Thank you for using planketogenic.pro’s website and associated content (hereinafter “Website”). Healthy Custom Diets S.L. located in Calle Sagasta Nº 30, Piso 7 Drcha , 28004 Madrid, Spain, Spain with registration number B88430285 (referenced as “we”, “us”, and “PLANKETOGENIC”) provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Use Agreement (hereinafter “Agreement”). Healthy Custom Diets S.L.'s advertising are conducted by Doratrax Import SL.
Paypal sales are conducted by Keto Wellness S.L. located in Calle Arenys de mar, 25 - PTA 4, Terrassa, 08225, Barcelona, Spain with registration number B67599415. Credit Card sales sales are conducted by Healthy Custom Diets S.L. located in Calle Sagasta Nº 30, Piso 7 Drcha , 28004 Madrid, Spain with registration number B88430285. Supplements sales are conducted by DELIVER YOUR FANTASY S.L. located in Calle Tuset, 23 - 25 P. 4, Barcelona, 08006, Barcelona, Spain with tax legal number B67274530.
This Website is intended to provide information and services to adults. This Website is not intended for children under the age of 16 to use without direct parental supervision. No one under the age of 16 may use the Website without the consent of their parent or legal guardian.
By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Doratrax Import SL reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Doratrax Import SL replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND DORATRAXIMPORTSL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
These Terms and Conditions shall govern the access and use by third parties (hereinafter "Users") of the PLANKETOGENIC Platform (hereinafter the "Platform"), owned by Healthy Custom Diets S.L. (hereinafter "PLANKETOGENIC"), with VAT number B88430285 and at registered office at Calle Sagasta Nº 30, Piso 7 Drcha , 28004 Madrid, Spain, Spain.
The User may contact PLANKETOGENIC by sending an e-mail to the following address: [email protected]
By accepting these Terms and Conditions, the User undertakes to act at all times in accordance with the provisions set out in the clauses of this legal text, which define the rights and obligations of PLANKETOGENIC and the User with regard to the contractual relationship arising from the use of the services accessible through the Platform. These are the only Terms and Conditions applicable to the use of the Platform (without prejudice to the fact that specific conditions may exist for certain services) and replace any other conditions.
Access to and browsing through the Platform shall require Users to register.
This Platform has been developed by PLANKETOGENIC in order to offer European Users from United Kingdom, Germany and France (hereinafter, the “Users”) an interactive application based on an algorithm that creates personalised food diets (keto diets) based on the body characteristics and food preferences of the Users, as well as for the use of its content by Users (hereinafter, "Services").
In accordance with the foregoing, the Services are aimed at consumer users.
By using the Platform, the User warrant that is legal age (or, if not, that has the express permission of his/her parent or legal guardian) and has the capacity to agree to and uphold the terms and conditions contained within this agreement. If the User use the Platform on behalf of a business entity or other third party, must warrant that he/she expresses actual authority to act as an agent of that business entity and third party and, as a component of that agency, guaranteeing the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
In order for Users to enjoy the Services offered by PLANKETOGENIC through the Platform must take into account the following:
In order to use the Services made available to Users, they must proceed to create an account through an online form or Quiz that must be completed with the data required therein (food preferences, weight, height, etc.).
PLANKETOGENIC will facilitate the use of personal passwords to the User who registers as such on the Platform. These passwords will be used to access the services provided through the Platform.
Users shall have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the Username and / or passwords that allow access to your account and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to third parties.
By virtue of the above, Users must immediately notify PLANKETOGENIC by e-mail at [email protected] of any improper use of their Username and/or password, due to circumstances such as theft, loss or unauthorised access thereto, so that PLANKETOGENIC may proceed to cancel or block and/or disable them as soon as it becomes aware of the improper use of their User Account. Until such events are communicated, PLANKETOGENIC shall be exempt from any liability that may arise from the improper use of Usernames or passwords by unauthorised third parties.
