1. INTRODUCTION
1.1. These General Terms and Conditions (the “Agreement”) govern the
entire relationship between you as the Client and the Company.
1.2. Before the Distance Contract is concluded, the Client will be
provided with the text of this Agreement electronically or in another
durable format. If this is not reasonably possible, the Company will
indicate, before the Distance Contract is concluded, in what way this
Agreement is available for the Client's review at the Company's
premises and that it will be sent free of charge to the Client upon
request.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE
ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES
THAT HIS/HER USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ
THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision that,
as further set forth in Section 17 below, requires the use of
arbitration on an individual basis to resolve disputes, rather than
jury trials or any other court proceedings, or class actions of any
kind.
2. DEFINITIONS
2.1. Unless this Agreement provides otherwise, the following terms
when capitalized shall have the following meanings:
(a) Agreement shall mean the agreement for providing Services
concluded online by the Company and the Client.
(b) Client shall mean the user of the Company’s Services as explained
in this Agreement.
(c) Company shall mean nocarbschallenge, responsible for providing the
Services and handling Client's inquiries, including refunds,
chargebacks, and customer support for the Services provided via the
Website.
(d) Offer shall mean the offer to enter into this Agreement for
Services provided by the Company to the Client through the Website.
(e) Privacy Policy shall mean the privacy policy of the Company
published on the Website.
(f) Services shall mean digital content provided by the Company to the
Client, including weight loss programs, fitness plans, and related
information available through the Website.
(g) Digital Content shall mean individual digital meal plans, weight
loss guides, workout programs, and/or other digital content sold
online by the Company.
(h) Distance Contract shall mean a contract concluded between the
Company and the Client within the framework of the system organized
for the distance sale of Digital Content.
(i) Website shall mean the website of the Company available at
nocarbschallenge.co
3. SUBMISSION OF THE OFFER
3.1. The Company will provide the Client with the possibility of
receiving an Offer.
3.2. The Client will be asked to provide certain information before
receiving the Offer by choosing provided options or typing requested
details. The Client is obliged to provide current, correct, and
comprehensive information.
3.3. Upon submission of the requested information, the Client will be
provided with the Offer, including details on:
3.3.1. Payment amount for the relevant Services.
3.3.2. Payment options: via credit card or other allowable payment
forms.
3.3.3. Other information the Company finds important.
3.4. ACCEPTING THE OFFER
3.4.1. The Client accepts the Offer once he/she ticks the box “I agree
with the Terms & Conditions” and presses the button “Submit Secure
Payment”.
4. DISTANCE CONTRACT
4.1. The Distance Contract will be concluded at the moment when the
Client accepts the Offer as indicated in Section 3.4.1.
4.2. As the Client accepts the Offer electronically, the Company will
confirm receipt of acceptance electronically. If the Client purchases
Digital Content, it will be provided to the Client's email address.
4.3. IN CASE THE AGREEMENT CONSISTS OF DIGITAL CONTENT WHICH IS NOT
SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT AGREES TO LOSE HIS/HER RIGHT
OF WITHDRAWAL OF THE AGREEMENT.
4.4. The Company makes reasonable efforts to ensure that Services
operate as intended, but does not guarantee uninterrupted, error-free
access.
4.5. From time to time, the Company may update, modify, or discontinue
the Services without prior notice. Such changes are at the Company's
sole discretion.
4.6. The Client furthermore agrees that:
4.6.1. He/she shall not access Services if under the age of 18.
4.6.2. The Client accepts full responsibility for any unauthorized use
of the Services by minors.
5. PAYMENTS
5.1. The price for Services will not increase during the period of
validity indicated in the Offer, except for VAT changes.
5.2. The Client agrees to:
5.2.1. Pay all additional costs, fees, and applicable taxes.
5.2.2. Use a valid credit card or other approved payment method.
5.2.3. Provide accurate payment information. Failure to do so may
result in suspension of the Services.
5.3. Payments are processed by third-party payment service providers.
The Company is not liable for payment disputes arising from
third-party services.
5.4. Prices are in US Dollars (USD) unless otherwise specified.
5.5. AUTOMATIC RENEWAL: Unless canceled, subscriptions will be
automatically renewed and charged using the Client's payment method.
