Terms of Service
The following Conditions of use are applicable to the use of the Website and Meal Plans. The Website and Meal Plans are offered by Mealplanner B.V.
Subscription: the Contract between Guac.com and User on the basis of which the User can make use of the Web application Meal Plans for a certain period of time.
Subscription period: the duration of a Subscription expressed as a period of time during which User can make use of Meal Plans.
Account: the online environment which is made available to User, with which it is possible to make use of Meal Plans on Guac.com's Website.
User: the natural person who, not acting in the course of a profession or business, enters into a Contract with, makes use of and/or has registered on the Website.
Conditions of use: these present conditions.
Intellectual property rights: all rights of intellectual ownership and related rights, including in any case copyright, database rights, rights to domain names, trade name rights, rights to knowhow, trademark rights, design rights, neighboring rights and patent rights.
Guac.com: Guac.com, Inc, established at 4770 Baseline Road, Suite 200, Boulder, Colorado, 80303, United States
Meal Plans: the Web application of Guac.com which is made available to User with a Subscription, and with which User can search for recipes or add them to his Account.
Contract: every agreement or Contract between Guac.com and User, and of which these conditions form part.
Website: the Website of Guac.com, to be visited via https://guac.com including all associated (sub)domains.
2. Applicability of Conditions of use
The Conditions of use are applicable to all offers and Contracts of Guac.com, unless otherwise expressly agreed in writing.
If User includes provisions in his order, confirmation or notification of acceptance which deviate from or do not appear in the Conditions of use, these will only be binding on Guac.com if and insofar as they are expressly accepted in writing by Guac.com.
If, besides these Conditions of use, specific product or service conditions are also applicable, then those conditions also apply, but in a case of conflicting conditions User can rely upon the applicable provision which is most favourable for him.
3. Prices and information
All prices stated on the Website include VAT and, unless otherwise stated on the Website, any other government levies that may be imposed.
The content of the Website is composed with the greatest possible care. However, Guac.com cannot guarantee that all information on the Website is at all times accurate and complete. All prices and other information on the Website and in other material originating from Guac.com is therefore also subject to reservation for obvious programming or typing error.
Guac.com cannot be held liable for (color) variations resulting from screen quality.
4. Creation of Contract
The Contract comes into existence at the time of acceptance by the User of the offer from Guac.com and the satisfaction of the conditions stipulated for this by Guac.com.
If User has accepted the offer via electronic means, Guac.com will confirm receipt of the acceptance of the offer promply, by electronic means. Until receipt of the acceptance has been confirmed, User is able to cancel the Contract.
If, either upon acceptance or by some other means upon concluding the Contract, it becomes apparent that information supplied by User is incorrect, Guac.com is entitled to delay complying with its obligations until the correct information has been received.
Within statutory parameters Guac.com may check whether User is capable of meeting his payment obligations, and may also look into all facts and factors that are important in entering into the Contract in a responsible manner. If, based on this investigation, Guac.com has good grounds for not entering into the Contract, it is entitled to reject an order or request, stating reasons, or to attach special conditions to the performance, such as a requirement for payment in advance.
User shall ensure that all contact and payment details supplied by him are correct.
In order to make optimal use of Meal Plans and of the Website, User is required to register via the registration form/the account creation function on the Website.
During the registration procedure User chooses a user name and password with which he can login to the Website following registration. User is personally responsible for choosing a sufficiently reliable password.
User must keep his login details, username and password strictly secret. Guac.com is not liable for abuse of the login details and is always entitled to assume that a User who logs into the Website actually is the User. Everything that occurs via User's Account falls under the risk and responsibility of User.
If User knows or suspects that his login details have come into the possession of unauthorized parties then he must change his password as soon as possible and/or inform Guac.com about this, so that Guac.com can take appropriate measures.
The Account is strictly personal. Without the express consent of Guac.com it is not permitted to supply login details to third parties so that they can gain access to User's Account and/or the Meal Plans.
6. Use of Meal Plans
A User with a Subscription can make use of the Web application Meal Plans.
With Meal Plans User can add and store recipes in his Account. The recipes provide information about the meals, such as the ingredients, properties and preparation method. User can arrange the recipes over various parts of the day, during a week, and in this way create a meal planner. In this way Users gain insight into the macros and a complete overview of the number of calories in the recipes.
The macros of the recipe are indicative and no rights can be derived from them. This is because the macros are based on the meal in question and the ingredients used in it.
