These Terms of Use ("Terms") govern the use and access of Calorie Cultt, an online food delivery and diet consultation platform operated by ("Calorie Cultt", "We", "Us", or "Our"). By accessing or using Our website at caloriecultt.com ("Platform"), Our social media handles ("Social Media Handles"), and/or by availing of Our services (collectively referred to as "Platforms"), You ("Visitor", "You", or "Your") agree to comply with and be legally bound by these Terms and Our Privacy Policy. Your use of the Platforms is subject to these Terms, which You must read carefully. If You do not agree to these Terms or the Privacy Policy, You must immediately cease accessing the Platforms and refrain from using Our services.

1. INTRODUCTION TO SERVICES AND ACCEPTANCE OF TERMS

1.1 Services Offered by Calorie Cultt

Calorie Cultt provides customized healthy food delivery services and diet consultations with a focus on promoting well-being and sustainable lifestyle changes. Our services include but are not limited to:

1. Diet Consultation: We offer free consultations with Our in-house nutritionists. These consultations may involve a detailed assessment of Your dietary needs, providing nutrition education, and offering tailored diet plans based on Your health goals.
2. Meal Delivery Services: Our primary offering is the preparation and delivery of healthy meals to Your doorstep. The meals are customized according to the meal plan and package You choose based on Your dietary needs and preferences.
3. Customized Meal Plans: Customers can customize their meal plans based on individual preferences, dietary specifications, calorie count, and other nutritional goals. This also includes the ability to inform us about allergies, intolerances, or specific dislikes.
4. Other Ancillary Services: We may also offer ancillary services such as weight-loss workshops, personalized coaching, or promotional campaigns that support Your health journey.

1.2 Binding Agreement

These Terms, along with the Privacy Policy, create a legally binding contract between You and Calorie Cultt. By using any of the services provided through the Platforms, You acknowledge Your agreement to these Terms. If You do not agree to these Terms, You should not access or use the Platforms.

1.3 Right to Amend Terms

Calorie Cultt reserves the right to amend, modify, or update these Terms at any time without prior notice. Any changes made to the Terms will be effective immediately upon posting on the Platforms. It is Your responsibility to review these Terms periodically. Continued use of the Platforms after changes to the Terms will constitute Your acceptance of the revised Terms.

1.4 Additional Terms for Specific Services

Certain services offered through the Platforms may be subject to additional terms and conditions specific to those services. Before You use any of those services, You will be required to agree to the additional terms, and Your continued use will constitute Your acceptance of them.

2. OBLIGATIONS AND RESPONSIBILITIES OF VISITORS

2.1 Registration and Access to Services

To avail of Our services, You may be required to fill out contact forms or provide certain information through the Platforms. Upon submission of these forms, one of Our representatives will contact You via the phone number or email address provided by You to discuss the available services and answer any questions. Calorie Cultt reserves the right to decline to provide services to any individual at its sole discretion without any reason or prior notice.

2.2 Accurate Provision of Data

When You decide to proceed with any of Our services, You will be asked to provide certain personal data such as weight, height, age, and other relevant health information. This data enables us to create a personalized meal plan for You. It is essential that You provide accurate, complete, and current information. If You provide any false or incomplete information, Calorie Cultt reserves the right to suspend or terminate Your access to the services.

2.3 Payment and Confirmation

Upon finalizing Your meal plan, You will be requested to confirm Your chosen plan, either via email or a verbal confirmation over the phone. After confirmation, You will receive a payment link or instructions for payment through the Platform. Payments may be required as upfront lump sums or installments, depending on the plan You choose. You must pay the amount in Indian Rupees (INR). Upon receipt of payment, You will receive a confirmation email that Your meal plan has been activated, and the start date of Your meal plan will be provided.

2.4 Plan Utilization and Pausing

Once You confirm a meal plan, it must be utilized within 60 days from the confirmation date. If You wish to pause the plan mid-way, You may do so upon prior intimation to Calorie Cultt, and subject to Our approval. A minimum notice of 4 days is required to pause Your plan. If You need to skip a meal delivery or resume Your plan after a pause, You must provide a minimum of 2 days’ advance notice. Any skipped days will not be compensated for, and the meal plan will not be extended to cover such days unless prior intimation was provided.