In this respect, Users assume full responsibility for their use of the Platform. The Platform may provide Users with access to a large amount of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the "Content") belonging to PLANKETOGENIC or to third parties.
Users undertake to make lawful, diligent, honest, and correct use of any information or Content they have access to through the Platform, and all of this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
Once the User has created an account to access the Platform, he/she will have access to a profile or personal dashboard where he/she can fill in his/her personal details regarding his/her body characteristics (weight, height), food preferences, etc.
The User guarantees that his/her data will be accurate, current and truthful. Furthermore, you may cancel your account on the Platform at any time by contacting PLANKETOGENIC at [email protected]
Once the User's account has been created, the User may access the Services offered on the Platform.
However, PLANKETOGENIC may temporarily suspend access to the Platform without prior notice for maintenance, repair, updating or improvement operations. However, whenever circumstances permit, PLANKETOGENIC shall inform Users of the date on which the Services are due to be suspended.
The User undertakes to use the Platform and each of the Platform's services diligently, in accordance with the law, morality, public order and the provisions of these Terms and Conditions, and shall also refrain from using them in any way that could prevent, damage or impair the normal operation and enjoyment of the Platform by users or that could injure or cause damage to the property and rights of PLANKETOGENIC, its suppliers, users or any third party.
In particular, but without limitation, any person visiting the Platform, as well as Users shall not:
PLANKETOGENIC shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.
PLANKETOGENIC reserves the right to refuse any attempt to access the Platform or to cancel the provision of Services in cases of improper use of the Platform.
In particular, PLANKETOGENIC reserves the right of admission and exclusion from its Platform. Any User who does not comply with the rules contained in these Terms and Conditions may be excluded from the Platform.
PLANKETOGENIC undertakes to solve any problems that may arise and to provide all necessary support to the User in order to reach a rapid and satisfactory solution to the incident, and also undertakes to remove any advertisement published on its Platform whose content infringes the applicable laws at the time when it becomes aware of its existence.
PLANKETOGENIC provides Users with the use of the Services offered on the Platform.
In this respect, the use of the Platform is free of charge. However, Users who wish to obtain one of the subscription plans offered in the Platform to be able to have access to the keto diets without limitation, have the option of paying a monthly or annual subscription.
Specifically, the User has the possibility to subscribe to PLANKETOGENIC choosing among the following keto diet subscription plans available in the Platform:
The User will be able to access the essential characteristics of each keto diet plan through its description on the Platform.
PLANKETOGENIC guarantees the accuracy, completeness and updating of the information provided on the Platform for each keto diet plan offered to each User.
Notwithstanding, PLANKETOGENIC declines any responsibility for the appearance of errors in this information, although it undertakes to take all measures within its power to correct any such errors or omissions after having been informed of them.
PLANKETOGENIC reserves the right to modify the Services offered through the Platform to Users. In particular, PLANKETOGENIC may at any time add new Services, subscription plans and diet content to those offered or included on the Platform, it being understood that unless otherwise provided, these new Services, subscription plans and diet content shall be governed by the provisions of these Terms and Conditions.
The Services included on the Platform shall correspond as closely as possible to the best possible web display technology.
PLANKETOGENIC constantly and automatically updates the Platform in order to ensure maximum correspondence between the Services and the information available in this respect on the Platform.
The User will be able to access the essential characteristics of each keto diet plan through its description on the Platform.
PLANKETOGENIC guarantees the accuracy, completeness and updating of the information provided on the Platform for each keto diet plan offered to each User.
Notwithstanding, PLANKETOGENIC declines any responsibility for the appearance of errors in this information, although it undertakes to take all measures within its power to correct any such errors or omissions after having been informed of them.
PLANKETOGENIC reserves the right to modify the Services offered through the Platform to Users. In particular, PLANKETOGENIC may at any time add new Services, subscription plans and diet content to those offered or included on the Platform, it being understood that unless otherwise provided, these new Services, subscription plans and diet content shall be governed by the provisions of these Terms and Conditions.
