FOODADVISR APP END USER LICENCE AGREEMENT
WELCOME TO FOODADVISR. BY DOWNLOADING THE APP YOU AGREE TO THESE LICENCE TERMS SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP OR, IF ALREADY DOWNLOADED, PLEASE DELETE THE APP FROM YOUR DEVICE.
1. Who we are
Hello! We are Advisr Technologies Ltd and operate the FoodAdvisr app. FoodAdvisr is a trade name. We are registered in England and Wales under company number 10275423 and have our registered office at Avebury House, 6 St Peter Street, Winchester, Hampshire, England, SO23 8BN.
2. What this Agreement does
We license you to use:
- the FoodAdvisr mobile application software together with the data supplied with the software (App) and any updates or supplements to it;
- the related online documentation (User Information); and
- the service you connect to via the App and the content we provide to you through it (Service)
as permitted in these terms.
3. What the App does
The App offers an information matching service. It helps you to access product information to make choices that suit your needs and lifestyle. All you need to do is create a profile and start scanning the bar codes of the products you wish to buy or select the menu items you wish to compare.
Understanding your individual preferences is the key to FoodAdvisr. You can create personal profiles for yourself, just the kids or even the whole family. By building your profile, you can tell us what matters to you, whether that is the allergens you need to avoid or the ingredients to exclude from the products you buy.
Each time you scan a product, or select a menu item, the App will immediately map the profile you’ve selected to use against the scanned or selected product’s information and let you know if this matches your preferences. Best of all, you will even be able to share profiles for a short period of time so that you can select the right choices for a friend and vice versa.
We give you the opportunity to become a member of various Communities as detailed in the App, so that you can see and share information about your food discoveries with people that have similar needs or interests. You do this by simply pressing the ‘Share’ button in your results page. You also have the opportunity to add your own personal comments that will be shared with the Communities to which you belong. Please comply with the Acceptable Use Policy available at www.foodadvisr.com when making comments. In the event that we or another user have concerns about the comments you make, we reserve the right to remove the applicable comment(s), suspend you from accessing the Service and take any further appropriate action. Please make sure that you keep this in mind when you write your comments. The comments you make will be posted to our website in the relevant ‘Communities’ section.
4. Where the product information comes from
We have obtained information about the products directly from industry-leading sources, such as Brand Bank, or from a named retailer or dining business where you are using the App. In some cases product labels can tell you all you need to know and we make that much easier and quicker; in other cases, the information is not easy to see and you would need to ask the staff for help. FoodAdvisr enables you to make those choices directly from your Smartphone as we have the information to help you make your informed choices.
We work with qualified nutritionists to help us to improve our service and build our pre-set profiles which you can use and/or modify instead of creating your own from scratch.
5. What the App cannot do
The App provides you with general information but it cannot offer medical advice. The product information the App offers you is for information purposes only and does not constitute nor is a substitute for professional medical advice. If you do have allergies, we ask you to please read the advisory section on Allergens below and the section on Our responsibility for loss or damage suffered by you.
We offer an information matching service and always take care to provide accurate information where possible and have worked very closely with qualified nutritionists to make sure we have captured the latest thinking. However, we are unable to verify the information given to us. We rely upon the producers, retailers and dining businesses to give us the correct information about their products. Therefore, we cannot accept responsibility for any errors, omissions or misleading statements in the information provided by the brands and retailers.
6. Our advice on allergens
FoodAdvisr follows EU regulations and Food Standards Agency guidance on food allergens and our app is designed to identify and alert you to their presence in any product that you scan or select, based upon the data provided to us by the food producer, and the allergen settings that you save in the app. However, if you do suffer from an allergy, you may still wish to personally evaluate the accuracy and completeness of the information provided by the App. You may wish to check product labels, if available, or further materials provided by a brand or retailer, or speak with a medical professional before purchasing, consuming and/or using any products scanned with the App.
Although we work hard to ensure that the information you receive from the App is accurate, we are unable to verify the product information. If a brand, retailer or dining business misses an allergen in the information they provide to us, we cannot identify and correct this.
In addition, please be advised that any update to product information, including an addition or change in allergen content, will be provided within 24 hours of the information being available to us. This means that we can only guarantee that the product information is up-to-date as of 24 hours previously, provided that you have updated the App when prompted. We advise you to ensure that the App is consistently updated to capture any modifications. Please also note that the App can only update when it is connected to the internet.
7. Your privacy
We will use your personal data to process any requests you send us for goods or services. We may aggregate data relating to your product and menu preferences (by store and/or product) on an anonymised basis and share this with third parties in order to help food producers and retailers better understood customer requirements.
If you are using a special edition of the App made in conjunction with a named retailer, producer and/or dining business, you also agree that we may share your personal data solely with the relevant retailer, producer and/or dining business so that they can better provide their products in which you have expressed an interest.
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
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.
