Terms & conditions

These Terms & Conditions govern: 

• the use of this Application, and,
• any other related Agreement or legal relationship with the Owner legally binding. Words beginning with a capital letter are defined in the relevant sections of this document.

The User must read this document carefully.

The following entity provides this Application:

Turba SAS, 10 rue de Penthièvre, 75008 Paris (France)

Owner contact email: support@fodmapedia.com  

“This Application” refers to:

•                 this website, including its subdomains and any other website through which the Owner makes its Service available;
•                 applications for laptops, tablets, and other smart device systems;

The Basics of What Users Need to Know at a Glance

* This Application uses automatic renewal for Product subscriptions. More information regarding a) renewal period, b) termination details can be found without the corresponding section of these Terms and Conditions.

•                 The right of withdrawal only applies to European Consumers.
•                 Please note that certain provisions of these General Conditions may only apply to certain categories of Users. In particular, some of the provisions may only apply to Consumers or to Users who are not qualified as Consumers. Such limits are always expressly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

TERMS AND CONDITIONS

Unless otherwise specified, the terms of use detailed in this section generally apply while using this Application.

Unique or additional terms of use may apply to particular contexts and are therefore indicated additionally within this document.

By using this Application, Users agree to comply with the following conditions:

•                 There are no restrictions for Users in terms of their status as Consumer or Professional Users.

Create an account

In order to use the Service, Users must register or create a User account by providing all the necessary data or information in a complete and honest manner.

If Users do not do so, the Service will be unavailable.

Users are required to keep their login details confidential and to guarantee their security. This is the reason why Users are also required to choose passwords that meet the highest standards of resistance permitted by this Application.

By registering, Users acknowledge that they are fully responsible for all activities that take place under their username and password. Users are required to inform the Owner immediately and unequivocally, using the contact details provided in this document, if they are correct in believing that their personal information, and in particular user accounts, access permissions or personal data, has been violated, improperly disclosed or stolen.

Closing the account

Users can close their account and stop using the Service at any time by:

•                 Using the tools provided for closing an account on this Application.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or terminate at any time and without notice, any User accounts deemed inappropriate, in breach or in violation of these Terms and Conditions.

The suspension or deletion of User accounts will not allow Users to make claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless otherwise specified or clearly identifiable, all content accessible on this Application belongs to , or is presented by, the Owner or its licensors .

The Owner strives to ensure that the content presented on this Application does not infringe any legal provision in force or any third party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to Users’ legal prerogatives to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.

Rights regarding content on this Application

The Owner owns and reserves all intellectual property rights for this content.

Therefore, Users may not use this content in a manner that is not necessary or implied in the proper use of the Service.

Particularly, but not limited to, Users may not copy, upload, share (beyond the limits advanced below), modify, translate, transform, publish, transmit, sell, sublicense, modify, transfer / assign to third parties or create derivative work of the content accessible on this Application, or allow any third party to do so through the User or their device, even without the User being aware of it.

Where expressly indicated on this Application, the User may download, copy and / or share content accessible on this Application, for personal and non-commercial use only and provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation, or exception to copyright will remain intact.

Access to external resources

Through this Application Users can have access to external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore will not be responsible for the content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any grant of rights in the content result from the General Conditions of all third parties or, in their absence from the applicable statutory law.

Acceptable use

This Application and the Service may only be used for the purposes for which they were provided, under these Terms and Conditions and Applicable Law.

Users will be solely responsible for ensuring that their use of this Application and / or the Service does not violate any applicable law, regulation or rights of third parties.

