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TERMS AND CONDITIONS OF THE SERVICE

LEGAL - TERMS AND CONDITIONS OF THE KEYCALORIE SERVICE.

          

1. INTRODUCTION.

 

Welcome to KeyCalorie. It is a pleasure to welcome you to our platform with which we seek you to achieve the objectives that you propose while we help you take care of your diet. These "Conditions and Terms of Use" apply at all times when using the WEBSITE whose sole owner is KEYCALORIE NUTRITION SL as well as the different services, benefits and functionalities of the same. Additionally, we must remind you that you have rights that are not limited by these Terms and Conditions of Use in accordance with Spanish legislation.  

 

It is equally important for us that you are aware of our Privacy and Data Protection Policy as well as current legislation and regulations applicable to the Rights of Consumers and Users.  

 

2. ABOUT US.

 

The keycalorie.com WEB page is owned by Keycalorie Nutrition SL (hereinafter "Company" or "Keycalorie"), a company legally constituted in accordance with Spanish law with Tax Identification Number B88298575, domiciled at Calle de Jacometrezo 15, Madrid , 28007, Registered in the Madrid Mercantile Registry in volume 38,670, Folio 109, Seat 141, Inscription 1, Page M-687600.  

 

3. PURPOSE.

 

Our website has been designed in order to bring together the widest range of restaurants and healthy food agencies as well as to facilitate healthy eating plans developed by nutritionists and updated information that helps those who enter the to achieve a healthier lifestyle without replace at no time the personalized, face-to-face and professional attention to which we recommend going at all times.  We are an easy and simple way to obtain nutritional recommendations, as well as recommended meal plans according to a series of variables that the user provides us through different forms and an online review that is intended to provide an easy-to-follow guide oriented to a objective  to achieve at all times.  

 

In order to carry out our activity, we rely on other applications and functionalities that allow us to provide the service with the desired quality. We are also constantly improving and developing our technology and processes in order to improve the times and services provided. We also seek to expand the services we provide through new developments that allow us to offer a better service to our clients.  

 

 

4. USER'S PERSONAL AREA.

 

The user agrees to have read and understood the "Terms and Conditions of Use" of the platform, its content being an agreement between the user and Keycalorie Nutrition SL At the time the user uses any of the functions that we offer on our website, the user expressly recognizes and accepts that it is obliged to comply with the responsibilities arising as well as is obliged by the "Terms and Conditions of Use" as well as by the "Privacy Policy" of the Platform and by other corporate policies of Keycalorie that are applicable. The user also acknowledges accepting that the content and services offered do not infringe or should be used to infringe current regulations and regulations, understanding at all times the clear nature and purpose of the personalized recommendations that are made on this WEBSITE.

 

Before using any of the functionalities provided by KEYCALORIE, especially those related to contracting  of the telematic nutritional consultation plan with a nutritionist, the user affirms that he understands the unique nature of recommendation of the personalized plans that are delivered to him and is fully aware that at all times KEYCALORIE always advises to go in person with nutrition professionals who can provide the service in the best possible way, especially for those cases in which the user has a SERIOUS DISORDER or complication in their health that requires assistance focused on providing the best help. The services provided by KEYCALORIE are possible thanks to the nutritionists who collaborate with us by providing them electronically, but it is important to indicate that for pathological cases it is always recommended to attend the doctor, since he is the only professional authorized to give a recommendation and send the treatment medical necessary.  

 

Keycalorie at no time seeks to be a substitute for the professional work of nutritionists or of any profession that is dedicated to said activity of nutritional advice. Keycalorie is exclusively a complement and accompaniment that provides a healthy food offer as well as advice and tips on eating plans with a certain degree of customization to its users, making the tool accessible to users. We seek to bring nutrition to all people in an easy, simple and accessible way so that they can achieve their goals with an accompaniment that helps them with their doubts and that gives them the necessary motivation to achieve it.  

