Terms of Service

Terms and Conditions - Nutrionika LLC

1. YOUR ACCEPTANCE

The following terms and conditions relate to the provision of any services or sale of nutritional products (including all physical products and any downloadable material) from the NUTRIONIKA LLC website ("Site") ("Products") ("Terms and Conditions"). These Terms and Conditions constitute an agreement between NUTRIONIKA LLC, Registration Number 2020-000928128 ("NUTRIONIKA", "us", "we", "our"), the owner and operator of the Site, and you ("you", "your" or "user(s)"), a user of the Site and/or purchaser of Products ("Agreement").

By using or accessing our Site or purchasing any Products, you agree to be bound by this Agreement, our Terms of Use, Privacy Policy, and Returns Policy. We may amend this Agreement, our Terms of Use, Privacy Policy, and Returns Policy, and we will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, our Terms of Use, Privacy Policy, or Returns Policy (or any subsequent amendments), you must cease using or accessing our Site and the purchase of any Products immediately.

Users must be 18 years or older to purchase any of our Products or use our services.

2. INFORMATION DISCLAIMER

All information provided on our Site has NO WARRANTY whatsoever. The information and statements are not intended to diagnose, treat, cure, or prevent any disease. We do not guarantee that any information on or linked to this site is complete and/or accurate. All content on the Site, including information about health conditions, supplements, and treatments, is for informational purposes only. This information is often presented in summary or aggregate form.

Professional advice is required for any illness, disease, infection, injury, or other medical condition and for the appropriate dosages of dietary supplements. This information is not to be considered as medical advice. None of our products are intended to treat, prevent, or cure any medical condition. You take full responsibility for how you use this information and for any consequences that result from your actions.

The content on this Site is not intended nor should it be implied as a substitute for professional medical advice or any information contained on product labels or packaging. Always consult a healthcare professional (e.g., pharmacist, general practitioner, or qualified health provider) when starting any new health treatment or dietary supplement, continuing any treatment, or if you have questions about your own or others' medical conditions.

NOTHING CONTAINED ON OUR SITE IS INTENDED TO BE OR SHOULD BE TAKEN AS MEDICAL DIAGNOSIS OR TREATMENT.

ALWAYS READ THE LABEL and USE ONLY AS DIRECTED.

USE OF ANY DIETARY SUPPLEMENTS should always be accompanied by a healthy, balanced diet and regular physical activity.

DIETARY SUPPLEMENTS ARE NOT A SUBSTITUTE FOR GOOD NUTRITION OR A BALANCED DIET, and they are not superior to, or more beneficial than, nutrients obtained from food.

NORMAL HEALTH MAY NOT BE AFFECTED BY TAKING DIETARY SUPPLEMENTS.

3. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE

All content on our Site is for informational and educational purposes only.

Any statements appearing on our Site have not been evaluated by any national or international regulatory agencies.

None of the content or Products offered on our Site is intended to diagnose, treat, alleviate, or relieve any medical or health conditions, nor do they guarantee any particular outcome or results.

The Products and content on our Site are not a substitute for professional advice provided by your doctor or other healthcare professional.

You should always speak with your doctor or healthcare professional before starting any new dietary supplements, adopting a treatment for a health issue, or beginning a new fitness or dietary regimen, or purchasing any of our Products.

If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition, or if you are pregnant or breastfeeding, you should contact your healthcare provider before purchasing or using our Products.

Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider based on information you have read on our Site.

You should be in good health and physically fit when using our Products. Failure to be in good health may result in adverse health consequences.

Please seek medical advice regarding your health conditions and physical fitness.

If at any time you notice any unexpected changes to your health (physical, mental, or emotional), you should seek medical attention immediately.

4. NUTRITIONAL INFORMATION

Nutritional information provided on our Site is based on research. However, you should carefully assess its accuracy, completeness, and relevance to your health circumstances before relying on it. We do not guarantee that the information is free from errors or suitable for your needs.

Nutrient data published on our Site may represent averages of the nutrient content of specific samples of foods and ingredients, which may vary between batches and brands.

5. FITNESS LEVEL

Persons with pre-existing medical conditions, in poor health, or with any concerns about starting a new fitness regimen or using dietary supplements should consult with an appropriate healthcare professional before beginning any fitness or nutritional supplement program. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site. Dietary supplements available on our Site may not be suitable for your particular circumstances and are not a substitute for obtaining specific advice from a qualified healthcare professional.

By purchasing any of the Products available on our Site, you acknowledge that you are doing so voluntarily, and depending on your individual circumstances, there may be risks to your health. You further acknowledge that these risks may result from your own actions or omissions, those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of purchasing our Products. This is a risk warning under relevant consumer law.

You assume all risks related to your selection, use, and consumption of any Products available on our Site. To the extent permitted by law, we exclude any express or implied warranties of fitness for a particular purpose or merchantability. WE DO NOT GUARANTEE THAT THE USE OR CONSUMPTION OF ANY PRODUCTS WILL ACHIEVE ANY PARTICULAR RESULTS OR THAT OUR PRODUCTS ARE RIGHT FOR YOU. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROFESSIONAL BEFORE CONSUMING OR ADMINISTERING OUR PRODUCTS.

6. TESTIMONIALS

Please be aware that testimonials provided on our Site may not reflect the results that you will achieve. Your experience may vary, and results may not be identical to the experiences shared in the testimonials.

7. PERSONAL INFORMATION

We are required to collect personal information from you as reasonably necessary to provide you with our services, in accordance with our Privacy Policy. This information may include your personal details such as name, email address, and ZIP code, along with certain health information, which may include your age range, height, weight, exercise levels, biochemistry, medical history, medication, and supplement use. We acknowledge and agree that this information is confidential and will be used solely for the purposes of providing our services, unless otherwise required by law, as set out in our Privacy Policy.

