Terms & Conditions
This Website available at the following address: https://ketorie.com is owned by AFFILIAX MARKETING DIGITAL LTDA having its registered office at Rua Bandeirante Sampaio Soares 640, 05688 Sao Paulo, Brazil, Tax Identification Number (CNPJ) 38.947.574/0001-44, email address [email protected]. The following Terms and Conditions determine the types and scope of supplying the Services electronically via this Website, principles of entering into agreements through this Website, principles for the execution of these agreements, rights and obligations of the Client and the Service Provider, as well as the procedure of withdrawal from the agreement and the procedure of handling complaints.
Definitions
Website shall mean the website available at https://ketorie.com
Service Provider shall mean AFFILIAX MARKETING DIGITAL LTDA [LLC]
Client shall mean the user of the Services as explained in these Terms and Conditions.
Services shall mean the Keto Diet Products and Services provided to the Client by the Service Provider as well as any electronic services provided by the Service Provider via this Website.
Digital Content shall mean an individual digital bundle of Keto diet products (meal plans, ebooks, cookbooks and similar) sold online by the Service Provider.
Agreement shall mean an agreement concluded at a distance between the Client and the Service Provider through the Website and regulated by these Terms and Conditions.
Terms and Conditions shall mean this document.
General Provisions
These Terms and Conditions compound a contract that governs the relationship between the Service Provider and the Client.
These Terms and Conditions apply to the entire content and information available on this Website.
The Service Provider undertakes to provide the Services for the benefit of the Customer within the scope and in accordance with the conditions specified in the Terms and Conditions.
These Terms and Conditions shall be permanently available on the Website, which allows the Clients to acquire them, display and fix their content by printing it or saving to a data carrier at any time.
By visiting and using the Website, the Client grants his/her full consent to be bound by these Terms and Conditions of the Website and all the other conditions, in relation to and arising from and by its use.
By using this website, the Client grants his/her full consent for the collection and use of his/her data for the purpose of this Website and all relations arising from or connected with the Website. If the Client does not agree with these Terms and Conditions, he/she is not allowed to use, visit, or enter into any legal relations with the Website.
The Service Provider hereby informs that using electronically supplied Services may be connected with a risk for any Internet user which involves the possibility that malicious software may be introduced to the Client’s ICT system and that their data may be acquired and modified by unauthorized persons. In order to avoid the risk of such events the aforementioned Client should apply appropriate technical measures which minimize their occurrence, in particular antivirus software and a firewall.
Cookies
We employ the use of cookies. By accessing Ketorie, you agreed to use cookies in agreement with the Ketorie's Privacy Policy. Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Ketorie and/or its licensors own the intellectual property rights for all material on Ketorie. All intellectual property rights are reserved. You may access this from Ketorie for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Ketorie
- Sell, rent or sub-license material from Ketorie
- Reproduce, duplicate or copy material from Ketorie
- Redistribute content from Ketorie
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Ketorie does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Ketorie,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Ketorie shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Ketorie reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity;
You hereby grant Ketorie a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Ketorie; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Ketorie. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Ketorie's logo or other artwork will be allowed for linking absent a trademark license agreement.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Product Purchase
Service Provider shall enable the Client to place an order for preparation and delivery of the Digital Content.
To place an order, the Client shall provide personal information through completion of a questionnaire.
Before placing an order, the Client shall be provided a full payment amount for a single products or subscription as well as payment options.
The Client shall agree to these Terms and Conditions before submitting an order by clicking on an appropriate button.
An order for Digital Content purchase shall be placed only when the Client presses an appropriate button.
When the Client accepts the Offer and clicks the button "Submit", she/he declares the acceptance of these terms.
Distance Contract
The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in the last paragraph of "Product Purchase".
As the Client will make a purchase electronically, the Service Provider will immediately confirm receipt of acceptance of the electronic purchase. The Service Provider will send the digital product or subscription access to the Client within 24 hours.
In some cases this timeframe can be longer, however, the maximum time should take no more than 72 hours. Such digital program will be provided to the Client's e-mail address submitted in the questionnaire on the Website.
As Agreement between the Service Provider and the Client consists of Digital Content the Client agrees to lose his/her right of withdrawal of the Agreement.
The Company 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 the Company.
By using Company's Services, the Client acknowledges that the Company cannot guaranty 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.
Refund and Return Policy
Under the applicable legal acts, the Client has a right to change their mind and return delivered (received) goods within 14 (fourteen) days from the day of delivery.
However, there is also an exception established by those legal acts, according to which, the right to return goods is not applicable for contracts regarding the supply of Digital content in case the provision of such Digital content has already commenced.
Therefore, in case the Digital content is already provided to the Client as indicated in "Distance Contract", the Client loses his/her right of withdrawal of the Agreement.
After the Digital content has already been provided to the Client as indicated in "Distance Contract", the Client is entitled to get a refund for it from the Company only if the Client proves the product to be not as described or faulty.
In such cases, Client must contact our customer support at [email protected] within 14 days upon purchase and provide detailed information proving Company’s product fault (with visual proof attached).
Once a refund is issued, Client no longer has the access to Company’s product or subscription.
All refunds are applied to the original method of payment. By purchasing from the Website, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions.
Subscriptions
The Client may be given the opportunity to purchase the Digital content for a different period of time which would give him access to his digital content or app for the respective number of months that he has chosen.
Due to different promotions the final price of those extended options would be shown on the final step before you finalize the purchase.
The company keeps their right to change the final price on their own discretion.
The Client can cancel the subscription at any time by simply writing to our customer support at [email protected]. We will attempt to process all cancellation requests within 72 hours after we receive the Client’s request. If the Client terminates his paid subscription, it will remain active until the end of the paid period.