 

Once the user accepts these "TERMS AND CONDITIONS OF USE", they can proceed to access all the functionalities of the WEB, within which is the "User's Personal Area" where they will get their weekly meal organizer with dish recommendations to consume to achieve the objective indicated by the user, as well as how to change them and suggestions that can be adapted to the user's nutritional plan. It is very important that the user chooses a secret password which he must take care of at all times. You can request the modification of this at any time, which is strongly requested in case of suspicion or loss. The user AFFIRMS understands that he will be responsible for any action carried out from his account even when another person had used his account, reiterating the importance of taking care of his password at all times.  KEYCALORIE will not be held responsible for any action, loss or action carried out by the user on the WEB, which includes any mechanism or transaction that is carried out in it.

 

In the same way, the user affirms that he understands that he is a user from the moment he ACCESSES THE WEB, not being necessary to carry out the contracting of one of the services on the KEYCALORIE WEB, being bound to these terms, as well as how he has the obligation to respect them at all times. The user will also be responsible for any action that is carried out from the moment he has the telematic call with the nutritionist through the platforms that are indicated to proceed with it. For these purposes, KEYCALORIE will understand that the user who connects does so personally in accordance with the data provided and being responsible for the behavior and actions carried out.  

 

As a user, you can close your account at any time without having to mediate any requirement to do so, KEYCALORIE proceeding to delete your data. This will be done in accordance with the procedures provided on the WEB from your user area.

 

Keycalorie reserves the right to close your account if it will be considered that your behavior is contrary to the rules of coexistence and good treatment or the common uses of the internet. You may also proceed to close your account in any case that you abuse the functionality of the platform or breach these terms and other agreements and policies of Keycalorie that you will find on the WEB in the sections for this purpose. Any situation that needs to be clarified can always be done through the means of contact provided on the WEBSITE.

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5. AVAILABILITY OF THE KEYCALORIE SERVICES.

 

Both the different ALLIES suppliers and KEYCALORIE have an initial and determined area of action, which can be progressively expanded. The demand for our services may alter the offer of the WEB page at any time in order to provide the best possible service. For this reason, you must keep in mind at all times the closing, opening and delivery times of the ALLIES that offer healthy meal plans in collaboration with KEYCALORIE.

 

Regarding the "ONLINE NUTRITIONAL CONSULTATION" service provided by KEYCALORIE, it is done following a strict criterion of being a mere recommendation and without seeking to substitute professional personal attention for those cases in which it is necessary at any time, so in If any pathology is indicated or the data entered show a certain range, KEYCALORIE will not provide its service ensuring the health of the user and will instead recommend attending a professional in person who can help you. This will be solely with the aim of helping the needs of the user always putting forward the highest possible professional criteria.  

 

In the event that KEYCALORIE decides to proceed with the provision of the service, it will recommend at all times to go in person with a professional who can provide the necessary information and treatments.

 

KEYCALORIE is not responsible if at any time the services are not available, be it the entire site or a part of it.  

 

KEYCALORIE reserves the right to disable areas of the site or the entire site without prior notice.

 

KEYCALORIE reserves the right to suspend temporary access to the Platform for technical reasons, for security reasons or for maintenance. It also reserves the right to implement changes and updates on the Web and Platform at the time it deems appropriate without prior notification being necessary.

 

KEYCALORIE reserves the right to change the appointment for telematic care or by video call with a nutrition professional without prior notice as long as there is an organizational reason that leads to this. In that case, KEYCALORIE will offer you immediate solutions to agree on a new date or time to be able to provide the service in question.  

 

You agree that no responsibility will be derived from KEYCALORIE for malfunctioning of the site or for any technical problem that it presents. Nor can KEYCALORIE be held liable for failures in the platforms used to provide the contracted services.  

 

6. OBLIGATION OF LAWFUL USE AND NON-COMMERCIALIZATION.

 

It will only be possible to use the services of KEYCALORIE for lawful purposes, so it cannot be used if such conduct violates local, national, international laws or regulations.

 

In the same way, you agree not to enter, access, interfere, damage, disturb or do any behavior similar to our site or services, deriving the corresponding responsibility and legal actions that the Law provides us to proceed.

 

Likewise, you will not be able to make use of the information contained in the site or of any functionality for its subsequent commercialization without the prior and express authorization of KEYCALORIE. In case of doing so, legal actions derived from said illegal use of the platform or use without consent will be taken.