8. Google Play Terms and Conditions
The ways in which you can use the Google Play App and User Information may also be controlled by Google Play’s rules and policies at https://play.google.com/intl/en-us_us/about/play-terms.html. Google Play’s rules and policies will apply instead of these terms where there are differences between the two.
9. The App Store Terms and Conditions
The ways in which you can use the App and User Information may also be controlled by The App Store’s rules and policies at https://www.apple.com/uk/legal/internet-services/terms/site.html. The App Store’s rules and policies will apply instead of these terms where there are differences between the two.
10. Operating System Requirements
For IOS users, this app requires an iPhone, iPad or iTouch device with a minimum of 8Mb of memory and the operating system at IOS 8.0 or more recent.
For android users, this app requires at least 8Mb of memory and be at version 4.0 or later.
11. Operating Permissions
The App requires the camera to be enabled on the device on which it is installed.
We also recommend that you have the location tracking permissions enabled on the device on which the App is installed. However, this is optional.
These permissions will only be activated during the barcode read/menu item selection process.
We also recommend that you set the zoom setting to ‘Standard’ for better viewing quality.
12. Support for the App and how to tell us about problems
Support – If you want to learn more about the App or have any problems using them please take a look at our support resources at www.foodadvisr.com. For business services, please go to www.advisrtech.com.
Contacting us by email (including with complaints) – If you think the App or the Services are faulty or misdescribed, or there is an error or omission with the product information, or you wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
You can also send us feedback through the app itself. This facility is available through ‘Your Account’ settings.
You can also call us on 07494 914921.
How we will communicate with you – If we have to contact you we will do so by email.
13. How you may use the App
In return for your agreeing to comply with these terms you may:
- continue to download or stream a copy of the App onto a device which meets the above Operating Requirements and view, use and display the App and the Service on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules set out in https://www.apple.com/legal/internet-services/itunes/us/terms.html;
- share your FoodAdvisr profile(s) with other App users (when this functionality is in place);
- use any User Information to support your permitted use of the App and the Service;
- provided you comply with the below Licence Restrictions, make one copy of the App and the User Information for back-up purposes; 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.
14. You must be 16 or over
You must be 16 or over to accept these terms.
15. You may not transfer the App to anyone else
We are giving you personally the right to use the App and the Service as set out above under How you may use the App. Whilst you may have sharing rights as set out above, you may not otherwise 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.
16. Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to meet specific requirements of the brands or retailers. If the Terms and Conditions are updated you will be asked to accept these changes.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
17. Updates to the App software
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.
18. 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.
19. 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.
20. We may collect location data (but you can turn location settings off)
We make use of location data sent from your devices. You can turn this functionality off at any time by turning off the location services settings for the App on the device. If you use the App with the functionality on, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, processing and use of your location data and queries to provide and improve location-based products and services.
21. 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.
22. A few Licence Restrictions
You agree that you will:
- except in the course of permitted sharing (see How you may use the App) 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, User Information 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, User Information 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;
- 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.
23. 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.
24. Intellectual Property Rights
All intellectual property rights in the App, the User Information 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, the User Information or the Services other than the right to use them in accordance with these terms.
“FoodAdvisr” and the “FoodAdvisr” logo are UK trademarks, of Advisr Technologies Limited, registration of which has been granted or is currently pending. You are not permitted to use them without our approval.
25. 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 foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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 any product information. We are an information matching service and, although we work closely with qualified nutritionists we are not food, nutrition, cosmetic or medical experts or producers. We rely upon third parties to give us the correct information about products. Therefore, we are not responsible for any loss or damage suffered as a result of errors, omissions or misleading statements in the product information provided.
We are not responsible for your reliance on a pre-set profile. The pre-set profiles created by our qualified nutritionist are recommendations solely based on previous experience and research that is up-to-date at the time the profile was created. The pre-set profiles are not bespoke to your personal or medical needs. Therefore, no liability is accepted for any loss or damage suffered as a result of a pre-set profile not meeting your specific personal or medical requirements.
We are not liable for any recent updates to the product information. When we receive an update from a brand, retailer or dining business about a product, the App will be updated within 24 hours of the new product information being available to us. We can therefore only guarantee that information is up to date as of 24 hours prior to your use. We will have no liability for any losses or damage suffered as a result of not updating the product information less than 24 hours after the information has been received by us.
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.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
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.
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.
26. 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.
27. 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.
28. 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.
29. 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.
30. If a court finds part of this contact 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.
31. 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.
32. Alternative Dispute Resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Chartered Institute of Arbitrators via their website at www.ciarb.org. You will not be charged for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may (for as long as the United Kingdom is a member of the European Union) be submitted for online resolution to the European Commission Online Dispute Resolution platform.
33. Law and jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the App, the User Information and the Service in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
Any questions, just ask!
If you have any questions on any of our terms or on the service we provide, get in touch with us at email@example.com and we will be happy to help.