TERMS AND CONDITIONS
These terms and conditions create a contract between you and afoodible (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree".
INTRODUCTION TO OUR SERVICES
This Agreement governs your use of afoodible’s services (“Services”), through which you can buy, get, licence, rent or subscribe to content and other in-app services (collectively, “Content”). Content may be offered through the Services by afoodible or a third party. By creating an account for use of the Services in the United Kingdom, you are specifying that as your country of residence for tax purposes (“Home Country”). Our Services are available for your use in your Home Country, as well as any other EU member state in which you are temporarily present. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
USING OUR SERVICES
PAYMENTS, TAXES AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction". By each Transaction, you acquire a licence to use the Content only. Each Transaction is an electronic contract between you and afoodible and/or you and the entity providing the Content on our Services. However, if you are a customer of afoodible and you acquire an App or a book, afoodible is the merchant of record; this means that you acquire the Content from afoodible, but it is licensed by the Content Provider (as defined below).
When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to authenticate all Transactions using facial recognition.
Afoodible will charge your selected payment method (such as your credit card, debit card, gift card/code or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If we cannot charge your selected payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method again as you may update your payment method information. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). In accordance with local law, afoodible may update information regarding your selected payment method, if provided such information by your financial institution.
You agree to receipt of all invoices in an electronic format, which may include email. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by afoodible. From time to time, afoodible may refuse a refund request if we find evidence of fraud, refund abuse or other manipulative behaviour that entitles afoodible to a corresponding counterclaim.
Right of cancellation: If you choose to cancel your order, you may do so within 24 hours of when you received your receipt, without giving any reason.
To cancel your order, you must inform us of your decision. To ensure immediate processing, we recommend you use Report a Problem to cancel all items, with the exception of subscription services in Third Party Apps, afoodible Services, Contents and unredeemed Gifts purchased directly from afoodible. The excepted items can be cancelled by contacting afoodible Support. Subscription services can only be cancelled following the initial subscription and not upon each automatic renewal. You also have the right to inform us using the model cancellation form provided within the App or by making any other clear statement. If you use Report a Problem, we will communicate acknowledgement of receipt of your cancellation to you without delay.
To meet the cancellation deadline, you must send your communication of cancellation before the 24-hour period has expired.
Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.
Exception to the right of cancellation: You cannot cancel your order for the supply of Content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.
Model cancellation form:
- To afoodible:
- I hereby give notice that I withdraw from my contract for the following:
[INSERT ORDER ID, ITEM]
- Ordered on [INSERT DATE] / received on [INSERT DATE]
- Name of consumer
- Address of consumer
- Email address of consumer (optional)
Using our Services and accessing your Content may require an afoodible Account. An afoodible Account is the account you use across afoodible’s ecosystem. Your afoodible Account is valuable, and you are responsible for maintaining its confidentiality and security. Afoodible is not responsible for any losses arising from the unauthorised use of your afoodible Account. Please contact afoodible if you suspect that your afoodible Account has been compromised.
You must be age 18 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an afoodible Account and use our Services.
Information We Collect
a. Personal Information. We do collect Personal Information such as users name, gender, age and email address for troubleshooting and analytics.
b. Non-personal Information. We may collect anonymised non-personal information for troubleshooting and analytics. The app will request access to your camera and image gallery so that you can add pictures to your activities. We do not use this access for any other purpose.
c. Information you provide. We may collect your information when you communicate with us or you give us by email, contact forms etc.
How We Use Information
a. Personal Information. We do store Personal Information, but we do not disclose your Personal Information. However, we do share anonymised and aggregated information with third parties who require the information to provide services to you.
b. Non-Personal Information. We do not sell, trade, or otherwise transfer to outside parties your information. We do not combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number).
Any personal information is only stored within the app on your mobile device or your own cloud storage for backups.
SERVICES AND CONTENT USAGE RULES
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. afoodible may monitor your use of the Services and Content to ensure that you are following these Usage Rules.
- You may use the Services and Content only for personal, non-commercial purposes (except as set forth in the Content Store section below).
- afoodible’s delivery of Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
- You can use the Content for only one afoodible IDs on each device.
- It is your responsibility not to lose, destroy or damage Content once downloaded. We encourage you to back up your Content regularly.
- You may not tamper with or circumvent any security technology included with the Services.
- You may access our Services only using afoodible’s software, and may not modify or use modified versions of such software.
Content Store Content:
- The term “Content” includes contents for the afoodible application and/or in-app purchases, extensions, stickers, and subscriptions made available in the app
- You can use Content on one device that you own or control at any one time.
- For the sake of clarity, each device used serially or collectively by multiple users requires a separate licence.
You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same afoodible Account (“Associated Devices”). Content may not be available for Redownload if that Content is no longer offered on our Services.
The Services and certain Functionality may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least 24 hours before the free trial ends.
CONTENT AND SERVICE AVAILABILITY
Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you, unless and until they become available to you.
Certain Services and Content available to you in your Home Country may not be available to you when travelling outside of your Home Country.
YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit materials such as comments, pictures, videos and audio. Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. You hereby grant afoodible a worldwide, royalty-free, perpetual, nonexclusive licence to use the materials you submit within the Services and related marketing and afoodible internal purposes. Afoodible may monitor and decide to remove or edit any submitted material.
