PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.
1. Who we are and what this agreement does
We Produced in Kent Limited of Ashford Commercial Quarter, 1 Dover Place, Ashford, England, TN23 1FB license you to use:
- Food Loop mobile application software (App) as sold on various online application platforms (Appstore) and any updates or supplements to it.
- The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
These terms detail the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2. Subscription Fees
Subject to any trial period detailed in the Appstore at the time of you downloading the App, in consideration for use of the App in accordance with these terms, you will pay an annual fee (“the Subscription Fee”). Your first Subscription Fee was the amount paid at the time of downloading the App through the Appstore (or at the expiry of any trial period that may apply) (“the Subscription Date”). On each anniversary of the Subscription Date, a further Subscription Fee shall be payable by you and, save where not possible, will be taken automatically using the payment method and details provided at the time of you first downloading the App. The Subscription Fee will be the amount detailed on the Appstore and detailed in the App, as may be varied from time to time. In the event that you notify us prior to an anniversary of the Subscription Date that you do not wish to continue using the App, no further Subscription Fee will be due and your rights to use the App will cease on the following anniversary of the Subscription Date. You may cancel your subscription at any time in the first 14 days from the Subscription Date and will be entitled to a full refund.
3. Your privacy
We will use any personal data you provide to us to:
- provide the Services;
- process your payment of the Subscription Fee; and
- inform you about similar products or services that we, or our partners, provide, but you may stop receiving these at any time by contacting us.
You acknowledge that the App is designed to introduce Users, so in providing the Services we may provide your personal data to other Users so that you may be introduced with a view to potential transactions between you and that other User.
Where you receive another user’s information through the App, you agree that:
you will only use such personal data in relation to a potential transaction between you and that user.
- You shall such process personal data received under and/or in connection with this User Agreement as a separate and independent controller. In no event will we and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
- You shall comply with your obligations under applicable data protection laws (including but not limited to the Data Protection Act 2018 and the UKGDPR, as defined therein as well as any supplementing data protection laws.
- You shall process personal data received from us and/or the App exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled.
Failure to abide by the aforementioned obligations may result in disciplinary action up to and including suspension of your access to the App.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4. Appstore terms also apply
The ways in which you can use the App may also be controlled by the rules and policies of the Appstore from which you downloaded the App.
5. Operating system requirements
This App requires either an iOS or android based mobile telephone or handheld device, with the most recent version of the operating software installed. Note that this operating system may be updated from time to time, meaning we are required to update the App to ensure compatibility, in which case clause 11 (Updates) will apply.
6. Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.foodloop.app or such other website as may be notified from time to time.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
7. How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto mobile telephones and/or other handheld devices and view, use and display the App and the Service on such devices for your business’ purposes only; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
8. You must be 18 to accept these terms and buy the app
You must be 18 or over to accept these terms and buy the App.
9. You may not transfer the App to someone else
We are giving your business the right to use the App and the Service. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
10. Changes to these terms
We may need to change these terms to reflect changes in law, best practice or to deal with additional features to the App or Service which we introduce.
We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
11. Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always match the description of it provided to you when you bought it.
12. If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
13. We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
14. We may collect location data (but you can turn location services off)
Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
15. We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
16. Licence restrictions
You agree that you will:
- except in the course of permitted sharing (see Paragraph 7 above) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
17. Acceptable use restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
18. Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
19. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a direct foreseeable result of our breaking these terms or our failing to use reasonable care and skill , but we are not responsible for any other loss or damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We are not responsible for your dealings with third parties. You acknowledge that the App is intended to make introductions between Users who may wish to trade with one another. We will have no liability arising in any way out of any transactions between you and any other User of the App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
20. We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
21. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
22. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
23. No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
24. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
26. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.