This User Agreement describes the terms and conditions that regulate the use of the Nutrition Professional Directory and its associated services, and they should be read together with Terms and Conditions of Use the ones that are applied to the Nutrition Professional Directory in all that is omitted therein.
"Client" means the natural person that acquires Nutrition Services to a Professional through the Nutrition Professional Directory.
"Inactive account" means a User Account that has not been used for over 12 months.
"User Account" or "Account" means the Nutrium account associated to the e-mail address of a particular User.
"User Agreement" or "Agreement" means this user agreement in which the terms and conditions that apply to the parties in the context of the access and use of the Nutrition Professional Directory are defined.
"Healthium", "we" or "the company" means Healthium – Healthcare Software Solutions, S.A., NIPC 513 624 503.
"Professional" means the natural or legal person, with the necessary technical skills to provide nutrition Services.
"Verified Professional" means a Professional whose professional certification, where applicable, or whose qualifications have been successfully verified under our User verification internal policies.
"Nutrition services" means all the nutrition services provided by the Professionals that are validly registered in the Nutrition Professional Directory.
"User" means the natural or legal person, as appropriate, who visits and/or used the Nutrition Professional Directory and/or the Website, as a Professional or a Client.
"Website" means the online addresses operated by Healthium, available under the https://nutrium.com address, and any of their regional domains or subdomains or others, as well as any other related services, tools or applications, in particular any iOS or Android app or any other access mechanism, where the Nutrition Professional Directory is hosted.
"Nutrition Professional Directory" means the online platform provided and run by Healthium through which Professionals can offer their nutrition services to Clients.
The titles of the provisions of this Agreement are included for mere convenience, and they do not constitute support for its interpretation or integration.
The Nutrition Professional Directory is an online platform, owned and run by Healthium, through which Users buy and sell nutrition Services. The Nutrition Professional Directory allows Clients to search for and select Professionals according to their preferences and needs, their location, the services provided, among other factors, celebrating a Service Agreement between the aforementioned parties.
Before using the Nutrition Professional Directory, you should read all the User Agreement and any additional terms as set out in the "Additional Terms" section.
By accepting this User Agreement, you agree that this will be applied to you every time you use the Nutrition Professional Directory and every time you use the tools and services we provide to interact with the Nutrition Professional Directory.
Thus, Professionals that cumulatively meet the following criteria will be automatically listed on the Nutrition Professional Directory:
The Professional may, freely and at any time, withdraw from the Nutrition Professional Directory through their Configurations menu.
The Professional undertakes to only adopt behaviors that do not breach this Agreement, the current legal system or behaviors that harm, in any way, legally protected positions. Therefore, Professionals undertake to:
We may close, suspend or limit the access to your Account and/or to the Nutrition Professional Directory every time that the stipulations identified above are violated.
By using the Nutrition Professional Directory, you acknowledge that you should comply with your obligations under the tax provisions of your jurisdiction and that you are solely and exclusively responsible for the payment of any taxes, including taxes on any goods and services or value added taxes, that may be applicable according to the function of the jurisdiction of the provided services and to which Healthium is totally unrelated.
We can freely use the contact details and other data made public by the Professional, such as their picture, address, their company's data or trade name, logo, images or other elements protected by Personal and Intellectual Property Rights, so we can promote your services and your image across the Nutrition Professional Directory and other digital platforms (in particular search engines such as Google, and social media such as Facebook, Instagram, and others).
Therefore, you acknowledge and warrant a non-exclusive and temporary right (while you maintain an active Account) to Healthium to use your image, and expressly consent its use for the purposes set out herein, as set out in Article 79, No. 1, first part of the Portuguese Civil Code (Decree-Law 47 344 of 25 November 1966). You also warrant a non-exclusive and temporary right to use your Intellectual Property Rights, specially logos, brands and others, publicly made available by you in the Websites and in the Nutrition Professional Directory, for the purposes set out herein.
You may withdraw your consent at any time by getting in touch with us at info@nutrium.com.
