Terms and Conditions Diet & Health Solutions and MyDietScore Website Terms & Conditions These Terms and Conditions govern your use of the Diet and Health Solutions and MyDietScore websites (dietandhealthsolutions.com; mydietscore.com), the Dietary Assessment Tool (DAT) and your relationship with Diet and Health Solutions (Diet and Health Solutions Ltd., DHS, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use or become a member of the Diet and Health Solutions or MyDietScore sites. 1. Use of the Diet and Health Solutions Site You will be able to access some areas of the DHS and MyDietScore websites without registering as a member. However, by accessing any part of the Diet and Health Solutions or MyDietScore sites, you agree to be bound by these Terms and Conditions. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS. 2. Amendments We may update these Terms and Conditions from time to time. You should periodically review them for changes, although where possible we will try to bring any significant changes to your attention by email and/or by putting a notice on the Diet and Health Solutions and/or MyDietScore sites. If you continue to use the Diet and Health Solutions or MyDietScore sites after the date on which any changes come into effect, your use of the Diet and Health Solutions or MyDietScore site indicates your agreement to be bound by the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions you should not continue to use the Diet and Health Solutions or MyDietScore sites and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation). 3. Membership To register as a member of the Diet and Health Solutions or MyDietScore sites you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any other time are correct and complete. You can review your details by signing into the “Profile” section on the homepage of your site membership area. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. Unless specified otherwise on the Diet and Health Solutions or MyDietScore site, membership is automatically renewed after the Initial Membership Term (IMT) and monthly thereafter. 4. Payment Where applicable, you can pay membership fees by any Mastercard or Visa credit card. In such instances, your credit card details can be entered on the Diet and Health Solutions or MyDietScore site where they will be processed by a secure online payment agent (PayPal or other provider). The details will be encrypted to minimise the possibility of unauthorised access or disclosure. At the time of registration, where fees are applicable, your credit card will be charged for either the full subscription period or for the IMT. In the latter instance, you will be charged monthly until your membership is cancelled (for cancellation details see paragraph 11 below). Details of any applicable pricing will be shown within the sign-up process. Prices will be expressed inclusive of any VAT payable. Any reduction or increase in the monthly membership price will take effect in your next membership month following notification. Your membership month begins on the next calendar date after the date on which your IMT ends and finishes on the day before that calendar date the following month. 5. Password and Security If you register to become a member of the Diet and Health Solutions and/or MyDietScore site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for details) immediately. If Diet and Health Solutions has reason to believe that there is likely to be a breach of security or misuse of the Diet and Health Solutions or MyDietScore site, we may require you to change your password or we may suspend your membership in accordance with paragraph 11 below. 6. Excluded Services The services provided by the Diet and Health Solutions and MyDietScore sites do not include the provision of computer or other necessary equipment to access the Diet and Health Solutions or MyDietScore sites. To use the Diet and Health Solutions and MyDietScore sites, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur. Please note, our site is optimised when using Google Chrome as your browser - we cannot be responsible for the technical limitations/restrictions experienced when using other browser technology. We also encourage all members to add our email to their Inbox Address list, to ensure they receive all member communications from us. We will endeavour to send all email communications related with the service, but cannot be responsible for non-delivery of emails, due to email settings on individual members’ PCs. 7. Intellectual Property The content of the Diet and Health Solutions and MyDietScore sites is protected by patent, copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Diet and Health Solutions and MyDietScore sites on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use; provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Diet and Health Solutions or MyDietScore sites without written permission from Diet and Health Solutions. No licence is granted to you in these Terms and Conditions to use any trade mark of Diet and Health Solutions, MyDietScore or their affiliated companies including, but not limited to, the trade marks Dietary Assessment Tool, DAT, Dietrainer, DaN Score, Diet and Health Solutions, DHS, dietandhealthsolutions.com, MyDietScore.com, Diet and Health Assessment, DHA and dietandhealthassessment.com. 8. Your Use of the MyDietScore Site The Diet and Health Solutions and MyDietScore sites may provide message boards that allow interaction between users. You may not use the Diet and Health Solutions or MyDietScore sites, including the message boards, for any of the following purposes: • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice; • transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam"; • gaining unauthorised access to other computer systems; • interfering with any other person's use or enjoyment of the Diet and Health Solutions or MyDietScore sites; • making, transmitting or storing electronic or hard copies of materials protected by copyright or other intellectual property rights without the permission of the owner. 