TERMS OF USE

Please ensure that you have read these Terms and Conditions of Use (the "Terms") prior to using FoodMaestro.  By downloading, installing, and using FoodMaestro you agree to these Terms. 

When you first access FoodMaestro you are required to accept these Terms before use. FoodMaestro may change and update these Terms at any time. You are responsible for informing yourself of any changes by regularly reviewing these Terms. By continued usage of using FoodMaestro, you agree to the latest version of the Terms. 

In the Terms, references to “FoodMaestro” are references to FoodMaestro Limited, FoodMaestro iPhone† FoodMaestro Android (or any other version of the FoodMaestro application released by FoodMaestro from time to time).

These Terms were most recently updated on the 31 January 2016.

When you use FoodMaestro you will be using our smart search technology which enables you to search for food product information.  

1.  Food product information and associated alternatives 

In relation to such information you acknowledge and agree that: 

1.1  Any information:

  •  is provided "as is"; 
  • only filters your search based on the filters as defined by you and is for general information purposes only; 
  • may have been reviewed or provided by health professionals from time to time and to the best of their knowledge is current at the time of publishing and based on reputable sources; 
  • has been compiled based on the ingredients list, nutritional panel information or other relevant information on the product’s packaging at the time of data collection, and therefore as the information is provided by third parties, FoodMaestro is not in a position to verify this information. FoodMaestro does not warrant that any such information is true or accurate and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information; 
  • has been provided on the basis that all persons using FoodMaestro undertake the responsibility for assessing the accuracy and relevance of its information for their personal circumstances and that they rely on it entirely at their own risk;          
  • should be used as a guide only and is not intended to be a substitute for professional, medical, nutritional or other health professional advice. FoodMaestro recommend that you consult your doctor or other qualified health professional immediately if you have questions or concerns about your or your family’s dietary requirements or health. 

1.2  All users, especially those with special dietary requirements or food sensitivities should ensure that they are clear on the ingredients of the product prior to consumption. FoodMaestro recommend that, where further dietary information is important to you, for example because you have a specific dietary requirement, you should check with the product manufacturer directly in the event of uncertainty or consult with your doctor or other qualified health professional.

1.3  Manufacturing recipes change from time to time. FoodMaestro make no warranties or representations regarding the completeness or accuracy of the information or any recommendations and are not liable for any loss or damage you or your family suffer arising out of the use of or reliance on the information, except that which cannot be excluded by law. The information may be updated, altered or removed, from time to time, at any time, without further notice to you.2.  Disclaimers, Liability and Indemnity 

2.1  When you download, install and use FoodMaestro and its contents, you do so at your own risk. You are responsible for the consequences of your use of FoodMaestro, including where you upload and share content. 

2.2   FoodMaestro, their affiliates nor any of their respective employees, agents, third party content providers nor licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with FoodMaestro, its use, its content or any products or services referred to within FoodMaestro. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

a) Your reliance on the completeness, accuracy, suitability or currency of any content on FoodMaestro.

b) Failure of, or delay in performance, corruption, operation, interruption or transmission via FoodMaestro or data on or through FoodMaestro, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, theft, destruction, alteration or unauthorised access to records. 

c) Any data usage, roaming or other charges you incur when accessing the internet through your mobile or other device. 

d)  Accessing any third party web sites, servers or applications (including without limitation Twitter and Facebook) through FoodMaestro. FoodMaestro does not accept responsibility for the content or operation of third party websites, applications or services. Unless otherwise stated FoodMaestro do not endorse any third party websites, applications or services accessible through FoodMaestro. Your use of any third party websites, applications or services is solely at your own risk. Defamatory, threatening, offensive or unlawful conduct of third parties. 

2.3  FoodMaestro is provided "as is", with all faults, and with no representations or warranties of any kind, either expressed or implied. The express terms contained herein shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. No oral or written information or advice given by FoodMaestro, their agents, or authorised representatives shall create a warranty or in any way increase the scope of this warranty. 

2.4  FoodMaestro is not liable to any other party for any loss or damage, including direct, consequential, direct or indirect loss or damage, including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these Terms by FoodMaestro or the negligence of FoodMaestro or their representatives. 

2.5  You agree to indemnify and hold harmless FoodMaestro, their affiliates and respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by FoodMaestro ("Loss") as a direct or indirect consequence of your use of FoodMaestro. This includes, without limitation, any loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you using FoodMaestro. 

2.6  Nothing in these Terms limits or excludes FoodMaestro liability for death or personal injury, fraudulent misrepresentation, or any other liability that cannot be excluded by law. 

2.7  None of these Terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. 

3.  FoodMaestro community standards 

FoodMaestro is designed to let you search for products that may be relevant to you or your family. To assist in achieving this, all users must comply with the following FoodMaestro Community Standards (the "Standards"): 

3.1  You must not use FoodMaestro to share any content that is offensive, defamatory, pornographic, slanderous, threatening to another person, incites violence or is otherwise in breach of any national or international law. 

3.2  You must not use FoodMaestro to carry on any activity that is unlawful, or to support or facilitate any unlawful activities. 

