1. 1. This Website available at the following address: https://myperfectketo.diet/ is owned by TECHWISE SPOLKA Z O. O. [LLC] having its registered office at ul. Polna 48/11, 00-644 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000721360 , Tax Identification Number (NIP) 701 080 62 40, National Business Registry Number (REGON) 369616583, email address [email protected] The following Terms and Conditions determine the types and scope of supplying the Services electronically via this Website, principles of entering into agreements through this Website, principles for the execution of these agreements, rights and obligations of the Client and the Service Provider, as well as the procedure of withdrawal from the agreement and the procedure of handling complaints.
2. 1. Website shall mean the website available at https://myperfectketo.diet/.
2. 2. Service Provider shall mean TECHWISE SPOLKA Z O. O. [LLC]
2. 3. Client shall mean the user of the Services as explained in these Terms and Conditions.
2. 4. Services shall mean the personalized Keto diet meal plan provided to the Client by the Service Provider as well as any electronic services provided by the Service Provider via this Website.
2. 5. Digital Content shall mean an individual digital Keto diet meal plans sold online by the Service Provider.
2. 6. Agreement shall mean an agreement concluded at a distance between the Client and the Service Provider through the Website and regulated by these Terms and Conditions.
2. 7. Terms and Conditions shall mean this document.
3. 1. These Terms and Conditions compound a contract that governs the relationship between the Service Provider and the Client.
3. 2. These Terms and Conditions apply to the entire content and information available on this Website.
3. 3. The Service Provider undertakes to provide the Services for the benefit of the Customer within the scope and in accordance with the conditions specified in the Terms and Conditions.
3. 4. These Terms and Conditions shall be permanently available on the Website, which allows the Clients to acquire them, display and fix their content by printing it or saving to a data carrier at any time.
3. 5. By visiting and using the Website, the Client grants his/her full consent to be bound by these Terms and Conditions of the Website and all the other conditions, in relation to and arising from and by its use.
3. 6. By using this website, the Client grants his/her full consent for the collection and use of his/her data for the purpose of this Website and all relations arising from or connected with the Website. If the Client does not agree with these Terms and Conditions, he/she is not allowed to use, visit, or enter into any legal relations with the Website.
3. 7. The Service Provider hereby informs that using electronically supplied Services may be connected with a risk for any Internet user which involves the possibility that malicious software may be introduced to the Client’s ICT system and that their data may be acquired and modified by unauthorised persons. In order to avoid the risk of such events the aforementioned Client should apply appropriate technical measures which minimise their occurrence, in particular antivirus software and a firewall.
4. 1. Service Provider shall enable the Client to place an order for preparation and delivery of the Digital Content.
4. 1. 1. To place an order, the Client shall provide personal information through completion of a questionnaire.
4. 1. 2. The diet shall be generated by special software through an algorithm that shall analyze Client’s responses to create a personalized meal plan.
4. 1. 3. Before placing an order, the Client shall be provided a full payment amount for a single meal plan as well as payment options.
4. 1. 4. The Client shall agree to these Terms and Conditions before submitting an order by clicking on an appropriate button.
4. 1. 5. An order for Digital Content purchase shall be placed only when the Client presses an appropriate button.
4. 1. 6. The Client accepts the Offer once he/she ticks the box "I agree with the Terms & Conditions". Once the Client agrees with the T&Cs, the Client will be required to press the button "Submit".
5. 1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 4. 1. 6.
5. 2. As the Client will make a purchase electronically, the Service Provider will immediately confirm receipt of acceptance of the electronic purchase. The Service Provider will send personalized Keto diet meal plan to the Client within 24 hours. In some cases this timeframe can be longer, however, the maximum time should take no more than 72 hours. Such meal plan will be provided to the Client's e-mail address submitted in the questionnaire on the Website.
5. 3. As Agreement between the Service Provider and the Client consists of Digital Content the Client agrees to lose his/her right of withdrawal of the Agreement.
5. 5. The Company makes reasonable efforts to ensure that 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 Company`s Services, the Client acknowledges that the Company cannot guaranty that Services will be uninterrupted, error free or that the information it contains 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.
6. 1. Under the applicable legal acts, the Client has a right to change their mind and return delivered (received) goods within 14 (fourteen) days from the day of delivery. However, there is also an exception established by those legal acts, according to which, the right to return goods is not applicable for contracts regarding the supply of Digital content in case the provision of such Digital content has already commenced. Therefore, in case the Digital content is already provided to the Client as indicated in Section 5.2, the Client loses his/her right of withdrawal of the Agreement.
6. 2. After the Digital content has already been provided to the Client as indicated in Section 5.2, the Client is entitled to get a refund for it from the Company only if the Client proves the product to be not as described or faulty. In such cases, Client must contact our customer support at [email protected] within 14 days upon purchase and provide detailed information proving Company’s product fault (with visual proof attached). Once a refund is issued, Client no longer has the access to Company’s product. All refunds are applied to the original method of payment. By purchasing from the Website, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions.
7. 1. The cost of the Service is fully described and fixed on the Website, as the same is payable before granting the personalized diet in the way expressly stated on this Website.
7. 2. The Service Provider accepts payments via credit card or third party payment services.