9. Content Disclaimer Diet and Health Solutions reserves the right to refuse to post material on the Diet and Health Solutions and MyDietScore sites, or to remove material already posted on the Diet and Health Solutions or MyDietScore sites. Diet and Health Solutions makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards, forums or other areas of the site by third parties. You are solely responsible for the content of your messages posted on the message boards or other open forums of the Diet and Health Solutions or MyDietScore sites. You will be responsible for: • any claim by any third party that the use of the Diet and Health Solutions or MyDietScore site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; • any claim by any third party that the use of the Diet and Health Solutions or MyDietScore site by you infringes that third party's copyright or other intellectual property rights of whatever nature; • any fines or penalties imposed by any legal, regulatory, advertising or trading body or authority in connection with the use of the Diet and Health Solutions or MyDietScore site by you. By submitting material you are granting Diet and Health Solutions a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the material in whole or in part and in any form. 10. Availability of the Diet and Health Solutions and MyDietScore Sites Although Diet and Health Solutions aims to offer you the best service possible, we make no promise that the services at the Diet and Health Solutions and MyDietScore sites will meet your requirements. Diet and Health Solutions cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to our Customer Services (see below for contact details) and we will attempt to correct the fault as soon as we reasonably can. Diet and Health Solutions does not suspend or cancel members' accounts without prior notification to the member. Your access to the Diet and Health Solutions or MyDietScore site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Diet and Health Solutions will attempt to restore the service as soon as it reasonably can. 11. Cancellation of Membership and Refund Entitlement By registering as a member you agree that we will make the members' services on the Diet and Health Solutions or MyDietScore sites available to you immediately. The provision of these services means that you will not be entitled to cancel your membership without charge pursuant to the usual consumer protection regulations, i.e. you will not have the usual cooling-off period. Where applicable, most memberships will be charged on an up-front payment basis, which requires you to complete payment for the full membership period prior to use. For membership accounts which are offered on a monthly subscription basis, you are free to set your account to cancel at any time during your membership. You can email our customer services at the email address below. If you cancel after the Initial Membership Term, cancellation will take effect from the starting date of your next membership month. You will not be entitled to a refund for any monthly membership fee already paid. If you have selected a 6, 12 or 24-month plan, you will have committed to either an up-front payment for the full subscription amount, or to 6, 12 or 24 monthly payments. If you wish to cancel after 7 days, we will bill you for the outstanding monies due within the first 6, 12 or 24 months immediately. If you cancel your membership within 7 days of joining the Diet and Health Solutions or MyDietScore sites you will be eligible for a refund. You will receive a full refund minus a cancellation fee of €8.95. Diet and Health Solutions will keep this cancellation fee, as the fee for having already created your personal diet plan and because, by requesting membership, you have agreed that we will make the members' services on the Diet and Health Solutions and/or MyDietScore site available to you immediately. After 7 days, the charge for both the up-front full payment amount, or the Initial Membership Term in the case of monthly-billed membership accounts, is non-refundable. For your own records, we advise you to keep a copy of any request sent. The suspension or cancellation of your membership and your right to use the Diet and Health Solutions and/or MyDietScore sites shall not affect either party's rights or liabilities. Diet and Health Solutions may suspend or cancel your membership immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. Paragraphs 7, 8, 9, 11, 12, 13 and 14 of these Terms and Conditions shall survive cancellation 12. Health - Caution In Use of the Site Diet and Health Solutions strongly recommends that you should seek medical advice before starting any weight management or nutritional programme. The information on the Diet and Health Solutions and MyDietScore sites does not offer medical advice or act as a substitute for medical treatment. You should not use the Diet and Health Solutions or MyDietScore sites if you are underweight, under 18 or have any medical condition which affects your dietary needs. For a comprehensive (but not exhaustive) list of clinical conditions where we advise against the use of the Diet and Health Solutions and MyDietScore sites, please click here. The Diet and Health Solutions and MyDietScore sites provide general information and guidance on healthy eating and weight management. Although it aims to help users in their efforts to improve their health by generating advice as appropriate as possible to the user’s own circumstances, information on the Diet and Health Solutions and MyDietScore sites does not constitute clinical dietetic advice tailored to an individual's specific requirements. Additionally, any health and disease calculators displayed on the Diet and Health Solutions and MyDietScore sites are not clinical tools. They are explicitly not designed to constitute or replace professional medical or dietetic advice, and users of these tools are strongly advised to consult with their physician or medical team should they experience any signs or symptoms about which they are concerned, or if they wish to have their clinical risk status formally assessed. Diet and Health Solutions explicitly disclaim all liability in respect of adverse user outcomes arising from or related to actions taken or not taken in relation to the use of dietary software or health and disease risk calculators displayed on the Diet and Health Solutions and MyDietScore sites. 