The aim of Meal Plans is to offer User a personal digital notebook with which User can plan meals and can look up and maintain information about the recipes. Meal Plans is explicitly not intended as dietary advice or as a diet. If User wishes to know whether a particular recipe or meal plan is healthy, or wishes to know whether the recipe or meal plan fits within a particular diet, then User should consult a dietician or other source of expert knowledge.
Based on the meals placed by User in Meal Plans, a shopping list is drawn up. User can view these shopping lists in Meal Plans, which state the ingredients that should be used in order to prepare the meals. These shopping lists can be sent to User's email address via Meal Plans.
User is able to share recipes which are published on the Website via social media, or to send them via email.
7. Usage rules
It is forbidden to use the Account and Meal Plans in any way that contravenes the Conditions of use or applicable legislation and regulation.
If Guac.com finds out that User is acting in violation of the Conditions of use or the law, or receives a complaint about this, Guac.com may take steps to bring the infringement to an end. Guac.com may also block access to Meal Plans by User.
Guac.com is entitled at all times to make a report of any criminal acts identified, and will comply with the instructions of authorities. Furthermore, Guac.com is entitled to supply the name, address, IP address and other identification data of User to a third party who complains that User is infringing their rights or the
Conditions of use, provided that:
- it is reasonable to assume that the data, in itself, is unlawful and harmful to the third party;
- the third party has a genuine interest in obtaining the data;
- it is plausible that in the particular case there is no less drastic way to obtain the data; and
- consideration of the interests involved leads to the conclusion that the interest of the third party should prevail.
User is bound to follow all reasonable instructions from Guac.com which relate to the use of Meal Plans.
8. Right of withdrawal
User is entitled to cancel the distance contract concluded with Guac.com during the cooling off period of fourteen (14) days, free of charge and without stating any reason. This period commences on the day that the Subscription is entered into.
User can make use of his right of withdrawal by sending Guac.com a clear statement to this effect within the cooling off period. User can use the model withdrawal form for this purpose, which is included below in Appendix 1 to these Conditions of use. The use of this form is not mandatory. User can send the model withdrawal form to Guac.com (digitally). In case of digital notification Guac.com will confirm receipt of the notice.
If User makes use of his right of withdrawal in good time, he is liable to pay a sum of money to Guac.com that is proportionate to the part that has already been supplied by Guac.com at the request of the User.
Guac.com will pay (part of) the subscription costs back to User within fourteen (14) days of the cancellation of the Contract. Repayment takes place in the same manner that User has paid the subscription costs.
On the Website information is clearly provided in good time prior to conclusion of the Contract, regarding the applicability or otherwise of the right of withdrawal and any desired procedure if applicable.
9. Fees and payment
User is to make payments to Guac.com in accordance with the ordering procedure and the payment methods stated on the Website. Guac.com is free to choose the payment methods it offers. Changes to the payment methods on offer are permitted.
If User has opted for payment based on invoice, User shall make payment of the amounts due within the payment period stated on the invoice. In the absence of a stated latest payment date, payment is to occur within fourteen (14) days of the invoice date.
If User has issued authority for collection by direct debit to Guac.com or a third party acting on its behalf, User shall ensure that the direct debit is capable of being paid when payment is due. The reversal of amounts collected will never relieve User of his obligation(s) to make payment to Guac.com. User is bound to inform Guac.com promptly in the event of any changes in payment details.
If User fails to comply with his payment obligations under the terms of a Contract, Guac.com is entitled to suspend performance of the Contract until User has satisfied his payment obligations.
If User does not satisfy his payment obligations in good time, then once User has been notified by Guac.com that he has exceeded the payment term and Guac.com has granted him a period of fourteen (14) days to comply with his payment obligation, if payment does not take place within this 14 day period the statutory rate of interest is payable on the outstanding amount and Guac.com is entitled to recover the extrajudicial collection costs incurred by Guac.com in accordance with the Extrajudicial Collection Costs (Fees) Decree.
10. Availability and maintenance
Guac.com will endeavour to supply Meal Plans and to make the site available to the best of its ability, but gives no guarantees relating to its performance and does not guarantee the uninterrupted availability of Meal Plans.
Guac.com is entitled to place Meal Plans or part of it temporarily out of use for the purpose of performing maintenance (planned and unplanned), or for adapting or improving it. Guac.com will endeavour to inform User about the planned shutdown in good time.
Guac.com may adjust the functionality of Meal Plans from time to time. In this case feedback and suggestions from User are welcome, but Guac.com will ultimately decide for itself which adaptations to carry out or not to carry out.
11. Complaints procedure
If User has a complaint about Meal Plans or the services provided by Guac.com, then he can submit his complaint to Guac.com via telephone, email or mail. See the contact details at the end of the Conditions of use.
