Terms of Service: FoodieApp

Last Update: 27 July 2023

Overview of Terms

These Terms of Service (these “Terms”) form an agreement between you and FOODIEAPP SERVICES PTY LTD (see the section below for information about us). These Terms describe the terms and conditions under which we provide FoodieApp and associated meal-tracking services to you.

You should review these Terms along with our Privacy Policy and agree to them. By downloading and using FoodieApp from the applicable app distribution store, and by ticking the “I Agree” or “I Accept” button or box, you warrant to us that you have read and understood the entire provision and that you agree to them.

As time goes on, we may review and update these Terms for various reasons, which may include changes to applicable laws or any of our FoodieApp features or services. Any changes to these Terms shall become effective upon us posting such changes, which will be reflected by changing the Last Update date above. Not to worry – we will notify you of any changes through a blog post on FoodieApp. If you continue using FoodieApp after we make any changes to these Terms, then we will imply that you have accepted the changes made.

Information about us

FoodieApp and associated meal tracking services are provided by FOODIEAPP SERVICES PTY LTD, an Australian-based entity with ABN: 98 657 431 484 and business address at 903/50 Clarence St, Sydney NSW 2000 (“FOODIEAPP SERVICES PTY LTD”, “we”, “us” or “our”). We provide FoodieApp and associated services within Australia and other parts of the world – provided that you are eligible to use it without restrictions. If you encounter any restrictions while using FoodieApp, you agree that we will not be responsible for any liabilities that come with such restrictions.

FoodieApp does not replace professional advice

No services, information, analysis, reports, recommendation, insight or advice provided through FoodieApp, including meal data reports and information contained in our blogs, are intended to be used in place of visiting a doctor, nutritionist, dietitian or other specialists, and are not substitutes for professional medical advice. Any information provided through FoodieApp is for educational purposes only and should not be construed as a substitute for medical advice. FoodieApp should not be used as a diagnosis, cure, treatment or prevention of any disease, nor should you rely on it as a source of credit nutritional information.

No patient-doctor or other similar privileged relationship is established between you and FOODIEAPP SERVICES PTY LTD as a result of your use of FoodieApp. You are advised to do your due diligence before making any decision about any food tracking information provided by FoodieApp. We will not be responsible for any decision you make in relation to any information available to you via FoodieApp.

Intellectual property rights

The content on FoodieApp, including the images, blogs, texts, audio, videos, logos, design, source codes, software and functionality (“FoodieApp Content”) and the trademarks and service marks are owned and licensed to FOODIEAPP SERVICES PTY LTD, and they are subject to copyright, patent right and other intellectual property rights in the Commonwealth of Australia and international conventions.

The logos, designs, button icons, page headers, graphics, scripts and service names are registered trademarks, common law trademarks and trade dress of FOODIEAPP SERVICES PTY LTD in the Commonwealth of Australia and other locations. You may not use our trademarks or trade dress, including as part of domain names, with any other product or service that may cause confusion. You may also not copy, imitate, use or duplicate our trademarks (in whole or part) without our written approval.

Limited license and prohibited activities

Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, royalty-free, non-assignable, non-sublicensable and revocable license to download, access and use FoodieApp solely for the purposes described in these Terms. If you violate any terms and conditions under these Terms or your use of FoodieApp, such as but not limited to downloading (other than page caching) or modifying FoodieApp or any portion of it, then we reserve the right to terminate this license.

Unless we provide you with written permission, you are not permitted to reproduce, display, perform, prepare derivative works, distribute copies or use FoodieApp or any of the FoodieApp Content for commercial purposes. We reserve all rights not granted to you under these Terms. The license granted to you under these Terms may be terminated if you violate this paragraph.

The license granted to you in relation to FoodieApp does not include:

Disassembling, decompiling, reverse-engineering or attempting to know FoodieApp’s source codes or decrypting them;
Making any modifications, adaptations, enhancements, improvements, derivative works or translating any parts of FoodieApp;
Using FoodieApp in a manner that goes against any applicable laws, rules or regulations of any applicable location;
Sending spam or other unsolicited commercial messages;
Distributing malware, viruses, bugs, trojan horses or other software or codes that are able to damage FoodieApp’s servers and networks;
Scraping, mining, collecting or storing information about FoodieApp, our database or other users using any data mining or automated tools;
Accessing or attempting to access parts of FoodieApp’s servers or networks to which you do not have proper access;
Altering, removing or obscuring any of our proprietary notices or those of our affiliates, partners or licensors of FoodieApp;
Using FoodieApp to create products, services or software that is directly or indirectly competitive with it; and
Making use of any proprietary or interfaces of FoodieApp in the development, manufacture, design, distribution or licensing of any other applications, accessories or devices for use with it.

Reviews, Feedback and Ideas

You can submit reviews, feedback and ideas about FoodiePractice to us at contact@yourfoodie.app. However, by providing us with reviews, feedback or ideas, you acknowledge that we may use, disclose, reproduce, modify or distribute such reviews, feedback or ideas for any purpose – including for marketing – without compensation or obligation to you or any third party.

Privacy policy

As one of our missions with FoodieApp is to provide our services to you anonymously when you use it, we do not obtain personal information that can identify you. Where we obtain any information, we ensure it is disassociated from the meal description you provide and does not identify who you are. To let you know about our privacy practices and how we keep you anonymous when you use FoodieApp, we have posted a Privacy Policy on FoodieApp. Our Privacy Policy details the types of information we collect when you use FoodieApp, including how we use your information, how we secure your information, who has access to your information, how long we retain your information with us and the rights that are available to you.