This is why the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to refuse the User’s access to this Application or the Service, to terminate contracts, to report any fault. committed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – when Users are suspected of violating any law, any regulations or rights of third parties and / or these General Conditions, including but not limited to limit to engaging in the following activities:

Behaviour restrictions

•                 pretend to meet all the conditions or possible requirements to access this Application and / or use the Services, such as for example being an adult within the meaning of the law or qualified as Consumer;
•                 hide their identity or steal the identity of another, or pretend to be or represent a third party, if this is not permitted by the third party;
•                 manipulate identifiers to disguise or otherwise hide the origin of messages or posted content;
•                 defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way;
•                 promote an activity that may endanger the life of the User or the life of any other person or that may cause physical injury. This includes but is not limited to suicidal threats or incitement, intentional physical trauma, illicit drug use, or excessive alcohol consumption. In no case is a User allowed to post any content promoting and / or encouraging and / or showing self-destructive or violent behavior on this Application;
•                 probe, scan, or test for vulnerabilities in this Application including the services or any network connected to the Website, or to violate the security or authentication measures on this Application, including the services or any network connected to this Application;
•                 install, integrate, download or otherwise embed any malware in or through this Application;
  * use this Application or the technical infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: to spam);
•                 attempt to disrupt or tamper with the technical infrastructure in a way that harms or places undue weight on this Application or the Service;

•                 claim to purchase any Product offered through this Application without any real intention of doing so;
•                 be in default of payment for the Products purchased;

Excessive use of the Service

•                 use a resource of this Application exclusively in relation to other Users of this Application – in such cases, the Owner reserves the right, at its sole discretion, to suspend the User’s account or to limit the associated activity until ” that the User reduces this excessive consumption;

Scraping

•                 adopt any automated procedure, collect or scrape information, data and / or content from this Application and all digital specificities related to it, unless explicitly permitted by the Owner;

Content restrictions

•                 disseminate or post any illegal, obscene, illegitimate, defamatory or inappropriate content;
•                 publish any content that promotes, either directly or indirectly, hatred, racism, discrimination, pornography, violence;
•                 disseminate or publish any content that is false or unjustifiably alarming;
•                 use this Application to publish, distribute or otherwise provide content that is protected by intellectual property law, including but not limited to patents, trademarks, or copyrights, unlawfully and without the legitimate consent of the holder of the right ;
•                 use this Application to post, distribute or otherwise provide any other content that infringes the rights of third parties, including but not limited to those of the state , the military, trade or professional secrets and personal data;
•                 post any content or engage in any activity that disrupts, interrupts, damages, or otherwise violates the integrity of this Application or any other User experience or devices. These activities include: spamming, distributing unauthorized advertising, phishing, defrauding others, spreading malware or viruses etc ;

Nature of usage

This Application is restricted to a personal use only, no professional use is tolerated, with the only exception of dietitians or other medical professionals who can use this Application during their consultations with their patients.

Nobody should use this Application to query a large part of the database and/or load a large number of pages to make a copy of its content on a different support.

If you wish to use this Application on other terms, please contact us to know our dedicated solutions.

Restrictions on commercial use

•                 register or use this Application in order to promote, sell or advertise in any way products or services of any kind;
  * indicate or attempt to imply in any way , that the User is in a qualified relationship with this Application or that this Application has approved the User, the products or services of the User or the products or services of third parties for any purpose;

To unsubscribe / cancel your subscription

You can do so at any moment by clicking on the “Cancel my subscription” link at the bottom of the “My account” page (you need to be logged in).

Website content and responsibilities

The information given on this Application is purely indicative, is non-exhaustive and subject to change. It is given subject to modifications that have been made since it was put online.

The Application editor makes every effort to provide information that is as accurate as possible. However, it may not be held liable for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by third party partners who provide it with this information.

The responsibility of the Application editor cannot be sought or engaged because of the content of the site.

We do our best to moderate the published content, but we disclaim all responsibility. We do not have a duty to advise, it is your responsibility to use your own judgement and make your own choices about your diet and your health in the broadest sense.

Requirement to obtain professional medical advice

All content on this Application is for informational purposes only and does not substitute advice provided by a healthcare professional.

You should always speak with your physician or other healthcare professional if you have a health concern, before adopting any treatment or any new fitness or dietary regime or using any of our Services, in particular if you have pre-existing medical conditions or are in poor health.

You should not disregard, avoid, or delay obtaining medical advice from a qualified health care provider because of something you have read on our Application.

Nutritional information

Nutritional information provided on our Application or in conjunction with our Services is based on research of current, peer-reviewed scientific literature. Before relying on any nutritional information on our Application or obtained through our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and obtain appropriate expert advice relevant to your circumstances where necessary. We do not give any guarantee that the information is free from error or suitable for your purposes.

