Terms and Conditions
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Effective date of Terms of Service: 26th December January 2018
Updated: 13th August 2019
ACCEPTANCE OF TERMS OF SERVICE
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR A NEAT PLAN OR OTHER AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE “4. NEAT SUBSCRIPTION PLANS TERMS AND CANCELLATION POLICY” SECTION BELOW.
These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We also use multiple third-party platforms to provide your service. More details on these terms can be found in section 7.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations in your jurisdiction (including but not limited to copyright laws).
- USE OF THE SERVICES
2.1. Use Restrictions
The content on the Site, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, and any other materials displayed through the Services (collectively, the “Contents”) is protected by copyright laws. Title to the Contents remains with Neat Nutrition Ltd. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Neat Nutrition.
Neat Nutrition authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, Neat Nutrition Ltd. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Neat Nutrition Ltd. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non- transferable license to use the Neat Nutrition Services. You may not distribute or make the Neat Nutrition Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Neat Nutrition Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
Neat Nutrition reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2. User Submissions
2.3. Your Account
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Neat Nutrition reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
- TERMS OF SALE
3.1 Neat Plans Introduction
Neat Nutrition sells dietary supplements and other Active Nutrition products and accessories (the “Products”) to end-user customers who purchase a subscription plan (“Subscribers”) to have the Products shipped regularly on a schedule of the Subscriber’s choosing only for their own personal, non-commercial use (the “Neat Plans”).
The Neat Plans consist of an initial period for which there is a one-time charge or a Trial Offer (“Trial Box”), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Ongoing Protein Plan”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described in section 4.3, Neat Nutrition will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable On-Going Box based on your Neat Plan and any Add-On Products you select for each Box in accordance with Section 4.1. By choosing a Neat Plan Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. To view the specific details of your Neat Plan, including frequency of shipments, next ship date, next Box price, Box contents, please visit our website and click on “Sign In.”
You may not purchase Products or Neat Plans for further distribution or resale or for any other commercial or business purpose. The Neat Plan and all rights and privileges conferred are personal and non-transferable. However, if you are interested in distributing Neat Nutrition Products for commercial use, we invite you to visit our Wholesale page (accessible from the footer menu below) to get in touch with our Wholesale team.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3.2 Products and Neat Plans Pricing
The price that we will charge you for the Products and Neat Plans may be based on a tiered pricing structure that depends on the Plan chosen and the number of Products in each On-Going box. Pricing for Products and Neat Plans (including any applicable shipping and handling fees) can be found on the Services. Subscribers may view or customize the Products in each Box by visiting the “Account” page. By adding or removing Products from a Box, or changing your Neat Plan, this may change the price that we will charge you for the Products and Box. We reserve the right to change a Product’s price or the tiered pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.
Neat Nutrition reserves the right, in its absolute discretion, to withdraw or modify any Product, Neat Plan, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Neat Plans, offers, or promotions advertised on the Neat Nutrition’s Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
Please note that we cannot offer refunds, exchanges, or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.
3.3 Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.4 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.
3.5 Processing Orders and Shipping
Your order will be fulfilled by the shipping date set out in the Order Confirmation or, if no shipping date is specified, within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances. As a standard, orders are processed between 9am – 5pm ET, Monday to Friday, however they can be despatched outside these times.
If any problems arise with your order, or with the shipping address or Payment Method associated with your Neat Plan, and Neat Nutrition is unable to resolve the problem, we may notify you via e-mail using the address associated with your Neat Plan. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled, and we may not be able to process future On-Going Boxes until the problem has been resolved.
3.6 Refunds and Returns
The most important thing to us is that you are 100% happy with the Service and your Neat Products. However, if you are dissatisfied with one of our Products for any reason, you can return the Box for a refund, if all products remain unopened and in-tact. Refund requests must be made directly to us at email@example.com within 14 days of the date of shipment by Neat Nutrition (note: the 14 day returns period applies to the time from entering into a subscription with us, not 14 days per ongoing delivery). Return postage costs are the responsibility of the customer. We are not liable for products that are damaged or lost in transit to Neat Nutrition so we advise using a tracked service and retaining a proof of postage. Without proof of postage, in the event of missing returns, we cannot issue refunds.
Following Neat Nutrition’s receipt of your refund request, and the return of your order to us, Neat Nutrition will credit the amount paid for the Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Neat Nutrition does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback. We will not provide a refund for a request that is received by Neat Nutrition more than 14 days after the date of original shipment. Note, the 14 day returns period applies to the time from entering into a subscription with us, not 14 days per ongoing delivery.
If you have any questions, visit our Help Desk. Help Desk hours are Monday to Friday, 9am-5pm.
- NEAT SUBSCRIPTION PLANS TERMS AND CANCELLATION POLICY
4.1 Neat Plan - Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH NEAT PLAN AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT, OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
Neat Nutrition will automatically renew your Neat Plan and charge your Payment Method depending on the Neat Plan and/or Box shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Neat Plan during the sign-up process.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable cost for your Box, along with any shipping and handling costs and sales or similar taxes that may be charged with your Neat Plan.
To avoid being charged, you must cancel your Neat Plan in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Neat Plan and Box shipping frequency selected) until you cancel.
4.2 Making Changes to your Neat Plan
Subscribers will be shipped a Box based on the shipping frequency and/or shipping date chosen in their account.
You can make changes to your Plan in your Account. This includes making changes to your blends, flavours and changing your frequency of delivery. You can make changes up to 24 hours before your next Box is due to dispatch. If you have any questions on making changes, you can visit our Help Desk.
4.3 Neat Subscription Cancellation
You may cancel your Neat Subscription at any time from the Account page on the Neat Nutrition website. To cancel a subscription, click on the “Your Details” tab, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least 24 hours prior to your next Box shipping date to avoid being charged for that Box. Cancellation requests received by Neat Nutrition through other channels may take up to five (5) business days to process.
4.4 Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
4.5 Neat Nutrition Referral Programme
Neat Nutrition offers a Referral Program that allows Subscribers to earn promotional credits towards a future purchase of Products by referring their friends, family, or other individuals to Neat Nutrition. You can find out more about the Neat Referral Programme here.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Neat Nutrition, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Neat Nutrition and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Neat Nutrition. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales where Neat Nutrition Limited is registered.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
If you have any questions or concerns regarding our Terms of Service, please contact us via our Help Desk.
Or alternatively via post at: Neat Nutrition, Office 7, 35-37 Ludgate Hill, London, EC4M 7JN, United Kingdom.