Alemeno (including its affiliate) (“Company“, “We” or “Us” and their connotations) operates a website (URL: https://www.alemeno.com/) and an android application (Application URL) (together called as “Platform”) which is engaged in the kids’ health and fitness service through its platform.
Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users” for the purposes of these Terms shall be read as You and/ or Child.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
By choosing to visit the Platform and/or avail any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child's use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.
The Company facilitates health and fitness related services to children. We aim at providing nutrition related services and education to kids and their parents through our platform. The concept is to identify kids’ nutrition consumption and encourage healthy eating habits through gamification, without any restrictions on time and place.
In order to access the Company’s Platform and its services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account“) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice. You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to tour failure to maintain the confidentiality and security of your Participant Account.
We offer 5 days free platform access to our new members so that you get an opportunity to experience the services provided by us. Only 5 days of free access is permitted per new member. Multiple availment of trial service by an individual either through his/her own account or through someone else's accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms. Any free trial provided by the Company shall also be governed by these Terms.
The Company hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Company.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.
You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, and content. The Company may from time-to-time upload animations, audios/ sound recordings, content and other materials on the platform which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said animation, audios/ sound, content and other materials or any part thereof which are available on the Platform in any manner whatsoever.
You expressly acknowledge and undertake that: You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child. You grant your consent to the Company for your child to use the platform provided by the Company on its Platform and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
The Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. You explicitly agree to pay the fees for the service that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. As soon as the customer purchases the plan, fulfillment happens online and the customer is allotted access to the platform immediately for the duration of the plan. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.
You may at any point of time decide to to cancel the services availed by you. Company shall provide you a refund on the cancelation of the services. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. As soon as the customer reaches out to us for refund, we process immediate refunds for unutilized credits on a pro-rata basis. We attempt to process and complete refund requests within 24 hours from the time of receiving the refund request, however, in case there is any delay in refund beyond the period of 72 hours, then you may notify us on firstname.lastname@example.org. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request. We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.
The Company offers You and the Child the opportunity to submit photos of the meals that the child consumes. These images are used for the purpose of annotating them to identify the nutritional value of the meals to generate a meal scorecard. These scorecards are shared with the users of the company platform to inspire healthy eating habits in users. You hereby explicitly consent and grant permission to the Company to use the images as they deem fit. The company offers You and the Child the opportunity to submit their photo for the purpose of creating Profile Picture. You hereby explicitly consent and grant permission to the company to use the Profile Picture to assign Child’s meal scorecard to the Child All rights, ownership, and intellectual property in the ‘User Content’ created by your child on or by using the platform, during the period of the service, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.
The child may choose to post images other than meal photos and Profile Picture. We do not encourage your Child to post any content other than Meal Photos and Profile Picture on the Platform and the ill effects of such revelation shall be borne by you. The company has a zero-tolerance policy regarding objectionable content. Objectionable content includes but is not limited to i) sexually explicit material ii) obscene, defamatory, violent, slanderous or any unlawful content or profanity iii) content that infringes upon the rights of any third party including intellectual property, privacy, publicity, personal or propriety rights iv) Content that promotes usage of illegal or regulated substances, tobacco products, ammunition and firearm v) any form of gambling Any user can flag objectionable content. The company moderates the content to timely remove any objectionable content. The user account confirmed responsible for posting objectionable content will be restricted or removed by the Company. The Company will not be held responsible or liable for any of the User Content provided by You on the platform.
You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Alemeno, for the purpose of providing alerts and information related to services.
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. You may also terminate your agreement with the Company by ceasing to access the Platform, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.