Nutrition data published on our Site or through our Services may vary due to brand or batch differences. Some data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, based on similar foods, or calculated using a recipe approach.

Software license

All industrial or intellectual property rights, and any other exclusive right to software or applications incorporated in or linked to this Application are held by the Owner and / or its licensors .

Subject to the User’s compliance with and despite all the divergent clauses of these conditions, the Owner simply transmits a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and / or any other technical means incorporated into the Service within the framework and for the purposes of this Application and the Service offered.

The license does not give Users a right of access, or of use or disclosure of the original source code. All techniques, algorithms and procedures contained in the software and any related documentation are the property of the Owner or the licensor alone.

All rights and licenses offered to Users shall immediately terminate upon termination of the Agreement.

TERMS OF SALES

Paid products

Certain Products provided on this Application, constituting part of the Service, are chargeable.

The charges, duration and conditions applicable to the purchase of such Products are described below and in the relevant sections of this Application.

Product description

The prices, descriptions or availability of the Products are described in the respective parts of this Application and are subject to change without notice.

Although the Products on this Application are presented with the greatest possible technical precision, representations on this Application by any means (including, as the case may be, graphic elements, images, colors, sounds) are only given ‘for information only and do not imply any guarantee as to the characteristics of the Product purchased.

The characteristics of the chosen Product will be described during the purchase process.

Purchase procedure

Any step from choosing the Product to placing the order is part of the purchasing process.

The purchasing process includes these steps:

•                 Users must choose the desired Product and verify their purchase selection.
•                 After reviewing the information presented in the purchase selection, Users can place an order by submitting it.

Placing an order

When the User places an order, the following applies:

•                 The placing of an order determines the conclusion of a contract and creates for this the obligation for the User to pay the price, taxes and possible costs and expenses, as specified in the order page.
•                 When the purchased Product requires the active participation of the User, such as the provision of information or personal data, clarifications or wishes, the order submission creates an obligation for the User to cooperate accordingly.
•                 Upon submission of the order, Users may receive a receipt confirming that the order has been received.

All notifications related to the described purchase process will be sent to the email address provided by the User for this reason.

Price

Users are informed during the purchase process and before submitting the order, of all costs and prices (including, if present, delivery costs) for which they will be charged.

The Prices are presented on this Application:

•                 either excluding or including all applicable fees, taxes and prices, depending on the Browsing User;

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any offer or discount will always be subject to the eligibility criteria and the General Conditions set out in the relevant section of this Application.

Offers and discounts are always given at the sole discretion of the Owner.

Repeated or recurring offers or discounts do not create a claim or claim that Users could apply in the future.

Depending on the case, offers and discounts may be valid for a limited period of time, only as long as the stock lasts. If an offer or discount is limited in time, the time indications refer to a time zone of the Owner, as indicated in the location details, unless otherwise specified .

Coupons

Offers or discounts may be based on Coupons.

If a breach occurs to the applicable Coupons, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserve the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or deviating rules applying to the use of the Coupon set out in the relevant information page or on the Coupon itself will always prevail.

Unless otherwise indicated, the following rules apply to the use of Coupons:

•                 Each Coupon is only valid when used in the manner and within the time frame specified on the Website and / or Coupon;
•                 A Coupon can only be applied in its entirety at the time of purchase – partial use will not be permitted;
•                 Unless otherwise specified, single-use coupons can only be used once per purchase and thus may only be redeemed once even in cases involving installment purchases;
•                 A Coupon cannot be used cumulatively;
•                 The Coupon must be used exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, preventing any possibility for the User to assert the relevant rights, including withdrawal;
•                 The User is not entitled to any credit / refund / compensation if there is a difference between the value of the Coupon and the value redeemed;
•                 Coupon is intended for non-commercial use only. Any reproduction, counterfeiting and trading of the Coupon is strictly prohibited, as well as any illegal activity related to the purchase and / or use of the Coupon.

Payment methods

Information related to accepted payment methods is made accessible during the purchase process.