Account registration

To access FoodieApp and use certain services, such as access to adverts and describing the food you take, are free. However, to use some of the services, you are required to connect an account. You can connect an account via the Apple and Google plugins provided to you (you will still be anonymous to us). By connecting your account to FoodieApp, you warrant to us that you own the account and that you are not infringing on the intellectual property of a third party.

By connecting your account to FoodieApp, you hereby permit us to obtain your data from the selected plugin to create an account for you on FoodieApp. You may withdraw your permission at any time by disconnecting the applicable plugin from FoodieApp.

Term and Termination of these Terms

These Terms shall commence when you start using FoodieApp, and they shall remain valid for as long as you use FoodieApp.

You may terminate these Terms at any time by disconnecting your use of FoodieApp. We may also refuse, terminate, limit or suspend your use of FoodieApp if we discover that you are in violation of these Terms or any applicable law.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF FOODIEAPP IS AT YOUR SOLE RISK. THE INFORMATION, ADVICE, INSIGHTS AND SERVICES PROVIDED THROUGH FOODIEAPP ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE (AFFILIATES, LICENSORS AND PARTNERS) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT TO YOU THAT FOODIEAPP OR ITS FUNCTIONS WILL ALWAYS RUN UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT FOODIEAPP WILL ALWAYS BE FREE FROM DOWNTIMES AND VIRUSES, BUGS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS.

LIKEWISE, WE DO NOT WARRANT THAT THE RESULT FROM ANY INSIGHT OR ANALYTICS PROVIDED ABOUT YOUR FOOD VIA FOODIEAPP IS ACCURATE, RELIABLE, ACCURATE OR COMPLETE. WE DO NOT HOLD OURSELVES OUT AS A PROFESSIONAL MEDICAL CARE PROVIDER. YOU SHOULD NOT USE FOODIEAPP IN PLACE OF GETTING PROFESSIONAL MEDICAL ADVICE, CARE OR TREATMENT.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL WE (AND OUR EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, LICENSORS AND PARTNERS) BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, ACCIDENTAL OR SPECIAL DAMAGES THAT MAY OCCUR AS A RESULT OF YOUR USE OR INABILITY TO USE FOODIEAPP (AND ANY SERVICES PROVIDED THROUGH IT), INCLUDING, WITHOUT LIMITATION, DAMAGES OF LOSS OF INTEGRITY AND REVENUE, PERSONAL INJURIES AND OTHER INTANGIBLE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HOWEVER, IF FOR ANY REASON, WE ARE FOUND TO BE LIABLE FOR ANY CAUSE WHATSOEVER BY APPLICABLE LAW, AND REGARDLESS OF THE ACTION, OUR LIABILITY SHALL AT ALL TIMES BE THE SUM OF $100.

SOME STATE OR LOCATION LAWS DO NOT PERMIT THE LIMITATIONS DESCRIBED ABOVE. IF THESE LAWS APPLY TO YOUR LOCATION, THEN SOME OR ALL OF THE LIABILITY LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You hereby agree to defend, indemnify and hold us (and our affiliates, employees, licensors, agents, partners directors, shareholders, successors and assigns) harmless from and against any and all claims, issues, liabilities, demands, disputes, damages, cost and expenses (including reasonable legal fees and expenses) that may arise from or relate to your use of FoodieApp, breach of your obligations, invasion of third-party rights or violation of these Terms or applicable laws.

Applicable law and jurisdiction

These Terms and the entire FoodieApp operation and any dispute arising out of it between you and us shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law and its principles. You hereby agree that any dispute between us in relation to FoodieApp shall be brought to and settled in the courts located in New South Wales, Australia.

Third-party content and adverts

There may be adverts and contents that belong to third-party websites or applications on certain parts of FoodieApp. These adverts and content are provided on FoodieApp for reference purposes and are not governed by our practices or these Terms. When you link to a third-party website or application through any content or advert available on FoodieApp, you do so at your sole risk. We are not responsible for their practices and how they handle end-users on their platforms. We advise that you consult these third parties’ terms and conditions and policies (which may be found on their website and/or applications) before using their services or submitting personal data to them.

Entire agreement

These Terms represent the entire agreement between you and us in relation to FoodieApp, and they supersede any and all prior arrangements, understanding and agreements before them.

Severability

If any part of these Terms is found by any applicable law to be unenforceable, such a part will be deleted (or edited to be enforceable), and it shall not affect the other parts of these Terms that are enforceable.

No waiver

If, at any point in time, we delay or refuse to enforce our rights under these Terms when you violate any part thereof, it shall not waive or void our right to enforce such a right at a later time or date or on similar violations by you. No waiver under these Terms shall be valid unless it is in writing.

Force majeure

If, at any particular time, we delay or fail to provide FoodieApp and associated service due to circumstances beyond our reasonable control (such as government intervention, pandemics, internet breakdown, harmful software, downtimes and civil unrests), we will not be responsible for any loss or liability incurred.

Assignment

You may not assign or transfer the rights you have under these Terms to a third party without our written approval. On the other hand, we may transfer or assign our rights and obligations under these Terms, including hiring the services of third-party service providers.

Contact us

If you have any questions, concerns, complaints, feedback, ideas, suggestions or issues with FoodieApp or these Terms, we are happy to help you via our email at contact@yourfoodie.app.