FoodToDo Terms of Service and Online Shop

FoodToDo website and online shop (“Site”), our mobile application, email list subscriptions, products and services subscriptions and purchases, and other features (collectively referred to as “Services”) are made available to you in accordance with the following Terms and Conditions of Services ("ToS"). The ToS apply to your access to and use of our Site and the supply of products and services ordered and provided to you via our online shop on the Site. By using the Services or by making purchases in our online shop, you hereby acknowledge that you have read these ToS, understand them, and agree to be bound by such terms and conditions. Please read the ToS carefully before using the Site or placing any orders on our online shop. We recommend you should keep a copy of the TCS for future reference.

These ToS, and possible other related terms set forth on the Services, shall constitute the entire agreement between you and the Company. If you do not agree with any of the terms of this ToS, you must not use the Services.

Services, including the Site and online shop, are operated by Mealplanner Europe Ltd (”Company” or “we”), a company registered in Finland under registration number 2753224-2. Our registered address is Antinkatu 2, 28100 Pori, Finland. Our VAT number is FI 2753224-2. You can contact us by e-mail at info@foodtodo.com.

We also wish to draw your attention to our Privacy Policy, which also apply to you when you use the Services.

1. Amendments

The Company is entitled to, at any time, amend these ToS and such amendments automatically take effect 5 days after they are initially posted on the Site. Your use of the Services, following the effective date of any amendments to the ToS will constitute your acceptance of the amendments. You agree that notice on the Site of the amendments is adequate notice.

If you have any additional question, please contact us at info@foodtodo.com

2. Terms related to Subscription of Products and Services

2.1 Terms related to Subscription of Products and Services

User Requirements: You must be 18 years old or older and provide the Company with accurate and complete registration information in order to be able to make purchases in the Services. Failure to comply with either of these requirements will constitute a breach of these ToS.

You can use the Services and make purchases either as a registered user. During registration you will create a username and password that will be used to authenticate your ongoing access to the Services. You are not allowed to:

  • • Use the name of another person with the intent to impersonate them
  • • Use the rights of another person.

You are responsible for the use of your account and you must make your best effort to keep your password secure. You should not share your password with others. If you believe your account has been compromised, please immediately notify Company of the suspected breach by emailing support@foodtodo.com.

2.2 Subscriptions

Products and services, such as meal plans and other digital products, are ordered by choosing them from the selection and adding them into shopping cart. When ordering our products or services we may ask you to provide information about yourself in order to tailor the product to fit your needs.

Products and services are offered at varying subscription durations. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and services and you commit to the subscription term that you have chosen. You are requested to check the contents of your order carefully before confirming it.

Acceptance of your order and completion of the contract between you and the Company will be completed when we have processed your order and emailed you to confirm that we have accepted your order.

All subscriptions are subject to acceptance and availability. The Company reserves the right not to accept your order.

2.3 Subscription Term, Opt-Out and Cancellation Policy

With the exception of vouchers issued by the Company, which are valid for a fixed term, all of our subscriptions are valid for an ongoing, non-fixed- term and shall renew automatically at the end of their initial subscription term, unless you choose to opt-out or cancel your subscription as described below. Your subscription will be renewed based on the term you selected when initially setting up the subscription. Your credit card or other payment option will be automatically charged at the end of your subscription term unless the subscription is cancelled prior to the automatic renewal.

Excluding individual meal plans, our products and services have a 14 days free trial period during which you are allowed to access and use the product or service. You may cancel a free trial at any time during the free trial period and incur no charge. After the trial period your subscription will be automatically renewed and your credit card or other payment method will be charged at the end of your trial term, unless you cancel the trial during the trial period (with 14 days from the purchase).

If a renewal charge is unsuccessful you need to retry your subscription later. It is your responsibility to ensure that the Company has valid credit card information for your account. We may also use third-party services to retrieve updated credit card information for your account.

You may cancel the subscription or opt out of your next renewal in your profile set. To avoid the processing of a renewal payment, you must cancel or opt out enabling the automated renewal in your profile 24 hours before your renewal time.

When cancelling a free trial or opting out of renewal, you may continue to use the product until the end of the current subscription or the free trial period.

Please note that due to the individual nature of the tailor made mealplans, it is not possible to cancel their order or return them. We will issue you with a full refund without undue delay, and not later than 14 days after the day on which we are informed about your cancellation. We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

2.4 Prices and payment terms

We may change our base subscription prices at anytime. However, with theexception of any discount from coupon codes or promotional offers, the price forany renewal will be at the same base price that you were originally chargedwhen you subscribed—unless we notify you otherwise. Should your basesubscription price change, we will notify you via email and give you a timeperiod of at least two weeks to opt out of the renewal if you do not want tocontinue your subscription at the new price..