Some payment methods may only be available on additional conditions or charges. In such cases the information connected to it can be found in the dedicated section of this Application.

All payments are processed independently through third party services. Therefore, this Application does not collect payment information – such as credit card details – but only receives notification once payment has been completed.

If payment through the accessible methods fails or is refused by the payment service provider, the Owner will be under no obligation to complete the purchase order. Any price or charge resulting from a failed or refused payment will be borne by the User.

Retention of usage rights

Users do not acquire rights to use the purchased Product until the full purchase price has been received by the Owner.

Delivery

Service performance

The purchased service will be completed or made available within the period of time specified on this Application or as communicated prior to order submission.

Contract length

Subscriptions 

Subscriptions allow Users to receive a product continuously or regularly over a specified period.

Paid subscriptions begin on the day of receipt of payment by the Owner.

In order to maintain their subscriptions, Users must pay the required recurring charges on time. Otherwise, the service could be interrupted.

Limited time subscriptions

Limited-term subscriptions begin on the day of receipt of payment by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchase process.

Once the subscription period expires, the Product will no longer be accessible, unless the User renews the subscription by paying the resulting fees.

Limited time subscriptions cannot be terminated early and will run out when the subscription period expires.

Automatic renewal

Subscriptions are automatically renewed through a payment method that the User chooses during the purchase, unless the User cancels the subscription within the deadlines for termination (one minute before renewal).

The renewed subscription will last for a period equal to that of the original term.

The User will receive a reminder of the next renewal reasonably in advance.

Termination

Subscriptions can be terminated at any time by:

• by using the “Cancel my subscription” feature in the My account section.
• sending a clear and unambiguous notification to the Owner using the contact details provided in this document.

No refund after renewal

Subscription renewals are non-refundable. After a subscription has been renewed, no refunds or credits will be granted for the renewed period, even if the User cancels the subscription after renewal.

Users are encouraged to cancel their subscription prior to the renewal date if they do not wish to continue the service.

Notice of termination

If the termination notice is received by the Owner prior to the renewal of the subscription, the termination will take effect as soon as the current period is completed.

User rights

Right to retract

In accordance with European Union consumer law (Directive 2011/83/EU on consumer rights, as transposed into national legislation), consumers normally benefit from a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to provide any reason and without incurring any costs other than those provided for by law.

However, this right of withdrawal does not apply in the following cases (Article 16 of Directive 2011/83/EU):

• the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and their acknowledgment that they thereby lose their right of withdrawal (Article 16(m));
• the provision of services which have been fully performed before the end of the withdrawal period and where performance has begun with the consumer’s prior express consent and their acknowledgment that they thereby lose their right of withdrawal (Article 16(a)).

By subscribing to and accessing the Fodmapedia services, the User expressly acknowledges and accepts that performance of the contract begins immediately upon payment, and therefore expressly waives their right of withdrawal.

[If applicable: in the case of an offer including an ebook, the User also acknowledges that full access to the digital file is provided immediately after payment, which also results in the waiver of the right of withdrawal.]

The User will nevertheless retain access to the Premium subscription until the end of the contractual period, and will also keep the ebook if purchased.

Liability and indemnity

EU users

Compensation

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, generals, directors, agents, co- markers and employees protected from and against any claim or demand – including but not limited to costs and attorney fees. – made by any third party because of or in connection with any culpable use or connection teeth, Service, violation of these General Conditions, infringement of third party rights or statutory provisions by the User or his affiliates, officers, directors, agents, co – markers, partners and employee as permitted by applicable law.

Limitation of liability for the activities of Users on this Application

Unless otherwise explicitly stated, and without prejudice to the statutory product liability provisions, Users would have no right to claim damages against the Owner (or any legal or natural person acting on their own account).

This does not apply to damage to life, health or physical integrity, damage which results from a breach of an essential contractual obligation such as the obligation strictly necessary to achieve the objective of the contract, and / or intentional or grossly negligent damage, as long as this Application has been properly and correctly used by the User.

Unless the damage was caused intentionally or by gross negligence, or if it affects life, health, or physical integrity, the Owner will be liable only up to the damage typical or foreseeable at the time of the damage. contract has been concluded.

