These Terms of Service (“Terms of Service”) govern the relationship between You (“You”) and The MealPlanner Europe Ltd. and its affiliates (“MealPlanner” or “We”) regarding the use of the FoodToDo™ & FoodToDo™ Pro services, which consist of foodtodo.com website and online shop (“Site”), our downloadable mobile application, email list subscriptions, meal plan content and other products subscriptions / purchases, and other features (collectively referred to as “Services”). The Site and the 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 Services ordered and provided to You via our online shop on the Site. By using the Site or 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 ToS for future reference.
These ToS, and possible other related terms set forth on the Site, shall constitute the entire agreement between You and MealPlanner. If You do not agree with any of the terms of this ToS, You must not use the Site or the Services.
The Site, including online shop, and the Services are operated and provided by Mealplanner, 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 email@example.com.
“Account” means an account You create when You access the parts of the Site and Services which require registration and login.
"Content" – means any future foresight information or other data collected by Us or third parties for Us in whatever form or format from time to time and made available to You through the Site and the Services.
“Data” means the data accrued within the Site and the Services and available to You through them.
“FoodToDo™ Services” refers to contents of the Site and Services targeted to private person users, such as the possibility to upload and edit one’s personal, contact, anthropometric, health and lifestyle related information, to receive tailored meal plans or recommendations on healthy lifestyle choices including recipes, log and monitor personal health data (including through health tracking information with IOT and smat devices) and share the afore mentioned information with professional users for dietary assistance.
“FoodToDo™ Pro Services” refers to contents of the Site and Services targeted to professional users, such as the possibility to create personalized meal plans for clients, use, create and analyze recipes, monitor client’s nutrition with food diaries and smart devices, schedule appointments with client’s, low and review client data and promote one’s practice to get more clients.
“License” means the license to use the Site and Services, acquired by You or Your Organization from MealPlanner.
“Organization” means the employer of a professional user that has acquired from Us a right to assign to You a License from time to time as an employee or a member of the Organization.
3. Amendments to the ToS
MealPlanner is entitled to, at any time, change, modify, add or remove parts of these ToS, and such amendments automatically take effect 5 days after they are initially posted on the Site. Your use of the Site and/or the Service, 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 questions, please contact Us at firstname.lastname@example.org.
MealPlanner grants You, subject to Your acceptance to and compliance with these ToS and with any terms and instructions that may be provided separately in the Services, a non-exclusive, non-sublicensable, non-transferable, revocable limited right to use the Services for, for the part of FoodToDo™ Services, personal or, for the part of FoodToDo™ Pro Services, restricted commercial use only. All other rights shall be reserved.
You are solely responsible for all activity on Your Account whether within the Site and the Services, as well as for the security of Your computer or mobile systems. You may not reveal, share or otherwise allow others to use Your login information or Account, or let anyone access Your Account.
You are personally responsible for the login information and Account and for all of the communication and activity in connection with the Site, the Services or any other services that results from the use of Your Account. You may not charge others for the right to use Your Account, or sell or otherwise transfer Your Account. You will not sell or give away Your Account, create an Account using a false identity or information, or on behalf of someone other than Yourself.
If You believe Your account has been compromised, You must immediately notify Us of the suspected breach by emailing email@example.com.
4.3 Limitations of use
You may not use the Site or the Services for any purpose other than their permitted use. You may not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Site and the Services or to obtain any information from services by any method not expressly permitted by MealPlanner.
You may not modify or replicate the Services or their content or any part thereof. You also may not share, distribute, send, publish or otherwise make public the Services and the contents thereof as is or in a modified form, unless specifically permitted in these ToS. If the Services include the express possibility to transfer the content of the Services to social media services (so-called social media buttons), such transfer is not be deemed to conflict with these ToS.
You may not interrupt or attempt to interrupt or otherwise disrupt or attempt to disrupt the 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 material capable of affecting the programming structure of the Service.
Some content may be downloaded to Your computer or device through use of the Services. This Content remains subject to the limited use license contained in these ToS.
The FoodToDo™ Services provided to You through Your subscription are intended for Your personal use and should not be shared with others outside of Your household apart from the approved sharing features of the Service.
The FoodToDo™ Pro Services provided to You through Your subscription are intended for Your limited professional use and should not be shared with others outside of Your Organization apart from the approved sharing features of the Service.
You may not use the Services for any illegal or reprehensible purposes.
4.4 System requirements
You understand that the Site and the Services are evolving solutions and that for reasons that include, without limitation, system security and stability, MealPlanner may need to automatically update, pre-load, create new versions or otherwise enhance the Site or the Services (including mobile application) and accordingly, the system requirements to use the application may change over time.
