INTRODUCTION
Welcome to TheOptimal.me (hereinafter the “Website”), a website operated by FireFinch Ltd offering educational information on health, fitness and nutrition.
These are the Terms and Conditions of Use (hereinafter the “Terms and Conditions”) of the Website, which govern your access to and use of the Website, services offered on the Website, any applications and tools developed to operate the Website or to stand alongside the Website.
Reference to “Terms and Conditions” include the terms and conditions set out below and in the Privacy Policy, both of which may be amended from time to time.
Your relationship with the Website and FireFinch will also be governed by any other policies posted on the Website from time to time.
These Terms and Conditions represent an agreement concluded between you and FireFinch which regulates your use of the Website and any services, applications and/or tools offered on the Website. By accessing the Website, you agree to be bound by this agreement as well as any other policies contained on the Website. If you do not wish to be bound by this agreement, you may not access, display, use, download, copy and/or distribute any content contained on the Website and may not use any of the services offered on the Website.
FireFinch reserves the right to amend, modify, add to or remove portions of the Terms and Conditions at any time. Any changes will be effective when posted on the Website with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Website following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below as well as in the Privacy Policy and any other policies listed on the Website diligently prior to using the Website as your use of the Website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. Any questions should be addressed to Help@TheOptimal.me.
These Terms and Conditions fully governs the use of this website.
By using the Website, you confirm that you are at least 18 years of age or are accessing the Website under the supervision of a parent or legal guardian.
You agree that this Website may only be used in accordance with these Terms and Conditions. If you do not agree with the Terms and Conditions or do not wish to be bound by them, you agree to refrain from using the Website.
The entity you are contracting with is FireFinch Ltd, a private company limited by shares, duly incorporated under the laws of the Republic of Mauritius, bearing Company Number C134584, and having its registered office at 6th Floor, Dias Pier Building Le Caudan Waterfront, Caudan, Port Louis, Mauritius.
In these Terms and Conditions, FireFinch Ltd is individually or collectively referred to as “FireFinch”, “we”, “us”, or “our”. We operate the website with the URL www.TheOptimal.me
1. PRIVACY
Please ensure that you read our Privacy Policy which also governs your use of the Website, to understand our practices in relation thereto.
2. ELECTRONIC COMMUNICATIONS
When you use our Website or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically via e-mail or communication on the Website. For contractual purposes, you consent to receive communication from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights as referred to in these Terms and Conditions means all the rights in and to intellectual property, including, but not limited to, computer code, methodology, trademarks, service marks, trade names, domain names, logos, get up, know-how, utility models, text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations.
FireFinch holds all of the intellectual property rights in and to the Website and the services offered by it together with all the content appearing on the Website. All intellectual property rights are strictly reserved by FireFinch and nothing in this agreement shall be interpreted to connote any assignment of such rights to you. You may not in any way use, extract or copy the content or intellectual property without the express written consent of FireFinch. Nothing in this agreement shall be interpreted to connote any assignment of such rights to you.
In connection with using or accessing our Website you agree that you will not:
- infringe the intellectual property rights that belong to or are licensed to us. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to FireFinch or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialise any of our information, except with the prior express written permission of FireFinch; or
- use any of our intellectual property for any other purpose other than for informative use.
You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. You may not distribute any materials and/or information to any other third party.
The name "TheOptimal.me" and/or other marks, logos, designs, and phrases that we use in connection with our website are trademarks, service marks, or trade dress of FireFinch. They may not be used without the prior express written permission of FireFinch.
4. DISCLAIMER
TheOptimal.me offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form, nor do we prescribe the use of any technique as a replacement form of treatment for physical, mental or medical problems.
Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the contents provided on the Website. We encourage you to seek appropriate medical advice or assistance before embarking on any use of our services.
You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, and the services therein, is at your sole risk.
5. LICENSE AND ACCESS
We may offer catalogues/ listings including, for example, product images, descriptions and specifications that are provided by third parties. The catalogue may include copyrighted, trademarked or other proprietary materials belonging to either FireFinch or such third party. You agree not to remove any copyrighted, proprietary, or identification markings included within the catalogues and not to create any derivative works based on catalogue content.
While we try to offer reliable data, we cannot promise that the catalogues or other content provided by third parties through the Website will always be available, accurate, complete, and up-to-date.
As a subscriber, you agree that FireFinch is not responsible for examining or warranting the content provided by third parties and that you will not attempt to hold us liable for any inaccuracies in relation thereto. For the sake of clarity, FireFinch accepts no responsibility or liability whatsoever for any such inaccuracy or mis-description.
6. YOUR REGISTERED ACCOUNT
If you use any of our services on the Website (other than browsing the website), you shall be obligated to create an account and are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are true, accurate and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided to us, including your account settings, on the Website.
You must not use any of our services: (i) in any way that cause, or is likely to cause, any of our services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to suspend or to terminate your account /subscription or remove any of your content if you are suspected of having misused our website or if you are suspected to be in breach of applicable laws, these Terms and Conditions of Use, guidelines or policies in place. FireFinch has absolute discretion to do this and its decision shall be final and binding.