7. 3. The Client agrees to provide the Service Provider complete and current information as specified in the purchase order form. If Service Provider discovers or believes that any information provided by the Client is inaccurate or incomplete, the Service Provider reserves the right to refuse to confirm Client’s payment at their sole discretion and Client forfeits any right to refund paid amount.
7. 4. After the Client is transferred to the third party payment services, the Service Provider is not responsible for the risk of loss or damages.
7. 5. All prices and costs are in US Dollars unless otherwise indicated.
8. 1. The Service Provider clearly states that they are not a licensed medical entity to provide the Client with medical care or assistance and do not have the necessary education to determine diagnosis, analysis, or treat medical problems of any kind. Nothing within Services provided by the Service Provider 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, referred to instead of seeking appropriate medical advice or assistance from proper healthcare service providers. The Client is solely responsible for evaluating and assessing his or her own health. The Service Provider encourages the Client to consult a doctor or other healthcare service provider for appropriate medical advice or assistance before using the Service Provider’s Services.
8. 2. Before trying Keto diet meal plans provided by the Service Provider, the Clients shall consult a doctor or a qualified healthcare service provider in order to evaluate his/her health.
8. 3. The Website is not responsible for any health problems that can result from the use of a diet that the Client received through the Services provided by the Website.
9. 1. All the ensuing intellectual property rights (including the trademark rights, patent rights, design rights and copyrights of the content displayed on the current Website or available through the Website) belong to the Service Provider and are protected by law.
9. 2. It is prohibited to use the above in any products and/or services without prior written consent of the Service Provider.
9. 3. It is prohibited to use the above in a way that might mislead consumers about the nature and quality of services. All actions through which somehow demean or discredit owners arising from registration are prohibited.
10. 1. The use of this Website does not grant a Client any ownership rights over the Digital Content, information, data, and materials available through this Website.
10. 2. The Client shall be granted a non-exclusive, non-transferable and non-sublicensable licence to use the Digital Content for 5 years from the moment of receiving Digital Content.
10. 3. Digital Content shall be intended for non-commercial and personal use.
10. 4. The Client is prohibited from selling, offering for sale, sharing, renting out or lending copies of Digital Content online as well as from making it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided by the Service Provider.
10. 5. If the Client acts in violation of this paragraph, the Service Provider will be authorised to suspend all the access to the Digital Content made available, as well as reserves the right to recover the loss suffered in connection with the infringement, including any expenses incurred.
12. 1. A party shall be released from responsibility for non-fulfilment of these Terms and Conditions if it proves that such circumstances occurred due to force majeure. The Service Provider shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Service Provider is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must notify the Service Provider of the occurrence of force majeure, which prevents the fulfilment of these Terms and Conditions. Such notification must be submitted in written form and within 30 calendar days from the date of the occurrence of these circumstances. The Service Provider shall inform the Client about the occurrence of force majeure by e-mail or on the Website if possible.
12. 2. The Service provider is not liable for the accuracy, reliability and results coming from using Services obtained through this Website, due to the nature of the Services provided by the Service Provider – the Service Provider cannot control whether the Client follows provided Keto diet meal plan, which is why the Service Provider does not provide any warranty that any results shall come from using the Services.
12. 3. The liability of the Service Provider is limited to direct losses, unless otherwise provided under the applicable laws.
12. 4. The Service Provider is not responsible for late or rough handling requests if this is due to unforeseen circumstances – force majeure, chance events and problems with the Internet.
12. 5. The Website may provide links to other websites that are not owned and/or controlled by the Service Provider. The Client acknowledges and agrees that the Service Provider is not responsible for the availability nor the content of such websites and therefore the Client agrees that the Service Provider shall not be liable, directly or indirectly, for any damage or loss caused in connection with use or reliance on such websites.
13. 1. To use the Services provided by this Website, the Clients must be of legal age under EU Law in order to form legally binding contracts. Therefore, the Client confirms he or she is at least 18 years old.
14. 1. The Service Provider may withdraw from the Agreement if the Client commits any breaches of the Terms and Agreements or provides incorrect or incomplete information while answering questions of the questionnaire.
15. 1. Any complaints regarding the Service Provider and their Services shall be addressed to the Service Provider by contacting [email protected]
15. 2. The Client should clearly indicate that a complaint is being submitted and provide the details concerning the complaint.
15. 3. Client’s complaints shall be analysed by the Service Provider without additional charges.
16. 1. The management of this Website owns the right to change prevailing Terms and Conditions at any time without any notice to its users and Clients, undertaking that the bottom of the front page of myperfectketo.diet always has a link to the prevailing Terms and Conditions page.
16. 2. If the Client continues using this Website after alterations, he/she certifies that they agree with the implemented changes.
16. 3. If the Client disagrees with these Terms and Conditions or its any later version, he.she is not permitted to continue using this Website.
17. 1. Persons using this Website and the provided services on the territory of another country, make it on their initiative and are responsible for compliance with local laws, if and to the extent the local laws are applicable.
17. 2. For all outstanding issues arising from these Terms and Conditions, the Polish legislation shall apply, and the competent Polish court shall resolve all disputes arising from the interpretation, invalidity or termination.
17. 3. These Terms and Conditions and the relationship between the Service Provider and the Client are as per the laws of the Republic of Poland.