 

THE MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

Keycalorie reserves the right to modify the "Terms and Conditions of use" of the Platform without express notification to the user. For this reason, the regular consultation by the User of the "Terms and Conditions of Use" is important.  

 

 

7. RULES ON THE CONTENT OF THE SITE.

 

These apply to any material contributed to our WEBSITE and our services provided by the user of the platform. These rules will apply either to the total of the documents or elements provided or to part of them. These contributions must likewise respect at all times the laws and regulations of Spain or of any country in which they are respectively published.

 

In the same way, they will apply outside of KEYCALORIE's own platforms, that is, in those third-party platforms that facilitate the provision of services in such a way that said relationships derived from the provision of services by KEYCALORIE will be included within the CONTENT OF THE SITE.  

 

The content provided to the site may not be defamatory of people, obscene, offensive, provocative, sexually explicit material, that which encourages violence or discrimination, or denotes hate.

 

You may not infringe copyright of any kind.

 

You will not be able to seek to deceive people.

 

It may not be carried out in breach of previous obligations as well as they may not promote any illegal activity.

 

It may not be threatening, or abuse the private space of other people, nor may it provoke, harass, annoy, make any person uncomfortable.

 

It cannot be used to falsify an identity or impersonate another person.

 

That has any illicit computer content or of any kind.

 

 

8. CONSEQUENCES OF BREACH OF CONTENT AND LAWFUL USE.

 

Any breach of the two previous sections, 6 ON LAWFUL USE AND NON-COMMERCIALIZATION, and 7 ON SITE CONTENT RULES, will be considered a SERIOUS breach of these "Terms and Conditions of Use" which will immediately enable adoption of the following measures or any of them:

 

Immediate withdrawal of the right to use our services and our WEB.

 

Removal of the materials associated with the infringements or any other publication uploaded by you to the site.

 

Warning post about their behavior.

 

Initiation of legal actions to compensate the damages that you produce.

 

Inform the relevant authorities about the actions by providing the information we have.

 

 

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF KEYCALORIE.

 

 

The User accepts and acknowledges that all rights, titles and interests related to the Web Platform, content and applications in their different versions and presentations  including modifications and updates, as well as any name, brand, fundamental knowledge, copyright, domain names and any other industrial and intellectual property rights inherent to the Platform and even those contents in any format that are provided through third-party platforms but they are part of KEYCALORIE's own service and product, they are the exclusive property of Keycalorie Nutrition SL or, failing that, they are used by Keycalorie with the due authorization and licenses of the holders of said rights and titles. In this way, the user does not acquire under any circumstances any intellectual or industrial property rights by simply using the Keycalorie website and platforms with their respective functionalities. At no time may the use be considered as an authorization or license to use the platform for purposes other than those contemplated in the Terms and Conditions of Use.  

 

For this reason, the total or partial reproduction, transformation, modification, distribution, public communication or any other form of exploitation on the web page and its contents, as well as the structural elements (code, programming, design, distribution, appearance) are prohibited. of the platform. The User also accepts and knows that it is forbidden to decompose and perform reverse engineering actions or works derived from the software and the programming of the page and platforms and their services.  

 

Regarding the HEALTHY EATING PLANS offered by the WEB and KEYCALORRIE after completing the ONLINE NUTRITIONAL CONSULTATION, they are the property of KEYCALORIE, so any reproduction, commercialization or action carried out by the user taking them out of the platform, will have derivative actions that the law enables you to  KEYCALORIE to compensate the damage. In any case, prior authorization from KEYCALORIE of its use outside the platform or of the own and personal purposes of each user of the plan will be necessary.  

 

Derived from the breach of any provision, Keycalorie Nutrition SL will be empowered to exercise the legal actions contemplated in Spanish law for the effective protection of their rights, titles and interests, as well as the possibility of claiming the damages that may proceed.  

