Terms and Conditions - Eating Freely

EATING FREELY LTD.

Website Terms & Conditions

This Agreement applies between you, the User of the Website and EATING FREELY LIMITED, incorporated in the Republic of Ireland (Number: 622652) and having its registered office at ‘Stonehaven’ 5a Delgany Glen, Greystones, Wicklow A63 A568, Ireland trading as EATING FREELY. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of the Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an email to you indicating that your order has been fulfilled and is on its way to you.

CONDITIONS OF USE
The information and materials provided at the Site may be used for informational purposes only. By using, accessing or downloading materials from this Website you agree to follow the terms and provisions as outlined in this policy, which apply to all visits that you make, both now and in the future. We may at any time revise and update the website terms and conditions (herein after referred to as “Terms and Conditions”). You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of use, please do not use this Website.

Your right to use the Website is subject to the following conditions:

You agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. Any violation of the foregoing may result in civil and/or criminal liabilities;

1.2 Transfer or make available to any other person your rights to use the Services;

1.3 Create any derivative works based upon the Services or the Documentation;

1.4 Copy any feature, design or graphic or documentation;

1.5 Access the Services (i) in order to build a competitive solution to assist someone else to build a competitive solution;

INTELLECTUAL PROPERTY
You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. We are not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on third party websites that may be connected or displayed at the Site.

2.1 Subject to the exceptions in Clause 1 of these Terms and Conditions, all Content is the property EATING FREELY. By continuing to use the Website you acknowledge that such material is protected by applicable Republic of Ireland and international intellectual property and other laws.
2.2 You may not print, reproduce, copy or distribute, store or in any way other fashion re-use Content from the Website as specified in Clause 5 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically, you agree that:
2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

ACCOUNTS AND SUBSCRIPTION FEES
In order to use the Services and Programs you must create an Account which will contain certain personal and contact details. By creating an Account, you represent and warrant that; all information you submit is accurate and truthful; and you will keep the information accurate and up-to-date
Use of the Services and Programs requires the payment of Fees. Your credit/debit card will be billed at the time at which you sign up for the such Programs and Services. Subscription Fees may apply in some cases and likewise will be applied upon confirmation of sign up for such subscription services and you will be billed monthly thereafter until cancellation or termination.

LINKS TO OTHER WEBSITES
As convenience measure and to make the Site truly a service-oriented site, we have included third party web links to compliment the Site and user experience. These third-party sites are owned, operated and controlled by third parties and the Site has no role to play in their control or operation. We make no representation and are not responsible for the availability of, or content located on or through these third-party sites. A third-party web link is not an indication that we endorse such sites or are in a manner affiliated to them.

If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures to guard against viruses or other destructive elements. In using this Website, you agree that the Site shall not be liable for any damages whatsoever (including financial, indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from your use of any third-party websites linked or referred to on this Website or third-party information provided on the Site.

Links do not imply that EATING FREELY is legally authorized to use any trademark, trade name, logo or copyright material displayed on the Site. With respect to any trademark, logo or copyright material, displayed on the Site, ownership of which belongs to third parties, the Site acknowledges and gives full credit of ownership to respective third parties.

FEEDBACK

All comments, feedback, information or materials submitted to EATING FREELY through or in association with this website shall be considered non-confidential and our property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to EATING FREELY of worldwide rights to use, copy, modify, display and distribute the submissions. EATING FREELY may use such comments, information or materials in any way it chooses in an unrestricted basis.

DISCLAIMER
EATING FREELY team strives to provide you with useful, accurate, and timely information on this website. Accordingly, we have attempted to provide accurate information and materials on this Website but assume no responsibility for the accuracy and completeness of that information or materials. We may change the content of any information or materials available at this website, or to the products or services described in them, at any time without notice. We do not warrant that the information contained on this knowledge site is accurate or complete or accurate, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.

We further assume no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. EATING FREELY is not responsible for, and makes no representations or warranties about, the contents of websites to which links may be provided on this Website.

Additionally, we make no commitment to update the information or materials on this Website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of EATING FREELY. Neither us, nor our officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Website.

