1.1. Welcome to DietWiz! The DietWiz team that includes nutrition experts developed a unique system that allows you to build a personal meal plan based on your weight loss goals, by using the meals you love. In a nutshell – our system will build a personal menu and will offers tips, information and suggestions in order for you to follow your tailor-made menu.
1.2. We encourage you to read these terms carefully, as they affect your legal rights and obligations, including but not limited to limitation of liability, waivers of rights and your indemnity to us. Therefore, the access to and use of the Platform (as defined herein) is subject to the following terms and conditions which constitute our entire understanding and a legally binding contract between you (the “User“, “you“, or any variations thereof) and Mavrin Health Ltd. (the “Company” “us“, “we” or any variations thereof) and shall govern your installation, browsing and/or any other use of DietWiz, whether as a website, or an application downloadable under the Apple Store©, Google Play© including any online communities and/or forums established by the Company and/or its affiliates in connection with DietWiz (collectively: the “Platform“).
- Use of Platform.
2.2. You may not make any use of the Platform if are under the age of 13 or if under the jurisdiction which you are subject to, you lack the legal capacity (whether due to age, mental, or any other applicable capacity) in order to use the Platform in a manner contemplated herein and/or otherwise and/or are subject to certain restrictions regarding the collection of information regarding your use of the Platform.
2.3. The Platform and its features are provided on an As-Is basis. Although we make tremendous efforts to furnish our users with the outmost solution to their needs, we cannot guarantee the suitability of the Platform or the availability of any of its features.
2.4. We strongly recommend you to update the application when an update is available, as we make remarkable efforts to further develop our services.
2.5. The Platform and your use thereof is subject to the Company’s sole and absolute discretion, and the Company may change, update, suspend, remove or otherwise completely discontinue the availability of the Platform, whether specifically towards you or towards any or all Users.
2.6. In course of your use of the Platform, you may be asked to share with us certain information, via a questionnaire or any other applicable method, regarding your physical attributes, diet preferences, nutritional preferences and additional similar information. We make use of such information in order to provide you with a complete, tailor-made and personal meal plan, which is based, as mentioned, on such information. We are aware that this kind of information may be sensitive to you, and we ensure you that we will maintain your full discretion. Note that the accuracy and precision of the information you provide us with is vital for the proper function of our Platform and your personal menu. You can learn more about the way we collect information and our use of such information right here: https://www.dietwiz.com/privacy-policy/.
2.7. Testimonials. By uploading reviews and/or testimonials to our Platform pertaining your experience thereof, you consent to our display of your personal testimonials and reviews, whether on our website, application, social media channels or any other way of presentation. Notwithstanding, you may always contact us in order to remove such testimonial or review, via the contact information found in Section 9 below.
2.8. Restriction on Use. While using the Platform and/or in any interaction in any Platform forum and/or community (if applicable), there are certain conducts which are strictly prohibited. You may not perform, or allow others to perform on your behalf, whether intentionally or recklessly, any of the following:
2.8.1. Browse, surf, process, scan or use the Platform via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
2.8.2. Manipulate the URL of the Platform, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);
2.8.3. Manipulate the content of the Platform or any portion thereof and/or its process and procedures;
2.8.4. Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Platform;
2.8.5. Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;
2.8.6. Promote advertisements or disruptive commercial messages;
2.8.7. Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Platform and/or any components thereof (including any Company content or other User Content – as defined herein) and/or act to collect, harvest and/or data mine any data associated with the Platform and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts (as defined below), etc.;
2.8.8. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Platform and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
2.8.9. Intimidate, threaten, harass or abuse anyone in any manner;
2.8.10. Steal or attempt to steal passwords or other private and/or financial information from other users and/or components of the Platform;
2.8.11. Use the Platform in order to perform illegal or prohibited actions under any jurisdiction.
2.8.12. Lease, sell, trade, sublicense or otherwise transfer your Account (as defined below); and,
2.9. Promotional Content; External Links.
- User Account.
