General Terms and Conditions
for the use of services covered by the Platform
1. These General Terms and Conditions (“T&Cs”) govern the entire relationship between the Client and MHD Ltd., BG206204595, with seat and registered address at 10 Stefan Karadja street, 3-4 floor, Sofia, a company incorporated under the laws of Bulgaria (EU).
2. Before the Agreement is concluded, these T&Cs will be available for reference to the Client on the Website www.myhealth.diet. In addition, the Client is advised to read the answers to the “Frequently Asked Questions” which are published on the Website.
1. Part of the definitions are defined in the introductory part of these T&Cs. Unless these T&Cs provide otherwise, wherever used in these T&Cs, including the introductory part, the following terms, when capitalized, shall have the following meaning:
1.1. Agreement - the concluded legal relationship between the Company and the Client governed by the T&Cs, which has as a subject matter the provision of online Services to the Client.
1.2. Client - the user of the Company’s Services.
1.3. Company – MHD Ltd., BG206204595, with seat and registered address 10 Stefan Karadja street, 3-4 floor, Sofia, Bulgaria.
1.4. Data Protection Policy - the Company’s policy on protection of personal data, published on the Company’s Website.
1.5. Service - the digital content provided by the Company to the Client in fulfilment of the Agreement.
1.6. Website - the website of the Company available at "Terms and Conditions"
III. APPLYING FOR SERVICES. PROFILE REGISTRATION.
1. The Client can apply for Services in the following manner:
1.1. The Client shall fill in and submit an anonymous questionnaire on the Website regarding the Client’s health goals and preferences for meal plans. When submitting the questionnaire the Client must accept the T&Cs.
1.2. Submitting the questionnaire shall have the following effect:
1.2.1. a profile of the Client shall automatically be registered on the Website
1.2.2. the Client shall have the option to pay for a particular Service
3. After the Client submits the questionnaire along with an email address, the Company shall send a confirmation email to the Client’s email address. The Client’s act of confirming his/her email shall have the following effect:
1.3.1. the Client’s profile on the Website will be validated
1.3.1. the Client will be able to apply for specialized Services.
1.4. If the Client has already registered a profile on the Website before submitting the questionnaire, the Company will not automatically register another profile and will not require from the Client to confirm the email provided when submitting the questionnaire.
2. When submitting a questionnaire or filling in profile information on the Website, the Client shall be considered to represent and warrant that:
2.1. all information provided by the Client is truthful and accurate
2.2. the Client shall maintain the accuracy of such information
2.3. the Client’s use of the Service does not violate any applicable law or these T&Cs. Otherwise, the Service may not operate correctly, and the Company may not be able to contact the Client with important notices
3. In the event that the Client breaches these T&Cs, the Company has the right, with or without notice to the Client, to suspend or terminate the Client’s profile on the Website, or the Client’s access to Services.
4. The Client shall immediately notify the Company of any unauthorized use, or suspected unauthorized use of the Client’s profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from the Client’s failure to comply with these requirements.
5. If the Client wishes to amend the information submitted with the questionnaire, the Client shall notify the Company via email or through the contact form on the Website. After the notification, the Company will enter the changes in the questionnaire and in the Service respectively.
6. The Company will provide a Service to the Client after a full payment for the respective Service has been received on the Company’s bank account. If the Service requires periodical payments, the Service will be provided after the first of the required payments has been paid in full amount.
1. When a Service requires periodical payments:
1.1. the Company will provide the respective part of the Service after the respective periodical payment has been received.
1.2. the price for the Service will not increase, except for price changes in VAT-tariffs.
2. The Company accepts the following means of payment:
2.1. PayPal (including PayPal Braintree)
3. The Client agrees to:
3.1. purchase Services by using a valid credit card, debit card or other allowed form of payment
3.2. provide the Company with current and complete information as required by the Company. If the Company discovers or believes that any information provided by the Client is inaccurate or incomplete, the Company may refuse to confirm the Client`s payment.
