Flat Tummy Co Mobile App Terms and Conditions
Effective Date: 17th September, 2019.
These Mobile App Terms and Conditions form a legally binding agreement between you (“you,” “your,” etc.) and NomadChoice Pty Ltd (“Company,” “we”, “us”, “our”, etc.), and you should read it carefully. By downloading, accessing or using the mobile application (“FLAT TUMMY App” or “App”) or purchasing any goods or services from NomadChoice Pty Ltd, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Billing Terms and Conditions (“Billing Terms”) and End User License Agreement (“End User License Agreement” or “EULA”) (Billing Terms and End User License Agreement are collectively referred to herein as “Mobile App Terms and Conditions” or “Agreement”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. INDIVIDUAL ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.
Billing Terms and Conditions
- We, NomadChoice Pty Ltd (doing business as Flat Tummy Co) and its parent company, offer the content within the FLAT TUMMY App.
- All purchases and use of the App are subject to our End User License Agreement below.
- Subscriptions can be purchased as an In-App Purchase (defined below).
- The subscription fee will apply regardless of how much or how often you access or use your subscription.
On the App, you may purchase various products and services, including physical products and digital content.
- In-App Content Purchases: If you purchase any digital content offered on the App via an external mobile app store, such as the Apple App Store or Google Play Store (“App Store”), this will be considered an “In-App Purchase.” If you make an In-App Purchase, you acknowledge and agree that an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by the relevant App Store provider (“App Provider Terms”). In-App Purchases are processed via the payment gateway used by the applicable App Store provider. You must resolve any payment-related issues you experience with an In-App Purchase or return requests with the relevant App Store provider directly. An In-App Purchase from an App Store is purchased from and billed by the respective App Store.
- Physical Product Purchases: You may also purchase physical products through the App. Your purchases of physical products offered on or through the App (“Purchase”) may be completed on a third-party website or platform; however, all such Purchases shall be subject to this Agreement, including the mandatory arbitration provision and class action waiver below.
- Subject to any free trial period, payment must be made at the time of purchase.
- Subscriptions will automatically renew, and you will automatically be charged, on the first day of your next billing period.
- We reserve the right to vary the fees billed for your subscription from time to time.
- Your subscription may start with a free trial for a fixed period, as specified at the time of sign up.
- Free trials are only available to new FLAT TUMMY App users, and are at the sole discretion of Flat Tummy Co. If you attempt to sign up for an additional free trial, your subscription will be rejected and you may be immediately charged with the standard subscription price.
- We reserve the right to revoke your free trial at any time.
- You must cancel your trial through your applicable App Store and following the instructions. If you do not cancel at least 24 hours before the end of your trial, you will automatically be enrolled in a paid subscription at the price and duration provided to you at the time when you enroll in your trial. Your subscription will continue, and your payment method will automatically be charged, until you cancel.
- If you purchase a subscription, you will be enrolled in our subscription program. This means that you will automatically be charged at the price and terms described to you when you enroll. By purchasing a subscription, you agree to pay all charges associated with your subscription, until you cancel. Subscription fees will apply regardless of whether or not you use your subscription.
- Flat Tummy Co reserves the right to vary the fees charged for our subscription-based products from time to time.
- Unless you cancel your subscription, you will automatically be charged the next term’s fees, and charges will be made through the App Store.
- If you wish to cancel your subscription, you must do so via the appropriate App Store’s platform. If you do not cancel at least 24 hours before your renewal date, you will be billed for the next subscription term. To find out how to cancel your membership through the appropriate App Store, you can email us at email@example.com.
- If you enroll in an automatically renewing subscription, you may cancel your subscription through the App Store.
- Unless you cancel at least 24 hours before your next renewal date, your subscription will renew, and you will be charged for the next subscription billing period.
- After cancellation, you will continue to have access to the FLAT TUMMY App for the remainder of your billing period.
- If you are dissatisfied for any reason, please contact our Support Team at firstname.lastname@example.org. Information about your account and cancellation is available at: our FAQ under the appropriate section on our website (flattummyapp.com) or Our Support Team at email@example.com.
- We may offer special promotions, trials, discounts, offers or coupons from time to time directly through FLAT TUMMY App or through third parties, which may be subject to terms and conditions separate to those of the FLAT TUMMY App. It is your responsibility to read and understand those terms and conditions.
Refund and Return Policy
We offer no refunds for In-App Purchases. To the fullest extent permitted at law we offer no refunds of Purchases unless a product is faulty. Short expiry dates do not deem a product faulty. If you receive a faulty product you must advise us via email within 7 days of receiving the product and return the product in its original packaging to us before we can provide a refund. We do not offer refunds if a product is lost once it has been dispatched from our warehouse. We do not accept returns or provide refunds for dissatisfaction with the product unless the product is faulty. We are not able to accept faulty products or returns from purchases made outside of the App.