3.2. As specified above, if and when applicable, use of or access to the Platform may be subject to registration or login via User’s Facebook Connect, Google account or similar third party services (each: the “3rd Party Login Account”) which shall constitute as your Account in all manners and respects.
3.3. Notwithstanding anything to the contrary herein, you understand that the Company has no control over the 3rd Party Login Account, and thus shall not be responsible for your use of such 3rd Party Login Account (including, without limitations, identity, password or any other information theft, security measures or lack thereof, data traffic, runtime, downtime, etc.) and/or any damage arising in connection with the use of such 3rd Party Login Account. You further acknowledge that you will be solely responsible to meet all applicable requirements and/or license terms which you are subject to pursuant to your use of the 3rd Party Login Account, imposed by the entities providing you with such 3rd Party Login Account.
3.4. User shall notify the Company immediately of any suspicion regarding unauthorized access to the Platform through the Account or through a 3rd Party Login Account.
3.5. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account, without the Company’s prior written and express consent.
3.7. You understand and acknowledge that once you link certain information in the process of creating your Account (such as your name, profile picture, etc.), such information may be publicly available for view, and further indexed under certain search engines, over which we have no control.
3.8. We may incorporate and use certain third party components and/or services for the operations of the Platform (the “3rd Party Components”). Any use of such 3rd Party Components will be subject to the additional provisions provided by the applicable licenses provided by the licensors of such 3rd Party Components, which we have no control over.
3.9. DESPITE THE COMPANY MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE PLATFORM, WE CAN NOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
3.10. Content Uploaded by Providers
3.10.1. As mentioned, certain promotional and informational materials that were uploaded by Providers might be presented to you while you are using the Platform. You understand and acknowledge that any content uploaded and/or otherwise transmitted by Providers is made through an automatic process, thus the Company may not verify, examine and/or monitor the uploaded content and/or the content of the above materials, and shall not be held liable for the consequences of your interaction with such Providers using the Platform.
3.10.2. We provide no representations and/or warranties regarding the quality, truthfulness, nature and/or the lawfulness of any content uploaded and/or otherwise transmitter via the Platform. However, if you find yourself exposed to materials you find offensive or objectionable, kindly let us know via the contact information found below in Section 9.
3.11. Content Uploaded by You.
3.11.2. The Company reserves the right to deny, block, disable, modify, limit and/or remove any User Content and further suspend or remove your User Content from the Platform, at our sole discretion and without providing any prior notice to you. You hereby and forever waive any claims and release the Company and/or anyone on its behalf from any liability arising from the action(s) contemplated under this Section.
3.11.3. By uploading and/or otherwise transmitting the User Content, you hereby grant the Company an unlimited, irrevocable, non-exclusive, sub-licensable, and royalty free license to use the User Content as the Company sees fit, whether in a commercial and/or non-commercial manner, and further waives any claim for remuneration or compensation with respect to such utilization, commercialization, license and/or disposition of your User Content by the Company and/or its assignees, sub-contractors, etc.
3.11.4. Subject to the provisions of this Section 3, User reserves all ownership rights to the User Content created by you and uploaded by you to the Platform.
3.11.5. You understand that any User Content uploaded to you and/or otherwise transmitted to other users of the Platform and/or to the unique community or forum pages, will be considered as public information, without you having any expectation of privacy.
3.12. Content Uploaded by Other Users.
3.12.1. You understand that the Platform may also feature an online community or forums which involves multiple users, other than you. You further understand and acknowledge that any content uploaded and/or otherwise transmitted by such users via the Platform is made through an automatic process, thus the Company may not verify, examine and/or monitor the uploaded content and/or the content of any conversation threads, forums, etc., although we’ll make our best efforts to do so, and therefore shall not be held liable for the consequences of your interaction with any other users using the Platform.
3.12.2. We provide no representations and/or warranties regarding the quality, nature and/or the lawfulness of any content uploaded and/or otherwise transmitter via the Platform. However, if you find yourself exposed to materials you find offensive or objectionable, kindly let us know via the contact information found below in Section 9, and we will promptly take care of the situation, as reasonably possible.