In particular, within the limits mentioned above, the Owner will not be responsible for:

•                 any loss of business opportunities and any other loss, even indirect, which may affect the User (such as but not limited to business losses, loss of income, revenue, profits or savings, loss of relationships contractual or business, loss of reputation or goodwill etc );
•                 damage or loss resulting from interruptions or malfunctions of this Application due to force majeure, unforeseen and unforeseeable events and, always, beyond any control and beyond the control of the Owner, such as, but not limited to breakdowns and interruptions of telephone or power lines, the Internet and / or all means of transmission, inaccessibility of the website, damage, natural disasters of viruses or cyber attacks, interruptions in the delivery of the product , third party services or applications;
•                 any loss that is not the direct consequence of a violation of the General Conditions by the Owner;
•                 any damage, harm or loss caused by viruses or other malware contained in or connected to files accessible for download from the internet or through this Application. Users are responsible for putting in place security measures – such as anti-virus- and firewalls to prevent such infection or attack and to secure backup copies of any data exchanged through or uploaded to this Application.

Notwithstanding the above, the following limitations apply to all Users who are not qualified as Consumers:

In case of liability, the compensation may not exceed the total of the payments that have taken place, that will be or could be received by the Owner of the User based on the contract over a period of 12 months, or the duration of the Okay, if shorter.

Australian Users

Limitation of liability

These Terms do not exclude, limit or modify any warranty, condition, right or remedy available to User under the Competition and Consumer Law 2010 or any similar legislation of a State or of a territory, and which cannot be excluded, limited or modified (right which cannot be excluded). To the extent permitted by law, our liability to User, including liability for breach of a non- excludable right and liability not excluded from these Terms of Service, is limited, as Owner deems it appropriate, to perform the services again or to pay the costs to obtain these services again.

US Users

Disclaimer of warranty

This Application is provided strictly “as is” and “as available”. The use of the Service is the responsibility of the User. To the extent permitted by applicable law, the Owner expressly excludes all conditions, representations and warranties, express, implied, legal or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or of non-violation of the rights of third parties. No advice or information, whether verbal or written, obtained by User from Owner or through the Service shall create any warranty which is not expressly stated herein.

Notwithstanding the foregoing, the Owner, its subsidiaries, affiliates, licensors , directors, directors, representatives, co- branding partners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet the needs of Users; that the Service will be available at a given time or place, whether it will be provided on a continuous or secure basis; that any defect or error will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the risk and peril of the Users, who are solely responsible for any damage caused to their computer system or mobile device or for the loss of data resulting from such downloading or their use of the Service.

The Owner does not endorse or guarantee any product or service advertised or offered by a third party through the Service or any website or service accessed by a hyperlink and assumes no responsibility for such products and services. In addition, the Owner will not take part in any transaction between Users and third-party suppliers of products or services or in any way monitor such transactions.

The Service may become inaccessible or may not function properly with the Internet browser, mobile device or operating system of Users. The Owner cannot be held responsible for any alleged or actual damages resulting from the content, operation or use of this Service.

Federal law, some states and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The exclusions mentioned above may not apply to Users. This Agreement grants specific legal rights to Users, which may also benefit from other rights which vary from state to state. The disclaimer clauses and exclusions provided for in this Agreement do not apply to the extent prohibited by applicable law.

Limitations of Liability

To the extent permitted by applicable law, the Owner and its subsidiaries, affiliates, directors, directors, representatives, co- branding partners, partners, suppliers and employees cannot be held responsible in any way.