Submissions Guidelines: You may not use the Services to:
- post any materials that you do not have permission, right or licence to use;
- post objectionable, offensive, unlawful, deceptive or harmful content;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials or informational announcements;
- plan or engage in any illegal, fraudulent or manipulative activity.
PERSONALIZED RECOMMENDATION FEATURES
The Services may recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such personalized recommendations for some Services in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give afoodible permission to collect and store certain data, including but not limited to data about your device activity, location and usage. Please carefully read the information presented when you turn on these features.
In-App Purchases that are consumed during the use of the App cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password.
APP MAINTENANCE AND SUPPORT
Afoodible is responsible for providing maintenance and support for afoodible Apps only, or as required under applicable law. Content Providers are responsible for providing maintenance and support for Third Party Content.
Afoodible will use reasonable care and skill with respect to the provision of the afoodible Application and any External Services performed or provided by the afoodible Application to you. Afoodible does not make any other promises or warranties about the External Services and in particular does not warrant that:
(i) your use of the External Services will be uninterrupted or error-free;
(ii) the External Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Licensor disclaims any liability relating thereto. You shall be responsible for backing up your own system, including the afoodible Application that is stored on your system.
f. Limitation of Liability:
(i) Except as set out in section (ii) hereunder, in no case shall Licensor, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by Licensor, its employees or agents where:
(1) there is no breach of a legal duty of care owed to you by Licensor or by any of its employees or agents;
(2) it is not a reasonably foreseeable result of any such breach;
(3) any increase in loss or damage results from breach by you of any term of this End User Licence Agreement ("Agreement");
(4) it results from a decision by Licensor to warn you, to suspend or terminate your access to the External Services or to take any other action during the investigation of a suspected violation or as a result of Licensor’s conclusion that a violation of this Agreement has occurred;
(5) it relates to loss of income, business or profits or any loss or corruption of data in connection with your use of the Licensed Application.
(ii) Nothing in this Agreement removes or limits Licensor’s liability for fraud, gross negligence, wilful misconduct or for death or personal injury caused by its negligence.
Afoodible reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event you refuse to accept such changes, afoodible will have the right to terminate the Agreement.
Afoodible is not responsible or liable for third party materials included within or linked from the Content or the Services.
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content and the scripts and software used to implement the Services, contain proprietary information and material that is owned by afoodible and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever, except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorised.
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or afoodible suspects that you have failed, to comply with any of the provisions of this Agreement, afoodible may, without notice to you: (i) terminate this Agreement and/or your afoodible ID, and you will remain liable for all amounts due under your afoodible ID up to and including the date of termination; and/or (ii) terminate your licence to the software; and/or (iii) preclude your access to the Services.
Afoodible further reserves the right to modify, suspend or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and afoodible will not be liable to you or to any third party should it exercise such rights. To the extent possible, afoodible will warn you in advance of any modification, suspension or discontinuance of the Service. Termination of the Service will not affect the Content that you have already acquired.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
a. Afoodible will provide the Services with reasonable care and skill. Afoodible does not make any other promises or warranties about the Services and in particular does not warrant that:
(i) your use of the Service will be uninterrupted or error-free. You agree that from time to time afoodible may remove the Service for indefinite periods of time or cancel the Services at any time for technical or operational reasons and will, to the extent practicable, notify you of this;
(ii) the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion which shall be events of Force Majeure, and afoodible disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Content purchased, acquired or rented from the Service.
b. Except as set out in (d) below, or in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall afoodible, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any loss or damage caused by afoodible, its employees or agents where:
(i) there is no breach of a legal duty of care owed to you by afoodible or by any of our employees or agents;
(ii) it is not a reasonably foreseeable result of any such breach;
(iii) any increase in loss or damage results from breach by you of any term of this Agreement;
(iv) it results from a decision by afoodible to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service or to take any other action during the investigation of a suspected violation or as a result of afoodible’s conclusion that a violation of this Agreement has occurred; or
(v) it relates to loss of income, business or profits or any loss of data or corruption of data in connection with your use of the Services.
c. Afoodible shall use reasonable efforts to protect information submitted by you in connection with the Services including from fraudulent use.
d. Nothing in this Agreement removes or limits afoodible’s liability for fraud, gross negligence, wilful misconduct or for death or personal injury.
e. If you breach this Agreement, you will be liable to afoodible, its directors, officers, employees, affiliates, agents, contractors and licensors for any claim arising out of your breach. You will also be liable for any action taken by afoodible as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and afoodible, and all Transactions on the Services, shall be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You and afoodible agree to submit to the personal and exclusive jurisdiction of the courts located within England, United Kingdom, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.K. citizen; (b) you do not reside in the U.K.; (c) you are not accessing the Service from the U.K.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below, whose law governs:
If you are a resident of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
This Agreement constitutes the entire agreement between you and afoodible and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and afoodible. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Afoodible's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Afoodible will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No afoodible employee or agent has the authority to vary this Agreement.
Afoodible may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Afoodible may also contact you by email or push notification to send you additional information about the Services. Afoodible reserves the right to change, amend, update and delete the term and conditions at any time and you unreservedly agree to these changes.
You hereby grant afoodible the right to take steps afoodible believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that afoodible has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials and/or a third party, as afoodible believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to afoodible's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).