Returns should be sent to:
Flat Tummy Co
271 Upper North Road
Highland, NY 12528, USA.
No refunds can be processed after 60 days from purchase.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute relating in any way to your visit to or use of the App, any In-App Purchases, Purchases, or products or services offered through the App, or otherwise related to this Agreement, your relationship with NomadChoice Pty Ltd, or any allegations concerning NomadChoice Pty Ltd’s acts or omissions (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of New York, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Further, any question as to the validity of this arbitration agreement shall be submitted to confidential arbitration and decided by an arbitrator. If a Dispute arises, you agree to first contact us at firstname.lastname@example.org. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. To the fullest extent permitted by applicable law, no arbitration of a Dispute may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the FLAT TUMMY App or the date you submit information through the FLAT TUMMY App to opt out of this arbitration agreement, by contacting us by email at email@example.com. If you do not opt out by the earliest of the date that you visit the FLAT TUMMY App, or the date you submit information to us through the FLAT TUMMY App, then you are not eligible to opt out of this arbitration agreement.
- By posting, uploading, publishing, distributing, or transmitting any content or information, such as pictures, reviews, messages, content, comments, feedback, suggestions, ideas, or submissions to the App (“User-Generated Content”), you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, sublicense, and sell such User-Generated Content in any form, in all media now known or hereinafter created, anywhere in the world. You agree to irrevocably, perpetually, and unconditionally waive any claims based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You agree that we do not have the ability to control the nature of the User-Generated Content offered through the App. You are solely responsible for your interactions with other users of the App and any content that you post. We shall not be liable for any damage or harm resulting from any User-Generated Content or your interactions with other users of the App. We reserve the right, but have no obligation, to monitor interactions between you and other users of the App and take any action to restrict access to or the availability of any material.
- You shall, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we shall own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any User-Generated Content. You should not submit any User-Generated Content to us if you do not wish to assign such rights to us. We are and shall be under no obligation: (i) to maintain any User-Generated Content in confidence; (ii) to pay to you or any third party any compensation for any User-Generated Content; or (iii) to respond to any User-Generated Content. You further represent and warrant that you are the sole author and owner of such User-Generated Content and that to the best of your knowledge such content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. In addition, you grant Company the sole and exclusive right to remove, alter, or change the User-Generated Content and to bring any legal actions regarding User-Generated Content on your behalf. You shall remain solely responsible for the content of any comments you make.
- None of our employees hold medical or dietary qualifications and we are not a licensed medical care provider. We do not have expertise in diagnosing, examining or treating medical conditions of any kind.
- We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
- WE DO NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE APP AND THE PRODUCTS AND SERVICES OFFERED ON THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY DOES NOT MAKE ANY WARRANTY BEYOND THOSE ON THE FACE OF THE APP AND THE PRODUCTS OFFERED ON THE APP. MOREOVER, COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY PROVIDED MATERIALS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE APP, AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.
Limitation of Liability
- WE SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COMPANY’S REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP, PURCHASES, IN-APP PURCHASES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE APP.
- The Flat Tummy App Meal Plan and Recipes are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
- The Flat Tummy App Meal Plan and Recipes are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing the Flat Tummy App Meal Plan and Recipes.
- To cater to a broader range of alternative diets, the Flat Tummy App Meal Plan and Recipes include recommendations and recipes for vegetarians, vegans and those looking for a keto diet. Please contact your doctor or nutritionist prior to purchasing if you are unsure whether the Flat Tummy App Meal Plan and Recipes are suitable for your dietary needs.
- If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
- The content on the App is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content on the App is for informational purposes only.
- You must be in good physical condition before using any of the products or services offered on the App, whether tangible or intangible.
- Before using any of our products or services, you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our products or services, you agree that you do so at your own risk.
- Subject to any rights granted by New York State Law or any other applicable law, you agree to discharge NomadChoice Pty Ltd of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature, including without limitation personal injury, data or loss of income.
Mobile App End-User License Agreement
This EULA provides to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the App, conditioned on your continued compliance with the terms and conditions of this EULA.
Except as expressly provided herein, Company does not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative works of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the App in any manner not expressly permitted herein. You shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the App. Moreover, you shall not use the App for any commercial purpose.
You represent that you are at least eighteen years of age or the legal age of majority in your state (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permissions, or authority) when submitting information through the App, including, without limitation, when you provide information via a registration or submission form. In addition, you access the App on your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of the App (including use of any permitted copies of the App materials and information).