 

 

10. OUTGOING LINKS FROM THE KEYCALORIE WEBSITE.

 

KEYCALORIE uses links on its WEB to different pages of ALLIES, providers, services, recommendations, blogs, among others. These links are provided for informational purposes only. KEYCALORIE does not have any control over them, nor the contents on the different WEBSITES, nor the resources. For this reason, KEYCALORIE does NOT assume any responsibility for them or for any loss or damage that may arise as a result of their use.

 

 

11. LIABILITY OF KEYCALORIE AND LIMITS.

 

In any case, the User accepts that KEYCALORIE may carry out certain actions as well as make decisions to prevent the User from accessing the Platform at certain times for limited periods.

 

KEYCALORIE does not guarantee that certain results will be obtained after using the Platform. Therefore, under no reason, KEYCALORIE, its representatives, directors, employees will be responsible for any damage, incidental, special fortuitous, consequence, including loss of profits, data or business opportunities, software errors even when they are foreseeable or unforeseeable. and direct or indirect relationship with the use of the Platform owned by KEYCALORIE or any of the auxiliary platforms that are used to provide the services.  

 

KEYCALORIE is not responsible for the contents of any type, products and services that can be accessed through links or electronic links directly or indirectly, through the platform. KEYCALORIE is not responsible for those brand websites that may collaborate with KEYCALORIE. The additional links that may be included on the KEYCALORIE website do not represent any relationship between the Company.  and legal or natural persons  owners of said websites related to said links, so it does not imply a suggestion, invitation or recommendation about those websites and their contents.  

 

KEYCALORIE is not responsible for the damages or losses that the User may suffer as a result of the inappropriate use of the Platform, if such as those that arise from the breach of the Terms and Conditions of the web.

 

KEYCALORIE is not responsible for any damage or loss that occurs using the platforms of third parties that intervene in providing the channels to provide the different services of KEYCALORIE.  

 

KEYCALORIE recalls that its function is merely informative, that in no case does it seek to be a substitute for assistance with face-to-face professional services, therefore it is excluded from any liability derived from its use.

 

To the extent permitted by Law, KEYCALORIE excludes ALL liability (contractual, negligence, or otherwise) for loss or damage that you or any third party may suffer from the use of our site, service, or any WEB site linked to our Site and materials. published in it.

 

KEYCALORIE is not responsible for omissions, errors and failures related to the operation of the site. In any case, KEYCALORIE will constantly try to improve its services by incorporating solutions to problems.  

 

 

12. USE OF COOKIES

 

KEYCALORIE collects data about you as a result of using our service. You can find more information about this in our privacy and data protection policy as well as in our cookie policy, which you can access easily, simply and at any time from our website.  

 

13. MATERIALS UPLOADED TO OUR WEBSITE.

 

Any material that you upload or upload on our WEB and services will be considered non-confidential and non-private, recognizing the right to use, copy, distribute, sell, and disclose it to third parties as long as they are purposes linked to the economic activity that we carry out. Because said material is protected by Intellectual Property, by accepting these Terms and Conditions of Use you grant us a perpetual license for all territories and free of charge, for its use, copy, modification, distribution, sale, disclosure, of said materials or information for purposes related to our activity.

 

Within this clause the PERSONAL DATA is not understood in any way, which will enjoy all the legal and regulatory protection as well as its own that KEYCALORIE can provide to users. More reference to these can be found by the user in our Privacy Policy and Data Protection section on our WEB.  

 

14. CHANGES AND VARIATIONS TO THESE TERMS.

 

We are constantly incorporating new features on our WEB and new modifications that lead to the constant review of the Terms and Conditions of Use of our services. We recommend that you regularly check this page for changes.

 

KEYCALORIE reserves the right to incorporate changes in these terms and conditions of use to facilitate the provision of the different services as well as the application of the different regulations that are approved and come into force.  

 

The changes and variations of the terms will operate automatically from the moment of entry into operation or application, being immediately binding on the parties.

 

If at any time, due to changes in these Terms and Conditions, any of your rights related to our service are affected, you will be notified.

 

In accordance with European regulations, we provide you with this link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES  through which you can access the online dispute resolution portal of the European Union only in compliance with the obligation that KEYCALORIE has.