Guac.com will give User its reaction to the complaint as soon as possible, but in any case within fourteen (14) days of receipt of the complaint. If it is still not possible to give a substantive or definitive reaction, Guac.com will confirm this within fourteen (14) days of receipt of the complaint and will give an indication of the period within which it expects to give a substantive or definitive reaction to the complaint from User.
User can also submit a complaint via the European ODR Platform (ec.europa.eu).
12. Intellectual Property
The Intellectual property rights relating to the Website, Meal Plans, the associated software, together with all information and illustrations, vest with Guac.com and/or its licensors. These may not in any way be copied or used without the explicit written consent of Guac.com, except in such cases as are permitted under the law.
Nothing in the Contract is intended to transfer any Intellectual property rights to User. The use that User may make of Meal Plans is limited to that which is described in the Contract. User acknowledges that the Website is the subject of Intellectual property rights of Guac.com and/or its licensors. User will do nothing to infringe these Intellectual property rights.
Guac.com hereby grants to User a non-exclusive and non-transferable right of use for the term of the
Subscription in order to be able to use Meal Plans in accordance with the Conditions of use. User is not entitled to withdraw or dispose of this right of use within the meaning of the previous clause if User has not complied with his obligations under the Contract.
Information, including data, which User stores or processes via Meal Plans is and remains the property of User or his licensors. Guac.com has a right of use entitling it to use this information in the conduct of its business, including for future aspects of this.
If User sends information to Guac.com, for example feedback concerning a fault, or a suggestion for the improvement of Meal Plans, User grants to Guac.com an unlimited and perpetual license to use this information. This does not apply to information that User expressly designates as confidential.
Meal Plans is not intended as health advice or any suggestion as to whether or not the recipes should be followed. Meal Plans is intended to afford User insight into various recipes and their associated macros and calories.
Guac.com has no influence over the data that User inputs and stores in the Meal Plans. Guac.com therefore excludes all liability to User for damage due to any failure to comply with the Contract or unlawful acts.
Any limitation of liability does not apply in a case of a deliberate act or recklessness on the part of Guac.com or in a case of death or bodily injury.
Guac.com endeavours to ensure that the information in the Meal Plans and on the Website is as complete and accurate as possible. However, Guac.com accepts no responsibility whatsoever for damage, however caused, due to the use, incompleteness or inaccuracy of the information provided in the Web application or on the Website.
14. Duration and end of the Contract
A Subscription is entered into for the Subscription period and early cancellation is not possible.
At the end of the Subscription period the Subscription will be extended for an indefinite period of time, unless User has cancelled the Subscription subject to a notice period of one (1) month.
Insofar as the possibility to do so is made available, cancellation should take place via User's Account. User can in any case cancel the Contract in the same manner that it was entered into.
Guac.com can cancel a subscription at any time, subject to a notice period of one (1) month.
15. Changes to the Contract
Guac.com reserves the right to revise or supplement the Contract, the Conditions of use and the prices.
Changes will be notified to User via email, or by some other channel provided that Guac.com can prove that notification has been received by User. Insignificant changes that do not relate to the substance of the Contract can be made at any time and do not require notification.
If User does not wish to accept a change, User must inform Guac.com in writing of this, stating reasons, within fourteen (14) days of notification. Guac.com may then reconsider the change. If Guac.com does not withdraw the change, user can terminate the Subscription until the date on which the change takes effect, in which case termination takes effect on that date.
Use of the Meal Plans by User after the date of coming into effect of a change counts as acceptance of the revised or supplementary conditions.
User is authorized to terminate the Contract in the case of a change to these present Conditions of use which is of far-reaching effect for User.
16. Personal data
Guac.com processes User's personal data in accordance with the privacy and cookie statement that is published on the Website.
17. Closing provisions
Dutch law is applicable to the Contract. This choice of law is without prejudice to any protection that User may be entitled to on the basis of the mandatory laws in his home country.
Except as may be provided under mandatory rules of law, all disputes which may arise under this Contract will be laid before the competent court in the district where Guac.com is established.
If any provision of the Contract should prove to be void, this does not affect the validity of the whole Contract. In this case Parties will determine (a) new replacement provision(s), which will give form to the intention of the original provision as far as legally possible.
The term “written" in these conditions shall also be understood to include communication via email or via any other electronic means of communication, provided the identity of the sender and the integrity of the message can be established sufficiently.
Should you have any questions, complaints or comments after reading these Conditions of use, please feel free to contact us.