For the purposes of this document, “nutrition in your pocket” and its associates will be referred as “NIYP” as an abbreviation.
Our service
Our service consists of advice through membership.
In more detail:
NIYP Membership:
This service requires no extra applications nor extra materials except your mobile phone. Once you subscribe to NIYP you will receive an email with the instructions on how to proceed.
You will continue to have access to our services, which will:
Give you access to nutritional information for different foods and recipes.
You will have access, using chat, to our coaching team who will answer questions about diet and nutrition, but note that they do not provide medical advice.
Ordering the service
You place an order for the service when you press the “subscribe” button. When you order the service, you will be given a number of alternatives including how long each period of your membership may be (eg 1-month or 12-months) and the frequency with which you will be making payments.
We reserve the right to accept or reject orders for any reason. The price of the service is that indicated when you made your purchase (but see the fees section for information about price increases).
If we accept your order, we will send you an acceptance email, at which point a contract will exist between us under the terms set out on this page.
Once you have purchased the service, you may be asked to complete an initial questionnaire to check your eligibility; start the collection of Information and arrange for us confirm you are indeed within the terms of the contract.
Eligibility
In order to use our service, you must meet the following eligibility criteria:
You are at least 18 years of age. Or you have permission and supervision from your legal guardian to use our services.
You have not had a heart attack (myocardial infarction), stroke/transient ischemic attack, or major surgery in the last two months.
You have a body mass index (BMI) of at least 16.5 kg/m2.
You will inform us regarding any allergies and or intolerances that may affect your health.
If you are being treated for chronic medical conditions (including type 1 diabetes or type 2 diabetes), you have checked with your treating physician that this service is safe for you.
You may not use our service unless you meet these eligibility criteria.
Fees and charges
NIYP charges for Membership.
Payment for membership is by subscription, starting when your membership starts and then payable at the frequency described in your order for example: monthly or annually.
We may change the membership fee for a subsequent period of membership by giving you at least 30 days’ notice of that change.
Duration of Membership
Your membership will continue indefinitely unless and until you or we cancel it. This means, you will be billed in advance for each period.
You may cancel at any time (by texting us directly or emailing general@nutritioninyourpocket.com), refunds will be given if requested but only within the first 30 days of subscription (not affected by intervals between subscriptions).
How we accept payment
We may collect payments from you directly or we may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”). At present we use Stripe as our Payment Processor.
The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by the Payment Processor. You authorise us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we or the Payment Processor make even if we or the Payment Processor have already requested or received payment.
Payment method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Up-to-date information: You must provide current, complete and accurate information for your Billing Account when you order the NIYP Service. You represent and warrant that you are authorised to use such a credit card or payment method. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your payment method is cancelled or if you become aware of a potential breach of security. If you would like us to change such information, please contact us through chat or email. If you fail to provide any such information, you agree that we may continue charging you for any unpaid fees under your Billing Account. You agree that we may pass your credit card information and related information about and identify you to our designated service providers for their use in charging you for the Service ordered by you. All charges are inclusive of VAT.
Returns and Refund Policy
Membership
You may cancel your membership at any time. Refunds will be given if you decide to cancel your membership for the first 30 days of your first membership and only if requested by email to general@nutritioninyourpocket.com. This means Refunds will not be given for any reason if you resubscribe. NIYP team and members reserve the right to deny a Refund if suspicion of abuse is noticed. This includes, but not limited to, using different email, phone numbers or addresses in order to appear as a new membership.
NIYP will stop providing any services the day of membership cancelation.
In exceptional circumstances, for example if you submit an order but are then told by your physician that you should not participate, NIYP may, in its absolute discretion, refund some or all of the fees you have paid even if the 30 days have passed.
Any requests for a refund should be made to general@nutritioninyourpocket.com.
Warnings
Possible Risks
Please be aware of the potential risks associated with using a service like ours. These include:
You may feel discomfort or unwell when applying changes to your lifestyle.
Exercises and all physical activity may involve risks of bodily harm. You agree that NIYP cannot be held responsible for any personal, physical or psychological damages.
You may receive nutrition suggestions indicating foods or supplements to which you are allergic or sensitive. If you have a known or suspected allergy or sensitivity, you should not follow those suggestions.
A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions.
Some survey questions may make you or your family members uncomfortable.
You may learn information about yourself that prompts you to follow up with a healthcare professional. We cannot be responsible for what happens after that.
You may find out information about yourself that will cause you to worry or become anxious.
No Doctor-Patient relationship and not medical advice
The results and advice provided by NIYP are for informational purposes only. NIYP is not a medical professional, and NIYP does not provide medical services or render medical advice. Nothing contained in the results should be construed as such advice or diagnosis. The information and reports generated by NIYP should not be interpreted as a substitute for consultation with a doctor, and the information made available on or through the Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
It should go without saying that there will not be a doctor-patient relationship between you and NIYP or any of its members.