7. CONDITIONS OF SUBSCRIPTION
- Your TheOptimal.me subscription will automatically renew upon the expiration of the initial subscription period for successive periods of the same duration as the initial subscription period unless and until you cancel your subscription as provided in these terms and conditions.
- Creating an account on TheOptimal.me requires you to select and complete a payment method that will be automatically billed after the free trial. You can cancel at any time during the free trial to avoid being billed after the free trial has lapsed.
- Your right to use our services is conditional upon our receiving payment of our subscription fees. If payment cannot be charged to your credit / debit card or processed on your Paypal account or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees.
- All payments on our website will be effected using Stripe.com and Paypal Payment Gateway. We will not hold and store any of your debit/credit card information, which will be solely kept and managed by Stripe.com or PayPal Payment Gateway. Once you place your order and you are ready to pay, you will be required to complete the card transaction form or be redirected to PayPal’s secured payment page to make your payment. Both Stripe.com and PayPal are compliant with Payment Card Industry Data Security Standard (PCIDSS) and the applicable provisions of the Data Protection Act 2017 and the European Union (“EU”) General Data Protection Regulations.
- Your debit/credit card shall be automatically debited with the full amount of your subscription on the same day of every month or the same day and month of each successive year, based on your initial payment date and subscription. You will receive an automated email confirmation of your subscription after the payment is cleared.
- Once payment is made, cancelled subscriptions are not refundable, nor are there credits for partially used periods. Cancellations on an annual subscription will cancel the recurring payment when due. Cancellation of a monthly subscription needs to be effected 14 days before payment is due to ensure payment is not processed.
8. OTHER BUSINESSES
We may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, service and content of all of these or any other third parties. You can let us know when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their own privacy statements and terms and conditions of use as we cannot guarantee how they will deal with your private information and we cannot guarantee that they will maintain such information private. We accept no responsibility or liability in this regard.
9. OUR LIABILITY
We will do our utmost to ensure that our Website is available in an uninterrupted manner and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to our website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using our Website or the services offered therein.
We will not be held responsible for any delay or failure to comply with our obligations under the Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have the services provided within a reasonable time or to receive a refund if the services cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
Nothing in these Terms and Conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
10. INDEMNIFICATION
You agree to indemnify us, our officers, directors, agents and/or employees, as the case may be, free from any claim or demand made by a third party, which indemnity shall include but not be limited to the reasonable fees of any law practitioner, any costs award or similar fees incurred related to your breach of these Terms and Conditions.
11. DELIVERY OF DATA
Any person that delivers or intends to deliver any damaging code or other such material to the Website, or attempts to gain unauthorised right of entry or use to any page on the Website, may be prosecuted and civil damages may be claimed in the event that FireFinch suffers any damage or loss. You agree not to attempt to gain access to our server by any means whatsoever or to disrupt or interfere with the running of the Website, including its software, or other parties’ use of the Website, in any way whatsoever.
12. DATA PROTECTION
We hereby undertake that we shall abide by all applicable provisions of the Data Protection Act 2017 and the European Union (“EU”) General Data Protection Regulations (“GDPR”) when handling your personal information for the purposes of the website. All users of the website are also required to abide by all the applicable provisions of the Data Protection Act 2017 and the EU GDPR.
13. WARRANTIES
You warrant that all information you provide us including personal information as required when using the Website is accurate and up to date. Further, you warrant that you will inform us if your personal information changes and you indemnify us against any liability we may incur by your failure to do so.
You warrant that you shall at all times abide by these Terms and Conditions and acknowledge that any breach of these Terms and Conditions and/or warranties contained herein may cause us to suffer harm and/or damages for which you will be liable.
Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in these Terms and Conditions.
14. APPLICABLE LAW
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Mauritius. In case of dispute arising out of the application, interpretation or enforceability of these Terms and Conditions, we both agree to submit to the exclusive jurisdiction of the courts of the Republic of Mauritius, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in the Republic of Mauritius only.
15. ALTERATIONS OR AMENDMENTS TO THE TERMS AND CONDITIONS
The Terms and Conditions constitute the sole record of the agreement between the parties. All the terms and conditions relating to your use of the Website are contained herein and in the Privacy Policy. We reserve the right to make changes to any of our services, policies, and the Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you access our website and/or use the services offered therein.
If any of these Terms and Conditions are deemed to be invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. WAIVER
If you breach these Terms and Conditions and we take no action, this will not be considered a waiver of our rights to take any action we deem appropriate should there be any further breach whatsoever of these Terms and Condition and we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
17. ADDRESS AND NOTICES
The contact particulars of FireFinch are given below:
The Manager
Address: 6th Floor, Dias Pier Building, Le Caudan Waterfront, Caudan, Port Louis 11307, Mauritius
Tel: +230 405 4000
Email: info@fire-finch.com
Should you have any complaints or delivery of notices for all purposes under our Terms and Conditions, please submit the same on the above-mentioned email id for our attention. A formal letter will also have to be sent to our registered office by registered post in view of any pending or contemplated legal proceedings.