You acknowledge and agree that:
Thus, you acknowledge and warrant that its content:
The content published by the Users in the Website, in the Nutrition Professional Directory, or in any other of the services provided by Healthium, specially in the Professional's personal profiles, recipe pages and blogs, are the sole responsibility of the Professional. If you came across wrong information or that you believe that is violating your or third parties' intellectual property rights, you should get in touch with the Professional concerned.
If all attempts to contact the damaging party are unsuccessful, and if you believe your Intellectual Property Rights were indeed violated, please notify us at info@nutrium.com.
In addition to their own nutrition services, the Professional must not announce an external website, product or service in the Nutrition Professional Directory without Healthium's prior consent.
We may also show advertisements or promotions of other Professionals in the Nutrition Professional Directory. The User acknowledges and agrees that we will not be held responsible for any losses or damages of any kind as a result of these advertisements or promotions.
The Professional gives us permission, directly or through third parties, to undertake any surveys that we consider necessary to validate their identity and their credentials and professional qualifications, in particular, cross-reference their information with databases of third parties or through other sources.
You must, upon your request, provide us with information that may include your birthdate, full name, address, and other personal data that allows us to identify you and confirm your professional qualifications.
In addition, you must, upon our request, provide us with copies of ID documents (such as your passport, driving licence or professional identification). We can also request your photo ID. We also reserve the right to request you a video interview to validate the information provided, your identity and your professional competencies.
We reserve the right to close, suspend or limit the access to the Nutrition Professional Directory or to any other services provided by Healthium, in case we are not able to successfully obtain or verify the information we requested under this section.
We reserve the right to update your data in the website so they meet any ID documentation that you provided us with.
Client acquisition and its associated costs costs are incurred through the charge of fees to the Professional.
Therefore, technical and reliable measures are implemented to untangle with exactness which Clients are actually acquired by Healthium of those acquired by the Professional. Through cookies and other technical expedients, Healthium determines the traffic that originated in advertisements or other initiatives of its authorship, applying the corresponding fee upon the payment of the nutrition Services. At any time Healthium will consider Clients that have not directly resulted from its advertising efforts as its clients.
When a first nutrition Service is scheduled - and its payment should be obligatorily made through Nutrium's Payment System - a one-off fee of 50% will be charged on the net value of the nutrition Services, and this fee does not apply to the subsequent nutrition Services, without prejudice to other applicable fees as a result of the use of the Payment System (for more information see the Terms and Conditions of use of this System here.)
Eligible Professionals should exclusively adopt compatible positions with the most rigorous scientific, deontological and academic teachings, adopting the provided services through the Nutrition Professional Directory to high requirement and quality standards.
Therefore, the Professional should provide all the necessary clarifications to the Clients they acquire, every time they question them about the nutrition Services and other associated questions, no later than 24 hours. In case this deadline is not met, the Professional can be notified by Healthium to provide a justification regarding this delay. Failure to provide a justification when notified for such or in case the justification is considered invalid may motive the Professional's exclusion of the Nutrition Professional Directory.
In the same way, Healthium reserves the right to conduct quality control audits of the Nutrition services provided by Professionals on the Nutrition Professional Directory and to implement assessment systems that allow it to structurally classify these services and add or remove Professionals of this Directory as necessary.
Each time the Professional accepts the Client's appointment booking request, you will have entered a service provision contract with the Client, to which Healthium is unrelated, and under which the Professional agrees to provide the selected nutrition services to the Client. Under this agreement, the parties agree to not enter any contractual provisions that conflict with this User Agreement.
Healthium is not part of any contracts between the Professional and the Client, and serves only as an intermediate of the connection between the parties.
Each one of the parties is solely responsible for making sure that the respective rights and obligations are met. Otherwise, you may become responsible for that User. You must make sure that you have knowledge of any applicable laws, international laws, rules and regulations that are relevant to you as a Professional.
You acknowledge and agree that the relationship between Professionals and Clients is merely for the provision of services. Nothing in this User Agreement is meant to create a partnership, joint venture, agency relationship or work relationship between Users and/or between Healthium and the Users.
