We’ll start with a few definitions that should help you understand these Terms. Eetplan Idees offers an online membership website (the “Platform”) that provides you with pre-defined meal plans with recipes and shopping lists based on The 28 Day Diet; allows you to enter and keep record of your weight readings; view our database with helpful information (the “Knowledgebase”) and engage with other members in our online “Community”.
Eetplan Idees has employees, officers, directors, independent contractors, and representatives (“our Team”). As a customer of the Service, you’re a “Member” according to this Agreement (or “you”).
In order to use the Service, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the account registration process;
3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
4. provide true, complete, and up-to-date contact and billing information;
5. be familiar with The 28 Day Diet;
6. received clearance and/or permission from a registered health practitioner to proceed with following The 28 Day Diet and its prescribed guidelines;
7. not be a service provider, fitness instructor, health practitioner or any individual or organisation intending to copy the information or share the information with your clients/members, for free or at a fee.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Eetplan Idees may refuse service, close accounts of any Members, and change eligibility requirements at any time.
When you sign up for an account and agree to these Terms, the Agreement between you and Eetplan Idees is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Eetplan Idees account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.
3. Closing Your Account
You or Eetplan Idees may terminate the Agreement at any time and for any reason. You may do so by terminating your Eetplan Idees account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your weight loss data.
We may change any of the Terms by posting revised Terms on our Eetplan Idees Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Eetplan Idees is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.
6. Account Disputes
We don’t know your level of computer skill or knowledge of the internet and online transactions or online memberships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. In cases where hacking of personal or banking information from your side is suspected, we’ll require you to resolve the matter through proper channels outside of Eetplan Idees, including your email provider and bank.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and other functionality, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
7. Monthly Payment Plans
When you sign up for a Monthly Payment Plan, you agree to monthly recurring billing, starting on the date you sign up. Monthly billing occurs in intervals of 30 calendar days, starting from the date that you first started paying for any recurring monthly plan. Payments are due for any month on the same or closest date to 30 days after you made your first monthly payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month. Your monthly subscription payment covers a month (30 calendar days) or any part thereof, payable in advance, and will be charged until you or we cancel the plan.
8. Annual Payment Plans
When you sign up for a Annual Payment Plan, you agree to annual recurring billing, starting on the date you sign up. Annual billing occurs in intervals of 12 calendar months, starting from the date that you first started paying for any recurring annual plan. Payments are due for any year on the same or closest date to 12 months after you made your first annual payment (the “Pay Date”). If any part of a year is included in the Term, then payment is required for the full year. Your annual subscription payment covers a year (12 consecutive calendar months) or any part thereof, payable in advance, and will be charged until you or we cancel the plan.
You or Eetplan Idees can cancel your subscription at any time, without notice. Cancellations can be done in your profile, or it can be directed in writing to [email protected]. Cancellations will be effective immediately and you will have access to the Service for the remainder of the time as stipulated by your current Payment Plan.
10. Debit and Credit Cards
As long as you’re a Member with a Paid Monthly Plan, Paid Annual Plan, or are otherwise utilizing paid features of the Service or have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorize our third party payment processors to deduct your charges against that card, on our behalf. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.
Due to the digital nature of our Service, you won’t be entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.
13. Billing Changes and Taxes
We may change any of our fees, including our charges for Monthly Payment Plans and Annual Payment, at any time by posting a new pricing structure to our Eetplan Idees Site or in your account and/or sending you a notification by email. Quoted fees may not include sales or other transaction-based taxes of any kind.
“Tax” or “Taxes” means all applicable taxes, including but not limited to indirect taxes such value added tax (“VAT”), administrative fees or payment processing fees. Unless otherwise stated, any consideration, amount payable, prices, fees, payment terms and/or any other amounts are inclusive of Taxes. In the event that any amount payable by you to Eetplan Idees is subject to Taxes, Eetplan Idees shall collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which Eetplan Idees is entitled.
14. Limitation of Liability
To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Eetplan Idees Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of Eetplan Idees and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
15. No Warranties
Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Meal Plans, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.
17. Equitable Relief
Your violation of these Terms may cause irreparable harm to Eetplan Idees, our brand image and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).
18. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behaviour of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Service Provider”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Service Provider.