3.13. Company Content.
3.13.1. Unless otherwise expressly stated herein, all rights, title and interest in and to the Platform and any enhancement, development or derivative work thereof, including without limitations, its design, source code, graphics, logos, text, methods, procedures, mechanisms, techniques, approaches and any other content elements (whether or not patentable) are, and shall be held exclusively by the Company or any licensor which licensed the specific element for the Company’s use with respect to the Platform, as applicable (whether or not patentable), and any trademarks, trade names, copyrights or patents thereof (the “Company Content”). The Company Content may not be subject to any action which may be considered as any infringement of any third party right, including, without limitations, copying, transferring, selling, altering, modifying, allowing access to, or otherwise using the Company Content in an unlawful and/or restricted manner.
We find your feedback and suggestions highly significant. In case you provide us with suggestions, comments or feedback in any form whatsoever regarding the Platform or the Company’s services, whether existing, suggested or contemplated, (the “Feedback”), such Feedback is and shall be exclusively owned by the Company. We make no warranties pertaining the acceptance of such Feedback or reject thereof. You hereby waive any and all rights to the Feedback and shall have no claim regarding the implementation of the Feedback or lack thereof, or regarding lack of any attribution, acknowledgement, credit or compensation in connection with any implementation of the Feedback by the Company or any third party. Company will exclusively own any rights to the Feedback which it has chosen to implement, espouse or embrace.
- Notifications and Updates
4.1. We may send reminders, alerts or important service related notifications via several methods, subject to your prior consent and to applicable law. The notifications will usually be sent via push notifications, although we may use other ways, subject to applicable law, in order to attract your attention to the importance of sticking with our services.
4.2. We shall have no responsibility or liability for the damages and/or costs incurred by your not receiving such notifications, or by the insufficient operation of your mobile network, email account and/or device.
4.3. Once you register with your email & password on the Platform, you are also opting in to our email notifications. Opting out of email notifications can be completed by sending an e-mail to firstname.lastname@example.org or by choosing to “unsubscribe” at the bottom of each email sent to you. Obviously, You may always contact us via the contact information specified in section 9 herein. Opting out of push notifications, if applicable, can be completed by your mobile phone settings.
- Earned Points and In-Platform Purchases.
5.1. Your use of the Platform is sometimes offered completely free for the first 7 days of its use. Following such 7 days period, premium services will be locked and will be available solely for users who purchased such services. Within the scope of your use of the Platform, you may be allowed to earn certain points that may entitle you to awards and/or benefits by completing certain challenges, or otherwise purchase such premium services in order to enhance the experience of the Platform and enjoy premium benefits and/or services (“Premium Services“). Purchasing Premium Services may require you to use real money, in accordance with the prices determined by the Company from time to time. It is hereby clarified that such earned points can only be used for in-Platform experience, and can never be redeemed for real money, assets and/or any equivalent thereof, nor are you permitted to sell, trade, pledge and/or otherwise transfer the points, other than specifically designated by the Company under the scope of the Platform.
5.2. You understand that payment process for the Premium Services may involve third party clearing services, as approved by the Company for such purpose. To complete such purchase, you will be required to provide to the said entities with certain information, such as your name, credit card number, billing address, etc. It is hereby clarified that any information provided by you to such entities shall be at your own risk and account, and the Company shall not be liable for any damage which you may incur pursuant to such actions. Any purchased Premium Services shall be credited to your Account.
5.3. Any transaction made by you in connection with the purchase of the Premium Services shall be final and non-refundable, subject to applicable law. Notwithstanding, in the event that your Account was credited or charged with incorrect amounts, or in the event that you did not receive the applicable Premium Services pursuant to such transaction, please contact us at https://www.dietwiz.com/contact/, in order for us to inquire and assist you. You understand that the Company is under no obligation to inquire about any refund request filed after the lapse of seventy two (72) hours from the time that the purchase was recorded into your Account, or if no record was made to your Account, from the time in which such transaction was approved by the applicable entity providing the clearing services.