5.5.1. If the Client does not wish for the service to auto-renew,
cancellation must be made at least 48 hours before the renewal date.
6. REFUND POLICY
6.1. The Company follows a no refund policy unless the Digital Content
is proven to be faulty.
6.1.1. Refund requests must be submitted within 14 days of purchase
with valid proof.
6.1.2. Approved refunds will be applied to the original payment method
within 14 business days.
6.1.3. By purchasing Services, the Client agrees to this refund
policy.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All intellectual property rights related to Services and Digital
Content are owned by the Company.
7.2. The Client may not reproduce, distribute, or publicly display
Digital Content without prior consent.
8. USE OF DIGITAL CONTENT
8.1. Digital Content is licensed for personal use only and not for
resale or redistribution.
8.2. The license for Digital Content is valid for 5 years from the
date of purchase.
8.3. The Client must not edit, reproduce, or distribute Digital
Content beyond personal use.
9. Sale of Digital Content Prohibited
9.1 The Client is prohibited from selling, offering for sale, sharing,
renting out, or lending Digital content, or copies of Digital content.
10. Privacy Policy
10.1 The processing of the Client’s personal data is governed by the
Privacy Policy. It is recommended for the Client to print and keep a
copy of the Privacy Policy together with this Agreement.
11. Indemnity
11.1 The Client will indemnify and hold the Company, its affiliates,
officers, directors, employees, agents, legal representatives,
licensors, subsidiaries, joint ventures, and suppliers, harmless from
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of the Client’s breach of this
Agreement or use of the Services, or the Client’s violation of any law
or the rights of a third party in conjunction with the Client’s breach
of this Agreement or use of the Services.
12. Liability
12.1 INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE
CLIENT’S USE, AND HE/SHE SHOULD VERIFY ALL INFORMATION BEFORE RELYING
ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE
WEBSITE OR MOBILE APP, INCLUDING INFORMATION RECEIVED THROUGH THE
CLIENT’S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.
12.2 THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY
SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
(EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES,
(ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE
MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES
OR MOBILE APP, (iv) CLIENT’S RELIANCE ON ANY OF THE SERVICES; (v) THE
INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION
THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST
OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE
CLIENT’S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S
AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE
SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
12.3 A party to the Agreement shall be released from responsibility
for non-fulfillment if it proves that this Agreement was not fulfilled
due to force majeure. In particular, the Company shall not be liable
for any losses caused by force majeure, riot, war, or natural events
or due to other occurrences for which the Company is not responsible
(e.g., strike, lock-out, traffic hold-ups, administrative acts of
domestic or foreign high authorities). The Client must provide written
notification of the occurrence of force majeure, which prevents the
fulfillment of this Agreement, within 30 calendar days from the date
of the occurrence of these circumstances. The Company shall inform the
Client about the occurrence of force majeure by e-mail or on the
Website or Mobile app if possible.
12.4 Pagina Atual LTDA is an administrator of the Website or Mobile
App and provider of the Services, responsible for managing
subscription services and payments for Services, refunds, and
chargebacks. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES,
UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
12.5 Due to the nature of Services that the Company provides and as
the Company cannot control the Client’s adherence to the provided use
instructions, the Company provides no warranty as to any results or
outcomes coming from using Services.
12.6 When using Services, the Client may receive links to other
websites or mobile apps that are not owned and/or controlled by the
Company. These are provided “as is.” The Client acknowledges and
agrees that the Company is not responsible for the operation of such
links. Furthermore, the Company is not responsible or liable for any
content, advertising, products, or other materials that may be
accessed through such links and therefore the Client agrees that the
Company shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with use or reliance on any such content, services
available on or through any such websites or mobile apps.
13. Refund Policy
13.1 All purchases are final. The Company does not offer refunds or
credits for unused or partially used services, unless required by
applicable law.
13.2 If a refund is mandated by law, the Client must submit a written
request to the Company, including all relevant transaction details.
The Company will process the refund within a reasonable time frame, as
required by law.
13.3 Chargebacks initiated by the Client without prior communication
with the Company may result in immediate termination of access to the
Services and the Company reserves the right to dispute such
chargebacks.
13.4 In case of a technical failure or error in the provision of the
Services, the Company will assess and determine the appropriate course
of action, which may include a refund or service credit at its sole
discretion.