2.5 Plan Expiration and Renewal

Once Your meal plan subscription is nearing its expiration, our team will reach out to You to offer the option to renew. If we do not receive a renewal confirmation within the stipulated time, deliveries will cease upon the expiration of Your current plan. Calorie Cultt may also offer an auto-renewal feature for Your subscription, wherein Your payment method will be charged for subsequent renewals unless You expressly opt-out.

2.6 Accuracy of Information and Data Integrity

You are responsible for providing accurate, truthful, and complete information in all forms and interactions with Calorie Cultt. In case of any discrepancy, untruthfulness, or outdated information, Calorie Cultt reserves the right to take corrective actions, including suspension of services, termination of accounts, and refusal to provide further services.

3. FOOD PREPARATION, DELIVERY, AND CANCELLATION

3.1 Food Quality and Safety

Our meals are prepared in accordance with strict hygiene standards. Each meal is carefully labeled with the date of production. While the food is delivered at normal temperature in biodegradable packaging, it should be consumed or stored appropriately within 2 hours after delivery to prevent spoilage. Meals should be stored at temperatures between 0°C and 5°C if not consumed immediately.

3.2 Meal Customization and Additional Charges

Calorie Cultt offers customizable meal plans to suit Your dietary needs. Should You require custom-calorie or macronutrient-based meals, an additional fee of Rs. 6,000 per month will apply. You must inform us of any allergies, dietary intolerances, or specific dislikes during Your onboarding process, and we will cater to a maximum of four dislikes or allergies. While we do not have a dedicated gluten-free section, our kitchen follows strict protocols to minimize the risk of cross-contamination for customers with gluten intolerance or celiac disease.

3.3 Delivery Process

We use third-party couriers ("Courier") to deliver meals. Deliveries will generally occur within a delivery window of 4 to 6 hours. However, once a delivery is made per Your instructions, the meals are deemed to be in Your possession and are Your responsibility. You are responsible for ensuring that delivery instructions are accurate, and if You require specific delivery arrangements (such as access to a secure area), You must provide those details at the time of onboarding.

3.4 Delivery Modifications

If You wish to change Your delivery address or modify the delivery slot, You must inform Our support team at least 3 days in advance. Any last-minute changes can only be accommodated subject to the approval of Your account manager.

3.5 Responsibility After Delivery

Once Your meal has been delivered per Your instructions, We are not liable for theft, spoilage, or any form of tampering by third parties, animals, or pests. Meals that are not consumed immediately should be stored correctly. Please note that Calorie Cultt is not liable for any deterioration in the quality of meals due to Your failure to follow proper storage instructions.

3.6 Cancellation and Refund Policy

Payments made by You for meal plans or services are generally non-refundable. However, Calorie Cultt may consider refunds or cancellations within the first 5 days of a plan’s initiation, subject to a processing fee. For any cancellation after the first 5 days, a 30% cancellation fee will apply, and refunds (if applicable) will be processed within 2 weeks. Alternatively, You may transfer Your remaining subscription value to another customer, upon approval from Calorie Cultt.

4. REPRESENTATIONS AND COVENANTS OF THE VISITOR

4.1 Compliance with Indian Laws

By accessing the Platforms or availing of services, You represent and warrant that You are an adult (above 18 years of age), a resident of Bengaluru, and are using the services for lawful purposes only. You also agree to comply with applicable Indian laws, including but not limited to the Indian Contract Act, 1872, Information Technology Act, 2000, and Consumer Protection Act, 2019.

4.2 Prohibited Activities

You agree not to engage in any unlawful or harmful activities while using the Platforms. This includes, but is not limited to:

• Posting defamatory, abusive, obscene, or otherwise offensive content.
• Infringing on the intellectual property rights of others.
• Introducing viruses, malware, or other harmful code into the Platforms.
• Engaging in fraudulent activities or any behavior that would be deemed unlawful under Indian law.