The Services included on the Platform shall correspond as closely as possible to the best possible web display technology.
PLANKETOGENIC constantly and automatically updates the Platform in order to ensure maximum correspondence between the Services and the information available in this respect on the Platform.
The prices of the Platform subscriptions that appear on the PLANKETOGENIC Platform will be those reflected at all times through the Platform. These payments will be quarterly, half-yearly or annually, depending on the subscription plan contracted by the User. The subscription will be automatically renewed once it ends unless the User has previously cancelled it.
User agrees that will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Platform. PLAKETOGENIC will report as income all payments received from the User to PLAKETOGENIC to all proper taxing authorities.
The User can make the corresponding payments using the payment methods accepted in the Platform.
By confirming the payment, the User unequivocally confirms that the credit card is his or her property, and PLANKETOGENIC cannot be held responsible in any case for the fraudulent or illegal use of credit cards by third parties.
Furthermore, at no time during the purchase process can PLANKETOGENIC know or store the information relating to the User's credit card, transmitted via a secure connection with encryption protocol directly to the site of the entity managing the electronic payment.
PLANKETOGENIC does not provide any guarantee and accepts no liability, under any circumstances, for damages of any kind that may arise from access to or use of the contents of the Platform. Among others, and by way of example and without limitation, PLANKETOGENIC shall not be liable for the following circumstances:
The User may not exercise his/her right of withdrawal in accordance with letter m) of article 16 of Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards improved enforcement and modernisation of consumer protection rules in the Union.
In this regard, the User may cancel the subscription at any time, but any payments made will not be refunded (provided that the guarantee is not applicable).
However, the User may continue to enjoy the Services until the end of the contracted period of time. Once this period has expired, the subscription will not be renewed.
In accordance with the provisions of this European regulation in the field of consumption, we inform you that the User has the right to a guarantee for any lack of conformity that exists at the time of supply and which becomes apparent within a period of two years from the delivery of the digital services offered through the Website, for those Users who have contracted the paid subscriptions, provided that the Services supplied do not meet the subjective and objective requirements of the Service.
In this sense, and in the case that the User’s will would be the cancellation of his/her subscription because of the lack of conformity with the provision of the services to be provided by PLAKETOGENIC through this subscription plan, the User would have the right to ask the refund of the price initially paid or directly the resolution of the contract (this is, of these terms and conditions) signed by the User, provided that this disconformity is based on different objective and subjective legal requirements that has to be accomplished according to the European regulation in force in this matter (Directive (EU)2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the provision of digital content and services).
Users of the PLANKETOGENIC Platform may create multimedia content on the PLANKETOGENIC Platform for use by other Users. In this regard, Users grant PLANKETOGENIC a universal, non-exclusive, free, irrevocable and royalty-free licence to use such content, including the right to reproduce, distribute, modify, transform and publicly communicate it. Furthermore, Users grant each User of the Platform a universal, non-exclusive, free, irrevocable, royalty-free and irrevocable licence to access and use the content created.
In relation to any material that the User uploads to the PLANKETOGENIC Platform, the User declares, by way of example but not limitation, that he/she is PLANKETOGENIC of all rights to the videos, images, texts, logos, designs, music, information, trademarks, trade names and any other intellectual property rights, or that the third-party owners of the same have expressly authorised him/her to use them.
The User undertakes to hold PLANKETOGENIC harmless with respect to any damage and/or liability in relation to the infringement of any Intellectual Property Right of a third party.
The User acknowledges that all the elements of the Platform, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to them, are protected by the intellectual property rights of PLANKETOGENIC itself or of third parties, and that the Terms and Conditions do not grant the User any rights other than those specifically contemplated therein in respect of such intellectual property rights.