You may be required to register to use the App or certain features of the App. Each registration is for a single user only, unless otherwise expressly agreed upon by Company. Registration for access to and use of the App may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Company in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as Confidential Information (defined below) and not to disclose such information to any third party without the prior express written consent of Company, which may be withheld in its sole discretion. You shall immediately notify Company if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. By submitting the requested information to the registration form via the App, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue your account if Company has reasonable grounds to suspect that any information you have submitted is untrue, inaccurate, not current, or incomplete, or that your registration, account, or use of the App is in violation of applicable law, regulation, or the terms of this EULA.
Data Collection, Communications, and Updates
By installing, accessing, or using the App, you agree to allow Company to collect (on behalf of itself and its affiliates and business partners) certain information regarding your use of the App (including, without limitation, certain data regarding your mobile device (e.g. type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g. name, email, etc.)). By creating an account, you agree to receive communications from Company including but not limited to email, push notifications, and text messages. These communications are part of your relationship with Company and you receive them as part of your use of the App. You therefore hereby agree that any such notices, agreements, disclosures or other communications that Company sends to you electronically will satisfy any legal communication requirements. Furthermore, you understand and agree that installation of the App permits the downloading of updates and upgrades for the purposes of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that Company provides. However, your refusal of an update or upgrade may impact performance of the App and may render it unusable.
You understand, acknowledge, and agree that when using the App, you may view or receive certain confidential, sensitive, non-public, and proprietary information belonging to Company and its licensors (“Confidential Information”). The source code of the App is Confidential Information. You may not share, transmit, or otherwise disclose such Confidential Information to any third party for any purpose whatsoever, or provide any third party with access to the App that would allow such third party to view or receive Confidential Information. You may not make any copy, reproduction, or derivation of any Confidential Information made available to you through the App without Company’s express prior written permission in each instance, which may be granted or withheld in Company’s sole and absolute discretion. Notwithstanding and without limiting the foregoing, upon the termination of this EULA for any reason, you must immediately delete any Confidential Information, together with all copies, reproductions, or derivations thereof, in any medium, in Your possession or control.
Links to Third Party Content
Company may provide links, in its sole discretion, to other applications, websites, or networks for your convenience in locating or accessing information and/or services. These other applications, websites, or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between you and such third parties. Accordingly, Company hereby expressly disclaims and shall not have any liability or responsibility for such applications, websites, or networks, or in connection with any dealings you may have with any third party.
Other Terms and Conditions
Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in particular programs, and to specific portions or features of the App, including without limitation the terms of App Stores, digital distribution services, and third-party payment processors. Without limiting the foregoing, you hereby agree that (a) this EULA operates in addition to any App Provider Terms; and (b) the terms of this EULA supplement and do not alter or amend any such App Provider Terms as they relate to such digital download platform(s).
Additional Terms and Conditions for Apple Users
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the App through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Nomad Choice Pty Ltd, and that Apple Inc. (“Apple”) bears no responsibility for the App and its content. The license grant under this EULA is a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
The App offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the App. In addition, downloading, installing, or using the App may be prohibited or restricted by your mobile carrier, and not all functionality on the App will work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the App is available for your mobile devices; what restrictions, if any, may be applicable to your use of the App; and how much such use will cost you. Nevertheless, your use of the App shall be strictly in accordance with this EULA.
Enforcing Security on the App
Company reserves the right to view, monitor, and record activity on the App without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on or through the App as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information.
You acknowledge that any breach, threatened or actual, of this EULA, including without limitation with respect to unauthorized use of Company proprietary rights or assets, may cause irreparable injury to Company, and such injury would not be quantifiable in monetary damages, such that Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court or arbitral tribunal of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this EULA. You hereby waive any requirement that Company post any bond or other security in the event of any such application for injunctive or equitable relief sought by or awarded to Company to enforce any provision of this EULA.
Waiver & Severability
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and the liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable Sanctions and Export Control Laws, (ii) You are solely responsible for ensuring that the App is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) You will not re-export or transfer the App, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Company as a result of this Agreement or your use of the App. This Agreement represents the entire agreement between you and Company with respect to use of the App, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the App. You may not assign, delegate, or transfer this Agreement or any rights or obligations under it without the prior written consent of Company. Company reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement in the App or mailing or emailing notice thereof to you. In addition, Company may add, modify, or delete any aspect, program, or feature of the App, although Company is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the App following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement (and acceptance of the version of this Agreement then in effect). Accordingly, please review the Agreement found in the App on a periodic basis.