•                 indirect, punitive, consequential, special, incidental or exemplary damages, including but not limited to, damages for loss of profit, loss of goodwill, use, data or other intangible losses arising from the use of the Service or inability to use it; and
•                 damage, loss or prejudice resulting from hacking, falsification or any other unauthorized access or use of the Service or the User’s account or the information contained therein;
•                 errors, mistakes or inaccuracies in content;
•                 injury or material damage, of any kind, resulting from the access or use of the Service by the User;
•                 any unauthorized access to, or use of, the Owner’s secure servers or personal information stored therein;
•                 any interruption or cessation of transmission to or from the Service;
•                 any bug, virus, Trojan horse or other that may be transmitted to or through the Service;
•                 any error or omission of content or any loss or damage suffered as a result of the use of content posted, emailed, transmitted or made available by the Service; or
•                 defamatory, offensive or illegal conduct of any User or third party. The Owner and its subsidiaries, affiliates, directors, directors, representatives, co- branding partners, partners, suppliers and employees can in no way be held responsible for any claims, procedures, responsibilities, obligations, damages, losses or costs. in an amount greater than the amount paid by the User to the Owner hereunder during the preceding 12 months or during the term of this Agreement between the Owner and the User, whichever is shorter.

This part relating to the limitation of liability applies, to the fullest extent permitted by law, in the applicable jurisdiction, whether the alleged liability arises out of contract, tort, negligence, strict liability or otherwise, even if the Owner has been informed of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitations or exclusions may not apply to the User. These Terms grant specific legal rights to the User, who may also benefit from other rights which vary by jurisdiction. The disclaimer, exclusion and limitation of liability clauses provided for in these Conditions do not apply to the extent prohibited by applicable law.

Compensation

The User agrees to cover and hold harmless the Owner and its subsidiaries, affiliates, directors, directors, representatives, co- branding partners, partners, suppliers and employees from all liability in the event of any claim or demand, damage, obligation, loss , liability, cost or debt and expense, including, but not limited to, legal fees and expenses, arising out of

•                 the use of the Service and its access by the User, including any data or any content transmitted or received by the User;
•                 breach of these Terms by User, including, but not limited to, breach by User of any of the representations and warranties set forth in these Terms;
•                 the violation of any third party right by the User, including, but not limited to, any right of confidentiality or intellectual property;
•                 the violation by the User of any law, rule or regulation;
•                 any content sent from the User’s account, including access by third parties with the unique name, password or any other security measure of the User, if applicable, including but not limited to limit, misleading, false or inaccurate information;
•                 an intentional fault committed by the User; or
•                 violation of any legal provision by User or its affiliates, directors, directors, representatives, co- branding partners, partners, suppliers and employees within the limits of applicable law.

Common provisions

Disclaimer

The fact that the Owner does not assert a right or a provision under these Conditions shall not constitute a waiver of this right or this provision. No waiver shall be deemed to be a further or continuing waiver of this or any other condition.

Service interruption

In order to ensure the best possible standard, the Owner reserves the right to interrupt the Service for maintenance, or for updates or any other change, by informing Users correctly.

Within the limits of the Law, the owner may also decide to suspend or terminate the entire Service. If the Service is terminated, the Owner will cooperate with Users to enable them to remove Personal Data or information in accordance with Applicable Law.

In addition, the Services may not be accessible due to reasons beyond the reasonable control of the Owner, such as “force majeure” (eg work actions, infrastructure failures or power outages etc ).

Resale of Service 

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and these Services without prior express permission, granted either directly or through a legitimate resale program.

Privacy Policy

For more information on the use of their Personal Data, users can refer to the privacy policy of this Application.

Intellectual property rights 

Without prejudice to any particular provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with this Application are the exclusive property of the Owner or such licensors are subject to protection. granted by applicable laws or international treaties related to intellectual property.

All trademarks – nominal or figurative – and all other trademarks, trade names, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or of these licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

Amendments to these General Conditions

The Owner reserves the right to modify or otherwise rectify these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of these changes.

Such changes will only affect the relationship with the future User.

Continued use of the Service will signify User acceptance of the revised Terms and Conditions. If the User does not wish to be bound by these modifications, they must stop using the Service. Refusal to accept the General Conditions will terminate the Agreement.

The previous applicable version will govern the relationship before acceptance by the User. User can obtain any previous version from Owner.

If an applicable law requires it, the Owner will specify the date on which the modified General Conditions come into force.

Contract assignment

The Owner reserves the right to transfer, assign, dispose by novation, or sub-contract all or all rights or obligations under these General Conditions, taking the legitimate interests of the Use into account.
Provisions regarding changes to these Terms will be applied accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any way, without the written permission of the Owner.