The Professional acknowledges and agrees that in case of litigation with another User resulting from the use of the Nutrition Professional Directory, they will make every effort to solve any disputes that underlie this litigation in a friendly way.
If there is a litigation between the Users, or between Users and third parties, you agree that Healthium is not obliged to get involved, removing responsibility from Healthium and their employees and agents of any demand of any kind, caused by or related in any way to such litigation.
If after trying to contact a User in a friendly way you still have some difficulties or problems regarding a dispute with another User, we encourage you to contact us at info@nutrium.com.
The Professional will indemnify us (and our employees) by any costs related to complaints, including legal fees and costs, filed against us by other Users or third parties, because or caused by their breach of this User Agreement , or their breach of any law or Users or third parties' rights while using the Website, the Nutrition Professional Directory and other services of Healthium.
The Professional understands and expressly agrees that Healthium cannot be held responsible for any damages resulting from the use of the Nutrition Professional Directory, in particular:
Healthium undertakes the endeavour so the provided services can be offered and used without any failure, reserving, however, the right to temporarily suspend their operations for technical reasons, or for motives beyond their control.
Despite the above mentioned provisions, nothing in this User Agreement is meant to limit or exclude any responsibility from Healthium and related entities when and in so far as the applicable law forbiddens such exclusion or limitation.
Some jurisdictions do not allow some of the exclusions or limitations set out above, and so they may not be applicable to some Users. In such cases, the responsibility will be limited, where possible, under the applicable legislation.
Professionals will be notified via the e-mail address they provide Healthium during the registration process and while creating their account, allowing the e-mail to be confirmed. Any other notifications will be considered 24 hours after the e-mail is sent to the address provided during the registration process, unless that Healthium is notified that the e-mail address is invalid or the e-mail was not delivered. Alternatively, we can notify the Professional by post to the address provided by you during the registration process and while creating the Account. In this case, the warning will be considered delivered three business days after the e-mail is sent.
Any notifications intended for Healthium should be made by registered post to the address included in the “About us” section.
If any provision of this User Agreement is held to be invalid or unenforceable, by any reason or to any extent, the remaining provisions shall continue in full force without being impaired or invalidated in any way, and the application of that provision will be enforced to the extent permitted by law. The inability to enforce any part of this document should not be considered a waiver of any of our rights to later enforce this or any other part of this Agreement.
Healthium may transfer their contractual position in this Agreement to an associated entity or to a third party without your consent at any time, in the event of sale of other transfer of some or all of our assets. In case of any sale or transfer, you will remain bound to this User Agreement.
Healthium – Healthcare Software Solutions, S.A. (hereinafter referred to as “Healthium”), tax identification number 513 624 503, is a commercial company, based in Rua Andrade Corvo, nº 242, Sala 106, 4700-204, Braga, Portugal, engaged in the development and provision of a nutrition software solution named Nutrium, under SaaS (Software as a Service), through the website https://nutrium.com.
If you have any questions about this User Agreement, or if you want to make any complaint, contact us using our customer support channel or at info@nutrium.com.
These Terms and Conditions of Use are subject to the Portuguese Law and to all the questions that may arise from it, the parties choose the Judicial District venue of Braga.
The Nutrition Professional Directory is an online platform, owned and run by Healthium, through which Users buy and sell nutrition Services. The Nutrition Professional Directory allows Clients to search for and select Professionals according to their preferences and needs, their location, the services provided, among other factors, celebrating a Service Agreement between the aforementioned parties.
Before using the Nutrition Professional Directory, you should read all the User Agreement and any additional terms that may apply as set out in the "Additional Terms" section.
By accepting this User Agreement, you agree that this will be applied to you every time you visit the Website and, in particular, the Nutrition Professional Directory, and every time you use the tools and services we provide to interact with the Nutrition Professional Directory.
Clients should register by creating an Account so they can proceed with the booking of the Nutrition Services offered by a given Professional in the Nutrition Professional Directory.
Healthium is not responsible for the possible lack of capacity of the User. The access and use of the Nutrition Professional Directory is forbidden to them if:
While registering and while using the Nutrition Professional Directory, the Client guarantees and answers for the veracity, accuracy and authenticity of the data inserted, and these records are personal and non transferable, and their holder is the only one responsible for the actions taken under this registration. One registration can only correspond to a single Client, and Healthium may cancel any subsequent registration carried out by the same individual.