4. After the Client is transferred to the third party payment services, the risk of losses or damages will pass on to the Client and/or the third party service.
5. All prices and costs are in United States dollars, unless otherwise indicated.
6. When the Client has submitted a questionnaire on the Website but has not made the first payment for the Service in 14 (fourteen) days as of submitting the questionnaire, the Company may send the Client an offer via email for the same Service at a lower price.
V. REFUND AND RETURN POLICY
1. Under the applicable legal acts, the Client has a right to refuse a provided Service within 14 (fourteen) days from the day the Agreement has been concluded.
2. In case the Client makes a refusal under the previous 1, the Company shall make a refund for all sums, received from the Client for the respective Service, no later than 14 (fourteen) days as of the date the Company has been notified for the Client's refusal.
VI. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other rights related to the Services are owned by the Company.
2. The Client is forbidden to reproduce or publish in whole or in part the digital content provided by the Company as a Service, without the Company’s prior written consent.
3. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Services.
VII. USE OF PROVIDED SERVICES
1. Unless expressly otherwise provided, the digital content, provided to the Client as a Service, shall only be intended for personal and non-commercial use.
2. The Client is not authorised to sell, offer for sale, rent out, lend, share, edit, reproduce, or transmit the digital content, subject to the Services, or to use it to perform any other similar acts.
3. If the Client acts in contravention of this Section VII, the Company will be authorised to suspend access to the relevant Services, notwithstanding the Company`s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
VIII. DATA PROTECTION POLICY
1. The processing of the Client’s personal data is governed by the Data Protection Policy. It is recommended for the Client to become familiar with the contents of the Data Protection Policy.
1. A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses which have arisen from events such as riot, war, natural events, strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities and others. The Client must provide a written notification of the occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website.
2. The liability of the Company is limited to direct losses, unless otherwise provided under the applicable laws.
3. When using Services the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. The Client acknowledges and agrees that the Company is not responsible for the availability of such websites or mobile apps. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links, therefore the Client agrees that the Company shall not be responsible, directly or indirectly for any damage or loss caused by any such content, goods or services available on or through any such websites or mobile apps.
1. The Company encourages the Client to seek appropriate medical advice or assistance before using the Services.
2. The Company clearly states that it is not a medical organisation and cannot give the Client any medical advice, medical assistance, a health insurance or other healthcare services, including without limitation to, any counseling, testing, evaluation, prescription, procedure or therapy related to nutrition, weight loss or wellness.
3. Nothing within the Services is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used or referred to instead of seeking appropriate medical advice or assistance from healthcare providers. The Client is solely responsible for evaluating and assessing his/her own health.
4. The Company does not assume any liability for inaccuracies or misstatements about food recipes or other content of the Services. The Client should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergens, contact information, and health claims, before using or consuming a product. For additional information about a food product, the Client should contact the manufacturer directly.
5. The Company may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Service.
6. The Company retains the right to implement any changes to the Services at any time, with or without notice. The Client acknowledges that a variety of the Company's actions may impair or prevent the Client from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agrees that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to the Client, any content or Services.
7. The Company makes reasonable efforts to ensure that the Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Services, the Client acknowledges that the Company cannot guarantee that the Services will be uninterrupted, error free or that the information the Services contain will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
XI. REPRESENTATIONS AND RESTRICTIONS
1. By using a Service the Client represents and warrants that he/she:
1.1. has the legal capacity and agrees to comply with these T&Cs
1.2. is not under the age of 18
1.3. will not access the Service through non-human means, including, but not limited to a bot or script.
1.4. will not use the Service for any illegal or unauthorized purpose
2. If the Client is accessing Services on behalf of a person who is not 18 years old, the Client confirms that he/she is that person’s legal guardian and is responsible for that person’s compliance with these T&Cs and will indemnify the Company for any losses or damages that the Company will suffer as a consequence of failing to comply with these T&Cs.
