Terms and conditions for delicious. Meal Planner
WHO WE ARE
We are Eye to Eye Media Limited, a company incorporated and registered in England with company number 06870389 (we, our, us). Our registered office is at Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT.
These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when access our websites located at mealplanner.deliciousmagazine.co.uk and mealplanner.healthyfood.co.uk (the Websites) and, if applicable, subscribe to any of the services offered via the Websites (the Services).
Please refer carefully to these Terms before you start to use or access the Websites and (if applicable) the Services. We recommend that you print a copy of these Terms for future reference.
By using the Websites and (if applicable) the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
OTHER APPLICABLE TERMS
These Terms refer to and incorporate the following additional documents, which also apply to your use of the Websites and (if applicable) the Services:
CHANGES TO THESE TERMS
At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Websites and the Services.
We will notify you of changes to these Terms by email or through messaging on the Websites. By continuing to use any of the Websites and (if applicable) the Services after changes are made, you are accepting those changes and will be bound by them.
THE MEAL PLANNER SERVICE
We offer various Services via the Websites, including those which allow you to:
- browse recipes;
- create bespoke meal plans tailored to your specifications;
- benefit from intelligent meal planning linked to your shopping habits and stated preferences;
- generate shopping lists based on your recipe choices and meal plans; and
- link your shopping lists to your online shopping account(s) with third party grocery suppliers.
The list above is not an exhaustive list of the Services and we may decide to offer additional Services, or cease to provide any Services, at any time.
From time to time we may add updates to improve our service, for example, with beta functionality. You’ll always be informed of these changes, either by email or via messaging on the MealPlanner or other suitable notification.
You do not have to register to the Websites, but the Services are available only to users who (a) register and set up an account; and (b) pay the relevant Subscription Fees (see the Subscription Fees, Prices and Payment section below). Users who have registered and are paying Subscription Fees are called Subscribers (and Subscribe and Subscription will be construed accordingly).
In order to use the Service you must be at least 18 years old and have a smart phone/tablet or computer with an internet connection.
You agree that you will provide truthful and accurate information when registering on the Websites. The decision to register a password is in our discretion and we may revoke your password at any time.
You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password and your account, and for any access to or use of the Websites and/or the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the Websites and/or the Services. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms.
You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time or email firstname.lastname@example.org to notify us of any changes.
SUBSCRIPTION FEES AND PAYMENT
Access to the Services is subject to payment of a monthly subscription fee (the Subscription Fee).
Current Subscription Fee prices will appear on the relevant page(s) of the Websites. We may change our prices at any time. If your Subscription Fee is due to change, we will send you an email notification 7 days before the change is to take effect. With the notification, we will offer you the option of ending your Subscription (without penalty), or accepting and continuing with your Subscription at the new price.
We accept Visa, Mastercard and American Express payments from customers. By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the relevant fees.
The Subscription Fee is charged monthly in advance, on the same calendar day as the day on which you first Subscribed to the Service up until you end the Subscription. In the event the Subscription Fee cannot be charged on the same calendar day in a certain month, e.g. if such day should not occur on a business day (except for public holidays) the Subscription Fee will be charged on the next business day.
SPECIAL OFFERS AND TRIALS
We may from time to time run special offers whereby the standard monthly Subscription Fee is discounted for a certain number of months (for example: the first 3 months of your Subscription).
We may also from time to time offer trials. Trials allow you to try the Services for a limited period of time (the Trial Period) at a discounted rate, and you can cancel at any time during the Trial Period by contacting us at email@example.com or in writing to delicious. Meal Planner, Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT. If you cancel during the Trial Period, your Subscription will cease at the end of the Trial Period and no further sums will be payable. If you do not cancel during the Trial Period, your Subscription will continue and you will be charged the standard monthly Subscription Fee from the end of the Trial Period until you cancel your Subscription in accordance with these Terms.
CANCELLING YOUR SUBSCRIPTION
Cancellation by you: You can cancel your Subscription at any time by contacting us at firstname.lastname@example.org stating that you wish to cancel your Subscription and including your name the email address associated with your account. You can also cancel online via the “My Account” page of the Websites under the “Your subscription and payments” section. Your cancellation will take effect at the end of your then-current Subscription period (for example, if you have a monthly Subscription, at the end of the then-current month; if you have an annual Subscription, at the end of the then-current year).
Ending your Subscription early because of something we have done or are going to do. You may also cancel your Subscription if:
- we have told you about an upcoming significant change to your Subscription or these Terms to which you do not agree;
- we have told you about an error in the price or description of your Subscription and you do not wish to proceed with the Subscription at the correct price or description; or
- we have suspended the supply of the Websites and/or Services for technical or other reasons, or we notify you that we are going to suspend the Websites and/or Services for such reasons, in either case for a period of more than 7 days.
If you want to cancel for any of the above reasons, please write to us at us at email@example.com or in writing to delicious Meal Planner, Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT. Cancellation will take effect on our receipt of written notice and will we will refund you any Subscription Fees that you have paid us in advance that relate to any remaining and unexpired period of your Subscription.
