Terms and Conditions

Last updated: 21.01.2019 r.

  • Welcome to Peater! Please read the following carefully, because by using Peater you agree to accept these following Terms and Conditions. If you do not agree to any of the following, you should restrain from using our service.

 

General

  • Peater services are rendered via the website available at: www.peater.net and via an application available at App Store and Google Play Store. For convenience, we refer to these services jointly as “Peater Service”, “Peater Services”, or simply “Peater”. Our services consist in compiling personalised meal plans for our users, based on information provided by them. Peater Services also take into account the users’ goals, which are individually defined for each of them with the use of our Service.
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  • The owner and administrator of Peater is: Diet and Wellness sp. z o.o., limited libility company with its registered office in Warsaw at ul. Modelowa 3, 02-797 Warszawa, entered in the register of entrepreneurs kept by the National Court Register under the number KRS 0000440420, tax identification number NIP 5252544624, statistical number REGON 146412710. Further in these Terms and Conditions referred to as „Diet and Wellness”.
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  • The moment you start using Peater you enter into an agreement with Diet and Wellness. These Terms and Conditions are an integral part of that agreement.
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  • You cannot use Peater if you are under 16 or if you have not accepted the Terms and Conditions. If the Terms and Conditions are infringed, we can delete your account from Peater.
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  • To start using Peater, you must first:
    • set up an account on Peater.net website or in Peater application,
    • consult your doctor to find out if there are any indications not to use a diet and inform your doctor regularly about the fact that you are on a Peater diet plan,
    • provide your true personal data and medical information.
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  • You are obliged to protect your Peater log-in details. Never disclose your login or password to any third parties.
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  • You cannot use any Peater account other than your own. You cannot make your account available to any third parties.
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  • You can use Peater Services for your own individual benefit only. We do not agree that you use Peater, either partly or entirely, for any purposes other than intended – this in particular pertains to consulting or informative activities aimed at other persons, and to activities which aim to compare or otherwise present data.
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  • You are obliged to use Peater Services strictly in accordance with the Terms and Conditions, the law, good online practices and standards of online services.
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  • When using Peater, you cannot:
    • publish either on peater.net or Peater app any materials or content of illegal nature, this including such that infringe the rights of Diet and Wellness or any other third parties, that are offensive, obscene or otherwise illegal,
    • publish any materials of erotic or pornographic nature or any information aiming to aid the use of such materials,
    • publish personal data or images of third parties,
    • publish private conversations or correspondence exchanged with third parties without these third parties’ consent,
    • abuse the means of electronic communication in such a way as to destabilise or overload the telecommunication systems that are directly or indirectly involved in Peater Services.
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  • As a user, it is you who bears the costs of Internet connection and costs related to the operation of end devices on which Peater Services are run.

 

Intellectual Property and Content Responsibility

  • All materials we make available to our users as part of Peater Services, the layout and visual and text content of Peater website and Peater application, are exclusively owned by Diet and Wellness and are subject to proprietary copyrights.
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  • Please be informed that:
    • due to the public nature of the Internet, which is the medium used to render Peater Services, the use of said Services may entail risks related to third party intrusion in the transmission of data sent between Diet and Wellness and User. You are therefore cautioned about the risks related to your Peater account access by unauthorised persons if you stay logged in, even if you do not use it at a given moment;
    • when the telecommunications systems undergo maintenance, your access to Peater account may be hindered or impossible, for which we cannot be held accountable. We will ensure the highest degree or professional care to make sure this kind of obstacles occur as rarely as possible and if they do – to resolve them as quickly as possible;
    • all opinions and comments published by users in Peater Services are private opinions of those users only.
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  • In accordance with the law, we are not obliged to monitor opinions or comments published by users in Peater. When we are informed that an opinion or comment infringes legal provisions, we will remove such illegal content and we may block the respective account. We are not responsible for the content of private opinions or comments of users, or for any infringement of third party rights with such user publications. In justified cases, we may be obliged to disclose to relevant bodies the personal data of an individual who breaks the law by posting a comment or opinion.

 

Technical Requirements

  • The following technical requirements must be met in order to enjoy Peater Services:
    • access to a device which makes it possible to browse websites or use mobile applications,
    • active Internet connection for the device mentioned above;
    • Microsoft Windows 7 or newer correctly installed in your device, or Apple’s operating system macOS 10.12 or higher, or Android 7.0 or higher, or iOS 11.4.1 or higher.
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  • If you use Peater Services via the website peater.net, you must have:
    • an up-to-date Mozilla Firefox, Google Chrome, Opera, or Safari internet browser correctly installed on the device mentioned above, with a possibility to display hypertext (HTML) documents posted online via the World Wide Web;
    • accept cookie files option enabled on said internet browser;
    • Java Script option enabled on said internet browser;
    • Adobe Flash Player 30.0 or higher correctly installed on the aforementioned user’s device.
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  • Peater Services are also available for devices with other operating systems, but due to technical considerations, there may be some difficulties encountered, for which we cannot be held responsible.

