Last update: 27 June 2021

Foodnest’s Terms of Service

GENERAL

Information about Foodnest

These terms and conditions (the “Terms”) are applicable to all services provided by Foodnest AB (559294-38-06) (“Foodnest”, “us”, “our” or “we”) to our customers (“you”).

Contact information

You may contact us by using any of the contact details set out below (“Contact Information”):

Email address: [email protected]

Agreeing to the Terms

By creating an Account and using the Services you agree to these terms (Terms). If you do not agree to these Terms, you must not create an Account or use the Services.

Changes to the Terms

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email or via the App. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within thirty (30) days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, by continuing to use the Services, after the new conditions have been submitted. The latest version of the Terms will be available on the Site and in the App.

Definitions

“Apple” means Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, or any other Apple group company otherwise applicable in accordance with Apple Media Services Terms and Conditions.

“Appstore” means the service, application and store provided by Apple and where the App can be downloaded and installed on Apple products.

“Account” means the account that you register and create on the Site and/or in the App.

“App” means our application accessible via computer or mobile device relating to the Services.

“Contact Information” means the information set out above.

“Functions” means the Site, the App,your Account and the Services, jointly.

“Privacy Policy” means our Privacy Policy (http://www.foodnestapp.com/privacy-policy) which describes how we process personal data.

“Services” means the services described under section “Services” below which we have made available through the Site, and the App, together with any such other related goods, equipment, services and information made available by us to you.

“Site” means our website (foodnestapp.com) relating to the Services.

SERVICES

Description of the Services

We provide a social network for food and cooking related content. (the “Services”). More information about the Services can be found on the Site and in the App.

Setting up an Account

To access the Services, you must create an Account. You are not allowed to transfer the Account to others. Once an Account has been created, the Services will be available, as instructed on the Site and in the App.

YOUR OBLIGATIONS

Eligible customers

We offer the Services to individuals acting as consumers (as defined under applicable local law).

You may not create an account if you are below sixteen (16) years old.

Use of the functions

When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site or the App other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.

We may have to suspend all or part of the Services:

If we decide to make changes to the Services or discontinue the Services
To deal with technical problems or make minor technical changes; or
Update changes to the Functions to reflect changes in applicable laws and regulatory requirements.

We will contact you in advance in case we need to suspend the Services. This does not apply if the problem is urgent.

We are entitled to close down your Account if you fail to comply with these Terms or other mandatory provisions by law.

Content provided by you

The Site and/or the App include(s) functions for uploading and storing data provided by you (“Content”). You are responsible for all distribution and other actions by you and in your Account.

By uploading Content to the Site and/or the App , you warrant a) that you are the owner of the uploaded Content or b) that you are entitled to manage the Content in such way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site and/or the App.

By adding Content to the Site and/or the App, you are aware that, depending on the settings of your Account, such Content might be shared with others. We are not liable for any loss of Content and we advise you to always keep your own backup. We do not take any responsibility with regards to the validity of Content provided by you or others.

Obligations in relation to Apple

By creating an account, you are provided with a license to use the App, and you confirm that this license cannot, or shall not, be transferred to anyone.

Additionally, you confirm the following:

That these Terms are only applicable in relation to the Foodnest AB, and that they are not applicable in relation to Apple.
That this license can only be used on such Apple products that you own or control (without limitation to if the App is allowed to be used and can be used by other accounts connected by Family Sharing or by volume purchases) and that you may only use the App in accordance with the terms and conditions applicable to the Apple product on which you have installed the App (Apple’s “Usage Rules”) available here.
That Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services.
That Apple has no warranty obligations whatsoever with respect to the App, and that any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in relation to the App or the Service, is the sole responsibility of the Foodnest AB.
That, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you.
That the Foodnest AB, not Apple, is responsible for addressing any claims from you or any third party relating to the App or the your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
That, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Foodnest AB, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
That you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
That you must comply with any and all applicable third-party terms of agreement when using the App
That Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

TERM AND TERMINATION

Term

The term for our Services commences upon creating an Account and shall remain in force until terminated by you with immediate effect.

Termination

To terminate the Services go to the user settings under your Account and follow the instructions or by contacting us at [email protected].

Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.

Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

LIMITATION OF LIABILITY

To the extent possible, the Foodnest offers the Services as-is and as-available, and makes no representations or warranties of any kind concerning the Services whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply.

To the extent possible, in no event will Foodnest be liable on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of use of the Services. Where a limitation of liability is not allowed in full or in part, this limitation may not apply.

The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Third party services as a part of our Services

Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them.

Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control. If our suppliers are 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 that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

Obligations and responsibilities in relation to Apple

We confirm the following:

That the Foodnest AB, not Apple, is responsible for the App and the Services, and that the Terms are not applicable in relation to Apple.
That Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services.
That the Foodnest AB, not Apple, is responsible for addressing any claims from you or any third party relating to the App or the your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
That the Foodnest AB is solely responsible for any product warranties, whether express or implied by law.
That, in the event of any third-party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, the Foodnest AB, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
That Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as a third-party beneficiary thereof.

PRIVACY

We process your personal data in accordance with our Privacy Policy at http://foodnestapp.com/privacy-policy.

PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

Our rights

The Site and the App are owned and operated by Foodnest. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.

Respect for our property

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.

Respect for our intellectual property

The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.

APPLICABLE LAW

Swedish law shall apply to these Terms and our legal relationship in general.

If you have any complaints, please contact our support department at [email protected].