TERMS &

CONDITIONS

Website owner, the offering, and binding of terms

This website is owned and operated by Michelle Reed. These terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to book and pay for a nutrition counselling service. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Requirements to create an account on our website

In order to use our website and/or receive our services, you must be the legal age of your country of residence and possess the legal authority, right and freedom to enter into these terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Key commercial terms offered to customers

When buying a service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a service when you commit to buy a service and you complete the check-out payment process.

The prices we charge for using our services are listed on the website. We reserve the right to change our prices for services displayed at any time, and to correct pricing errors that may inadvertently occur.

 

Cancellation & refund policy

Cancellations are only accepted 24 hours or more prior to the booked date of the service. A full refund will be provided if this time deadline is met. If the time deadline is met, the full refund will be returned in a time frame of 48 hours following the cancellation of the service. If this time deadline is not met, a refund of 75% of the full-service price will be refunded. The refund will be returned using the same payment method as that originally used for the booking of the service by the consumer.

 

Requirements for using the services

My services are not available to those under the legal age of their country of residence. This is due to the online process by which my services are conducted.

 

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Michelle Reed. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

I recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, I confirm that I own all the relevant rights or received the appropriate license to upload/transfer/send the content. I agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Indemnification

You agree to indemnify and hold Michelle Reed harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Michelle Reed be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, Michelle Reed, assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 para. 1 lit. b DSGVO, insofar as your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO), provided that the enquiry was made.

The data entered by you in the contact form will remain with us until you request us to delete it, revoke your consent to its storage or the purpose for which it was stored ceases to apply (e.g. after your enquiry has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

 

Signing of consent form

Once the nutritional plan (e.g. Basic or Sport plan) is paid for, it is required to sign the consent form prior to the start of the initial consultation. The consultation cannot be conducted prior to receiving the signed consent form.

 

Registration on this website

You can register on this website to use additional features on the site. We will only use the data entered for this purpose for the purpose of using the respective offer or service for which you have registered. The mandatory data requested during registration must be provided in full. Otherwise we will refuse registration. In the event of important changes, for example to the scope of the offer or technically necessary changes, we will use the e-mail address provided during registration to inform you in this way. The data entered during registration is processed for the purpose of implementing the user relationship established by the registration and, if applicable, for the initiation of further contracts (Art. 6 paragraph 1 lit. b DSGVO). The data entered during registration is stored by us for as long as you are registered on this website and is then deleted. Legal retention periods remain unaffected.

 

Preference of law and dispute resolution

These terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Germany, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Koblenz. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Newsletter 

If you would like to receive the newsletter offered on the website, we need an email address from you as well as information that allows us to check that you are the owner of the email address provided and that you agree to receive the newsletter. We regularly send you product recommendations/news by e-mail. In this way, we will send you information about our services that you may be interested in based on your recent purchases of services from us. Further data is not collected or only collected on a voluntary basis. We use these data exclusively for sending the requested information and do not pass them on to third parties. The data entered in the newsletter registration form will be processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example by clicking on the "unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation. The data you have provided us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you have cancelled your subscription. Data stored by us for other purposes remain unaffected by this. After you have been removed from the newsletter distribution list, your e-mail address will be deleted by us or the newsletter service providers may be stored in a blacklist to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in compliance with the legal requirements when sending newsletters (legitimate interest in the sense of Art. 6 Para. 1 lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by the email address you have provided us with. If you don't want to receive such promotional materials or notices, an unsubscribe button will be included in all emails.

 

eCommerce and payment providers

Processing of data (customer and contract data)

We collect, process and use personal data only to the extent that they are necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 letter b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. We collect, process and use personal data on the use of this website (usage data) only to the extent necessary to enable or charge the user for the use of the service.

 

Data transmission upon conclusion of a contract for services and digital content

We only transfer personal data to third parties if this is necessary within the scope of the customer shall inform the bank responsible for handling payments if it is necessary to process the contract. A further transmission of the data does not take place or only if you have expressly agreed to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes. The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

 

Payment services

We integrate payment services of third-party companies on our website. When you make a purchase from us, your payment data (e.g. name, payment amount, bank account details, credit card number) are processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions. The payment service providers are used on the basis of Art. 6 para. 1 lit. b DSGVO (contract processing) and in the interest of a payment transaction that is as smooth, convenient and secure as possible (Art. 6 para. 1 lit. f DSGVO). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. DSGVO is the legal basis for data processing; consent may be revoked at any time in the future.

We use the following payment services / payment service providers within the scope of this website:

  • PayPal

The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal").

  • Visa

The provider of this payment service is Visa Europe Services Inc., Zweigniederlassung London, 1 Sheldon Square, London W2 6TT, United Kingdom or branch office in Germany Visa Europe Management Services Limited, Neue Mainzer Strasse 66-68, 60311 Frankfurt (hereinafter “Visa”).

  • Mastercard

The provider of this payment service is Mastercard Europe, a subsidiary of Mastercard Incorporated, Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium. The Mastercard Representative Office Germany c/o WeWork, Taunusanlage 8, 60329 Frankfurt/Main, Deutschland.

 

Encrypted payment transactions on this website

If there is an obligation to provide us with your payment data (e.g. account number for direct debit authorisation) after the conclusion of a chargeable contract, this data is required for payment processing. The payment transactions via the usual means of payment (PayPal, Visa/MasterCard) are carried out exclusively via an encrypted SSL or TLS connection. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. In the case of encrypted communication, your payment data that you transmit to us cannot be read by third parties.

Audio and video conferences

Data processing

Among other things, we use online conference tools for communication with our customers. The tools we use in detail are listed below. If you communicate with us by video or audio conference via the Internet, your personal data will be collected and processed by us and the provider of the respective conference tool. The conferencing tools collect all the information you provide/set to use the tools (e-mail address and/or your telephone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other "contextual information" in connection with the communication process (metadata).

Furthermore, the provider of the tool processes all technical data required for the handling of the online communication. This includes in particular IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker as well as the type of connection. If content is exchanged, uploaded or otherwise made available within the tool, this is also stored on the servers of the tool providers. Such content includes in particular cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards and other information shared during the use of the service. Please note that we do not have full control over the data processing operations of the tools used. Our options are largely determined by the company policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, which we have listed below this text.

 

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 sentence 1 lit. b DSGVO). In addition, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). If consent has been requested, the tools in question will be used on the basis of this consent; the consent can be revoked at any time with effect for the future.

Storage period

The data collected directly by us via the video and conference tools is deleted by our systems as soon as you request us to delete it, revoke your consent to storage or the purpose for which the data was stored no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected. We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

External links

From time to time we may include links from external websites on our blog. We are not liable for the data collection, terms of use or privacy policy with such websites and cannot be responsible for any potential viruses or cookies found on these web pages.

 

Customer support details & contact info

For contact services, please refer to the contact forms at the bottom of our ´HOME´ and ´MEET ME´ pages on our website or simply email us directly at mreednutrition@gmail.com.

Lasted updated: November 2020