MealPlanner provides new versions, enhancements, upgrades or updates of the Site and the Services in its sole discretion. All upgrades and updates are provided to You on a license exchange basis. By using an upgrade or update, You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by MealPlanner with additional or different terms.
You may need to update third-party software from time to time to use the Site and the Services.
4.5 User requirements and your account
You must be 18 years old or older and provide Us with accurate and complete registration information in order to be able to use the Services, to subscribe to any products or make purchases in the online shop. Failure to comply with these requirements will constitute a breach of these ToS.
You can use parts of the Site and the Services, make purchases and create and submit content to the Site and the Services only as a registered user. During registration, You will create a username and password that will be used to authenticate Your ongoing access to the parts of the Site and the Services that require registration and login. You are not allowed to:
The functionality of the Site and the Services may depend on the scope of license granted to You by MealPlanner to its Services.
Regardless of what anything else states in these ToS, Your Account is not Your property. Your Account and any related items are owned by MealPlanner. MealPlanner gives You a limited right to use Your Account and the related items while We offer the Services.
If You want Us to delete Your Account, email Us at firstname.lastname@example.org or, if an Organization assigned You a right to use The FoodToDo™ Pro Services, contact Your Organization.
An Organization having acquired a right to assign You the License shall ensure that You and any other users authorized by the Organization to use the Site and the Services comply with these Terms. Each Organization shall enter into a separate License Agreement with Us and as a professional user You understand that the validity of Your License may depend on the continuing validity of such a License Agreement between Us and the respective Organization.
The Organization may have rights to the User Data pursuant to the License Agreement including a right to retain the User Data and use it for their own purposes.
You should direct any claims regarding Your License assigned to You by an Organization or the termination thereof, or regarding the use of Your User Data by the Organization to the respective Organization.
The Site and the Services (including the related software and media as well as the contents such as texts, images, information on the products, trademarks and signs) are protected by copyright and other intellectual property laws. MealPlanner and other rights holders retain their respective rights title and interest to the Site and the Services (including without limitation any server software and user interface and documentation relating thereto).
All intellectual property rights to the Site, the Services and their content (such as copyright, registered and unregistered trademark and design rights, domain names, patents, database rights and trade secrets, recipes and meal plans) as well as the goodwill generated by their use will remain the property of MealPlanner or its cooperation partners.
MealPlanner does not grant You any direct or indirect rights to any intellectual property rights. You acknowledge that You have no right or title in or to any of the above or any other attributes associated with the Site and the Services, and Your use of the same does not imply any transfer thereof to You.
6.1 User Data
7.1 Rights to content
You will gain access to the content of the Site and the Services (“Content”) as made available by Us from time to time as part of the License. You or Your Organization may only allow third parties’ access to Content subject to Our express written permission.
You may not sell, distribute, sublicense, assign or transfer Content nor the rights granted to You or Organization to the Content.
7.2 Third party materials
We shall be responsible for having the rights necessary for the collection, storing and use of Content originating from third parties, including any permission by relevant third parties providing information constituting or being used to develop Content.
You shall comply with any use or license terms relating to third-party rights of which You have been made aware of.
7.3 Content Warranty
Content is based on information gathered in good faith from information sources that are regarded by Us as reliable. We are not in a position to guarantee the completeness or accuracy of Content.
In no event shall We be responsible for any errors or discrepancies in Customer Data or Third Party Materials.
7.4 Use of Content and User Content
You shall be solely responsible for the actual use and application of Content.
The Site and Service allow You to upload and create material and information and to interact and share such content with other users. By uploading or creating any materials and information, including but not limited to information, data or other user-generated material (such as recipes, ratings, reviews, text, pictures, videos or any other material) (“User Content”) to the Site and/or the Services, You guarantee that:
MealPlanner has right to remove or refuse any submitted User Content for any reason, and all such User Content that violates the applicable laws or regulations or these ToS. MealPlanner does not allow submitted items that contain:
MealPlanner also has the right to suspend or close Your Account.
We may monitor any user content submitted, but We cannot be responsible for the submissions of third parties. If You see something that You believe violates these ToS or spirit of our Services, please let Us know by contacting Us via email.
7.5 Access to other services
Upon Your authorization, MealPlanner may access Your user account(s) in Samsung Health or other third-party services (including associated data and other material) to allow You to interact with such third-party services using the Services, including the creation and submitting of content to as well as uploading content from such services, when permitted by such services.
8. Terms related to subscription of services
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 MealPlanner 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. MealPlanner reserves the right not to accept Your order.