Cancellation by us: We may cancel your Subscription if you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due. Your statutory rights are not affected.
YOUR STATUTORY RIGHT TO CANCEL
In addition to the cancellation rights described above, you have a legal right (under certain circumstances) to change your mind and cancel your Subscription within 14 days of making your first payment. This 14 day period is called the Cancellation Period. You do not need to give a reason for exercising this right.
If you want to exercise your statutory cancellation right, please let us know during the Cancellation Period by doing any of the following:
- By email. Email us at firstname.lastname@example.org. Please provide your name and the email address associated with your account.
- Online. Via the “My Account” page of the Websites under the “Your subscription and payments” section.
- By post. Print off the model cancellation form we’ve provided at the end of these Terms and post it to us at our address. Or simply write to us, including details of your Subscription (including when you signed up for it) and your name and email address. Send to delicious Meal Planner, Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT.
If you exercise your right to cancel within the Cancellation Period as described in this section, we will refund the Subscription Fee you have paid.
Your refund will be made without delay and in any event within 14 days of your telling us you have changed your mind, and will be made by the method you used for payment, unless you expressly request/agree otherwise.
ACCEPTABLE USE RESTRICTIONS
You may use the Websites and (if applicable) the Services for personal and lawful purposes only. In particular, but without limitation, you agree not to:
- use the Websites or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use the Websites or the Services in any way that is defamatory, threatening, abusive, pornographic, or otherwise objectionable; or which advocates bigotry, hatred, or illegal discrimination;
- use, share, or otherwise exploit the Websites or the Services for any commercial, business, or monetised purpose whatsoever unless expressly permitted under these Terms;
- reproduce, duplicate, copy, share, or re-sell any part of the Websites or the Services in contravention of these Terms;
- use the Websites or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of Websites or the Services; or
- access without authority, interfere with, damage or disrupt (a) any part of the Websites or the Services; (b) any equipment or network on which the Websites are stored; (c) any software used in the provision of the Websites or the Services; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
ENDING YOUR RIGHTS UNDER THESE TERMS
We may end your rights under these Terms immediately and without notice if:
- you have breached any of the Acceptable Use Restrictions;
- we believe (in our reasonable discretion) that your use of the Websites and/or the Services is unsuitable; or
- you are otherwise in breach of these Terms.
If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to and use of the Websites and (if applicable) the Services.
INTELLECTUAL PROPERTY RIGHTS
The Websites, and all material published on, in, or via the Websites (including but not limited to all text (including recipes), graphics, photos, logos, button icons, trade marks, audio and audio visual clips, databases, data compilations, and data (together the Meal Planner Content)) is owned and controlled by or licensed to us.
You have no rights in, or to, the Meal Planner Content other than the right to use the Meal Planner Content strictly in accordance with these Terms.
You may not copy, adapt, display, share, or otherwise use any Meal Planner Content except as enabled and permitted by the Websites and these Terms from time to time.
AVAILABILITY OF THE SERVICES
The Websites and the Services are provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Websites or the Services, or that the Websites or the Services will be secure, uninterrupted or free of defects.
Your access to the Websites and/or the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new Services, though we will use our reasonable efforts to limit any such periods of suspension/restriction to the minimum necessary.
WEBSITES WE LINK TO
The Websites may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
We will use reasonable endeavours to ensure that no part of the Websites will contain or spread any viruses or other malicious code. However, we recommend that you ensure that equipment used to access the Websites run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Websites and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Websites.
NO RELIANCE ON INFORMATION
All information published on or via the Websites is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
We make no guarantees as to potential outcomes arising from your use of the Websites or the Services. You acknowledge and understand that no aspect of the Websites or the Services should be construed as medical, dietary, lifestyle or any other form of advice or diagnosis. The Websites and the Services should not be used as substitutes for specialist consultation, evaluation, or treatment. You are urged and advised to seek the advice of a qualified health professional before beginning any dietary regimen, particularly if you are pregnant, breastfeeding, and/or have any type of health condition. We cannot and do not accept any liability for any outcomes or consequences arising from your use of the Websites or the Services, save to the extent set out in the paragraph below (see the Our Responsibility For Loss Or Damage Suffered By You section below).
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We provide the Websites and the Services for domestic and private use only. You agree not to use the Websites or the Services for any commercial or business purposes.
We are not responsible for the acts or omissions of any third party, including (without limitation) any third party grocery supplier who you have linked to via your account.
If any aspect of the Websites or the Services damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.
Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Websites or the Services may have on you, and you agree that you access the Websites and (if applicable) the Services at your own risk.
COMMUNICATIONS BETWEEN US
If you wish to contact us for any reason, you can do so:
- by e-mailing us at email@example.com; or
- by writing to us at delicious. Meal Planner, Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
EYE TO EYE MEDIA LIMITED
Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT
I hereby give notice that I cancel my contract for the supply of Meal Planner subscription services.
Ordered on (date):