5. USER-GENERATED CONTENT (UGC)

5.1 Ownership and Use of UGC

Calorie Cultt may permit Visitors to post reviews, feedback, and other content ("User Generated Content" or "UGC") on the Platforms. By submitting UGC, You grant Calorie Cultt a perpetual, irrevocable, royalty-free, and non-exclusive license to use, modify, distribute, and display the content for promotional, marketing, and operational purposes. Calorie Cultt reserves the right to review, remove, or modify UGC at its discretion.

5.2 Responsibility for UGC

You represent and warrant that the UGC submitted by You is accurate, lawful, and does not infringe upon the rights of third parties. Calorie Cultt disclaims any responsibility for UGC posted by Visitors and reserves the right to take appropriate action should UGC violate these Terms or any applicable laws.

6. CONFIDENTIALITY

6.1 Protection of Confidential Information

Both You and Calorie Cultt agree to keep confidential any non-public, proprietary, or sensitive information provided by the other party ("Confidential Information"). Such information shall not be disclosed to any third party without the express consent of the disclosing party, except as required by law or as necessary to perform the services.

6.2 Limitation of Liability for Unauthorized Disclosures

While Calorie Cultt will take reasonable steps to protect Confidential Information, We disclaim all liability for any unauthorized access or disclosure caused by third-party actions or technical vulnerabilities.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1 Disclaimer of Warranties

Calorie Cultt provides its services on an "as-is" and "as available" basis. We make no warranties or guarantees regarding the accuracy, reliability, or suitability of the services, including the meal plans and nutritional advice.

7.2 Limitation of Liability

To the maximum extent permitted by applicable law, Calorie Cultt shall not be held liable for any indirect, incidental, special, or consequential damages, including but not limited to damages for loss of profits, goodwill, or other intangible losses, arising from Your use of the Platforms or services. In no case shall Calorie Cultt's liability exceed Rs. 10,000 or the total payments made by You to Calorie Cultt within the preceding one month, whichever is lower.

7.3 Indemnification

You agree to indemnify and hold Calorie Cultt, its employees, officers, agents, and third-party service providers harmless from and against any claims, liabilities, damages, costs, and expenses (including legal fees) arising out of Your use of the Platforms or services, Your breach of these Terms, or Your violation of any third-party rights.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of India. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.

8.2 Dispute Resolution by Arbitration

In the event of any dispute or difference arising between You and Calorie Cultt, the parties agree to attempt to resolve the matter amicably. If the dispute cannot be resolved within 30 days, the matter shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bengaluru, and the arbitration proceedings shall be conducted in English.

8.3 Small Claims Tribunal (SCT)

For claims involving an amount below Rs. 500,000, the parties may elect to have the dispute adjudicated by a Small Claims Tribunal (SCT) located in Bengaluru.

9. FORCE MAJEURE

Calorie Cultt shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control ("Force Majeure Events"). Such events include but are not limited to natural disasters, war, civil disturbances, government actions, strikes, pandemics, and technical failures. During the occurrence of a Force Majeure Event, Calorie Cultt's obligations under these Terms shall be suspended until the Force Majeure Event is resolved.

10. MISCELLANEOUS

10.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.2 Assignment

You may not assign or transfer Your rights or obligations under these Terms without the prior written consent of Calorie Cultt. Calorie Cultt may assign or transfer its rights under these Terms to any third party at its discretion without requiring prior notice or approval from You.

10.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between You and Calorie Cultt regarding the use of the Platforms and services, superseding any prior agreements or communications.

10.4 Notices

Any notices to Calorie Cultt must be sent via email to info@caloriecultt.com. Calorie Cultt will communicate with You via email, SMS, or other electronic means.

10.5 Relationship of the Parties

Nothing in these Terms shall create any partnership, agency, or joint venture between the parties. You acknowledge that You are using the services as an independent user and not as an employee or representative of Calorie Cultt.

By accessing and using Calorie Cultt’s Platforms and services, You hereby agree to these Terms and conditions and consent to be bound by all of the provisions set forth herein.