All fees and charges are considered non-refundable. If the Client terminates his subscription, the same will remain active until the end of your subscription period, and no subsequent charges will be processed.
Authorization of the payment will be needed only for the first charge. In case the Client subscribes to any of our subscription plans, the payment transaction will be made automatically on the date of the time period he chose to subscribe for.
The Digital content can be offered for a different periods of time. Once paid, the subscription of the Digital content cannot be switched with subscription for a different time period.
Methods of Payment
The cost of the Service is fully described and fixed on the Website, as the same is payable before granting access in the way expressly stated on this Website.
The Service Provider accepts payments via credit card or third party payment services.
The Client agrees to provide the Service Provider complete and current information as specified in the purchase order form. If Service Provider discovers or believes that any information provided by the Client is inaccurate or incomplete, the Service Provider reserves the right to refuse to confirm Client’s payment at their sole discretion and Client forfeits any right to refund paid amount.
After the Client is transferred to the third party payment services, the Service Provider is not responsible for the risk of loss or damages.
All prices and costs are in US Dollars unless otherwise indicated.
Medical Disclaimer
The Service Provider clearly states that they are not a licensed medical entity to provide the Client with medical care or assistance and do not have the necessary education to determine diagnosis, analysis, or treat medical problems of any kind.
Nothing within Services provided by the Service Provider is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from proper healthcare service providers.
The Client is solely responsible for evaluating and assessing his or her own health. The Service Provider encourages the Client to consult a doctor or other healthcare service provider for appropriate medical advice or assistance before using the Service Provider’s Services.
Before trying Keto diet meal plans provided by the Service Provider, the Clients shall consult a doctor or a qualified healthcare service provider in order to evaluate his/her health.
The Website is not responsible for any health problems that can result from the use of a diet that the Client received through the Services provided by the Website.
Intellectual Property Rights
All the ensuing intellectual property rights (including the trademark rights, patent rights, design rights and copyrights of the content displayed on the current Website or available through the Website) belong to the Service Provider and are protected by law.
It is prohibited to use the above in any products and/or services without prior written consent of the Service Provider.
It is prohibited to use the above in a way that might mislead consumers about the nature and quality of services. All actions through which somehow demean or discredit owners arising from registration are prohibited.
Terms of Use of the Digital Content
The use of this Website does not grant a Client any ownership rights over the Digital Content, information, data, and materials available through this Website.
The Client shall be granted a non-exclusive, non-transferable and non-sublicensable licence to use the Digital Content for 5 years from the moment of receiving Digital Content.
Digital Content shall be intended for non-commercial and personal use.
The Client is prohibited from selling, offering for sale, sharing, renting out or lending copies of Digital Content online as well as from making it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided by the Service Provider.
If the Client acts in violation of this paragraph, the Service Provider will be authorized to suspend all the access to the Digital Content made available, as well as reserves the right to recover the loss suffered in connection with the infringement, including any expenses incurred.
Privacy Policy
The Privacy Policy regarding processing of Client’s personal data can be found on this Website. The Privacy Policy governs and determines the processing of all personal data on this Website.
Liability
A party shall be released from responsibility for non-fulfilment of these Terms and Conditions if it proves that such circumstances occurred due to force majeure.
The Service Provider shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Service Provider is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must notify the Service Provider of the occurrence of force majeure, which prevents the fulfilment of these Terms and Conditions. Such notification must be submitted in written form and within 30 calendar days from the date of the occurrence of these circumstances. The Service Provider shall inform the Client about the occurrence of force majeure by e-mail or on the Website if possible.
The Service provider is not liable for the accuracy, reliability and results coming from using Services obtained through this Website, due to the nature of the Services provided by the Service Provider – the Service Provider cannot control whether the Client follows provided Keto diet meal plan, which is why the Service Provider does not provide any warranty that any results shall come from using the Services.
The liability of the Service Provider is limited to direct losses, unless otherwise provided under the applicable laws.
The Service Provider is not responsible for late or rough handling requests if this is due to unforeseen circumstances – force majeure, chance events and problems with the Internet.
The Website may provide links to other websites that are not owned and/or controlled by the Service Provider. The Client acknowledges and agrees that the Service Provider is not responsible for the availability nor the content of such websites and therefore the Client agrees that the Service Provider shall not be liable, directly or indirectly, for any damage or loss caused in connection with use or reliance on such websites.
Eligibility
To use the Services provided by this Website, the Clients must be of legal age in order to form legally binding contracts. Therefore, the Client confirms he or she is at least 18 years old.
Termination of Agreement
The Service Provider may withdraw from the Agreement if the Client commits any breaches of the Terms and Agreements or provides incorrect or incomplete information while answering questions of the questionnaire.
Complaints
Any complaints regarding the Service Provider and their Services shall be addressed to the Service Provider by contacting [email protected].
The Client should clearly indicate that a complaint is being submitted and provide the details concerning the complaint.
Client’s complaints shall be analyzed by the Service Provider without additional charges.
Changes to the Terms and Conditions
The management of this Website owns the right to change prevailing Terms and Conditions at any time without any notice to its users and Clients, undertaking that the bottom of the front page of ketorie.com always has a link to the prevailing Terms and Conditions page.
If the Client continues using this Website after alterations, he/she certifies that they agree with the implemented changes.
If the Client disagrees with these Terms and Conditions or its any later version, he/she is not permitted to continue using this Website.
Miscellaneous
Persons using this Website and the provided services on the territory of another country, make it on their initiative and are responsible for compliance with local laws, if and to the extent the local laws are applicable.
For all outstanding issues arising from these Terms and Conditions, the Brazilian legislation shall apply, and the competent Brazilian court shall resolve all disputes arising from the interpretation, invalidity or termination.
These Terms and Conditions and the relationship between the Service Provider and the Client are as per the laws of the Federative Republic of Brazil.