EATING FREELY reserve the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding upon you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
All information and materials available at this Website are provided “as is” without any warranties of any kind, either express or implied, and EATING FREELY disclaims all warranties of any kind, either express or implied, including warranties of, therapeutic contract, fitness for a particular purpose, infringement of intellectual property or arising from a course of dealing, usage or trade practice, whether by using the Website or by using third party websites displayed on our site.

In no event shall EATING FREELY be liable for any damages, loss or theft whatsoever, that a user may incur (including, without limitation, financial, credit card theft or misuse, phishing, indirect, special, consequential or incidental damages or those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information on this Website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of EATING FREELY and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein.

When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that EATING FREELY shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Nothing contained in this website represents a therapeutic contract.

TERMINATION OF USE
EATING FREELY may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of these Terms and Conditions. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless EATING FREELY, its affiliates, owners licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any user content that you use, or otherwise transmit on or through the Site, your use or inability to use the Site, your breach or alleged breach of the Site terms or of any representation or warranty contained herein, or your violation of any rights of another.

GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and courts in the Republic of Ireland only shall have jurisdiction over any dispute arising out of or relating to this agreement, and each party hereby consents to the jurisdiction and venue of such courts.

GENERAL PROVISIONS
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and us concerning your use of the Site. If you have questions regarding the Terms and Conditions, please email: compliance@eating-freely.com.

Terms correct as of December 2018.

Eating Freely Data Protection Policy

Eating Freely LTD recognises that your privacy is important and is committed to respecting your privacy. We will apply appropriate protection and management of any information you share with us. The information you provide will be held and used in accordance with European data protection law, known as the General Data Protection Regulation (GDPR) (2016/679).

We may change this Policy from time to time by updating this page. You can check the relevant website page from time to time to ensure that you are happy with any changes made.

Who is the Data Controller?

Eating Freely Ltd. is the Data Controller which means that they decide how your personal data in terms of their business is processed and for what purposes.

What is Personal Data

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing and protection of personal data is governed by the General Data Protection (GDPR).

How is your Personal Data processed?

Eating Freely Ltd. complies with the obligations under GDPR by taking all reasonable measures to:

keep personal data up to date
store and destroy it securely
avoid collecting or retaining excessive amounts of data
protect personal data from loss, misuse, unauthorised access and disclosure
ensure that appropriate technical measures are in place to protect personal data.

How is your Personal Data collected?

Your personal data is collected from you when you request an appointment or making contact with Eating Freely Ltd.

The information collected varies from the following:

Your Name
E-mail address
Phone number
Postal address
IP address
Visitor data to our website is collected anonymously (relates to cookies that might be used)

What is your Personal Data used for?

To personalise your experience – your information helps us to better respond to your individual needs.
To improve our website – we continually strive to improve our website offerings based on the information and feedback we receive from you.
To validate you are a real person.
To notify you of services / products you may be interested in.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or our services to you. The email address you provide for order processing will be used to send you information and updates pertaining to your order and our services.

How is your personal Data protected?

There are a variety of security measures in place to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information:

A secure and resilient hosting platform is used.
All supplied sensitive or credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into a Payment Gateway Providers Database which is only accessible by those authorised with special access rights to such systems, and who are required to keep the information confidential.

Links to other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

What are your rights?

Under the GDPR, unless subject to an exemption, you have the following rights with respect to your personal data:

The right to request a copy of your personal data which the we hold about you.
The right to request that we correct any personal data if it is found to be inaccurate or out of date.
The right to request that your personal data is erased where it is no longer necessary for us to retain such data.
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request that a restriction is placed on further processing.
The right to object to the processing of personal data, e.g. marketing, profiling etc.
The right to lodge a complaint with the Irish Data Protection Commissioner

If you wish to discuss or exercise any of these rights, please contact the Data Controller, Eating Freely Ltd via support@eatingfreely.com, which will be happy to assist you.

Your Consent

When using our website, if at any point you are asked for personal information, you will have the opportunity to provide your consent (or not) in line with this Privacy Policy. Exceptions to this are when such information is necessary, for example, as part of a sales transaction or required by Irish law.

Privacy Policy Change

If we change our privacy policy, we will post those changes on this page, and update the “updated” date below.