Terms & Conditions

Terms & Conditions Policy

Welcome to Shape My Plan Ltd, we operate the website www.shapemyplan.com
These terms and conditions outline the rules and regulations for the use of Shape My Plan Ltd’s Website and any person who buys any product from us (“the Customer” or “you”).
Shape My Plan Ltd is a private limited company registered in Ireland, registration number 605552 having its registered office at: 12 Luttrellstown Oaks Castleknock, Castleknock, Dublin 15, Ireland

By visiting our site and/or buying a subscription from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”). These Terms and Conditions apply to all users of the site, including without limitation users, browsers and customers. Please read these Terms and Conditions carefully before using our website. Do not continue to use Shape My Plan Ltd. website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions and Privacy Policy.
“Account” means an account created on the Service for a specific User to use the Service.
A “User” is a user of the Service that has been provided a license to use the Service under this Agreement that has not been terminated.
An “Individual User” is a User that uses the Service for their own personal use.
A “Professional User” is a personal trainer, or similar professional that uses the Service for their clients and has been accepted by the Company as a Professional User.

  1. Limited License(s)

The Company grants you  a limited, revocable, non-exclusive, non-transferable license to personally access and use the Service for non-commercial purposes, for your own individual use subject to the other terms of this Agreement.
If you are a Professional User, you are also granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service to create meal plans for your clients.

  1. Provision of Service

Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for purposes of determining that your usage is in compliance with this Agreement and applicable laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute and unconditional right to review and remove material accessible by or transmitted through the Service that, in our sole discretion, we believe is in violation of the law or this Agreement or is unacceptable to us in our sole discretion.

From time to time and without prior notice to you, we may change, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and/or Service do not entitle you to the continued provision or availability of the Site and Service.

  1. Your Use of the Service

You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service. Any such forbidden use shall immediately terminate your license to the Service.

You furthermore agree that:

You shall not create an Account or access the Service if you are under the age of 18.
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorised use of the Service by minors in connection with your Account.
Without limiting any provision herein, You are responsible for any use of your credit card or other payment instrument by individuals that access your Account;
You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an Account or use the Service if you have previously been removed by the Company;

You shall not use your Account to engage in any illegal conduct;
When creating or updating an Account on the Service, You may be required to provide the Company with certain personal information, which may include your name, birth date, e-mail address, and payment information. This information will be held and used in accordance with the Company’s Privacy Policy. You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes.
If you are a Professional User, that each of your clients that you use the Service for is an Authorised Client.
If you are a Professional User, that you will not enter the personal information of any client without their prior written permission.

  1. Ownership

The Company and its licensors exclusively own all right, title and interest in and to the Service and Service-related content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service and Service-related content.

  1. Subscriptions

You may access and use the Site and/or Service by either a free trial or you may choose to subscribe to a subscription plan through the Service by buying a monthly, 8 weeks or annual fee-based subscription.

If you are using a paid subscription, your online credit or debit card payments to the Company will be handled and processed by third party service and none of the sensitive data in relation to your payment will be stored on or used by the Site and/or the Service. Notwithstanding the foregoing, only the last 4 digits of your credit/debit card will be stored on the Site to let you know which card you are using towards your paid subscription. The Company shall not be liable for any payment or similar issues that arise due to the Third-party Provider. The Company may change the Third-party Provider from time to time. The current Third-party Provider used by the Company is Stripe.

Automatic Renewals of Subscriptions.

The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation. This means that once you a subscribing member, your subscription will automatically renew based on the subscription program you chose (e.g. monthly or annually.). You will be charged the rate stated at the time of purchase at the beginning of each billing term of your subscription via the billing method you have provided to us. Please ensure that your billing information is correct to prevent your subscription from lapsing.
Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Shape My Plan will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.
Cancellations and Refunds. You may cancel your subscription by contacting us by phone or email info@shapemyplan.com. You may also cancel your subscription on your membership account page in your profile. All refunds will be credited to the billing method associated with your account.

Unless otherwise stated in the terms of your subscription, the following terms will apply:

Free Trials: Some of the Services allow you to register for a free trial so you can try the Services before starting a paid subscription. If you register for a free trial, you may cancel at any time during the free trial period and incur no charge.

Subscriptions: Subscriptions may be cancelled at any time prior to two business days before your renewal date but are not eligible for a refund. If you cancel your monthly subscription, you will lose access to your Services for the remainder of that month. If you do not cancel your subscription prior to two days before your renewal date, we will renew your subscription for one more month/year etc.

  1. Your Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorised use of your account, or breach of your account information or password. The Company will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable solicitor’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorised use of your account or breach of your account information or password.

  1. Site for Information Purpose Only and Does Not Provide Medical Advice

We strongly recommend that before starting any plan you should seek medical advice. We are not a medical organisation and we do not and cannot give or purport to give you and medical advice or assistance in whatever form. This Site offers health, diet and nutrition related information, but is designed for informational purposes only, and it should not be taken or understood as medical advice and it is not intended as a substitute for the advice provided by your doctor, nutritionist, dietitian or other healthcare professional. This Site is not a certified weight loss program and does not provide any medical or health advice. If you have any concerns or questions about your health or the content on the Site and/or Service, you should always consult with a doctor, nutritionist or other health-care professional. You should not use the information on this Site for diagnosing or treating a health, nutrition or weight loss problem or disease, or prescribing any medication or other treatment. You should always speak with your doctor, nutritionist or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions.

  1. Termination of License

The Company may terminate your license to use the Service with or without cause at any time. Should you breach this Agreement or fail to comply with any term of this Agreement, your right to use the Service shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service.

