By using the MealEasy Professional web site ("Service"), a service of Noviden Technologies Inc. ("Noviden"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Noviden reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.mealeasy.com/pro/terms-of-service.html.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
Noviden and MealEasy Do Not Provide Medical or Dietary Advice
This Service does not provide medical, dietary or health related advice of any form to you or your patients and it is your patients responsibility to obtain such advice from their own medical and health professionals and dieticians. Your patients shall also be responsible for their own careful review of food ingredients to ensure that they and those they serve are not subjected to allergic reactions or other detrimental effects. Noviden and its shareholders, employees and representatives shall not be responsible in any way for the medical, health, dietary, or other results your patients may experience by using the meal plans and related services which are part of the MealEasy Service.
Your Guarantee and Declaration About Your Information
You guarantee and declare to Noviden as follows:
- That all information you provide to Noviden is accurate, including but not limited to your address and residency information;
- That you are not a registrant for the Goods and Services Tax (GST) or Harmonized Sales Tax (HST) in Canada; and
- That if you are a resident of Canada, you will only use the Service in your province of residency, and if you are not a resident of Canada you will only use the Service outside of Canada.
- The Service is an online subscription based web site, accessable only via the Internet.
- You must be 13 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Noviden cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- Accounts registered by automated methods are not permitted.
- One person or legal entity may not maintain more than one trial account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You will access your patients meal planning accounts only with their express consent for the purpose of assisting them with meal planning and/or dietary advice.
Payment and Refunds Terms
- A valid credit card is required for paying accounts.
- The Service is billed in advance.
- All posted fees are in Canadian dollar unless otherwise noted.
- All posted fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Appropriate taxes, levies, or duties will be calculated and added on to your monthly bill in accordance with the local address you provided.
- For new MealEasy Professional subscribers and their patients, we provide an unconditional 30-day money-back guarantee. During the first 30 days, MealEasy Professional subscribers must send us an email to firstname.lastname@example.org requesting a refund and we will refund your money in full.
- After the initial 30 day period, we do not give refunds.
- A commission of 25% is paid to MealEasy Professional subscribers for each patient referred to MealEasy's meal planner by the clinic or an individual practitioner. To be eligible to receive a commission the patient must be a paid subscriber who signs up for MealEasy's meal planner using the personalized registration web address provided with your MealEasy Professional subscription.
- The commission is paid excluding all/any taxes.
- The commission is paid in Canadian dollars.
- The commission is paid quarterly (January, March, June, September). Payments will be made out to your registered business name, including the sum total of the commission earned by all practitioners at your registered business name. Other arrangements can be arranged upon request.
- Your patients must be paid subscribers for more than 30 days in order for you to be eligible to receive the commission.
- If your patient cancels within the first 30 days and receives a refund, or if at the discretion of Noviden we deem it necessary, or right for any other reason to give refund, no commission will be due and payable.
- If your subscription to MealEasy Professional is terminated for any reason, no commission will be due to you from the time of termination, even if your patient remains a subscriber.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. To cancel email us at email@example.com.
- All of your Content will be immediately deleted from the Service upon cancellation, subject to our retention of our records of your account as we may require to satisfy any potential legal obligations we may have. This information cannot be recovered once your account is cancelled.
- Noviden, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Noviden service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Noviden reserves the right to refuse service to anyone for any reason at any time.
Service Modifications and Prices
- Noviden reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MealEasy Site (www.mealeasy.com) or the Service itself.
- Noviden shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service, except that we shall have the non-exclusive and perpetual right to publish, make available and reproduce such material.
- Noviden does not pre-screen Content, but Noviden and its designee have the right (but not the obligation) in their sole discretion and without cause to refuse or remove any Content that is available via the Service.
- The look and feel of the Service and all other intellectual property and trademarks used by the Service are owned exclusively by or licensed to Noviden Technologies Inc. All rights reserved. © Noviden Technologies Inc. 2011. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, the MealEasy trademark or any other intellectual property associated with the Service or the MealEasy website without express written permission from Noviden.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Noviden uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Noviden does not guarantee the performance of any third party vendors and hosting partners.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Noviden, or any other Noviden service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Noviden.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are or may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Noviden customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Noviden) of other MealEasy customers, we reserve the right to immediately disable or throttle (limit or restrict use of) your account.