Every Client Account is associated to natural people. The login credentials should not be shared by the Users with others. The individual associated to the Account will be held responsible for all the actions performed under their Account.
Depending on the applicable legislation, a person over 16 years of age, but under the age of 18, may use the account of an adult with the permission of the account's holder. However, the holder of the Account is, ultimately, the only one responsible for every action performed under their Account.
The Users acknowledge and agree that this User Agreement is a contract with the User as a natural person (not as a company or legal person) and the Users are still the only ones responsible for all the activity related to their Account, even when a commercial name is associated to them.
We may, at our absolute discretion, refuse us to register any person or entity as a User. You cannot transfer or assign any rights or obligations that you have under this Agreement without the written prior consent of Healthium.
By accepting this Agreement, the Users undertake to only adopt behaviors that do not infringe the existing legal order or damage, in any way, legally protected positions and undertake, in particular, to;
The applications produced by Healthium are intellectual works protected by the Right to the Intellectual Property and they are protected by the applicable law, in particular the Decree-Law no. 252/94 of 20 October, regarding the Legal Protection of Computer Programmes Scheme, as well as by the Community Directives and International Treaties. Each one of the elements that compose them (such as design, text, videos, music, graphs, images, information, applications and tools, and more) are the sole property of Healthium, the only party that has authority to use the intellectual property rights contained.
It is strictly prohibited any reproduction and/or total or partial representation, use, adaptation or modification of the applications and/or services or of any of the elements that compose them, regardless of their format and form, to other ends, specially commercial ends.
By using the Nutrition Professional Directory, the Users acknowledge that they should comply with their obligations under the tax provisions of your jurisdiction and that they are solely and exclusively responsible for the payment of any taxes, including taxes on any goods and services or value added taxes, that may be applicable according to the function of the jurisdiction of the provided services and to which Healthium is totally unrelated.
You acknowledge and agree that:
The information provided in the Website and in the Nutrition Professional Directory may contain general information on health, legal matters and others. The information provided is not advice, and should not be considered as such. You should not trust the information provided in the Website and in the Nutrition Professional Directory as an alternative to professional counseling. If you have any specific questions about any matter, you should contact your doctor or Professional.
The content published by the Users in the Website, in the Nutrition Professional Directory, or in any other of the services provided by Healthium, specially in the Professional's personal profiles, recipe pages and blogs, are the sole responsibility of the Professional. If you came across wrong information or that you believe that is violating your or third parties' intellectual property rights, you should get in touch with the Professional concerned.
If all attempts to contact the damaging party are unsuccessful, and if you believe your Intellectual Property Rights, or others, were indeed violated, please notify us at info@nutrium.com.
We may provide information about a User an identity verification or Professionals' credentials, however, such information is exclusively based on the data that the User submits. As such, we do not take any responsibility as to the identity of each Website User, in particular the Professionals'.
Healthium makes all the efforts to assure that only qualified Professionals are eligible to appear in the Nutrition Professional Directory, in particular through surveys and the analysis of professional credentials and its verification in public databases or through other reliable sources.
However, we provide the information regarding the Users' identity exclusively for their convenience, and the provision of such information cannot be considered as a recommendation or certification by Healthium.
We do not guarantee or take any responsibility as to the real qualification of the Professionals in question, with which Healthium is not legally binding, and the Client has sole responsibility to guarantee the effective correspondence between the data and competences announced and the ones that are provided by the Professional.
Each time the Professional accepts the Client's appointment booking request, you will have entered a service provision contract with the Client, to which Healthium is totally unrelated, and under which the Professional agrees to provide the selected nutrition services to the Client. Under this agreement, the parties agree to not enter any contractual provisions that conflict with this User Agreement.
Healthium is not part of any contracts between the Professional and the Client, and serves only as an intermediate of the connection between the parties.
