v1_2, last updated 23 September 2021
https://thehappypear.ie/terms-and-conditions/
IMPORTANT: Please read this Terms & Conditions of Use (‘Site Terms’) as it applies to all visitors who access the website at thehappypear.ie or any other website owned, operated, or provided by Flynn & Flynn Global Trade Ltd (392443). T/A: The Happy Pear. Registered Address: The Happy Pear, Kilcoole Industrial Estate, Creowen Road, Kilcoole, Co. Wicklow.
WE DO NOT MARKET TO OR ENTER INTO CONTRACTS WITH CHILDREN NOR DO WE COLLECT PERSONAL DATA FROM ANY PERSON UNDER 18 YEARS OF AGE. PLEASE DO NOT ACCESS OR USE THE WEBSITE OR SERVICES IF YOU ARE UNDER 18 YEARS OF AGE.
The Happy Pear and its associates provide their services to you subject to the following conditions:
Privacy
When using our shop or online courses, you supply us with your ‘personal information’ in order to purchase products, join our courses or to subscribe to receive our newsletter. We need your contact details to fulfil our business obligations and to process these orders. Please note we take your privacy seriously so we will not sell your contact details to any marketing companies. We also make sure your personal information is well protected. For more detailed information please read our Privacy Policy
Electronic Communication
When you visit our online shop, subscribe to our courses or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Following your consent, the information you provide may be hosted on the servers of our email marketing provider Klaviyo. klaviyo adheres to the EU-U.S. Privacy Shield Framework (more info on the EU-U.S. Privacy Shield website). Read Klaviyo’s privacy policy here.
We will not sell, distribute or lease your personal information to other third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Trademarks
The Happy Pear’s trademarks and content may not be used in connection with any product or service that is not The Happy Pear’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Happy Pear. All other trademarks not owned by The Happy Pear or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Happy Pear or its subsidiaries.
License And Site Access
The Happy Pear grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Happy Pear. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Happy Pear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Happy Pear and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Happy Pear’s name or trademarks without the express written consent of The Happy Pear. Any unauthorized use terminates the permission or license granted by The Happy Pear. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of The Happy Pear so long as the link does not portray The Happy Pear, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Happy Pear logo or other proprietary graphic or trademark as part of the link without express written permission.
Disclaimer
Our “Sites” include information and instructions relating to diet, sleep, exercise and fitness, heart health and healthy recipes and some of the products and services available through our “sites” relate to such topics. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.[@K1]
Before participating in any programme that may be described and/or made accessible in or through our ‘sites’, We strongly recommend that you consult with a physician or other healthcare provider. The Happy Pear and its staff are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You acknowledge and agree that when participating in any diet/ programme there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. If you experience any discomfort or pain during an activity in our content, such as a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.
Damage To Your Computer Or Other Device
The Happy Pear uses reasonable efforts to ensure that these sites are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of our “Sites” (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use our “Sites” safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, The Happy Pear shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the “Sites”.
Product Description
The Happy Pear and its associates attempt to be as accurate as possible. However, The Happy Pear does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Happy Pear itself is not as described, your sole remedy is to return it in unused condition.
Pricing
All product prices are displayed in Euros and are inclusive of the current rate of applicable VAT due in the country of delivery, unless expressly indicated otherwise, and do not include the additional cost of any delivery.
Free Trials and Subscriptions
Where we offer a free trial, it begins when you sign-up (even if you choose not to first use our App or services until a later date) and ends 48 hours later. If you want to cancel your trial, you must cancel before the trial period expires. If you do not cancel the trial within the trial period, you will be charged for the full month, with your subscription automatically converting to a regular monthly fee.
Trials are not transferable, may not be combined with other offers or redeemed for cash or credit. Trials are available only to new users who have never used our services before and there is only one trial permitted per user and payment method. It is a violation of these terms to sign up for a trial if you have previously signed up for an account or trial in the past or to have more than one account or trial active at the same time. We reserve the right to determine your eligibility for a trial and if we believe you are not eligible for a trial, we may cancel your trial. If we cancel your trial for any reason you will not be eligible for recourse or refund.
When you sign up to use our Apps and services you’ll have the option to select one of our subscription plans. Each subscription starts when you sign up and make payment via a valid payment method. The billing cycle will be one calendar month, six months or one year based on the subscription option chosen and your subscription will automatically renew, unless or until your subscription is cancelled or terminated. Where possible, you will be billed on the same date which will be the date you signed up. Where such a date does not exist in a particular renewal month, you will be billed on the date immediately preceding.
By choosing to continue with your subscription, you authorise billing to your payment method and agree to keep your payment method current and valid at all times. If your payment method expires then you must update it and we may end your subscription if you fail to make payment when it is due.
We will notify you of the price of your subscription when you sign up. However, we may change pricing at any time. We will endeavour to notify you of any price change through the App or by another method such as email. Any price changes to your subscription will take effect on or after the start of your next billing cycle. If you do not agree to the price change you may cancel your subscription at any time before it renews. If you choose not to cancel your subscription, you will be deemed to have accepted the revised pricing. Following cancellation you will continue to have access to your subscription until the end of your billing cycle. All subscriptions are non-refundable and you are responsible for paying for your subscription until you cancel it in accordance with these terms.
Please refer to the links below for platform specific details on subscription management:
https://support.google.com/googleplay/answer/7018481
https://support.apple.com/en-us/HT202039
Cancellations and Refunds
By placing an order through our “Sites”, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions in their entirety, you should not order any product or service through the “Sites”.
In accordance with the Consumer Rights Directive 2011/83/EU (CRD), you have 14 calendar days to change your mind following purchase. This right to cancel is also known as the ‘cooling-off period’. Your right to cancel begins from the moment you place your order. However, your ‘cooling-off period’ will depend on the type of purchase you made, as follows:
- Products (goods): Starts the moment you receive the product. You have 14 days to inform us that you want to want to cancel and then a further 14 days to return the products. You may have to pay for the cost of returning the products.
- Digital content: Starts the moment you sign up for the contract and ends 14 days later. This right automatically ends if you access, utilise or stream the content.
Please refer to the links below for additional information about specific app store refund policies:
https://support.google.com/googleplay/answer/2479637
https://support.apple.com/en-ie/HT204084
In exceptional circumstances, we may be able to provide short extensions to the period of course access. However, we cannot facilitate transfers to the course at a different start date nor offer partial refunds to students who do not finish a course. For any queries in respect of cancellations or refunds please contact [email protected].
Applicable Laws
By visiting our “sites”, you agree that the laws of the state of Republic of Ireland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Happy Pear or its associates.
Site Policies
Please review our other policies posted on this site. We reserve the right to make changes to our “Sites”, policies, and these Terms & Conditions of use at any time.
[@K1]Would it be an idea to revise this Disclaimer? Ideally we should avoid processing “Health Data” as it could be categorised as SCPD which has additional obligations attached. (Special Categories of Personal Data (‘SCPD’) and personal data relating to criminal convictions and offences or related security measures (‘CCOPD’ and together ‘sensitive personal data’) is in accordance with applicable data protection laws (‘DP Laws’). ‘SCPD’ means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation)
f Services here.
