event the services are terminated by you.

6. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Subscribed Services made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website or subscription is to cancel or terminate your Subscribed Services or registered user account.

7. You agree that the Website and any subscription shall be used in a reasonable and lawful manner only and that communications will not be obscene, indecent or offensive in any way. You agree to refrain from conduct that would constitute a criminal offense or give rise to a civil liability, or that otherwise violates any law or regulation. You agree and acknowledge that your failure to abide by these Terms may subject you to civil and/or criminal liability.

8. Certain portions, components, content and features of this Website are only available to individuals who purchase services as available from on the Website from time to time (Subscribed Services). As a subscriber to the Subscribed Services, you agree:

a. To pay for in a timely manner any fixed and periodic charges and fees required for the Subscribed Services along with any applicable taxes. Unless payments as required are received by nourishgenie.com or Pooja Makhija’s Nourish ™ the Subscribed Services shall not be available to you. nourishgenie.com or Pooja Makhija’s Nourish ™  shall not be responsible for any non-receipt of fees on account of any faults in the payment gateway or internet connection or postal delays. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

b. To pay the fees for the Subscribed Services along with any applicable taxes in advance. The fees are non-refundable regardless of whether you logged onto our Website or used the Subscribed Services.

c. To be responsible for all charges and fees associated with connecting to the Website and the Subscribed Services, including without limitation all telephone access lines, internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access Subscribed Services.

d. To provide us with true, accurate and complete information as required by the sign up process ("Subscription Data") for purposes of your use of the Subscribed Services including identification and billing, including your legal name, address, telephone number, email address and as applicable billing information (e.g., credit card number and expiration date). You agree to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You shall accurately maintain and update the Subscription Data. Notwithstanding any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of Subscribed Services.. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.

e. The availability and use of our Subscribed Services may be limited based on demographic, geographic, health or other criteria as we may establish or change at our discretion. You understand and agree we may disallow you from subscribing to the Subscribed Services or may terminate your subscription the Subscribed Services at any time based on these criteria.

f. On revocation or termination of your registration not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.

g. To be fully responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You shall be entirely responsible for any and all activities which occur under your user account. You shall remain responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.

h. To not post on the service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the posting of any material by you shall imply that the copyright, trademark or other proprietary right in that material rests with you. You agree and acknowledge that you shall be solely liable for any action or damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any posting made by you.

i.A number of Service features, such as the feature allowing you to share diet information with friends, and  blogs, offer opportunities for sharing information with others (the "Interactive Features"). nourishgenie.com does not edit or control User Content that you and other users post to or distribute through the Interactive Features, and will not be in any way responsible or liable for User Content. nourishgenie.com does not vet or control the Users or other individuals that use the Service or Interactive Features. nourishgenie.com shall not be liable for any loss or damage that any person may suffer as a result of using Interactive Features. All users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.

No user of any Interactive Feature shall:

  •  use a Interactive Feature in violation of, or in connection with any violation of, any local, state, national or international laws;
  •  impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
  •  except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
  •  post any material more than once or "spam"; or
  •  engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, User Content, or the Service, exposes nourishgenie.com or any officer, director, employee or agent of nourishgenie.com to any liability or detriment of any type.

j. Service Restrictions.

No user of this Service shall submit, upload to, distribute through or otherwise post to the nourishgenie.com website (including any Interactive Feature) any material that:

  •  is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
  •  contains any advertising, promotional, solicitation or other commercial material;
  •  contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the  copyright doctrine of fair use;
  •  infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
  •  contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or  others; or
  •  contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or  telecommunications equipment.

Neither you nor any other party may, without our prior written permission, deep link to, frame, spider, harvest or scrape the Service or User Content, or otherwise access the Service or User Content for any purposes, or use any machine, electronic, web-based or similar device to read or extract the Service or User Content by machine based or automated means.

9. Postings to the interactive areas of nourishgenie.com online service are not private. All other information and material you supply is governed by nourishgenie.com Privacy Policy, which is accessible at any time from the bottom of any page on the site.

10. You acknowledge that nourishgenie.com has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.

11. nourishgenie.com reserves the exclusive and absolute right to delete, edit or block any postings, comments, information or statements, which it may in terms of its policy deem to be libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense.

