1.1 This agreement between you, the Client, and Nuoo (referred to as we, us, the company, the website, or Nuoo), whose email is firstname.lastname@example.org and who provides services via the website or mobile app, governs the entire relationship.
1.2 Before concluding the distance contract, we will provide the Client with the text of this agreement electronically or in another durable format. If it’s not reasonably possible, we will indicate, before concluding the distance contract, the ways in which the Client can review this agreement at the company’s premises, and send it free of charge to the Client as soon as possible, upon request.
1.3 The Client is obliged to carefully read this agreement before accepting it and using our services. By using our services, the Client agrees that they have read, understood, and accepted the terms and conditions contained in this agreement.
1.4 This agreement includes a mandatory arbitration provision, further described in section 17 below. This provision requires that disputes be resolved through individual arbitration, rather than jury trials, court proceedings, or class actions of any kind.
2.1 The following terms capitalized throughout this agreement, including in the introductory part, unless otherwise specified, shall have the meanings ascribed below:
(a) Agreement: refers to the contract for the provision of services and/or goods concluded online between Nuoo and the client.
(b) Client: refers to the user of Nuoo’s services and/or the purchaser of goods as described in this agreement.
(c) Offer: refers to Nuoo’s proposal to provide services and/or goods to the client through the website or mobile app.
(e) Services: refers to the digital content provided by Nuoo to the client, including information, text, images, as well as accessibility to the website or mobile app.
(f) Digital content: refers to digital content or individual digital plans, and any other digital content sold online by Nuoo.
(g) Goods: refers to supplements or other physical products sold online by Nuoo.
(h) Distance contract: refers to the contract concluded between Nuoo and the client as part of a system organized for the distance sale of digital content and/or goods.
(i) Website: refers to the website available at www.nuoo.net.
3.1 Nuoo is pleased to offer clients the possibility of receiving a personalized offer.
3.2 To receive the offer, clients will be prompted to provide certain information. This can be done by selecting options or by entering requested details. Clients are obligated to provide accurate, up-to-date, and complete information as requested.
3.3 Once the client submits the information outlined in section 3.2, Nuoo will provide them with the offer. This offer will include the following information:
3.3.1 Payment amount for the relevant goods and/or services.
3.3.2 Payment options, such as credit card or other allowable forms of payment.
3.3.3 Other important information that Nuoo finds relevant to include in the offer.
3.4 Clients accept the offer by choosing a payment plan or method for the services.
4.1 The distance contract will be concluded at the moment when the client accepts the offer and as indicated in paragraph.
4.2.1 As the client will accept the offer electronically, Nuoo will confirm receipt of acceptance of the offer electronically. In case the client purchases digital content, such will be provided to the client’s e-mail address provided by the client or on the mobile app.
4.3 In case the agreement between Nuoo and the client 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 Nuoo makes reasonable efforts to ensure that services operate as intended, however such services are dependent upon internet and other services and providers outside of the control of Nuoo. By using Nuoo’s services, the client acknowledges that Nuoo cannot guarantee that services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The client expressly assumes the risk of using or downloading such services.
4.5 From time to time and without prior notice to the client, Nuoo may change, expand and improve the services. Nuoo may also, at any time, cease to continue operating part or all of the services or selectively disable certain aspects of the services. Any modification or elimination of the services will be done in Nuoo’s sole and absolute discretion and without an ongoing obligation or liability to the client, and the client’s use of the services do not entitle the client to the continued provision or availability of the services.
4.6 The client furthermore agrees that:
4.6.1 He/she shall not access services (including for purchasing goods) if he/she is under the age of 18;
4.6.2 The client will deny access of services to children under the age of 18. The client accepts full responsibility for any unauthorized use of the services by minors.
5.1 During the period of validity indicated in the offer, the price for the services and/or goods being offered will not increase, except for price changes in VAT-tariffs.
5.2 The client agrees to:
5.2.1 Pay all additional costs, fees, charges, applicable taxes and other charges that can be incurred by the client. Please note that for the goods orders, local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s own expense.