5.4. We may, at our sole discretion, manage, regulate, modify, moderate, convert and/or eliminate the Premium Services, including your purchased Premium Services, resulting inter-alia, from the change or alteration of the Platform scheme, the Company’s decisions to cease from operating the Platform, the sale of any proprietary rights associated with the Platform, and/or for any other reason, without you retaining any rights to such Premium Services, including without limitations in connection with refund, rebate, or otherwise. It is hereby clarified that we assume no liability to you or anyone on your behalf in connection with the aforesaid.
5.5. You hereby commit to reimburse and indemnify the Company for all charges, costs and penalties incurred by the Company in connection with any refunds and/or related inquiries arising in connection with any purchases authorized by you and/or in connection with the events prescribed under Section 5.4 herein.
5.6. Without derogating from any other remedy which the Company may be entitled to, any failure to process the said payments, any unauthorized use of a charge card (or other payment method), or failure to provide full and accurate billing information may, at the Company’s discretion, lead to the suspension or termination of your Account.
5.7. Your subscription of the Premium Services will automatically renew at the beginning of each subscription cycle. Notwithstanding, you may cancel your subscription to the Premium Services at any time, at your sole and absolute discretion. Kindly note that it is your responsibility to cancel your subscription to the Premium Services in due time, if you no longer wish to subscribe to such services.
5.8. We may, at our sole discretion, offer free trials to certain users or for a certain portion of the Premium Services. You acknowledge that in case you do not cancel the trial before of the end of its period, you will be billed for that Premium Service.
6.1. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPLICIT OR IMPLIED, IN CONNECTION WITH THE PLATFORM, ANY USER CONTENT AND/OR COMPANY CONTENT, AND THEIR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3. THE COMPANY IS NOT A MEDICAL ORGANIZATION NOR A PROVIDER OF HEALTH AND/OR MEDICAL SERVICES OR CARE. WE STRONGLY RECOMMEND YOU TO CONSULT WITH YOUR DOCTOR AND CONSIDER THE POSSIBLE RISKS BEFORE USING THE PLATFORM, AND SPECIFICALLY BEFORE CHANGING YOUR NUTRITION HABITS. YOU EXPLICITLY REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR DOCTOR REGARDING THE USE OF OUR PLATFORM AND/OR SERVICES AND THAT YOU HAVE RECEIVED YOUR DOCTOR’S CONSENT TO PARTICIPATE IN ANY OF THE SERVICES MADE AVAILABLE VIA THE PLATFORM. OUR SERVICES DO NOT, AND ARE NOT MEANT TO CONSTITUTE A REPLACEMENT TO A MEDICAL DEVICE OR MEDICAL AID IN ANY WAY. THE DATA, INFORMATION, SUGGESTIONS AND TIPS PROVIDED TO YOU IN THE SCOPE OF THE PLATFORM ARE NOT INTENDED TO BE UTILIZED AS A DIAGNOSE, CURE OR MEDICAL AID IN ANY WAY WHATSOEVER, AND ARE NOT INTENDED TO BE CONSTRUED AS PROFESSIONAL AND/OR MEDICAL ADVICE.
PLEASE REFER TO OUR HEATLH DISCLAIMER AVAILABLE HERE HTTP://WWW.DIETWIZ.COM/DISCLAIMER/ FOR ADDITIONAL INFORMATION
- LIMITATION OF LIABILITY.
7.1. THE COMPANY, ITS SHAREHOLDERS, OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES AND/OR PUNITIVE DAMAGES, INCURRED BY USER AND/OR ANYONE ON USER’S BEHALF DUE TO ANY USE OF THE PLATFORM AND/OR ANY RELATED CONTENT, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE PLATFORM AND/OR ANY RELATED CONTENT (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, AND INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY LOGIN ACCOUNT OR INFORMATION, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE PLATFORM (IF PAID) OR $100.
7.2. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE PLATFORM.
- Notice of Infringement or Abuse.
- Governing Law and Jurisdiction.
Last Updated – January 21, 2019