You warrant that the personal information and health information you provide to us is truthful, accurate, current, and complete to the best of your knowledge or belief. We accept no liability if you fail to provide truthful, accurate, current, or complete personal information or health information.

By agreeing to the terms and conditions contained in this Agreement, you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at support@fit4me.io with "unsubscribe" in your email's subject.

8. USER ACCOUNTS

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you ("Login"). Each time you use your Login, you will be deemed to be authorized to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred on our Site through such access or use of your Login.

You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our Site's security that you may be aware of.

9. PAYMENT

We use secure online payment systems, including Stripe and PayPal.

In order to purchase any of our Products, you will be required to provide your credit card information. Please be aware that all credit card information may be shared with our third-party payment processors. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.

All orders must be prepaid. Orders will only be shipped or available for download (for electronic products) after full payment of the total amount is cleared.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or complete payment or personal details, or for any losses suffered as a result of fraudulent or unauthorized use of credit cards.

The prices for Products provided under this Agreement will be as set out on our Site at the time you offer to purchase the Products. All prices are in USD unless otherwise stated and include applicable taxes.

From time to time, we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any payment issues, do not hesitate to contact us at support@fit4me.io.

All Products available from our Site are subject to consumer protections under relevant consumer laws.

10. DELIVERY AND SHIPPING OF PRODUCTS

Products available from our Site are subject to the terms and conditions contained in this Agreement. Our shipping terms are available on the checkout page.

We make every effort to ensure our product descriptions are as accurate as possible based on the information provided to us. However, should an error occur, we reserve the right to correct our description.

Images are for illustrative purposes only and may not exactly match the actual product.

Due to product demand, NUTRIONIKA LLC products may not always be available. If no products are available, we will contact you and inform you of product availability and estimated delivery times. Although our products may be delayed or momentarily unavailable, you agree that we may still charge your credit card and ship NUTRIONIKA LLC products when they become available.

We reserve the right to limit the quantities of any products purchased through our Site.

Orders are shipped within 1-2 business days of receiving your confirmed order/payment.

We currently ship only to street addresses in the USA and internationally. Freight/shipping costs are calculated based on your address and will be provided at checkout before payment.

11. REFUNDS AND CANCELLATIONS

Your rights to a refund or replacement (if applicable) are as prescribed under the relevant consumer protection laws.

In the event of any defect with any Product(s) that you have purchased on or through our Site, your remedies will be as prescribed under applicable consumer law, and our liability will be limited to the replacement of the Product(s) in question (where applicable), or a refund to the value of those Product(s). If you believe any of the Products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at support@fit4me.io.

12. RETURNS

Please refer to our Return Policy. We do not offer refunds for change of mind returns.

13. CONTACT INFORMATION

For any questions or concerns, please contact us by email at support@fit4me.io or call us at +1 (307) 316-9067.

14. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD

EXCEPT AS EXPRESSLY STATED HEREIN, NUTRIONIKA LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, NUTRIONIKA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THE CONSUMER GUARANTEES OUTLINED UNDER RELEVANT CONSUMER PROTECTION LAWS. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO NUTRIONIKA LLC ARISING FROM ANY PRODUCT SOLD ON OUR SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL NUTRIONIKA LLC, ITS RELATED ENTITIES, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:

(a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or

(b) fraudulent misrepresentation; or

(c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than USD$100 or the total amount you spent while using our Site, Services (and any products) within the last six months, whichever is greater.

15. INDEMNITY

You agree to defend, indemnify, and hold harmless NUTRIONIKA LLC, its officers, directors, employees, agents, and its related entities, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to our Site and your use of any Products;
  • your violation of any term or condition of this Agreement;
  • your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  • any claim that your use of the Products caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorney's fees, court costs, and disbursements, including in relation to the settlement of any claim.

16. PRIVACY AND CHILD PROTECTION

We comply with all applicable privacy regulations and protect personal and health-related information in accordance with the laws of the United States. Our Privacy Policy outlines how we collect, use, and protect your data.

17. CHOICE OF LAW

This Agreement is governed by the laws of the state of Wyoming, USA.

18. FORUM OF DISPUTE

Any dispute arising from this Agreement will be resolved in the courts of Wyoming, USA.

19. FORCE MAJEURE

Nutrionika LLC is not liable for any failure to perform due to circumstances beyond our control, such as natural disasters, war, terrorism, labor shortages, or any other unforeseeable events.

20. SEVERABILITY

If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

21. NON-WAIVER

Our failure to enforce any provision of this Agreement does not waive our right to enforce that provision in the future.

22. ASSIGNMENT

You may not assign your rights or obligations under this Agreement without our written consent. We may assign our rights and obligations at our discretion.

23. AMENDMENTS

We may amend this Agreement from time to time. You will be notified of any changes via email or by updating this page on our Site.

24. ELECTRONIC COMMUNICATIONS

By using our Site, you consent to receiving electronic communications from us. All communications, notices, and disclosures will be provided electronically.

25. GENERAL

This Agreement, together with our Terms of Use, Privacy Policy, and Returns Policy, constitutes the entire legal agreement between the parties. It supersedes and replaces any previous agreements or understandings between the parties regarding the subject matter of this Agreement and any representations or warranties previously given.

If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the provision must be interpreted in such a way as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it will be severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the severed provision in any other jurisdiction.

No failure by either party to exercise, and no delay in exercising, any right under this Agreement will be considered a waiver of that right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not release the other party from strict compliance in the future with the same or any other obligation.

The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.