Whilst every effort is made to make sure details on the Services are accurate,we may from time to time discover an error in the pricing of products. If wediscover an error in the pricing of a product in your order, we will let you knowas soon as possible. We shall be under no obligation to accept or fulfil an orderfor a product or service that was advertised at an incorrect price. If you order aproduct or service that is priced incorrectly for any reason, we will email ortelephone you to inform you that we have not accepted your order. If you havealready paid for the goods, we shall refund the full amount as soon as we areable.

Prices shown on the Services are in Euros and are inclusive of VAT at theapplicable rate. Any other taxes of your own country are subject of yourresponsibility whether or not they are listed on the Site. The prices of the itemsdoes not include delivery costs or service charge, which, if available, will benotified in the shopping cart and at the checkout in connection with your orderand also in the confirmation email sent to you.

The payment options and fees will be displayed on the Site at the time the subscription is offered.

Currently we offer payment by credit or debit card (VISA, Master Card,American Express) and Paypal. We use a designated third-party paymentplatform to process credit and debit card transactions. All credit/debit cardtransactions on this site are processed using a secure online payment gatewaythat encrypts your card details in a secure host environment. To help ensurethat your shopping experience is safe, simple, and secure we use Secure SocketLayer (SSL) technology.

FoodToDo is not liable for any loss or damage from errant or invalid transactionsprocessed through the third-party payment platform.

2.5 Delivery and Delivery Times

Once your order has been accepted, you will receive an e-mail containing anaccess link to your product. You must have an active registration to theService to have access to the product. Once your subscription expires, you willno longer have access to current or previous products on the Services until suchtime that your subscription is renewed. In the case of certain subscription plans,we limit the amount of downloadable mea plans.

[We offer both ready-made and tailored electronic content, which have differentdelivery times. The ready-made content is usually delivered to you shortly afteracceptance of the order].

[As the tailored digital content, such as individual diet plans drawn up by ourdieticians, take some time to be completed, their delivery will usually be circa14 days after the acceptance of the order. The estimated delivery time of eachservice is indicated in connection with the online shop page of that service]

2.6 Availability

Whilst every effort is made to make sure the delivery times or availabilityinformation on our Services are accurate, we may from time to time discovererrors and cannot guarantee availability or sufficiency. We mostly offer productsor services which are readily available. Occasionally however, we may bewaiting for shipments from our suppliers, in which case the delivery may takesome more time. Sometimes we may be unable to deliver selected products orservices.

If we find out after we have received your order that a product or service istemporarily unavailable or its delivery would take more time than estimated, wewill notify you by email and provide a new estimated delivery date for theproduct/service.

If it turns out that we are not able to deliver the product or service at all, or itwould take over 30 days until it could be delivered, we will inform you about thisand refund the payment to you by using the same payment method that youhave used in connection with your order. In these cases the sale of the productor service is deemed as cancelled. However, when contacting you we will alsogive you the possibility to keep the sale in force and accept a longer deliverytime or a replacing product.

If delivery is delayed by any event outside of our control, we will contact you assoon as possible to let you know and we will take steps to minimize the effect ofthe delay. Provided we do this, we will not be liable for delays caused by theevent, but if there is a risk of substantial delay you may contact us to cancelyour order and we will give you a refund for any goods or services you havepaid for but not received.

3. Intellectual Property Rights

The Services and its content, such as texts, images, information on the products,trademarks and signs shall remain the property of the Company or its co-operationpartners and protected by copyright law and international copyright agreements as wellas other legislation on intellectual property rights and registrations.

All intellectual property rights to the Services and content (such as copyright, registeredand unregistered trademark and design rights, domain names, patents, database rightsand trade secrets, recipes and meal plans) as well as the goodwill generated by their useshall remain the property of the Company or its cooperation partners. The Company doesnot grant you any direct or indirect rights to any intellectual property rights.

4. User Rights

The Company grants you a limited, revocable, non-exclusive and personal rights definedin these ToS to use the Services and content thereof only in accordance with these ToSand with any terms and instructions that may be provided separately in the Services. Youare entitled to use the Services and content thereof only for your own, non-commercialpurposes.

You may not modify or replicate the Services or their content or any part thereof. Youalso may not share, distribute, send, publish or otherwise make public the Services andcontent thereof as is or in a modified form unless specifically permitted in these ToS. Ifthe Services include the express possibility to transfer the content of the Services tosocial media services (so-called social media buttons), such transfer shall not be deemedto conflict with these ToS.

You may not interrupt or attempt to interrupt or otherwise disrupt or attempt to disruptthe operation of the Services or the ability of other users to use the Services in any way.Prohibited actions include planting of viruses, timed malicious software or other materialcapable of affecting the programming structure of the Service.

Some content may be downloaded to your computer or device through use of theServices. This Content remains subject to the limited use license contained in these ToS.

The products and services provided through your subscription is intended for yourpersonal use and should not be shared with others outside of your household apart fromthe approved sharing features of the Service.

You may not use the Services for any illegal or reprehensible purposes.