 

 

15. PRIVACY AND DATA PROTECTION POLICY.

 

By accepting these Terms and Conditions of Use, the user acknowledges and agrees to have read and understood our Privacy Policy and Cookies Policy, as well as our Data Protection Policy in accordance with current legislation and its application.  

 

On Personal Data: When the user visits the web, it does not mean that he is obliged to provide information about himself. When the User provides personal data in order to proceed to offer the services provided by Keycalorie, they will be collected for the purpose, forms and rights contemplated in Regulation ((EU) 2016/679)) as well as Organic Law 3/2018 of December 5, Protection of Personal Data and guarantee of Digital Rights.

 

To be able to comply with the purposes related to meeting the requests of users and to be able to keep you informed by different means (electronic, for example), about products and services including third parties. 

Regarding age: The user declares that he is of legal age (over 18 years old) and has the necessary legal capacity to contract with Keycalorie the products and services offered on the web, also stating that he accepts the link to this agreement, declaring that he understands and accepts all of the present provisions

 

In the case of underage users, an authorization from parents or guardians is required in any case to be able to contract products through the web, by providing the documents (with an email attaching a duly signed authorization, with the respective photocopy of the National Identity Document (also valid a passport)).

 

16. OTHER TERMS AND BREACH.

 

Both you and KEYCALORIE have the right to enforce these "TERMS AND CONDITIONS OF USE", which will not be lost even if it is delayed in its exercise or waived.

 

If at any time a Court or competent and legitimate authority determines that any point of these terms is not correct or in accordance with the Law, the rest of those present will not be affected, remaining in force.

 

If the User breaches any of these provisions, Keycalorie may terminate or suspend, at the appropriate time, unilaterally and without prior notice, the provision of service to the user without the right to compensation to the user for these reasons.  

 

17. APPLICABLE LAW AND JURISDICTION

 

Our website and its relationship with users will be governed by Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, by the Commercial Code and other applicable Spanish and European legislation. 

Access and use of our system and platform, including services and content, are subject to current legislation and regulation in conjunction with these "Terms and Conditions of Use".  Spanish law will govern the relations between KEYCALORIE and you at all times.

 

In the event of any discrepancy, the parties submit to the jurisdiction of the Courts of Madrid. If Spanish legislation has another competent court for the protection of the user, it will naturally be resorted to.

 

18. PROBLEMS AND CONTACT

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If you have any problem, please contact users@keycalorie.com         

Keycalorie Nutrition SL

NIF: B88298575

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19. ADDITIONAL PROVISIONS ON THE ACTIVITY OF KEYCALORIE - NUTRITIONAL RECOMMENDATIONS AND RECOMMENDED MEAL PLANS

 

In these additional applicable provisions together with the rest of the clauses of the "Keycalorie Terms and Conditions of Service" the exclusion of Keycalorie liability derived from users and their Allies (restaurants and health food agencies and tuppers) is reiterated. ) for the use of the Keycalorie WEBSITE.

 

It is important to understand that the service provided is not a replacement for Consultations with specialized nutritionists in person, so for those cases in which the algorithm perceives that, according to the data provided in the form, the user is in a determined range, it will be recommended that you attend a specialized nutritionist in person. This especially for those cases in which users have a specific pathology that it is advisable to go to a specialized doctor. The same applies to general users, being a nutritional recommendation that is provided by the WEB, quite accurate, since it has been prepared by specialized nutritionists, both diets, how to take key metrics and others, but not replacing no way nutritional recommendations.

 

The services that can be contracted on the WEB, have continuous review and improvement, as well as how nutritionists participate in the process, who provide recommendations and contributions that allow us to improve the product and services that we offer to users on our WEB.  

 

In the area of articles (blog) on nutrition on the WEB, Keycalorie gives general recommendations to users, which are neither binding nor guarantee any results, as well as the personalized nutritional plans recommended after doing the nutritional analysis.

 

Regarding the health conditions suffered by each user, Keycalorie trusts the information provided by the user, and without involving any type of discrimination if not merely within the responsibility of Keycalorie with a single nutritional point of view focused on give recommendations so that users can achieve their objectives in the most efficient way possible, Keycalorie reserves the right to give access to certain functionalities of the WEB and services for users that, according to the information provided, it is considered that orientation is essential face-to-face professional before any other recommendation. In the same way, Keycalorie will only provide its nutritional recommendation services to people who claim to be of legal age.