  1. Disclaimer

The contents of Shape My Plan including text, graphics, images, video, opinions, information and other material (“Content”) are for informational purposes only. None of our employees hold medical or dietary qualifications and we are not a licensed medical care provider. We have not expertise in diagnosing, examining or treating medical conditions of any kind. We strongly recommend that you consult with you doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
Recipes and meal plans are formulated to suit some allergies or any other food related health problems. Please contact your doctor or a dietician prior to subscribing if you are unsure whether this product is suitable for your dietary needs.

Recipes and meal plans are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing any specific nutritional plan.

To cater for a broader range of alternative diets, we may offer recommendations and recipes for those that seek nuts free, pescatarian, lactose-intolerant, gluten-free and vegetarian, or vegan diet.  If an allergen is selected you should take caution or ask for expert advice that the meal ingredients on the recipes and meal plans provided by us does not contain the ingredient in which you are allergic to.  We are not responsible for any claims arising from your reliance thereon.

If you do notice any inaccuracies with information contained within our recipes/ website/general information, please contact us at info@shapemyplan.com.

If you have any concerns or questions regarding your health or your personal needs you should always contact your doctor. Always seek medical advice for any questions regarding a medical condition. The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.

Shape My Plan hold no responsibility for the condition or content of any third party websites that have links on the Site or in the Apps. Links to third party sites are provided for convenience only and do not imply any endorsement of those sites or products or services provided at those sites.
The Content on the Site is provided by Shape My Plan on an “as is” basis. Shap My Plan makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. All information contained in the Site is subject to change without notice.

  1. Links

Certain content, products and services available via our Service may include materials from third parties.

Any third party links do not imply that Shape My Plan Ltd sponsors, endorsers, is affiliated or associated with any linked third party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Unless otherwise stated, Shape My Plan Ltd and/or it’s licensors own the intellectual property rights for all material on Shape My Plan Ltd. All intellectual property rights are reserved. You may view and/or print pages from http://www.shapemyplan.com for your own personal use subject to restrictions set in these Terms and Conditions.
You must not:
Republish material from http://www.shapemyplan.com
Sell, rent or sub-license material from http://www.shapemyplan.com
Reproduce, duplicate or copy material from http://www.shapemyplan.com
Redistribute content from Shape My Plan Ltd (unless content is specifically made for redistribution).
Hyperlinking to our Content

If you are interested in linking to our website, you must notify us by sending an e-mail to info@shapemyplan.com. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these Terms and Conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

  1. Indemnity

You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Terms and Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Terms and Conditions.

You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Service.

  1. Conditions of Use

You must not: Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;

Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;

Make any modifications to the Site without proper authorisation in writing from Shape My Plan

Test, scan or circumvent the security of the Site;

Use the Site or any content in any way which breaches the rights of Shape My Plan or any third party;

Use the account of another Customer or impersonate another Customer when using this Site;

Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and

Use any method to autonomously create accounts by any means under fraudulent pretences.

We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.

If you have any query regarding your account or subscription, please contact us at www.shapemyplan.com.

  1. 14. Changes to these Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Please review these Terms and Conditions frequently and before using our Service. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Terms and Conditions, we will notify you here that it has been updated.

  1. Severability

If any court or other competent authority declares any part of these Terms and Conditions unenforceable or if these Terms and Conditions would, if any part were not omitted, be unenforceable then:
That part will, without in any way affecting the enforceability of the remainder of these Terms and Conditions, be severable and these Terms and Conditions is construed as if that part were not contained in these Terms and Conditions; and the parties must attempt to renegotiate that part in good faith.

  1. Miscellaneous

These Terms and Conditions and our privacy policy constitute the entire agreement between you and Shape My Plan relating to your access to and use of the Site and Service.
These Terms and Conditions, and any rights and licenses granted hereunder may not be transferred or assigned by you without the prior written consent of Shape My Plan.
No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Shape My Plan failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

  1. Governing Law

Your access and use of this website and the contents hereof shall be governed by and interpreted in accordance with the Laws of Ireland.

BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

PRIVATE POLICY

 

Shape My Plan Limited (“We”) are committed to protecting and respecting your privacy. This policy (together with our Terms and Conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, when you use our website will be processed by us.

Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will be used only in accordance with this privacy policy.

This policy will explain areas of this website that may affect your privacy and personal details and how your rights under the GDPR (general Data Protection Regulation), the Data Protection Act and the Privacy and Electronic Communications Regulations are adhered to.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

We are the data controller.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on our site www.shapemyplan.com (our site). This includes information provided at the time of registering to use our site and paying for your subscription. This is includes your name, address, email address, telephone number, age, sex, weight, heighy. We may also ask you for information when you report a problem with our site.

Use of the information provided

We use information held about you to understand your needs and provide you with a more tailored diet plan and recipes in the following ways:

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes, except for where we have legitimate interests in doing so. This is done in accordance with the regulations named above.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our Service.

Where we store your personal data

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

The data that we collect from you may be transferred to and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Security and Retention of Data

We are committed to ensuring that your information is secure. For this purpose, we will not hold your personal data for any longer than is reasonable. Further, we have taken reasonable steps to protect your information against unauthorised access and against unlawful processing, accidental loss, damage and destruction. Nevertheless, any personal data submitted by you is at your own risk.

We will not transfer your personal details to any third party for the purpose of direct marketing without your permission. As detailed above, we use third party service providers who may have access to your personal data so that they can provide services to us. When this occurs, we have a data protection compliant contract in place with these third parties. If you provided your details through our website only our internal office team will have access to your details.

Disclosure of Information

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If Shape My Plan Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our other agreements; or to protect Our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your Rights

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@shapemyplan.ie

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to Information

You are entitled to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act.

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Cookie Policy

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.