Terms and Conditions

  1. GENERAL
    1.1. The Foodiverse App (“the App”) is operated by FoodCloud Company Limited by Guarantee of 8 Broomhill Business Park, Broomhill Road, Dublin 24, Ireland (“FoodCloud”, “we” or “us” ).
    1.2. We licence you to use the App as permitted in these terms of use (the “Terms“), our Privacy Statement and Cookies Policy and the terms and conditions of the App Store and the Google Play Store, which are incorporated by reference.
    1.3. Please read these Terms carefully, in particular Section 8 “Limitation of Liability”, as by downloading, installing or using the App, you indicate that you accept these Terms and that you agree to be bound by them. If you do not agree with these Terms, you should cease downloading, installing or using the App immediately. You must be 18 to accept these Terms and use the App.
    1.4. We may revise these Terms, from time to time by amending this page. Please check this page regularly to take notice of any changes we make, as, by continuing to use our App, you will be deemed to have accepted such changes.
  2. INTELLECTUAL PROPERTY
    2.1. You hereby agree and acknowledge that the App is proprietary to, and a valuable asset of, FoodCloud. We grant you a non-transferable, revocable, non-exclusive, royalty-free licence to make an electronically stored transient copy of this App or extracts or portions thereof, for the purposes of viewing them online only subject to these Terms, our Privacy Statement and Cookies Policy and the App Store/Google Play Store terms and conditions which are incorporated by reference. We reserve all other rights.
    2.2. You hereby agree and acknowledge that (i) these Terms do not constitute a grant or an intention or commitment to grant any other right, title or interest in the App or FoodCloud’s intellectual property rights to you other than as set out in the licence above; (ii) you may not sell or transfer any portion of the App to any third party or use the App in any manner to produce, market or support your own products or products of third parties and (iii) you assign any and all of your rights, title and interest of whatsoever nature and all intellectual property rights created through your use of the App or under these Terms to FoodCloud. You have no intellectual property rights in, or to, the App, other than the right to use it in accordance with these Terms.
    2.3. You shall not, without FoodCloud’s prior written consent, change, copy, store, publish, rent, licence, modify, sell or distribute in any way any part of the App, its contents or its underlying software or reverse engineer, decompile or disassemble the App, or any portion of it.
  3. SERVICES
    3.1. We will notify you, via a text message notification or through the App, of the availability of Products subject to the terms and conditions of the Agreement.
    3.2. We reserve the right to terminate, withdraw, restrict, vary, extend or re-introduce any or all of the services and update, alter, suspend or discontinue any aspect of our App (including your access to it), without notice at any time and for any reason and without liability.
    3.3. You will comply with all instructions, procedures, rules and/or directions given or established by us with respect to your use of the App. You shall adhere to any additional stipulations made by us in respect of the use of the App and/or collection, delivery and/or use of Products.
    3.4. 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. We may also 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.
    3.5. We shall not be obliged to notify you of any updates, revisions, amendments or additions to the App and text message notification (to include the addition of any new App users).
  4. APP ACCESS
    4.1. We will use reasonable endeavours to ensure that the App is fully operational at all times. However, due to the nature of interactive services and the internet generally, we cannot guarantee that the App will be free from delays, interruptions or errors, and access to the App may be suspended (whether by us or due to external causes) temporarily and/or without notice. We will not be liable for any loss or damage arising from the App not being available (whether for internal processing reasons or otherwise).
    4.2. If you experience problems with the App or wish to contact us for any other reason in relation to your use of the App please email our support team at [email protected]
  5. ACCEPTABLE USE RESTRICTIONS
    5.1. You shall not:
    1. use the App 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;
    2. infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these Terms);
    3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
    4. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    5. collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
    5.2. 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. We are giving you personally the right to use the App in accordance with these Terms. You may not transfer the App 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.
  6. DATA PROTECTION
    6.1. By using this App, you agree to our collection and processing of your personal data, such as your name, email, phone number, location and technical information in accordance with our Privacy Statement and Cookies Policy, which can be found on the FoodCloud website [see www.food.cloud/privacy]
    6.2. We will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services permissions for the App on the device. If you use the App and affirmatively accept location services permissions (for example, by turning them on), you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services permissions for the App on the device settings.
    6.3. To the extent, if any, that you receive any personal data (as defined in the Data Protection Acts 1988 and 2003, as they may be amended, repealed or replaced) as a result of, or in the context of, the your use of the App, you hereby acknowledge and agree that you are solely and exclusively responsible for the processing and/or handling of that personal data and shall accordingly comply with your obligations under the Data Protection Acts 1988 and 2003 as updated from time to time, the EU Data Protection Directive, Regulation 2016/679 (the ‘General Data Protection Regulation’) or any other legislative instruments that are applicable in respect of same.
  7. DISCLAIMER
    7.1. The App is provided as is. Except as expressly set out in these Terms, all representations, warranties, terms and conditions whether express or implied in relation to the App or the information contained therein, including any implied warranties of merchantability or fitness for a particular purpose, are hereby excluded to the fullest extent permitted by law.
  8. LIMITATION OF LIABILITY
    8.1. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODCLOUD SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES, LOSS OR DAMAGE (WHETHER DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS, ARISING OUT OF ANY USE OF THE APP OR THE INFORMATION CONTAINED THEREIN (INCLUDING ANY ERRORS, INACCURACIES OR OMISSIONS IN SUCH INFORMATION OR ANY FAULTS, INTERRUPTIONS OR DELAYS IN CONNECTION WITH THE APP). WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL. WE ARE NOT LIABLE FOR BUSINESS LOSSES. FOODCLOUD IS NOT RESPONSIBLE FOR DAMAGES INCURRED AS A RESULT OF INCORRECT USE OF THE APP.
    8.2. 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.
  9. LINKING TO THIRD PARTIES/EXTERNAL WEBSITES
    9.1. The App may contain links to other independent websites or services which are not provided by us. Such independent sites or services 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 judgment about whether to use any such independent sites or services, including whether to buy any products or services offered by them.
  10. INDEMNITY
    10.1. You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of the App or its services or your breach of these Terms.
  11. CONSEQUENCES
    11.1. If we become aware that you have violated any of these Terms, we may immediately take corrective action, including preventing you from accessing and/or using the services offered through the App and removing any information, data and content on the App by you, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages or other forms of monetary compensation from you.
    11.2. If we end your rights to use the App:
    1. You must stop all activities authorised by these Terms, including your use of the App.
    2. You must delete or remove the App from all devices in your possession and immediately destroy copies of the App which you have and confirm to us that you have done this.
  12. MISCELLANEOUS
    12.1. 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 these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    12.2. If a court finds part of this contract 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.
    12.3. Even if we delay in enforcing these Terms, we can still enforce them 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 any violation of these Terms, 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.
    12.4. These Terms shall be governed and construed in accordance with the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of, or in connection with these Terms.