- Noviden does NOT warrant that (i) the Service will provide and any health or dietary benefits to you or your patients; (ii) the Service will meet your specific requirements or expectations, (iii) the Service will be uninterrupted, timely, secure, or error-free, (iv) the results that may be obtained from the use of the Service will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service, or (vi) any errors in the Service will be corrected.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOVIDEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY, HEALTH EFFECTS OR DETRIMENT, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOVIDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHICH EXCEED THE LAST 12 MONTHS OF FEES PAID BY CUSTOMER UNDER HIS/HER ACCOUNT, RESULTING FROM: (I) ANY HEALTH, MEDICAL, DIETARY, ALLERGIC OR SIMILAR OUTCOMES, RESULTS OR LACK OF OUTCOMES OR RESULTS FROM ANY USE OR MISUSE OF THE SERVICE; (II) THE USE OR THE INABILITY TO USE THE SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) OR ANY OTHER MATTER RELATING TO THE SERVICE.
- The failure of Noviden to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Noviden and govern your use of the Service, superseding any prior agreements between you and Noviden (including, but not limited to, any prior versions of the Terms of Service).
- These Terms of Service and all use of the MealEasy Service shall be solely and strictly subject to the laws of Nova Scotia and the laws of Canada applicable in Nova Scotia, and any and all disputes shall be exclusively subject to the courts of Nova Scotia, without regard to conflicts of law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
What Constitutes Personal Information?
Personal information is any information about an identifiable individual, but does not include certain business contact information including the name, title, business address or business telephone number of an employee of any organization.
Collection of Personal Information
We may collect the following personal information about you:
- Email, home and business addresses
- Telephone number
- Credit card information
- Meal, food and health preferences, limitations and conditions, to facilitate and improve our Service to you
- Service and Product requirements and preferences
- Your status as a registrant or non-registrant for the Goods and Services Tax (GST) or Harmonized Sales Tax (HST) in Canada
- If you subscribe to MealEasy by referral from a professional health practitioner site (a "Practitioner Referred Subscription" or "PRS"), the name and contact information of the relevant practitioner and the type of practice;
- Other information as required or permitted by law.
The information above is generally collected from you, but we may also collect information as necessary from financial institutions and credit card companies for the purposes of processing your payments for our products and services.
Use of Personal Information
Your personal information may be used by us as permitted or required by law and for the following purposes:
- to provide our products and services to you;
- to process invoices and your payment by credit card or any other billing options which we may make available;
- to contact you for customer follow up and to seek your input and to advise you about products and services of Noviden and MealEasy and affiliated companies, but only your name, email, address and telephone number will be used for this purpose.
Sharing Your Personal Information
We do not sell your personal information to third parties. We may share some or all of your personal information as required or permitted by law, as follows:
- to third party service providers and hosting partners who assist us with operating a Service and who provide the necessary hardware, software, networking, storage and related technology. Your personal information shall only be provided to such third parties to the extent required for us to provide the Service, and such third parties shall be bound by obligations of confidentiality and shall not be permitted to use your personal information for any purposes beyond the scope of providing their services to us to support MealEasy, without your additional consent;
- to credit card companies and related financial institutions for processing your payment;
- to collect any debt you may owe to us;
- to affiliated companies and independent contractors for the purpose of customer follow-up and to seek your input and to advise you about products and services of Noviden and MealEasy and affiliated companies, but for this purpose we shall not share more than your name, email address, address and telephone numbers;
We may use aggregate information about our customers, without identifying such customers, for the purpose of research, improving our site, and reporting on trends and patterns of our customers and the use of the MealEasy Service.
Safeguards for Personal Information
Links and Other Associated Sites
How Long Do We Keep Your Personal Information?
We retain your personal information as long as you remain our customer. If your relationship with us as a customer ends, we may use and disclose your personal information as required and permitted by law, to conclude any outstanding matters relating to your relationship with us, to contact you for customer follow up, and to seek your input and advise you about products and services of Noviden and its affiliated companies that may interest you. If you do not wish to receive any such further information, please contact us as indicated under the "Contact Us" heading below. We also retain your personal information as necessary to satisfy any potential legal obligations we may have.
If you wish to file a complaint, make inquiry regarding or obtain access to your personal information that we may hold, please contact us as follows:Noviden Privacy Officer - Noviden Technologies Inc.
148 Chain Lake Dr.
Halifax, N.S., B3S 1A2
Please be aware that access may not be provided to certain information which is protected by lawyer-client privilege, constitutes confidential commercial information, was collected in respect of the investigation of a breach of an agreement or of law, or is generated in respect of dispute resolution.
Noviden may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your MealEasy account or by placing a prominent notice on our site.