Contacts

Any communication related to the use of this Application must be sent using the contact details mentioned in this document.

Divisibility

In the event that any provision of these General Conditions could be considered invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full effect.

US Users

Any invalid or unenforceable provision will be interpreted, understood and reformed to the extent that is reasonably required to make it valid, applicable and consistent with its original purpose.
These Terms constitute the entire Agreement between Users and Owner with respect to this matter, and go beyond any other communication, including but not limited to, any prior agreement between the parties on this matter.
These Terms will be enforced to the fullest extent permitted by law.

EU users

In the event that any provision of these Conditions is or is considered null, invalid or unenforceable, the parties will do their best to find, amicably , an agreement on valid and applicable provisions thus substituting the invalid, null or unenforceable parts.
If this is not done, the null, invalid or inapplicable provisions will be replaced by the applicable statutory provisions, if this is permitted or affirmed by the law in force. Without prejudice to the foregoing, the nullity, invalidity or inability to enforce any particular provision of these Terms will not void the entire Agreement, unless the divided provisions are essential to the Agreement, or of such importance that the parties would not have concluded the contract if they had known that the provision was invalid, or in the event that the remaining provisions would result in an unacceptable hardship for one of the parties. 

Applicable law

These Terms are governed by the law of the location where the Owner is based, as described in the relevant section of this document, without regard to the principles of conflicts of law.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and his or her place of habitual residence is in a country where the Law allows for higher levels of consumer protection, these higher levels of protection will prevail.

Place of competent jurisdiction

The exclusive jurisdiction to decide any controversy arising out of, or connected with, these Terms and Conditions rests with the jurisdictions of the place where the Owner is based, as described in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users who are qualified as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Resolution of conflicts

Resolution amicably dispute

Users can bring a conflict to the Owner who will try to resolve it amicably.

While the rights of users to take legal action will always remain unaffected, in the event that any controversy regarding the use of this Application or the Service, Users will be requested to contact the Owner with the contact details provided in this document.

The User may submit a complaint including a brief description and if applicable, details of the order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will deal with the complaint within undue delay and within 2 days of receipt.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method related to and from online sales and service contracts.

This is why any European Consumer can use such a platform to resolve any dispute arising from contracts which have been concluded online. This platform is accessible by following the following link . 

Definitions and legal references 

This Application (or this Application)

The good which allows the provision of the Service.

Agreement

Any legally binding relationship or contractual relationship between Owner and User, governed by these Terms and Conditions.

Commercial User 

Any User who does not qualify as a Consumer.

Coupon

Any code or voucher, in printed or electronic form, which allows the User to purchase the Product at a reduced price.

European (or Europe)

Applies where the user is physically present or has registered offices in the EU, whatever their nationality.

Example of withdrawal form

Addressed to :

Turba SAS, 10 rue de Penthièvre, 75008 Paris (France)
support@fodmapedia.com

* I / We hereby give notice that I / we are withdrawing from / my / our contract for the sale of the following goods / for the provision of the following service: *

_____________________________________________ (insert a description of the goods / services which are subject to the withdrawal in question)

•                 Ordered on: _____________________________________________ (insert date)
•                 Received on: _____________________________________________ (insert date)
•                 Name of consumer (s): _____________________________________________
•                 Address of consumer (s): _____________________________________________
•                 Date: _____________________________________________

(sign if this form is on paper)

Owner (or Us)

Indicates the person (s) or legal entity (ies) who provide this Application and / or the Service to Users.

Product

A good or service accessible for purchase through this Application, such as physical goods, digital files, software, reservation services, etc.

The sale of Products may form part of the Service, as defined above.

Service 

The service provided by this Application as described in these Terms and Conditions and on this Application.

Terms and conditions

All provisions applicable to the use of this Application and / or the Service as described in this document, including any other documents or agreements, and as updated from time to time.

User (or You)

Indicates the natural person or legal entity using this Application.

Consumer

Any User qualified as a natural person who accesses goods or services for personal use, or more generally, acting for purposes other than those of their trade, business, trade or profession.

Last updated: February 10, 2021