 

Keycalorie does not guarantee that any of its advice or recommended personalized meal plans will achieve its objective, since they require commitment from users, as there are many variables that are beyond the control of Keycalorie that they will be able to determine. or not, the success of the recommendations given. Despite this, Keycalorie recalls that they have been prepared following the highest quality standards and in constant collaboration with professional nutritionists to offer products and advice of the highest quality.

 

The products that Keycalorie recommends will always prioritize nutritional criteria and then, in accordance with Keycalorie's collaborations with other brands or companies. In any case, it will always be the criteria of the end user that prevails when it comes to following these considerations or not, so Keycalorie will not have any responsibility if the user decides to use or feed himself with one or another specific product. In the end, the platform provides a general service, so that the preferences of the users and the effects that they know that certain products have on their health, escape from any assessment that Keycalorie can make, for which Keycalorie cannot be responsible under no concept.

 

Keycalorie is a WEBSITE where the actions of the user will be decisive for issuing one or another assessment, so that at all times, it is in full use of its capabilities, it will decide how to continue and proceed within the WEBSITE itself.  and how to incorporate the recommendations given by Keycalorie into your nutrition or lifestyle, since you are not obliged under any circumstances to do or stop doing a certain action.

 

The measurements made by Keycalorie and its services provided by the WEB, are never intended to replace a face-to-face personal nutritional consultation with a nutritionist or a doctor or health professional directly. Our functionalities are not intended for medical use either, it is always advisable to maintain contact with professionals in person.  

 

The objective of Keycalorie and its functionalities are designed and should only be used to take care of general well-being, general nutrition and thus physical fitness and lifestyle through correct nutrition.

 

Similarly, information that is not provided well due to the limited scope of the platform, such as omissions of some kind not valued in its development,  that escape from Keycalorie's considerations, it will be the user himself who must assess said information, without Keycalorie having any responsibility for it.

 

20. ABOUT THE PAYMENT METHODS ON THE KEYCALORIE PAGE

 

Keycalorie uses a third-party platform to charge for purchases made by users on the Keycalorie WEBSITE.

 

twenty-one.  ON THE RETURNS OF THE CONTRACTED SERVICES

 

In accordance with the current regulation on the Rights of Consumers and Users, especially Royal Decree 1/2007, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users, the different rights of the Keycalorie users.  

 

Regarding returns and withdrawal rights for remote contracting not carried out in the commercial establishment, a full refund of the amount paid by the user will be recognized as long as it is within 14 days following the contracting as and how it is regulated in RD 1/2007.  

 

Regarding the previous right of return, it will be applicable only and when it has not yet been concluded  the nutritional consultation. At the time this is done, the full refund of the amount can no longer be requested. In any case, a PROPORTIONAL amount may be requested to be returned to the paid service, of which the major expenses are the management of the contracting process and the choice of a day for the telematic consultation as well as the nutritional consultation itself. This is indicated for the refund of the amount proportional to the service provided. The price of the service is contemplated with the amount corresponding to the document that is delivered to the user, so once it is delivered and for the value of information that is assumed, it represents the total of the provision of the service, so once The user will not be able to request a refund since it will be understood that the service has been used and consumed, without being able to return the service received to Keycalorie and therefore the Right of Return will not be possible to exercise in accordance with legal regulations.  

 

The case in which the full refund will fit will be as long as the telematic consultation has not yet been held, being within the deadline for the corresponding return.  

 

 

THE USER AGREES TO READ AND UNDERSTAND THE PRESENT TERMS AND CONDITIONS OF THE KEYCALORIE SERVICE IN THEIR ENTIRETY FROM THE MOMENT IT BEGINS  TO MAKE USE OF THE VARIOUS FUNCTIONALITIES OF THE WEB, AND ESPECIALLY, USE OF NUTRITIONAL ANALYSIS.  

 

LAST UPDATED: March 15, 2021

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