Terms of Use for Indulge Me FOOD app – Updated 29/11/2017

INDULGE ME FOOD App

Terms and Conditions of Use (29.11.2017)

 

These terms and conditions (“T&Cs”) regulate and govern your use and access to the INDULGE ME FOOD App Services, and any text, images, graphics, videos, recipes, menus, information or materials which form part of the Services (hereinafter referred to as “Content”).

 

Your access to and use of the INDULGE ME FOOD Services is expressly based on your agreement and compliance with these T&Cs.  By using the Services and accessing the Content, you are expressly agreeing to be bound and governed by the same T&Cs.

  1. Use of the Services

INDULGE ME FOOD is a mobile application and platform which enables you to create menus, recipes and shopping lists based on user-inputted information regarding the user’s dietary requirements, allergies, intolerances and preferences (“Food Profiles”). Once you invite all the users who you want to attend your event or dinner party (“Guests”) the App will strive to provide you with recipes and menus which fit and complement all of your Guests Food Profiles, saving you the time and hassle(collectively the “Services”).

 

These Services are subject to, and may change from time to time, and the Services (or any features within the Services) may stop or be stopped, temporarily or permanently, to you or to other users generally, with or without prior notice.

Services may also include advertisements and other promotional material, which may target the Content you use, the Food Profiles you access, queries you may make through the Services, and other data obtained through your use of the Services.

In consideration for being granted access to and use of the Services, you agree and consent to INDULGE ME FOOD and its third party partners and service providers placing such advertising as described above.

  1. Non-Exclusive License to the Services

Subject to your continued compliance with these T&Cs, INDULGE ME FOOD is hereby granting you a non-exclusive and non-transferable single user license to download and install one (1) copy of the App to your mobile device, tablet and/or computer, and to access and use the Services, solely and purely for your own personal use (save family sharing or volume purchasing).

In the grant of this Non-Exclusive License you may not: (i) copy, modify or distribute an App for any purpose; (ii) sublicense, assign, transfer, lease, lend, rent or otherwise distribute the Services provided by the App to any third party or any other user; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or Services; (iv) use the Services for any unlawful or illicit purpose or in any manner which is inconsistent with these T&Cs.

Upon downloading the mobile App through the Apple App Store, Google Play or any other app store or distribution platform (“App Provider”), you expressly agree, acknowledge and understand that:

 

  • these T&Cs are concluded between us, and not with the App Provider, and that we (not the App Provider), are solely responsible for the Licensed Application and the Content thereof;
  • the App Provider has no obligation to provide maintenance and/or support services in relation to our mobile App and such responsibility remains INDULGE ME FOOD’s;
  • INDULGE ME FOOD is solely responsible for product warranties, both express or implied, and in the event of any failure to meet any warranties, INDULGE ME FOOD shall remain solely responsible, and the App Provider shall have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to the App’s failure to conform to any warranty, which remains INDULGE ME FOOD’s sole responsibility.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our App, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our Application fails to conform to any applicable legal or regulatory requirement;
  • In the event of any third party claim that the App or your use of the App infringes third party intellectual property rights, INDULGE ME FOOD and not the App Provider, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  • You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must comply with all applicable third party terms of agreement when using our App.
  • The App Provider and any of the App Provider’s subsidiaries, are third party beneficiaries of these T&Cs, and upon your acceptance to these T&Cs, the App Provider shall have the right to enforce these T&Cs against you as a third party beneficiary thereof.

 

  1. Account Registration

In order to access, use or receive the Services, you will need to register and create an account (“Account”) and become a “Registered User” by either registering through our App or by connecting through your account with a third party social network website, like Facebook (“Social Network Site”).

 

When creating your Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the your applicable jurisdiction. You also warrant that the information provided to us is correct and accurate.

 

While registering as a Registered User you will also be asked to provide us with personal information about yourself and to create a username and a password. INDULGE ME FOOD reserves the right to terminate or suspend your Account if any information provided during registration or thereafter is inaccurate, misleading, incorrect or untrue.

  1. Passwords

You remain solely and exclusively responsible to safeguard and protect your password that is linked to your Account and for any act carried out through your Account, whether carried out by you or others, whether authorised or unauthorised. INDULGE ME FOOD shall not be held liable or responsible for any loss or damage arising from your failure to abide by these requirements.

You will also have the option of providing us with your username/login and password to various social networking and online sites and accounts that you wish to link with your Account. If you decide to share your usernames and login credentials to these other accounts, you grant us permission to log in on your behalf and access these accounts solely to the extent necessary to provide these Services. INDULGE ME FOOD will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your password(s) and account(s) and are fully responsible for all activities that occur under your username(s) or account(s).