3.3  You must not use FoodMaestro for commercial purposes, including uploading or posting any content that is commercial in nature, solicitation, or that can be characterised as spam. 

3.4  You must not upload to FoodMaestro any viruses, malicious code or do anything designed to disable, disrupt, or in any way interfere with the proper functioning of the application. 

3.5  You must not do anything that encourages or facilitates a breach of these Terms. FoodMaestro reserves the right at its sole discretion to prevent you using FoodMaestro if you fail to comply with the Standards. 

4.  Intellectual property 

4.1  Unless otherwise indicated, FoodMaestro owns, controls or reserves all rights (including all copyright, patents, trademarks, service marks), trade names and designs whether registered or unregistered) in and to all information (excluding the UK Food Composition data), text, material, graphics, advertisements, software code and data comprising FoodMaestro (the "FoodMaestro Property"). 

4.2  You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the FoodMaestro Property in any way except as expressly provided for within FoodMaestro, or expressly authorised in writing by FoodMaestro, as appropriate. 

4.3  You will indemnify and hold harmless FoodMaestro against any direct, indirect or consequential loss, liability, cost or expense (including legal costs and expenses on a full indemnity basis) suffered or incurred in connection with any claim, action, demand or proceeding alleging that the publication, use or display of any content uploaded by you to FoodMaestro as contemplated by these Terms, infringes the intellectual property rights of any other person. 

4.4  You may not use any trade mark of FoodMaestro (whether registered or otherwise) without our prior, specific, written permission. 

4.5  All rights in the FoodMaestro name are owned by FoodMaestro Limited. Any other product or company names mentioned on FoodMaestro are the trade-marks or registered trademarks of their respective owners. 

4.6  Unless otherwise indicated, you are authorised to download and view any content, and use the software comprising FoodMaestro for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. 

4.7  You must not, without FoodMaestro express prior written permission in each instance as appropriate, exploit FoodMaestro, or any of FoodMaestro Property for commercial purposes. 

4.8  You are not authorised, without FoodMaestro express prior written permission or the permission of any other relevant rights holder in each instance, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from FoodMaestro for any other purpose. This prohibition does not extend to content which is expressed to be freely available for re-use or replication, subject to any conditions FoodMaestro specifies. 

4.9  Materials downloaded from FoodMaestro, including any software, program codes, files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FoodMaestro. You are expressly prohibited from copying, selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner. 

4.10  The use by FoodMaestro of a third party trade mark on FoodMaestro is not intended to indicate any association with or endorsement by FoodMaestro of that trade mark. 

4.11  No part of FoodMaestro may be reproduced without the prior written permission of FoodMaestro in each instance. 

5.  Privacy

5.1  When you access FoodMaestro and share information on FoodMaestro, FoodMaestro will collect any identifiable data about you. 

5.2  You may choose to share product information via Facebook and Twitter.  You should refer to the terms of use, privacy and security settings of those third party applications to determine how your information is shared and handled within those applications. 

6.  General

6.1  FoodMaestro shall not be liable for failure to perform or delay in performing any obligation under these Terms to the extent that the failure or delay is caused by any circumstances beyond FoodMaestro’s reasonable control, including but not limited to acts of God, war, laws or regulations of any government or supra-national authority, flood, fire, interruption of power supplies or electronic communications networks, riots or industrial disputes. 

6.2  If any provision of these Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

6.3 Unless expressly provided in these Terms, no term is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not a party to it. 

7.  Applicable laws and enforceability 

7.1  The version of FoodMaestro that operates in the United Kingdom is operated and controlled within the United Kingdom.

7.2  These Terms are in the English language. Any disputes arising from your use of FoodMaestro or these Terms must be determined by the courts having non-exclusive jurisdiction in England and Wales in accordance with laws in force in England. You irrevocably and unconditionally submit to this jurisdiction. 

7.3  FoodMaestro does not warrant that the version of FoodMaestro that operates in the United Kingdom complies with the laws of any country outside of the United Kingdom. If you access and use FoodMaestro from outside of the United Kingdom, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with FoodMaestro. 

8.  Entire agreement 

These Terms constitute the entire agreement between FoodMaestro and you, and supersede all previous terms.

9.  System requirements 

In order to use FoodMaestro, you are required to have: 

  • Apple mobile devices that have a camera with auto-focus. Requires iOS 8.0 or later. 
  • Android devices running versions 4.0 or later

Please note that if you’re using a smartphone or tablet without a camera capable of auto-focus, FoodMaestro may not be compatible with this device. Without auto-focus, the pictures of the barcode will be blurry and FoodMaestro will be unable to identify the barcode.

You will also need 3G, 4G or Wi-Fi internet connectivity to download the app and access the FoodMaestro network. Check with your mobile/internet service provider for details of data download and internet usage charges. 

10.  What happens if you do not accept these terms?

You must accept these Terms in order to use FoodMaestro. 

11.  How to contact FoodMaestro

If you have any feedback, questions or complaints or any requests for technical support, then please contact us as info@foodmaestro.me 

 

† iPhone, iPad and iTunes are trademarks of Apple Inc, registered in the US and other countries. App Store is a service mark of Apple Inc