5.2.2 Purchase services and/or goods by using valid credit card or other allowed form of payment.
5.2 Provide Nuoo current, correct and comprehensive information as detailed in the purchase order form. If Nuoo discovers or believes that any information provided by the client is not current, inaccurate or incomplete, Nuoo reserves the right to suspend the service and/or delivery of goods at its sole discretion and client forfeits any right to refund paid amount.
5.3 After the client is transferred to the third-party payment service provider, the risk of loss or damages will pass to the client and/or third-party service. The client’s online credit or debit card payments to Nuoo will be handled and processed by a third-party payment service provider, and none of the sensitive data in relation to your payment will be stored on or used by Nuoo. Nuoo shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. Nuoo may change the third-party payment service provider from time to time.
5.4 All prices and costs are in US dollars unless otherwise indicated.
5.5 All goods remain Nuoo’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase.
5.6 For shipments outside the US, the client agrees and understands that the goods will be imported on behalf of the client. The client authorizes Nuoo to import the goods on his/her behalf. Further, the client agrees that Nuoo may delegate the obligation to import the goods on his/her behalf to a subcontractor. The client will pay the taxes & duties in addition to the purchase price of the goods, if applicable.
5.7 All transfers conducted through Nuoo are handled and transacted through third-party dedicated gateways to guarantee your protection. Card information is not stored, and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
5.8 In order to ensure that the client does not experience an interruption or loss of services or/and delivery of goods, the services and goods are offered on automatic renewal.
5.8.1 Except for reasons described below in this section, automatic renewal automatically renews the applicable service or delivery of goods upon expiration of the current term for a renewal period equal in time to the most recent service or goods delivery period. For example, if the client’s last service period is for one year, the renewal period will typically be for one year.
5.8.2 Unless the client cancels the subscription, Nuoo will automatically renew the applicable service or delivery of goods when it comes up for renewal and will take payment from the payment method associated with the order in the client’s account.
5.8.3 If the client does not wish for the service or/and delivery of goods to automatically renew, he/she may elect to cancel the subscription at least 48 hours before the end of the current period, in which case, the services will be terminated upon expiration of the then-current term.
6.1 As between Nuoo and the client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights related to the services and services-related content are owned by Nuoo.
6.2 The client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, or publish or otherwise make available the services including but not limited to digital content, in whole or in part without Nuoo’s prior written consent.
6.3 The client hereby grants to Nuoo a perpetual, irrevocable, worldwide, fully paid-up and royalty-free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her user content (except for user trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the client hereby waives any moral rights he/she may have in any user content. “User content” means any user trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the client uploads, transmits or submits through the services, or that other users upload or transmit. By uploading, transmitting, or submitting any user content, the client affirms, represents, and warrants that such user content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third-party rights, and that the client has permission from any third party whose personal information or intellectual property is comprised or embodied in the user content; and (c) free of viruses, adware, spyware, worms or other malicious code.
6.4 No part of this agreement is or should be interpreted as a transfer of intellectual property rights in relation to the services or services-related content, except as expressly set forth in section 7.1 below.
7.1 All intellectual property rights specified in article 7.1 and relating to digital content are owned by the company. Digital content is licensed pursuant to this section 7 and is not sold. The client will only be granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable license, subject to the terms and conditions of this agreement, to use (solely for the client’s individual use) any digital content provided by company to the client.
7.2 The term of this licence shall be for a term of 5 years from the date of the client receiving the applicable digital content, unless earlier suspended or terminated in accordance with this agreement.
7.3 Unless expressly otherwise provided, the client must not use any digital content except for personal, non-commercial purposes.
7.4 The client must not edit, reproduce, transmit or lend the digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided in this section 7 by the company.
7.5 The company may impose restrictions on the scope of the licence or the number of devices or types of devices on which digital content can be used.
7.6 If the client violates this section 7, the company may suspend access to the relevant digital content, without limiting any of company’s rights or remedies under this agreement or applicable law, including company’s right to recover from the client the loss suffered as a result of or in connection with the infringement including any expenses incurred.