8.2 Subscription term, opt-out and termination
With the exception of vouchers issued by MealPlanner, 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 terminate 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 for new users, 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 MealPlanner 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 terminate the subscription by opting out of Your next renewal in Your profile set by accessing Your Account. 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.
We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at Our sole discretion. We will not be liable to You or any third party by reason of our withdrawing any merchandise from the Services whether or not that merchandise has been sold out, removing, screening or editing any materials or content on the online shop, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
8.3 Prices and payment terms
We may change our base subscription prices at any time. However, with the exception of any discount from coupon codes or promotional offers, the price for any renewal will be at the same base price that You were originally charged when You subscribed, unless We notify You otherwise. Should Your base subscription price change, We will notify You via email and give You a time period of at least two weeks to opt out of the renewal if You do not want to continue 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 We discover an error in the pricing of a product in Your order, We will let You know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product or service that was advertised at an incorrect price. If You order a product or service that is priced incorrectly for any reason, We will email or telephone You to inform You that We have not accepted Your order. If You have already paid for the goods, We shall refund the full amount without undue delay. 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.]
Prices shown on the Services are in Euros and are inclusive of VAT at the applicable rate. Any other taxes of Your own country are subject of Your responsibility whether or not they are listed on the Site. The prices of the items do not include delivery costs or service charge, which, if available, will be notified in the shopping cart and at the checkout in connection with Your order and also in the confirmation email sent to You.
The payment options and fees will be displayed on the Site at the time the subscription or a product or service is offered.
Currently We offer payment by credit or debit card (VISA, Master Card, American Express) and Paypal. We use a designated third-party payment platform to process credit and debit card transactions on the Site and in mobile devices. All credit/debit card transactions on the Site are processed using a secure online payment gateway that encrypts Your card details in a secure host environment. To help ensure that Your shopping experience is safe, simple, and secure We use Secure SocketLayer (SSL) technology. Payments for the Services via mobile devices are made through the application stores, which offer the FoodToDo application for downloading, which are currently App Store by Apple Inc. and Google Play by Google, Inc.
MealPlanner is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
8.4 Delivery and delivery times
Once Your order has been accepted, You will receive an e-mail containing an access link to Your product or service. You must have an active Account to the Service to have access to the product. Once Your subscription expires, You will no longer have access to current or previous products on the Services until such time that Your subscription is renewed. In the case of certain subscription plans, We limit the amount of downloadable meal plans.
Our services are delivered to You as digital content in electronic form through foodtodo.com and pro.foodtod.com websites or FoodToDo mobile application, where they will be saved and available for Your use.
We offer both ready-made and tailored services, which have different delivery times. The ready-made services are at Your disposal shortly after the subscription once We have sent You the confirmation of contract. When subscribing to ready-made services You accept that they are delivered to You without delay, and that this results in You not having the right to cancel Your order. This does not affect to the right of any new user to cancel the free 14-day trial as set out in section 8.2 above.
As the tailored services, such as individual diet plans drawn up by dieticians, take some time to be completed, their delivery will usually be circa 14 days after We have sent You the confirmation of contract.
The estimated delivery time of each service is indicated in connection with the online shop page of that service.
If the order contains services with varying delivery times, We shall be entitled to deliver the services to You in at different times. There is no delivery charge for our services. We strive to deliver services as soon as possible.
You must inspect the delivery immediately after having received it to ensure that the service delivered is not defective. You shall also ensure that the delivery contains all the services ordered by You, unless We have informed You that We will deliver some parts of Your order later.
Should You notice any deficiencies in the delivery or service, You must notify our customer service thereof without delay and at the latest within fourteen (14) days (email: email@example.com).
If a deficiency is confirmed in the delivery or the Service, We shall be entitled in the first instance to rectify said deficiency within a reasonable period of time or replace the Service with a defect-free item. We shall be liable for any defect in the Service in accordance with the consumer protection legislation in force.
8.5 Right to cancellation
Please note that due to the individual nature of the tailor made meal plans, it is not possible to cancel their order or return them.
Our other services are digital content services that You accept to receive soon after Your order has been placed. Because of the nature of these Services and their delivery method, You will not have the right to cancel their order or return them either.
Whilst every effort is made to make sure the delivery times or availability information on our Services are accurate, We may from time to time discover errors and cannot guarantee availability or sufficiency. We mostly offer products or services which are readily available. Occasionally however, the delivery may take some more time. Sometimes We may be unable to deliver selected products or services.
