TERMS AND CONDITIONS

Last updated: June 25, 2015

Please read these terms and conditions (the “Terms”) carefully before using FOODMOOD (the “Service”) operated by Foodmood Limited (“FOODMOOD”, “us”, “we”, “our”). You should also read our Privacy Policy, which is incorporated by reference into these Terms and available in the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms, including our Privacy Policy. If you disagree with any part of the Terms you may not access the Service.

We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on this page. Please review this page frequently to see any updates or changes to these Terms. By continuing to access or use our Service after these changes you agree to be bound by the revised terms. If you do not agree with the new terms, please stop using the service.

If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

All legal notices in relation to the Service or these Terms should be given in writing and addressed to hello@foodmood.co.uk.

1. Using the Service

1.1. The Service is solely accessible through the dedicated Application (hereafter named the “App”) downloadable on Apple’s official platform “App Store” and / or on the website http://www.foodmood.co.uk.

1.2. You may use the Service without registering, but as a condition to using certain aspects of the Service, you are required to register with FOODMOOD using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

1.3. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions that by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers and limitations of liability.

2. Intellectual Property and Copyrights

2.1. We grant you a non-exclusive, non-transferable license to install and use a copy of the Application on your mobile device in accordance with applicable license agreement available on the platform for mobile applications concerned.

2.2. The Service is for personal use only. You may not use the Service in connection with any commercial endeavors.

2.3. These Terms of Service do not imply any transfer of intellectual property rights on the Service belonging to FOODMOOD, to your benefit.

2.4. The information and databases available and reproduced through the Service are the property of FOODMOOD except for the content and distinctive signs from third parties, aggregated by FOODMOOD regarding its Service, which remain their sole property.

2.5. In the event that a third party, using or not the Service, determines that the content listed would undermine any of its rights, FOODMOOD allows that third party to report the litigious content and ask for the full withdrawal by contacting us on the email address hello@foodmood.co.uk. Such report must contain the following elements:

2.5.1. A physical or electronic signature of the person authorized to act on behalf of the owner of the litigious content;

2.5.2. A description of the litigious content which you request to be removed;

2.5.3. A description of where the litigious content is located on the App;

2.5.4. Information sufficient to permit FOODMOOD to contact you, such as your physical address, telephone number and e-mail address;

2.5.5. A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Within 72 hours of receiving the report, FOODMOOD agrees to permanently remove the content listed, subject of the request.

3. Links to Other Web Sites

3.1. Our Service contains links to third party web sites or services that are not owned or controlled by FOODMOOD.

FOODMOOD has no control over, and assumes no responsibilities for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that FOODMOOD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

4. Limitation of our liability

4.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

4.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App, or any content on it, whether express or implied.

4.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

4.3.1. Use of, or inability to use, the App; or

4.3.2. Use of or reliance on any content displayed on the App.

4.3.3. Please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.3.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Sites or to your downloading of any content on it, or on any website linked to it.

5. Applicable Law

5.1. These Terms, its subject matter and its formation (and any non-contractual disputes or claims), are governed by, and construed in accordance with, English law.

5.2. For any dispute you have with FOODMOOD, you agree to first contact us and attempt to resolve the dispute with us informally.

5.3. For any action not resolved by FOODMOOD under, or subject to, clause 5.2, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales.

6. Contact us

6.1. Questions, comments and requests regarding these Terms should be sent by email to hello@foodmood.co.uk