Each one of the parties is solely responsible for making sure that the respective rights and obligations are met. You must make sure that you have knowledge of any applicable laws, international laws, rules and regulations that are relevant to you as a Client.
Each User acknowledges and agrees that the relationship between Professionals and Clients is merely for the provision of services. Nothing in this User Agreement is meant to create a partnership, joint venture, agency relationship or work relationship between Users and/or between Healthium and the Users.
The Users acknowledge and agree that in case of litigation with another User regarding any service provided through the Nutrition Professional Directory, they will make every effort to solve any disputes that underlie this litigation in a amicable way.
If there is a litigation between the Users of this website, or between Users and third parties, you agree that Healthium is not obliged to get involved, removing responsibility from Healthium and their employees and agents of any demand of any kind, caused by or related in any way to such litigation.
If after trying to contact a User in a friendly way you still have some difficulties or problems regarding a dispute with another User, we encourage you to contact us at info@nutrium.com.
We can close, suspend or limit the access to your Account, specially in situations where:
Without prejudice to other sanctions, in the extent that violates this User Agreement, you should pay us all the fees that result from this violation and reimburse us for all the losses, costs and reasonable expenses (including legal fees) related to the investigation of such violations and charge of such fees.
The Client will indemnify us (and our employees) by any costs related to complaints, including legal fees and costs, filed against us by other Users or third parties, because or caused by their breach of this User Agreement, or their breach of any law or Users or third parties' rights while using the Website, the Nutrition Professional Directory and other services of Healthium.
The User understands and expressly agrees that Healthium cannot be held responsible before the User for any damages resulting from the use of the Website, in particular:
Healthium undertakes to endeavour so the provided services can be offered and used without any failure, reserving, however, the right to temporarily suspend their operations for technical reasons, or for motives beyond their control.
Despite the above mentioned provisions, nothing in this User Agreement is meant to limit or exclude any responsibility from Healthium and related entities when and in so far as the applicable law forbiddens such exclusion or limitation.
Some jurisdictions do not allow some of the exclusions or limitations set out above, and so they may not be applicable to some Users. In such cases, the responsibility will be limited, where possible, under the applicable legislation.
Professionals will be notified via the e-mail address they provide Healthium during the registration process and while creating their account, allowing the e-mail to be confirmed. Any other notifications will be considered 24 hours after the e-mail is sent to the address provided during the registration process, unless Healthium is notified that the e-mail address is invalid or the e-mail was not delivered. Alternatively, we can notify the Users by post, where applicable. In this case, the warning will be considered delivered three business days after the e-mail is sent.
Any notifications intended for Healthium should be made by registered post to the address included in the "About us" section.
If any provision of this User Agreement is held to be invalid or unenforceable, by any reason or to any extent, the remaining provisions shall continue in full force without being impaired or invalidated in any way, and the application of that provision will be enforced to the extent permitted by law. The inability to enforce any part of this document should not be considered a waiver of any of our rights to later enforce this or any other part of this Agreement.
Healthium may transfer their contractual position in this Agreement to an associated entity or to a third party without your consent at any time, in the event of sale of other transfer of some or all of our assets. In case of any sale or transfer, you will remain bound to this User Agreement.
It is important that you read and understand all of our policies, since these define the contract terms to which the parties are subject to. It is the User's responsibility to verify our pages and policies to make sure they comply with its provisions.
We may occasionally, and without prior consent, change or add information, products or services to the Website therein described. We can change this User Agreement and any information associated regularly, and publish the amended terms in the Website, without prior consent.
Healthium – Healthcare Software Solutions, S.A. (hereinafter referred to as "Healhtium"), tax identification number 513 624 503, is a commercial company, based in Rua Andrade Corvo, nº 242, Sala 106, 4700-204, Braga, Portugal, engaged in the development and provision of a nutrition software solution named Nutrium, under SaaS (Software as a Service), through the website
If you have any questions about this User Agreement, or if you want to make any complaint, contact us using our customer support channel or at info@nutrium.com.
These Terms and Conditions of Use are subject to the Portuguese Law and to all the questions that may arise from it, the parties choose the Judicial District venue of Braga.