If you are being treated for an illness, are pregnant, have any food-related allergies, taking prescription medication or following a therapeutic diet to treat a disease, you should consult your doctor before using the NIYP Service. If any information you receive or obtain from using the Service that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
Coaching & Support Team
As part of the service, you may interact with our Coaching and Support team. They will assist you in completing the tests appropriately, help you understand the Results, and optionally assist you in optimising your nutrition-related objectives.
What they cannot do is provide medical, mental health or any other type of health service. The team does not conduct psychotherapy or mental health counselling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. They are no substitute for, and are not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practising medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
Coaching is designed to provide Customers with education, information and individual support regarding nutrition-related issues, lifestyle and objectives. NIYP’s Customer Support Team may provide general information about issues related to nutrition and support Customers in achieving, maintaining and optimising nutrition-related objectives.
NIYP’s Customer Support Team are not allowed to engage in rendering any type of psychological or healthcare advice for any individual or their particular situation. Under no circumstances will any of your interactions with any NIYP Customer Support Team member in your use of the Service be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.
NIYP members are independent professionals that have been trained and educated to provide, to the best of their knowledge, information deemed important and /or necessary for your well-being. However, NIYP or its affiliates cannot be held responsible for views, opinions, criminal acts or otherwise offensive, intentional or otherwise, words and/or actions by its members.
Food Database Disclaimer
As part of the Service, NIYP maintains a food database that contains nutritional information. This information is derived from a number of sources — some of them more reliable than others — but all of them outside our control. We therefore cannot guarantee the accuracy of any information in the food database.
We have attempted to give the information a score, representing our estimate of its reliability. We explain how this works in detail on a separate page. This represents our best guess as to the reliability of the information. We do not guarantee it will be right, and you should approach all such information with proper caution.
Your Account
Only you are permitted to use the account and you must not share your password with anyone else unless because of a disability or ill health you need someone else to access your account on your behalf.
You are responsible for any use made of your account.
You are also responsible for ensuring that the email address and phone number associated with your account is valid and capable of receiving email and texts. We are entitled to assume that any email successfully sent to your email address has been received by you.
When you create a NIYP account (“Account”), you are required to provide certain Customer Information about yourself (e.g. name, email address, mailing address, password, and payment information) (collectively, “Customer Information”). You must provide accurate and complete Customer Information and update such information from time to time using your Account as necessary to keep your Customer Information current and accurate. You are responsible for maintaining the confidentiality of your Customer Information and password and for restricting access to such information and to your computer or other electronic devices. All activities that occur under your Account or password will be your responsibility.
You agree to immediately notify NIYP of any unauthorised use of your password or Account or any other breach of security. You agree that NIYP will not be liable for any loss or damage arising from your failure to comply with this Section.
At registration and at various stages of using the Service, you will be prompted to accept these Terms and Privacy Policy indicating your affirmative acceptance of these legal documents.
Unlawful and Prohibited Use Policy
As a condition for using the Service, you represent and agree not to engage in any of the following activities:
Non-personal use of the Service or the Materials;
Resale of the Service or Materials;
Distribution, public display or performance of any of the Materials;
Copying, modifying or creating derivative works of any part of the Service or the Materials;
Use of automated or similar means to download data from the Service, including without limitation crawlers, spiders, robots, or data mining tools;
The download or copying (other than browser page caching) of any part of the Service, or any part of the Materials, except as expressly permitted by NIYP;
Attempt to gain unauthorised access to NIYP’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service;
Collection or harvesting of any personal information including, but not limited to, company and individual names, domain names or account names, from the Service;
Using any part of the Service for unauthorised commercial solicitation purposes;
Use of any part of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
Impersonation, falsification of identity, or misrepresentation of your affiliation with any person or entity;
Use of the Service where Service use is not permitted;
Modify or disguise the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
Use any content in the Service or Materials, or any promotional materials for the Service, for unauthorised advertising, or in connection with any offer to sell or buy any goods or service except as permitted by law;
Unauthorised use of branded trademarks, trade names, and key words associated with the Service or Materials in online media that amounts to false association and/or cause consumer confusion;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of NIYP or our Service or Materials;
Upload or transmit any content that you do not have a legal right to transmit (such as proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.);
Violate these Terms, or any code of conduct or other guidelines which may be applicable for a particular area of the Service or have been provided or shared with you in connection with the Service;
Use of the Service or Materials other than for their intended purpose; or
Intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law.
Termination
We may terminate this agreement without notice if:
You breach any term of this agreement
NIYP believes it is required to do so by law
But if we terminate this agreement for any reason that is not your fault, we will repay pro rata for any period of your membership that is left unused.
We may also terminate this agreement at the end of any period of your membership by giving you at least 30 days advance notice.