5. Sharing Your Content and Information

By uploading or creating any content (such as recipes, ratings, reviews, text, pictures, videos or any other material) to the Services, you guarantee that:

  • You own all rights to such content;
  • Such content does not violate any intellectual property rights of the Company or of a third party;
  • Such content is not in any other way illegal or inappropriate;
  • You have received a written consent from all third parties who appear in the content (e.g. in pictures or videos) prior to uploading the content to the Service;

By uploading the content, you grant the Company an irrevocable, non-exclusive,perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce,publish, distribute in any manner existing now or to be developed in the future withoutcompensation of any kind to you or any third party.

The Company has right to remove all such content that violates the applicable laws orregulations or these ToS. The Company shall also have the right to suspend or close youraccount.

We may monitor content submitted, but we cannot be responsible for the submissions ofthird parties. If you see something that you believe violates these ToS or spirit of ourServices, please let us know by contacting us via email.

6. Termination of your Account

If the Company, in its sole opinion, believes that you are acting in a spirit inconsistentwith these ToS or have breached these ToS, we may terminate your account. In such acase, you are not eligible for a refund.

We also reserve the right to terminate your subscription for any reason even if the reasondoes not cause a breach of these ToS. In such a case, we will refund any remainingunused portion of your subscription. The refund will be your sole and exclusive remedy tosuch a termination.

7. Communication Between You and the Company

We will generally contact you to let you know about changes to our Services and theproducts related to our Services. You may opt out of our email communications using thelink in the email communications or in your Profile-Notification Panel. You agree that anydisclosure, notice, agreement, or other communication that we send to you electronicallywill satisfy any legal requirement, including that such communication be in writing.

8. Limitations of Liability

We are committed to providing simple, balanced, healthy meals to help individuals makehealthy choices in consultation with their personal physician.

The Company does not:

  • Guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database
  • Adopt, endorse, or accept responsibility for the accuracy, completeness, or usefulness of any nutritional information

Under no circumstances will the Company be responsible for any loss or damage resultingfrom your reliance on nutritional information and for ensuring that the food you and themembers of your household prepare or consume are in accordance with your specificdietary needs and restrictions. You should always seek the advice of a physician orRegistered Dietitian for your own specific conditions or dietary needs. The Company willnot be liable for any health issues resulting from the consumption of ingredients to whichyou or a member of your household is allergic or that is harmful to you in any way.

The Company strives to ensure continuous and undisrupted access to the Services. We donot, however, guarantee uninterrupted, timely or error-free operation of the Services.The Services, including online shop, products and services, is provided on an ”as is”basis. We are not liable for the correctness, reliability, errors, deficiencies, inaccuracies orother shortcomings of the information or content provided by the Services.

We cannot guarantee the data security of the Services, the content thereof or anyinformation distributed via the Services, nor are we responsible for ensuring that onlinenewsletters sent via the Services do not include viruses or other malware. The Companyshall not be held liable either for any information the user sends or receives or fails tosend or receive via the Services.

The Services may not necessarily be available in all countries and it may be available onlyin certain languages or certain devices. The Services, their operation and some of itsfeatures may rely on the compatibility of equipment used, network connections andcontent formats.

The Company shall not be held liable for any direct, indirect, incidental or consequentialdamages or damages based on liability for damages or specific damages, includingdamage caused by loss of business, contracts, profit or information or by the interruptionof business, attributed to use of or inability to use the Services, online shop or its contentor to these ToS, irrespective of whether the damage was due to contract, infringement ofrights, negligence or other grounds, even if the Company had been informed in advanceof the possibility of such damage. In all cases, our liability shall always be limited to theliability set out in mandatory legislation.

You hereby acknowledge and agree to release the Company and all its employees,managers and representatives from any and all suits and claims that may arise from youruse of the Services.

9. Force Majeure

We shall not be liable for any defects in its products, services, delays in deliveries orother breaches of agreement that are attributable to causes beyond our reasonablecontrol (force majeure). Even in situations such as these we shall, however, continue tostrive to provide the best possible service to you.

10. Assignment

The Company reserves the right to assign or transfer our rights and obligations underthese ToS. These ToS are personal to you and, as a result, you may not, without thewritten consent of the Company, assign or transfer any of your rights and obligationsunder these ToS. There will be no third-party beneficiaries to these ToS.

11. Applicable legislation and settlement of disputes

These ToS are governed by and construed in accordance with Finnish law and subject tothe exclusive jurisdiction of the Finnish courts. However, as a consumer you may alsosubmit disputes to the Finnish Consumer Disputes Board (www.kuluttajariita.fi). Beforesubmitting the dispute to the Consumer Disputes Board, you must contact ConsumerAdvisory Services at Local Register Offices (www.kuluttajaneuvonta.fi).

If you have a complaint about us, please email info@foodtodo.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. In the event of a disagreement concerning the ToS or application thereof, you and we shall strive to resolve the dispute primarily through negotiations.