If We find out after We have received Your order that a product or service is temporarily unavailable or its delivery would take more time than estimated, We will notify You by email and provide a new estimated delivery date for the product/service.
If it turns out that We are not able to deliver the product or service at all, or it would take over 30 days until it could be delivered, We will inform You about this and refund the payment to You by using the same payment method that You have used in connection with Your order. In these cases, the sale of the product or service is deemed as cancelled. However, when contacting You We will also give You the possibility to keep the sale in force and accept a longer delivery time or a replacing product.
If delivery is delayed by any event outside of our control, We will contact You as soon as possible to let You know and We will take steps to minimize the effect of the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to cancel Your order and We will give You a refund for any goods or services You have paid for but not received.
9. No warranties and limitation of liability
We are committed to providing simple, balanced, healthy meals to help individals make healthy choices in consultation with their personal physician.
MealPlanner does not:
MealPlanner strives to ensure continuous and undisrupted access to the Site and the Services. However, We do not guarantee uninterrupted, timely or error-free operation of the Site or the Services. The Site and the Services, including online shop, products and services, are provided on an ”as is”basis. We are not liable for the correctness, reliability, errors, and deficiencies, inaccuracies or other shortcomings of the information, Content or User Content provided in the Site or the Services.
We cannot guarantee the data security of the Site, the Services, the content thereof or any information distributed via the Services, nor are We responsible for ensuring that online newsletters sent via the Services do not include viruses or other malware. MealPlanner will not be held liable either for any information a user sends or receives, or fails to send or receive, via the Services.
The Site and the Service may not necessarily be available in all countries and they may be available only in certain languages or on certain devices. The Services, their operation and some of its features may rely on the compatibility of equipment used, network connections and content formats.
MEALPLANNER SHALL NOT BE LIABLE
THE RISK OF USING THE SITE AND THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SITE AND THE SERVICES AND EXTERNAL SITES.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. These limitations/exclusions may not apply to You if You reside in one of those states or countries. In all cases, our liability shall always be limited to the liability set out in mandatory legislation.
You shall defend, indemnify and hold harmless MealPlanner, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to Your breach of these ToS or portion hereof, or any act or omission by You relating to MealPlanner (including Your above warranties relating to User Content).
10. Suspending accounts and termination
10.1 Failure to comply with these ToS
Without limiting any other remedies, MealPlanner may, at its sole discretion, limit, suspend, terminate, modify, or delete Your Account or the access to the Services or portions thereof, if You are acting in a spirit inconsistent with these ToS, fail to comply with any of these ToS, or if MealPlanner suspects such failure, without notice to You. The same applies to any actual or suspected illegal or improper use of the Site or the Services.
We also reserve the right to to stop offering or supporting the site and the services or a part thereof at any time, at which point Your license will be automatically terminated, or terminate Your subscription for any reason even if the reason does not cause a breach of these ToS. In such a case, We will refund any remaining unused portion of Your subscription. The refund will be Your sole and exclusive remedy to such a termination.
10.3 Your right to terminate
You may terminate Your Account at any time and for any reason by discontinuing Your subscription. When cancelling a free trial or opting out of subscription renewal, You may continue to use the product and Our related Services until the end of the current subscription or the free trial period.
13. Language of the terms
14. No waiver
15. Notices and communication between You and MealPlanner
We may notify You by posting something on foodtodo.com or the FoodToDo mobile application, and sending You an e-mail or using other ways of communicating with You based on the contact information You provide to Us.
We will generally contact You to let You know about changes to our Site or Services and the products related to our Services. You may opt out of our e-mail communications using the link in the e-mail communications or through Your Accoun (option in Your Profile-Notification Panel). You agree that any disclosure, notice, agreement, or other communication that We send to You electronically will satisfy any legal requirement, including that such communication be in writing.
For questions or comments regarding our ToS, please contact our team by email at firstname.lastname@example.org.
16. Force majeure
We are not be liable for any defects in its products, services, delays in deliveries or other breaches of agreement that are attributable to causes beyond our reasonable control (force majeure), such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Even in situations such as these We shall, however, continue tostrive to provide the best possible service to You.
17. Applicable law and settlement of disputes
These ToS, and any policies referred to in these ToS, are governed by and construed in accordance with Finnish law excluding its choice of law provisions, and subject to the exclusive jurisdiction of the Finnish courts. However, private person users as consumers may also submit disputes to the Finnish Consumer Disputes Board (www.kuluttajariita.fi). Before submitting the dispute to the Consumer Disputes Board, You must contact Consumer Advisory Services at Local Register Offices (www.kuluttajariita.fi).
If You have a complaint about Us, please email email@example.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.