These terms of service and the documents referred to in them (“Terms”) govern your access to and use of our services, including our websites, applications, buttons, browser plugins and APIs (the “Service” or “Whisk”), and any recipes or other information, text, graphics, photos or other materials uploaded to, downloaded from or appearing on the Service (together the “Content”). Please read these Terms carefully before you start to use the Service. By using the Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Service.
Information about us
The Service is operated by Foodient Ltd (“we” or “us”). We are a limited company registered in England and Wales with company number 8001091 and have our registered office at Birmingham Science Park, Faraday Wharf, Holt Street, Birmingham B7 4BB. Our VAT number is 140606741.
To register with Whisk you must be at least eighteen years of age. You must ensure that the details provided by you on registration or at any time after registration are correct and complete. You must inform us immediately of any changes to the information you provided when registering by updating your details.
Accessing the Service
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice (see below). We will not be liable if for any reason the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the Service as a whole, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection or your mobile device are aware of these Terms, and that they comply with them.
Accessing the Service
We are the owner or the licensee of all intellectual property rights in the Service and the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of Content from the Service for your personal reference and you may draw the attention of others within your organisation to Content posted on the Service. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content must always be acknowledged. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors. If you use any part of the Content in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
Reliance on information posted
Commentary and other materials posted on the Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of the Content. In particular, while we make every effort to ensure that all recipes clearly indicate if ingredients contain allergens or similar, it is your responsibility to ensure that such ingredients are suitable.
The Service changes regularly
We aim to update the Service regularly, and may change the Content at any time. If the need arises, we may suspend access to the Service, or close it indefinitely. Any of the Content may be out of date at any given time, and we are under no obligation to update such Content.
The Content displayed on the Service is provided without any guarantees, conditions or warranties as to its accuracy or suitability. To the extent permitted by law, we and any third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Service or in connection with the use, inability to use, or results of the use of the Service, any websites, applications or browser plugins linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to the Service
Transactions instigated through the Service
Contracts for the supply of goods instigated through the Service as a result of your use are governed by the terms and conditions of the relevant supplier. We have no liability to you for any goods purchased by you as a result of using the Service.
Viruses, hacking and other offences
You must not misuse the Service by knowingly introducing viruses, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is hosted or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.
Linking to the Service
You may link to the home page of our website [or to our applications on the appropriate application site], provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Service must not be framed on any other site, nor may you create a link to any part of the Service other than the home page of our website or to our applications as described above. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Service other than that set out above, please address your request to [email protected]
Links from the Service
Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You must not establish a link from any website that is not owned by you.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
“Whisk” is a UK registered trade mark of Foodient Ltd.
We may revise these Terms at any time. You are expected to check these Terms from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Service.
If you have any concerns about Content which appears on the Service, please contact [email protected].
Thank you for using Whisk.