 

  1. Privacy

Any personal data that you provide us with is subject to our Privacy Policy which Privacy Policy governs our control and processing of personal data. As an integral part of our Service provision, we may need to provide you with service announcements and administrative messages which you are required to receive. For the purposes of applicable law on unsolicited communications you acknowledge and agree to these communications, which you may not be able to opt-out from receiving.

 

  1. Third Party Service Provider Fees

You remain solely responsible for the payment of any fees, charges and rates charged by your mobile carrier, including for data and messaging plans that you may need or use to use our Services.

 

  1. Third Party Services

The Services may also contain adverts, promotional materials or links to third party websites, resources and services provided by partners and third party companies. INDULGE ME FOOD shall not be held liable or responsible for: (i) the correctness, accuracy and availability of such services; or (ii) the products, services or information accessed or provided by such third parties. You remain exclusively responsible for and assume all risks relating to your use of third party products or services, and the availability or promotion of such services on the App, shall not in any way be construed as an endorsement of such products or services.

 

 

  1. User Warranties

While using the App you also expressly agree and warrant not to do any of the following:

  • attempt to access, tamper with, or use non-public areas of the App, INDULGE ME FOOD Systems, or technical delivery systems of INDULGE ME FOOD’s providers;
  • use the Contents and/or Services for any commercial, professional, consultancy or advisory purpose or in any manner which is contrary to these T&Cs;
  • use the Contents and/or Services for any purpose which violates any applicable law or regulation;
  • order, instruct or assist any other User to do any of the foregoing.

INDULGE ME FOOD reserves all rights at law to investigate violations of any of the above and to cooperate with and assist law enforcement authorities in prosecuting users who violate the above Warranties.

 

  1. Ownership

The Services provided by INDULGE ME FOOD are protected by copyright, trademark, and other intellectual property rights and INDULGE ME FOOD, together with its licensors, exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights.

 

Throughout your use of the App, you will not remove, alter, delete or obscure any copyright, trademark, service mark, design or other proprietary rights or notices present or depicted in the Services.

 

Subject to your compliance with these T&Cs, INDULGE ME FOOD is granting you a limited, non-exclusive and non-transferable license (without the right to sublicense) to access and make use of the Services and to download, save and print any Content provided by INDULGE ME FOOD solely and exclusively for your own personal and non-commercial use.

You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub-license, sell, transfer, publish otherwise use or exploit the Services or Content provided through the Services, except as expressly permitted in these T&Cs.

No licenses or intellectual property rights are granted to you expressly or by implication or otherwise under any intellectual property rights owned or controlled by INDULGE ME FOOD or its licensors, except for rights as expressly provided in terms of these T&Cs.

 

  1. Termination of Use

You can terminate your INDULGE ME FOOD Account at any point in time by deactivating your Account or giving us notice of termination. In case of any breach or non-compliance with these T&Cs, INDULGE ME FOOD reserves the right to suspend, disable or terminate your access to the Services, at its sole discretion and without prior notice to you.

INDULGE ME FOOD shall not be held liable to you or any third party for suspension and termination of your access or use of the Services.  Any suspension or termination will not affect your obligations to INDULGE ME FOOD under these T&Cs (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which shall survive suspension or termination of your use or Service.

 

  1. Content and Services are available on an “AS-IS” basis

Through your use of the App and Services, you hereby acknowledge, agree and  understand that the Services and Content, as well as any information, advice, menus or recipes provided through the Services, are being provided to you on an AS IS and AS AVAILABLE  basis.

 

WITHOUT ANY LIMITATION , INDULGE ME FOOD EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APP, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PEACEFUL POSSESSION AND ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

  1. Medical Disclaimer

WHILE INDULGE ME FOOD STRIVES TO PROVIDE YOU WITH CONTENT AND SERVICES WHICH ARE AS ACCURATE AS POSSIBLE, WHILE MAKING USE OF THE CONTENT AND SERVICES, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT INDULGE ME FOOD HAS NO CONTROL OVER, AND CANNOT CONTROL A NUMBER OF EXTERNAL FACTORS WHICH ARE INDEPENDENT OF THE APP, ITS CONTENTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, THE INGREDIENTS YOU USE IN THE PREPARATION OF YOUR FOOD, YOUR FOOD HANDLING AND PREPARATION, THE CONTENT OF FOODS AND INGREDIENTS YOU USE IN THE PREPARATION OF  YOUR FOOD,  THE ACCURACY OF THIRD-PARTY FOOD LABELLING,  CROSS-CONTAMINATION, KITCHEN ENVIRONMENT, ETC.

