Terms of Use

LAST MODIFIED: Augest 2017

1. Definitions

1.1 This Website myeazydiet.com ("Website") is owned and operated by Bielriso Limited, 12B Pentadaktylou, Tseri, Nicosia, 2480, CY

1.2 The terms "MYEAZYDIET", "we", "us", "our" and "ours" when used in these Terms of Use means myeazydiet.com.

1.3 The terms "you", "your" and "yours" when used in these Terms of Use mean any user of this Website.

2. Agreement

2.1 Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use.

2.2 By accessing this Website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Website.

2.3 These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

2.4 Access to this web site (or portions thereof) and the use of information, materials, products or services provided through this web site (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.

3. Ownership

3.1 Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of MYEAZYDIET or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

3.2 Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

3.3 Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

4. Trademarks

4.1 MYEAZYDIET name and its logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website , unless otherwise notes, are trademarks (whether registered or unregistered) of MYEAZYDIET ("Marks"). All other trademarks, product names, company names, logos and trademarks mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and./or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

5. Links from other websites

5.1 Any link to this Website without our written permission is prohibited. Notwithstanding authorisation to link to this Website, linking to any page other than the home page is prohibited. Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning MYEAZYDIET.

5.2 Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.

5.3 Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

6. Privacy policy and consent

6.1 We are committed to protecting your privacy and by agreeing to these Terms of Use you acknowledge that you have read and understood the terms of our Privacy Policy and that you agree with it.

6.2 Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

6.3 We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other transmission for the purposes of quality control and other business needs.

6.4 Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

7. Billing Charges and Refunds

7.1 All fees accrued for the consultation will be billed and charged to your credit card and you authorize the card issuer to pay any amounts set forth herein and authorize us (or our billing agent) to charge your credit card account until you or we cancel or terminate your account; if payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.

7.2 You will be responsible for payment of any applicable sales, use and other taxes in relation to the grant of access rights hereunder, or the delivery of related services.

7.3 If you are dissatisfied with the service for any reason we will make a reasonable attempt to remedy the matter. Refunds will be issued at company’s sole discretion and in the event that a refund is issued then any and all refunds will be made by crediting the credit card that was used to make the original purchase.

8. No warranties

8.1 This Website is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, MYEAZYDIET, its affiliates, service providers and licensors disclaim all warranties, express, implied, statutory or otherwise. Without limiting the foregoing, MYEAZYDIET, its affiliates, service providers and licensors do not represent or warrant to you or your company and MYEAZYDIET, its service providers and licensors hereby disclaim all conditions, warranties and other terms relating to:

8.1.1 merchantability, fitness for a particular purpose, title and non-infringement;

8.1.2 delays, interruptions, errors, or omissions in the operation of this Website or any part of it;

8.1.3 the transmission or delivery of this Website or its availability at any particular time or location;

8.1.4 the use, validity, accuracy, currency or reliability of, or the results of the use of this Website or any information published on this Website ; and

8.1.5 to Website s to which this Website is linked.

8.2 It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

8.3 Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for death or personal injury caused by our negligence nor for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

9. Exclusion of liability

9.1 To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any Website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

9.2 This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Some jurisdictions do not allow the limitations of liability set forth above, so these limitations of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of MYEAZYDIET, its service providers and licensors under such circumstances for liabilities that otherwise would have been limited, shall not exceed € 500.

10. Indemnity and release

10.1 You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website or any of the information, materials, products or services available through this Website.

11. Modification and discontinuation

11.1 We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

12 Entire understanding

12.1 These Terms of Use contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

12.2 If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

13. Waiver

13.1 MYEAZYDIET failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by The Stationers’ of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

14. Governing law & Jurisdiction

14.1 These Terms of Use and any action related thereto will be construed and governed by the laws of the Republic of Cyprus without regard to its conflict of laws provisions.

15. Arbitration of Disputes

15.1 ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS INTERNATIONAL IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PLACE OF ARBITRATION WILL BE CYPRUS AND THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS WILL BE ENGLISH. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOF.

15.2 The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 14 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors' rights in and to intellectual property or confidential information.

16. Class Action Waiver

16.1 IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

17. Contacting Us

17.1 If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to Ombudsman, Bielriso Limited, 12B Pentadaktylou, Tseri, Nicosia, 2480, CY or by e-mailing us at [email protected].