1.1 Parties to the contract and subject matter of the contract
These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, The Food Analysts FZE, United Arab Emirates (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name of the Food Analysts via our website www.thefoodanalysts.com (hereinafter referred to individually as “The Food Analysts Service" or collectively as “Food Analysts Services” or in general “The Food Analysts”).
1.2 Terms and conditions for participating
A condition for opening a user account and using The Food Analysts is that you are at least 18 years of age and have full legal capacity. The Food Analysts is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of The Food Analysts for commercial purposes of any kind is expressly prohibited.
1.3 Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual Food Analysts services. We will, however, notify you of this in good time prior to use.
2. Food Analysts Services and Prices
Please consult the website www.thefoodanalysts.com for information on the respective current pricing and subscription models and the services that these include.
3. Your Health
3.1 Terms and conditions with regard to your health Use of The Food Analysts services is at your own risk.
In any case a condition for the use of The Food Analysts Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Food Analysts Services. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) diabetes or any other health issues.
You are responsible for verifying that the foods and nutrients recommended do not contain any ingredient or contents to which you are allergic to, or which may cause food intolerance. Before using The Food Analysts for the first time or while using The Food Analysts, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with The Food Analysts.
3.2 No substitute for medical advice
The services and information offered by The Food Analysts do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
3.3 Training-/Dietary Methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.
4. PRODUCT DELIVERY POLICY
4.1 SANCTIONED COUNTRIES
WWW.THEFOODANALYSTS.COM will NOT deal or provide any services or products to any of OFAC sanctioned countries in accordance to UAE law.
4.2 DELIVERY OF SERVICES
The Food Analysts FZE provides nutritional reports to its users via WhatsApp and ,where specified, other means of communication such as email and social media. Once a customer concludes a contract with the Food Analysts FZE and makes a payment online, a payment confirmation will be sent to the customer. A WhatsApp message will also be sent to the customer within 24 hours to form a ‘chat room’ between the company representatives and the customer. The customer will then be able to send meal details to The Food Analysts via the chatroom, and receive corresponding nutritional reports back. The services offered by The Food Analysts include a ‘ Flash Macro report’ which the company aims to send within 60 minutes of receipt of meal details from its customers. The company also provides an ‘End of Day Report’ which summarises the daily macro nutrients consumed by the customer. The End of Day report is only generated if the customer sends us details of all food items consumed during the day. This includes breakfast, lunch, dinner and snacks.
4.3 PAYMENT CONFIRMATION
Once a payment is made online, the customer will receive a payment confirmation within 24 hours by email.
5. CONCLUSION OF A CONTRACT
5.1 Online registration on the website www.thefoodanalysts.com
5.2 Correction of input errors
You are able to interrupt the subscription process at any time and correct any errors until you have successfully entered your payment details.
6. Term of Validity
6.1 User contract
The user contract concluded between you and us will be valid until the end date of your subscription. Please check our homepage for the different contract length options we provide.
6.2 One-off additional services
One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.
Our subscriptions are offered with varying minimum terms of validity and are not automatically renewed. In order to avoid any misunderstanding, please note that the term of a subscription is determined from the date of payment and will be valid for the number of calendar months subscribed for.
7. Terms and Conditions of Payment
7.1 Collection of fees
Fees are collected when the contract is concluded for the purchase of subscriptions through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription.
7.2 METHOD OF PAYMENT, CARD TYPES ACCEPTED AND CURRENCY
We accept payments online using Visa and MasterCard debit/credit cards. All payments are made in USD. The cardholder must retain a copy of transaction records and Merchant policies and rules.
8.0. Right to Cancel
8.1 Cancellation policy
You are entitled to a free trial before joining www.thefoodanalysts.com . If you have entered into a contract for use of The Food Analysts and purchased a subscription, in each case, you will not be entitled to a refund. However, The Food Analysts FZE may choose to give you a pro-rated refund at its discretion. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund.
9. Disclaimer of guarantees
We do not make any representations or guarantees that the use of the Food Analysts will bring the health and fitness results intended by you. We do not promise a concrete success. Recommendation results will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Food Analysts Services.
10.1 Liability for services provided free of charge
For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.
10.2 Liability for services provided for a fee
If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely on.
10.3 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
11. Rights of Use over The Food Analysts Content
Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which may be protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than www.thefoodanalysts.com websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends. .
12. Responsibility for User-Generated Content
12.1 Disclaimer of responsibility for third party content
You are solely responsible for content that you post within the Food Analysts Services. We accept no responsibility for this content, nor do we monitor it.
12.2 Compliance with statutory provisions
When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the United Arab Emirates. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature. In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post. We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause.
12.3 Abusive behaviour
We value our staff and feel that it is important that clients behave in an acceptable manner towards them. The Food Analysts operate a zero tolerance policy with regards to abuse. The company will not tolerate unacceptable behaviour e.g. clients swearing at staff, or being verbally aggressive, bullying or racist. Clients will be given a warning should any staff experience such incidents. The company reserves the right to cancel the subscription of abusive customers with immediate effect.
If you infringe the principles mentioned in clause 13.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.
13. Ending the Contract
13.1 User contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile, or email us. Please note that after you have cancelled your user account we will or may delete all the content and results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis. We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.
Every subscription for The Food Analysts Services must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. You can cancel any subscriptions purchased via our website www.TheFoodAnalysts.com by selecting the appropriate setting in your user profile. Alternatively, you may also cancel your subscription by email. We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving two (2) weeks' written notice
14. Personal Data
15. Changes to the General Terms and Conditions of Business
16. Final Provisions
16.1 Applicable law
The relationship between the parties is governed exclusively by UAE law.
16.2 Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
16.3 Language of the contract
The language of the contract is English.
16.4 Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.