IT REMAINS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO CHECK ALL PRODUCT LABELLING AND INGREDIENTS, TO ACCURATELY FOLLOW RECIPES AND MENUS AND TO TAKE PRECAUTIONS AGAINST CROSS-CONTAMINATION. ALL LABELS, WARNINGS, AND DIRECTIONS SHOULD ALWAYS BE CAREFULLY READ BEFORE USING OR CONSIDERING CONSUMING OR USING ANY INGREDIENT OR PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, THE MANUFACTURER SHOULD BE CONTACTED AND THE MANUFACTURER REMAINS ULTIMATELY RESPONSIBLE.

THE CONTENT AND SERVICES PROVIDED IN THIS APP ARE STRICTLY FOR ENTERTAINMENT PURPOSES ONLY AND ARE GIVEN AS OPINIONS AND SUGGESTIONS. THE CONTENT AND SERVICES SHOULD NOT AND SHALL NOT BE CONSIDERED AS MEDICAL, PROFESSIONAL, DIETARY OR NUTRITIONAL ADVICE OR CONSULTANCY IN ANY FORM.

INDULGE ME FOOD, and all its employees, directors, and officers in any capacity, hereby declare that in no way does the App and all related Content and Services, attempt to represent itself or claim to be a health or medical professional nor does it imply to be a substitute for professional, health, dietary or medical advice .

INDULGE ME FOOD does not make or give any representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any of the Services Content provided through the App, which Content is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations. The Content or Services obtained through the App will not create any implied or legal warranty unless expressly made and stated herein.

 

  1. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD INDULGE ME FOOD, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE AND ACCESS TO THE CONTENT AND/OR SERVICES OR YOUR VIOLATION OF THESE T&CS.

 

  1. Limitation of Liability

YOUR PERSONAL USE OF THE SERVICES AND CONTENT REMAINS AT YOUR SOLE AND EXCLUSIVE DISCRETION AND RISK.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDULGE ME FOOD AND ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS  AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ADVERSE OR ALLERGIC REACTION, EMOTIONAL DISTRESS OR DEATH ARISING OUT OF OR IN CONNECTION WITH (I) THE CONSUMPTION OF ANY FOOD OR DRINKS PREPARED, SERVED OR CONSUMED BY ANY USER OF THE APP (II) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE CONTENT OR SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES (IV) ANY CONTENT OBTAINED FROM THE SERVICES;  (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT INDULGE ME FOOD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

 

  1. Exclusions

A number of jurisdictions do not allow the exclusion of certain warranties and/or the total exclusion or limitation of liability for consequential or incidental damages, or damages caused through wilful wrongdoing or gross negligence, so the limitations set out above may not apply to you.

 

  1. General

These T&Cs shall be governed by and construed in accordance with the Laws of Malta, without regard to any conflict of laws rules or principles.  INDULGE ME FOOD’s failure to enforce any right or provision arising out of these T&Cs shall not be deemed or considered to be a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid or unenforceable at law, the remaining provisions of these T&Cs shall survive and shall remain in full force and effect.

These T&Cs and Privacy Policy form the entire and exclusive agreement between you and INDULGE ME FOOD in relation to the Content and Services provided through the App, and these T&Cs shall supersede and replace any prior T&Cs or agreements set out between you and INDULGE ME FOOD.

These T&Cs may be revised from time to time, however INDULGE ME FOOD will try to provide you with at least 30 days prior written notice before any new T&Cs take effect.

Through your continued use and access to our Content and Services after the revision of these T&Cs, you agree to be bound by the revised T&Cs.

 

  1. Contacting Us

INDULGE ME FOOD is owned by Compass Rose Marketing & PR Limited. If you have any questions about these T&Cs please contact us on Monique@indulge.com.mt, call us on [+356 99891722], or write to us at Compass Rose Marketing & PR Limited, indulge,  132 Old Mint Street, Valletta, VLT1515.

 

NOVEMBER, 2017

Monique Chambers

Monique Chambers

Monique started indulge in 2011 and has since created Indulge Me GIFT and Indulge Me FOOD and volume 1 of The Artists Directory - Malta. A marketing professional by trade, Monique's passion is to promote local talent and Malta in general. Free time is her biggest indulgence, when she can tinker in her craft room or the kitchen, or be selfish with a book, the sofa and good glass of wine (of course, wearing something beautiful and with freshly coiffed hair!)