1. Subject Matter and Scope
1.1. These Terms and Conditions govern access to and use of the website www.patriciacunhanutricao.pt and the Patrícia Cunha app, as well as the purchase of nutrition plans, training plans or any other services and products made available by Nutritionist Patrícia Cunha (hereinafter collectively referred to as the "Platform").
1.2. Use of the services implies the User's full acceptance of these Terms and Conditions.
2. Registration and Access
2.1. Access to the services requires registration with a personal username and password, which are non-transferable and for the User's exclusive use.
2.2. The User declares to be over 18 years of age and to have the legal capacity to enter into contracts.
3. Payments and Service Delivery
3.1. Subscriptions and purchases are only processed upon effective receipt of payment.
3.2. Plans are made available in the app within a maximum of 2 business days after payment confirmation.
3.3. The agreed price will be subject to VAT at the applicable legal rate, where applicable.
3.4. Access to the plans ceases automatically upon expiry of the subscription.
4. User Obligations
4.1. The User acknowledges that the provision of services requires the complete and accurate completion of the clinical intake form and questionnaires provided, as well as the submission of data, photographs and progress updates on the requested dates.
4.2. The User agrees to use the app solely for personal, private and non-commercial purposes.
4.3. Failure to comply with these obligations constitutes grounds for termination of the contract by the service provider, with no entitlement to a refund.
5. Right of Withdrawal
5.1. Under Decree-Law No. 24/2014, the User has a 14-day period to exercise the right of withdrawal, unless they have consented to the immediate commencement of the services, in which case this right will be forfeited upon full delivery of the contracted plan.
5.2. Should the User exercise the right of withdrawal after the service has commenced but before full delivery, a fee of €35 (thirty-five euros) will apply, corresponding to the work already provided.
5.3. By purchasing a subscription plan, the User accepts that the provision of services and the design of the plans are conceived at the outset. For this reason, the User waives the right to any refund in the event of cancellation, while retaining the right to access and use the app until the end of the contracted period.
6. Disclaimer of Liability
6.1. The services provided do not replace a medical consultation or in-person clinical assessment.
6.2. The User is solely responsible for following the plans and acknowledges that they must first ensure their physical fitness with the support of a medical professional.
6.3. The service provider does not guarantee specific results and accepts no liability for any direct or indirect damages resulting from the use of the services.
6.4. External collaborators may be engaged to ensure the adequate delivery of the contracted services. Such use of third parties does not entail any additional costs for the User.
6.5. As the app relies on external platforms, interruptions or failures may occur for which the service provider is not responsible.
7. Intellectual Property
7.1. All content made available on the Platform, including plans, texts, images, logos, trademarks and digital products, is the property of Nutritionist Patrícia Cunha. Any unauthorised reproduction, distribution or use is strictly prohibited.
7.2. The User gives their express consent to the use of their image whenever it is voluntarily submitted through the app.
8. Changes to the Terms and Conditions
These Terms and Conditions may be updated at any time, with such changes taking immediate effect in relation to new purchases or subscriptions. Price changes apply only to future renewals.
9. Governing Law and Jurisdiction
These Terms and Conditions are governed by Portuguese law. In the event of any dispute regarding their interpretation or enforcement, the courts of the district where Nutritionist Patrícia Cunha is domiciled shall have exclusive jurisdiction.
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