Any termination of this agreement:
Ends all rights and licences granted to you under these terms, including access to the NIYP app.
Does not affect any obligations under these terms that accrued prior to termination or any terms which by their nature should survive termination including, without limitation, terms related to intellectual property ownership and restrictions, disclaimers, the user content Licence, governing law and jurisdiction.
After termination, NIYP reserves the right to exercise whatever means it deems necessary to prevent your unauthorised use of the Service and also to delete any information associated with your account. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Service.
User Content
Some features of our Service may include functionality enabling you to submit or post material to be viewed by other users of our Service, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, food data, photos, and videos – all of which we refer to as “user content”. You are solely responsible for all user content.
NIYP, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any user content, or any part of it. This could include redaction of that content. NIYP also reserves the right to disclose any user content as necessary to satisfy any applicable law, regulation, legal process or governmental request. NIYP has no obligation to preserve user content and may, for example, delete all existing user content. If you wish to preserve user content, you should ensure that you make your own copy of it.
In using the service, you agree not to post any User Content that
is false, deceptive, deceitful, misleading, unauthorized, unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
may expose NIYP to any harm or liability of any type;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service.
By contributing user content, you grant NIYP and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, freely transferable and sub-licensable (through multiple tiers) non-exclusive right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialise, share with third parties, transmit or distribute over public network and media, and create derivative works of such user content in order to exercise any right or carry out any obligation under these terms, or for any other purpose in connection to the provision, promotion or development of our services.
You represent and warrant that:
you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted in these Terms;
the user content is accurate and not misleading;
distribution of the User Content you supply in accordance with your direction does not violate these Terms; and will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.
Recipes
In order to better help members discover amazing recipes, we share recipes imported by members with other members. If you have any concerns about a recipe hosted by us, please contact general@nutritioninyourpocket.com. If you specifically want to file a formal notice under the US Digital Millennium Copyright Act because you believe a recipe has been shared in breach of your copyright, you may contact our copyright agent at general@joinNIYP.com. Please see the section headed how we deal with copyright infringement in our terms for more details.
Intellectual Property
Trademarks
All NIYP trademarks, service marks, trade names, logos, domain names, and any other features of the NIYP brand are the sole property of NIYP, NIYP’s Affiliates, or NIYP’s licensors. These Terms do not grant you any rights to use any NIYP trademarks or brand features whether for commercial or non-commercial use. Unless you have specifically agreed otherwise in writing with NIYP, nothing in these Terms or Service gives you a right to use any NIYP marks and you agree not to display or use NIYP marks in any manner.
You may not remove, obscure, or alter any proprietary rights, marks, or notices that may be affixed to or contained in the Service.
Software
The Service, and all designs, text, graphics, pictures, images, content, videos, information, data, and software contained in or comprising the Service (including NIYP’s Website and Apps), except for the user content as defined above, is the property of NIYP, NIYP’s Affiliates or NIYP’s licensors and are protected by copyright, trademark laws, patent, and other intellectual property laws in applicable jurisdictions.
Your rights in any NIYP software you use (including the NIYP Website and Apps) (“Software”) that is not accompanied by a separate licence agreement are governed by and subjected to the licence granted in these Terms. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed in writing between you and NIYP. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NIYP for use in accessing the Service. Any rights not expressly granted herein are reserved.
Licence to Use
Subject to your compliance with these Terms, NIYP grants you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Service and the Materials. This licence shall remain in effect until and unless terminated by you or NIYP. You agree to use the Service for your own personal, non-commercial use and will not redistribute or transfer the Service or any of the Materials.
Food database
Information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of NIYP.
Miscellaneous
Contacting each other
Where these terms require you to contact us (for example, where they require you to give us “notice”), you must do so by email to general@nutritioninyourpocket.com.
We may give you notice by sending an email to the address registered to your account. You are responsible for ensuring that you are able to receive and check emails at that address.
Changing these terms
We may change these terms by giving you at least 30 days warning (in the app or by email) and publishing the new terms on our website for you to consider. For terms which do not negatively affect your existing use of our services, for example where we are simply introducing a new feature or service and defining the terms on which it may be used, the new terms will take effect after 30 days. Otherwise, the new terms will not take effect until the next renewal of your membership, meaning you can terminate your membership if you do not want to continue.
Governing Law
This agreement shall be governed by English law and the courts of England shall have exclusive jurisdiction to settle any dispute arising out of it.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service Account, in any way (by operation of law or otherwise) without NIYP's prior written consent. NIYP may transfer, assign, or delegate these Terms and its rights and obligations without consent.
Failure to enforce
Any failure by NIYP to enforce its rights on one occasion does not mean it may not enforce other rights, or the same rights on other occasions.
Circumstances beyond our control
NIYP is not responsible for any failure to perform any of its obligations under this agreement if they are caused by circumstances beyond its reasonable control.