3. If the Client provides any information that is untrue, inaccurate, not current, or incomplete, the Company shall have the right to refuse any and all current or future use of the Service (or any portion thereof).
4. The Client may not access or use the Service for any purpose other than that for which the Company makes the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically approved by the Company in written form.
5. As a user of the Service, the Client agrees not to:
5.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without a prior written permission from the Company
5.2. make any unauthorized use of the Service
5.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
5.4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which the Service is not designed or intended
5.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time
5.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service
5.7. circumvent, disable, or otherwise interfere with security-related features of the Service
5.8. engage in unauthorized framing of or linking to the Service
5.9. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service
5.10. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service
5.11. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service
5.12. use the Service in another manner inconsistent with any applicable laws or regulations
XII. VALIDITY AND TERMINATION
1. The Agreement shall be concluded at the moment the Company receives a full payment for the requested Service. If the Service requires periodical payments, the Agreement shall be concluded at the moment the Company receives the first of the required payments in full amount.
2. The Company may terminate the relationship with the Client at any time in the following cases:
2.1. the Client does not agree to the conditions of the Agreement
2.2. the Client commits any breach of the Agreement
2.3. the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information
XIII. AMENDMENTS TO THE T&Cs
1. These T&Cs and any additional terms and conditions that may apply are subject to change. Changes considered by the Company as substantial will be implemented with prior notice from the Company under the procedure set forth in this section.
2. The Company shall give notice to the Client of any changes in the T&Cs by sending an email to the email address provided by the Client. The changes will also be announced publicly on the Website.
3. The Client shall be notified about amendments to these T&Cs and any additional terms and conditions that may apply not later than 30 calendar days prior to the effective date of the amendments. The text of the amendments to the conditions shall be provided in English.
4. If before the effective date of the amendments the Client does not notify the Company of his/her disagreement with the amendments to the T&Cs, it shall be deemed that the Client agrees with these amendments. If the Client disagrees with the amendments to the T&Cs, the Client shall be entitled to terminate the Agreement free of charge by serving a prior notification to the Company by e-mail before the day on which the amendments will take effect.
1. In general, the Company prefers communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when submitting the questionnaire as stipulated in Section III, p. 1.1. The Company may provide information related to the Agreement or Services by email or on the Website. The Client should check his/her e-mail messages as well as the information provided on the Website regularly and frequently. E-mails may contain links to further information and documents.
2. All communication with the Client will be in English, unless the Company and the Client agree to communicate in another language.
3. The Client may contact the Company at any time by sending a message to email@example.com.
1. Any complaint in relation to the Services should be addressed to the Company on the following email: [Email address]. The Client’s complaint shall be analyzed by the Company free of charge.
2. When making a complaint the Client may request the following:
2.1. provision of the Service in accordance with the Agreement
2.2. reduction of the price
2.3. termination of the Agreement and reimbursement of the sum paid.
3. The complaint shall include:
3.1. a contact address
3.2. subject of the complaint
3.3. preferred means of satisfaction of the complaint or the amount of the requested sum respectively
4. Any supporting documents, including, but not limited to, an invoice shall be provided as an attachment to the complaint.
5. When a complaint has been made, the Company shall issue a document which includes the date, registration number of the complaint, type of the Service and signature of the person who has accepted the complaint.
6. In order to certify a satisfied complaint, the Company shall issue a document in two copies, one of which shall be provided to the Client.
7. If the Company’s response to the Client’s complaint does not satisfy the Client or no response has been provided thereto, the Client has the right to file a claim with the regulatory institutions or courts.
1. The Client may not assign any rights under the Agreement to any third party without the prior written consent of the Company. The Company may assign its rights and obligations under the Agreement in full or in part to any third party.
2. The relationship between the Client and the Company shall be governed by the legislation of the Republic of Bulgaria. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the competent courts of Bulgaria.
3. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.
4. The Data Protection Policy and the Cookies Policy of the Company shall be considered an inseparable part of these T&Cs.