 

Peater Services Paid under the Agreement

What is Peater Service

  • The Peater Service provided to users by Diet and Wellness is a programme consisting of an individually designed meal plan generated based on assumptions and guidelines provided by you and taking into consideration the goals you set, with all additional functionalities.

 

Terms of Use concerning Paid Peater Services

  • To take advantage of the paid Peater Services, users must have an active account in Peater and a valid subscription.
    In order to start using paid Peater Services, you must:
    • choose one of the personal meal plans,
    • provide the information necessary to generate your first personal meal plan – either on registration or later in the Peater account settings,
    • choose for how long you wish to enjoy paid Peater Services,
    • pay for subscription.
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  • Since Diet and Wellness renders Peater Services by providing users with digital information, the user (you) hereby agrees that the use of Peater Services will start immediately after the chosen subscription payment is credited on Diet and Wellness bank account. This means that you will have no more than 14 days to withdraw from the agreement since the day you receive an e-mail confirming that the payment has been made, provided you do not start using Peater Services in the meantime. To use your right to withdraw from the agreement, follow the procedure described in section “Complaints” further down this document.

 

Terms of Providing Paid Peater Services

  • You can start using Peater after the bank account of Diet and Wellness is credited with your chosen subscription fee.
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  • By starting to use Peater, you acknowledge and agree that:
    • in order to provide you with high-quality paid Peater Services, you must first provide us with correct and reliable data about you and your goals,
    • following a specific type of diet may be ruled out due to health issues. By using Peater, you confirm that you have consulted the appropriate medical doctor and you have been informed about the indications or contraindications concerning the diet you have chosen to follow,
    • your personal meal plan allows you to compile a diet system to attain and maintain a desired bodyweight, with the assumption that the bodyweight may not drop below the norm defined by the World Health Organisation and expressed in the BMI index,
    • although the meal plans are prepared based on the current scientific knowledge, due to the specific nature and complexity of the human body, the diets cannot be guaranteed to ensure you achieve your desired goals, for which Diet and Wellness cannot be held responsible.

 

Fees and Charges

  • One of the conditions to be fulfilled to be able to use Peater is purchasing a subscription.
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  • Your chosen subscription is activated when the payment is confirmed to have been credited on the account.
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  • The validity of your subscription is expressed in days, starting from activation until the last day of the subscription’s validity.
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  • The period of validity for your subscription s indivisible and continuous.
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  • If you pay a Peater subscription fee for another period before the previous subscription period expires, this will prolong the preceding subscription period by the number of days paid as part of the new subscription.
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  • Peater Services are available in the following subscription plans:
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    30 days (1 month) EURO 9.90
    90 days (3 months) EURO 19.90
    180 days (6 months) EURO 29.90
    360 days (12 months) EURO 49.90
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  • The above subscription fees are expressed in euro and are gross amounts, meaning that they already include the VAT.
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  • The only way to purchase a subscription is to pre-pay the appropriate amount in one of the ways suggested by the payment operator.

 

Blocking or Deleting Peater Account

  • If a user publishes any materials that are illegal or against the Terms and Conditions, we have the right to block Peater for such a person for the time necessary to clarify the matter or remove said materials.
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  • If Diet and Wellness blocks the use of Peater Services under the Terms and Conditions, this does not result in suspension or discontinuation of the subscription.

 

Deleting the Account

  • You can delete your Peater account at any time.
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  • You agree that we can delete your Peater account if, despite warnings or even blocking the account, you continue to grossly infringe the Terms and Conditions.
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  • If your account is deleted, so is – irretrievably – all information we gather about the user.
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  • Deleting the account will be deemed as the user’s termination of Peater Services Agreement with immediate effect.

 

Complaints

  • All complaints related to Peater Services should be made by electronic communication to: reklamacje@peater.net.
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  • Any such complaint should contain identification of the user and a brief description of the occurrence.
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  • Complaints are reviewed within 14 (fourteen) days after receiving, and the submitting user will be informed abut the results of the complaint via email to the address the user specified as the one for communications related to Peater Services.
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Final Provisions

  • We reserve the right to modify the Terms and Conditions, you are therefore advised to stay updated abut the Peater rules. Moreover, we will inform you about any such changes to the Terms and Conditions via Peater.
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  • The provisions of the Polish law apply in all matters not governed in the Terms and Conditions.
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  • All disputes arising in connection with the use of Peater Services will be, if necessary, resolved by a relevant Polish common court, in accordance with the Polish law and in the Polish language.
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  • If any of the provisions in the Terms and Conditions are or become invalid by way of final and binding court ruling, this will have no effect on the validity of the remaining provisions.
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  • The Terms and Conditions become effective on […].