VI. Indemnification

You agree to indemnify Pooja Makhija’s Nourish ™ and its affiliates, directors, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your postings, or from your use of material obtained through nourishgenie.com, or from your breach of this Agreement, or from your use of nourishgenie.com online service.

VII. Termination

Either you or nourishgenie.com may terminate or cancel your subscription to the Website or Subscribed Services at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy relating to the nourishgenie.com online service, including this Agreement and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through this Website or any change in content provided through the Website or on a Subscribed Service; (iv) your ability to access and/or use the Website or any Subscribed Service; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Subscribed Service, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Website (or part thereof) and/or our Subscribed Services. In the event of any termination or revocation of the Subscribed Services for any reason whatsoever by nourishgenie.com you shall only be entitled to a refund of the unexpired or unused portion of the fees after the date of termination. There shall be no refund of fees in the event the services are terminated by you.

VIII. NOURISHGENIE.COM Rights.

nourishgenie.com reserves the right (but is not obligated) to do any or all of the following:

(a) record User Content;
(b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
(d) monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor your use of the Service; or
(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.

nourishgenie.com has no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities

IX. Disclaimer of Warranty and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING NOURISHGENIE.COM ONLINE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND Pooja Makhija’s Nourish ™ AND ITS AFFILIATES OR EMPLOYEES OR DIRECTORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY MATERIAL ON THE SERVICE.

Pooja Makhija’s Nourish ™ AND ITS AFFILIATES OR EMPLOYEES OR DIRECTORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO NOURISHGENIE.COM ONLINE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE NOURISHGENIE.COM ONLINE SERVICE.

NEITHER  Pooja Makhija’s Nourish ™, ANY OF ITS AFFILIATES OR EMPLOYEES OR DIRECTORS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIBED SERVICES) IN NOURISHGENIE.COM ONLINE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Pooja Makhija’s Nourish ™ AND ITS AFFILIATES OR EMPLOYEES OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES ALLEGEDLY SUFFERED OR ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, OR THE SUBSCRIBED SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. THE LIABILITY, IF ANY, OF POOJA MAKHIJA’S NOURISH ™ OR ANY OF ITS AFFILIATES OR EMPLOYEES OR DIRECTORS SHALL BE LIMITED ONLY TO THE FEES PAID FOR THE USE OF Pooja Makhija’s Nourish ™NOURISHGENIE.COM ONLINE SERVICE.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

X.Notifications from nourishgenie.com through Mobile and Email

You will be required to enter a valid phone number and email address while registering on nourishgenie.com By registering your phone number with us, you consent to be contacted by Nourish Genie via phone calls and / or SMS notifications. The customer hereby unconditionally consents such intimation via SMS by nourishgenie.com in accordance with the "Do not disturb" guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India. nourishgenie.com will not use your personal information to initiate any promotional phone calls or SMSs.

XI. COPYRIGHTS

NOURISHGENIE.COM contains copyrighted material, trademarks, and other proprietary information including, but not limited to, photos, graphics, text, software, music, sound and videos. Pooja Makhija’s Nourish ™ owns all Intellectual Property rights in the collective and entire work placed on the service. You are prohibited from, and agree not to publish, copy, or in any way exploit, any of the content of the service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, publication, or commercial exploitation of material accessed or downloaded from NOURISHGENIE.COM will be permitted without the express written consent. In the event of authorized copying, redistribution or publication of copyrighted material, no changes in or deletions of author, trademark, or copyright notice shall be made. You agree that you do not acquire any ownership rights by copying or downloading copyrighted material. You hereby grant to Pooja Makhija’s Nourish ™ a royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display in India or any other part of the world any content posted on NOURISHGENIE.COM, in whole or in part.

NOURISHGENIE.COM reserves the right to terminate the access of users, subscribers, and account holders who infringe the copyrights of others. If you copy the literary work of someone else and post it on NOURISHGENIE.COM, and the copyright holder notifies us with proof of the violation, we will immediately remove any postings and you could be liable for damages.

XII. Jurisdiction

You agree that this Agreement shall be governed by and construed in accordance with the laws of India and jurisdiction for any legal action or proceeding shall be in Mumbai only. You expressly agree to submit to the venue of Mumbai courts.

XIII. Severability

If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.

XIV. Entire Agreement

This Agreement represents the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.

If you do not agree with the Terms contained in this Agreement, please exit the service now