Therefore, and by virtue of the provisions of the European regulation in Intellectual Property, regularising, clarifying and harmonising the legal provisions in force, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Platform, on any support and by any technical means, unless expressly authorised in writing by PLANKETOGENIC.
Specifically, and by virtue of the provisions of national, European, and international regulations on intellectual property, the use of all or part of the contents of this website, and specifically the content produced by PLANKETOGENIC, for commercial purposes, in any medium and by any technical means, without the authorisation of PLANKETOGENIC, is expressly prohibited without the authorisation of PLANKETOGENIC.
The User shall use the materials, elements and information accessed through the use of the Platform solely for his or her own needs and undertakes not to directly or indirectly exploit the materials, elements and information obtained through the same for commercial purposes.
The User undertakes to respect the Intellectual Property and trademark’s rights owned by PLANKETOGENIC. The User shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the PLANKETOGENIC Platform.
PLANKETOGENIC does not grant any licence or authorisation of use of any kind on its intellectual property rights or on any other property or right related to the Platform, and under no circumstances shall it be understood that access and browsing by Users implies a waiver, transmission, licence or total or partial transfer of said rights by PLANKETOGENIC.
Any use of such content not previously authorised by PLANKETOGENIC shall be considered a serious breach of intellectual property rights and shall give rise to the legally established liabilities.
The use of this Platform may require Users to provide personal data. PLANKETOGENIC treats this type of information in accordance with the applicable legislation and includes it in its Privacy Policy.
PLANKETOGENIC reserves the right to make as many modifications to these Terms and Conditions as it deems appropriate for the correct provision of the Service, in which case Users shall be notified in advance in a clear and comprehendible way and with no additional cost for the User. These modifications shall be valid as soon as they are published on the Platform.
All clauses or terms of these Terms and Conditions of Use must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The clause or clauses affected shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, the Platform informs that, in case of dispute, the User resident of the European Union may use the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the contractual relationship between the parties.
If you wish to access the "Online Dispute Resolution Platform" you can do so via the following link: https://ec.europa.eu/consumers/odr/.
These Terms and Conditions are subject to European law. The parties, in accordance with the European regulation in force in this mater, submit to the Courts and Tribunals of the place of residence of the User.
PLAKETOGENIC and its Keto Diet Plans are not intended to diagnose, treat, cure, or prevent any disease. PLAKETOGENIC is not a licensed medical professional or entity, and is not affiliated with licensed medical professionals in any way.
In this sense, it is important to highlight that the Keto Diet is intended for adults only. Individuals who are pregnant, breastfeeding, or have conditions in which their liver, kidney, or pancreas, or any other pertinent organs, are at risk should not use the Keto Diet without the approval of their medical doctors.
PLAKETOGENIC strongly encourages all Users to discuss with a medical professional whether the Keto Diet is appropriate for their needs. By agreeing to these terms, the Users affirm that are not suffering from any of the medical conditions cited above, and that they have consulted with a medical professional, having proceed under their own risk. By using the Keto Diet, the User shall not hold PLAKETOGENIC liable for medical side effects as a result of using the Keto Diets plans offered in PLAKETOGENIC’s Platform, or any other service or product related to PLAKETOGENIC.
Therefore, BEFORE TRYING THE KETO FOOD PLAN MADE BY PLAKETOGENIC ACCORDING WITH THE USERS’ BODY CHARACTERISTICS AND FOOD PREFENCES, THE CLIENT HEALTH SHOULD PREVIOUSLY BE EVALUATED BY HIS/HER HEALTHCARE SERVICE PROVIDER OR HE/SHE SHOULD CONSULT WITH HEALTHCARE SERVICE PROVIDER.
PLANKETOGENIC clearly states that it is not a medical organization and cannot give to the Users any medical advice or assistance. Nothing within Services provided by PLANKETOGENIC is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The User is solely responsible for evaluating and assessing his/her own health. PLANKETOGENIC encourage the User to seek appropriate medical advice or assistance before using PLAKETOGENIC’s Services.