13. Diet and Health Solutions’ Liability Although Diet and Health Solutions will use reasonable skill and care in providing the Diet and Health Solutions and MyDietScore sites, it gives no other warranties or guarantees in relation to the Diet and Health Solutions or MyDietScore sites. You must bear the risks associated with the use of the internet. The Diet and Health Solutions and MyDietScore sites may periodically provide content from other internet sites or resources and, while Diet and Health Solutions tries to ensure that material included on the Diet and Health Solutions and MyDietScore sites is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Diet and Health Solutions will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Diet and Health Solutions or MyDietScore sites. Additionally, should you choose to link your Diet and Health Solutions or MyDietScore account to that of your nominated clinician, the completeness and accuracy of any and all lifestyle, dietary, anthropometric, clinical and personal data provided by you is solely your responsibility. Similarly, for doctors or clinicians appending clinical or other data (e.g. blood test results etc.) to your clients’ or patients’ accounts, the completeness and accuracy of any such information provided is solely and exclusively the responsibility of you as the clinician. Diet and Health Solutions will not be liable for any damage or injury arising from actions taken, or not taken, on the basis of such information whether accurate or not. If Diet and Health Solutions is informed of any inaccuracies in the material on the Diet and Health Solutions or MyDietScore sites, we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: • incompatibility of the Diet and Health Solutions or MyDietScore sites with any of your equipment, software or telecommunications links; • technical problems including errors or interruptions of the Diet and Health Solutions or MyDietScore sites; • unsuitability, unreliability or inaccuracy of the Diet and Health Solutions or MyDietScore sites; • inadequacy of the Diet and Health Solutions or MyDietScore sites to meet your requirements. You agree that we will not be liable to you for any losses related to any business interests that you have, such as lost data, lost profits or business interruption. 14. Doctor Account Linking Using an invite token from your Clinician will link your account to your Clinician, allowing them access to view and update your Lifestyle Data, Assessment Data and your Profile information. Neither your Doctor (nor Diet and Health Solutions staff) will ever have access to your account password. If you have used an Invite Token from your Doctor but wish to revoke their access to your account, please contact Diet and Health Solutions support. 15. Third Party Websites As a convenience to Diet and Health Solutions and MyDietScore users, the Diet and Health Solutions and MyDietScore sites may include links to other web sites which are beyond Diet and Health Solutions’ control. Diet and Health Solutions is not responsible for any content on the internet or World Wide Web pages of any other site or publication outside the Diet and Health Solutions and MyDietScore sites (unless initially approved by Diet and Health Solutions). We encourage our users to check the Terms and Conditions and other legal statements of any external website accessed from a link on the Diet and Health Solutions or MyDietScore site. 16. Advertising and Sponsorship Parts of the Diet and Health Solutions and MyDietScore sites may periodically contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Diet and Health Solutions and MyDietScore sites complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. 17. Applicable Law These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts. 18. International Use Diet and Health Solutions makes no promise that materials on the Diet and Health Solutions or MyDietScore sites are appropriate or available for use in locations outside Ireland and the United Kingdom, and accessing the Diet and Health Solutions or MyDietScore sites from territories where their contents are illegal or unlawful is prohibited. If you choose to access these sites from locations outside Ireland and the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. 19. Miscellaneous You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and Diet and Health Solutions ignores this, Diet and Health Solutions will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Diet and Health Solutions shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, except where such right or remedy of a third party is deemed lawful by a court of competent jurisdiction The Diet and Health Solutions and MyDietScore sites are owned and operated by Diet and Health Solutions Ltd., a company registered in Ireland whose registered office is at 7 Hermitage Manor, Lucan, Co. Dublin, Ireland. If you have any queries please contact Customer Services by: Post: 7 Hermitage Manor, Lucan, Co. Dublin, Ireland. Email: info@dietandhealthsolutions.com Telephone: +353 86 838 2864 Company Registration No. 498581