Privacy and Security policy
1 Defined Terms
1.1 In these terms and conditions, the following terms shall have the following meaning:
content means all content contained in the meal plans and recipes provided by How2Food and/or relating to such meal plans and recipes, including photos, videos, comments, data, text, links and other information.
How2Food fee has the meaning given to that term in clause 4.1.
platform means the How2Food mobile application and the website www.how2food.co.nz.
selected content has the meaning given to that term in clause 4.1.
services means the provision of tailored meal plans and recipes by How2Food to you.
we, us, our means How2Food Limited.
these terms mean these terms and conditions as varied from time to time and comprise our agreement with you.
you, your means you, a user of the services.
2 How2Food Services
2.1 These terms apply to the access and use by you of How2Food Limited’s platform and services through which you can [subscribe/buy] the content. Your access and use of the platform and services constitutes your agreement to be bound by these terms. If you do not agree to these terms, you may not access or use the platform and the services provided by How2Food Limited.
3 Your Account
3.1 Our agreement with you begins on the date you register on the platform to use the services and receive content. In registering to use the services and receive content, you will be provided with an account (your account).
3.2 By registering to use the services and receive content you represent and warrant that:
a If you are an individual, you are at least 18 years of age.
b If you are representing a company, organisation or any other legal entity, you have authority to bind that entity to these terms.
c You are capable of entering into and performing legally binding contracts under applicable law.
d All information which you provide is accurate, up to date, truthful and complete.
3.3 You are responsible for your account. You therefore agree to:
a Keep your password secure.
b Keep your account information up to date at all times.
c Comply with these terms, our policies and all applicable laws with respect to your use of the platform and the services.
3.4 You further acknowledge and accept that we will retain your debit/credit card details that you provide to us at the time of setting up your account and will use such details to process any future payment of the How2Food fee from you.
4 How2Food fee
4.1 In consideration of providing the services and content to you, you will pay to us a fee (How2Food fee) on a subscription basis. Such How2Food fee will be described on the platform and accepted by you at the time you select the services and content you wish to receive (selected content).
4.2 The How2Food fee may be varied at any time by us by notice via the platform. If you do not accept the variation of the How2Food fee, you may cancel your selected content in accordance with these terms.
4.3 The How2Food fee will be charged to and payable by you when the content is delivered to you.
4.4 By providing us with your credit card details, you acknowledge and accept that we may use such details to process payment of the How2Food fee and that we have the right to use such credit card details to process payment of the How2Food fee until the payment has been successfully made. You acknowledge that you are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments.
4.5 Nothing prevents us from taking any action necessary to recover any unpaid How2Food fee. We are entitled without express authorisation from you to recover any and all costs incurred by us in recovering unpaid How2Food fee from you, including debt collection costs, commissions, legal fees and any out of pocket expense.
4.6 The How2Food fee and any other sums due to us under these terms must be paid without deduction, set-off or counterclaim.
5 Your access to and use of the platform and services
5.1 The platform, services and content and all rights therein are and shall remain our property or the property of our licensors as the case may be. Neither these terms nor your use of the platform, services or content convey or grant to you any rights:
a in or related to the platform, services and/or content except for the limited license granted in clause 5.2; or
b to use or reference in any manner our name, logo, trademarks or other intellectual property.
5.2 Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
a access and use the platform solely in connection with your use of the services; and
b access and use any content, information and related materials that may be made available through the services.
5.3 You are responsible for obtaining the data network access necessary to use the services and receive content. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. We do not guarantee that the services, or any part of the services, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5.4 You may not:
a remove any copyright, trademark or other proprietary notices from any portion of the services and/or content;
b produce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services and/or content except as expressly permitted by us;
c decompile, reverse engineer or disassemble the services and/or content except as may be permitted by applicable law;
d link to, mirror or frame any portion of the services and/or content;
e cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services and/or content or unduly burdening or hindering the operation and/or functionality of any aspect of the services and/or content; or
f attempt to gain unauthorised access to or impair any aspect of the services and/or content or its related systems or networks.
5.5 You acknowledge and accept that:
a we give no warranty that the platform is compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device;
b we give no warranty that the platform may be uninterrupted or error-free;
c we may, at any time, and in our absolute discretion, with or without notice to you and without refund:
i modify or discontinue the platform; and/or
ii immediately modify, suspend or terminate your access or use of the platform;
d we will not be liable to you or any other party for any:
i interruption or error to the platform;
ii suspension or termination of your access to the platform;
iii deletion of any information or materials contained on the platform posted by you; or
iv modification or discontinuance of the platform.
5.6 In the event that you provide us with a recipe and/or photos and we use part of all of the recipe and/or photos in our content, you:
a warrant that you have developed and own the recipe and photos;
b neither the recipe or any photo, or the use of, violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right;
c grant us non-exclusive, sublicensable, non-revocable, transferrable license to use all or part of the recipe and/or photos in our content.
6 Collection, use and disclosure of personal information
6.1 We will collect, use and disclose any personal information in accordance with our privacy and security policy, here. You acknowledge acceptance of our privacy and security policy and consent to the collection, use and disclosure of personal information in accordance with that privacy and security policy, the Privacy Act 1993 and any other applicable legislation or privacy guidelines.
7 Our liability to you
7.1 To the maximum extent permitted by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or any other person or which may arise directly or indirectly in respect of you using the platform, services and content.
7.2 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following at our selection insofar as the law permits:
a the supplying of the services and content again; or
b a refund of the How2Food fee paid.
7.3 Nothing in our agreement with you shall exclude or limit the liability for:
a death or personal injury caused solely by a party’s negligence;
c willful default or gross negligence; or
d any other liability which cannot be excluded under applicable law.
7.4 The limitations and disclaimer in this clause do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
8.1 You agree to indemnify us and our officers, directors, employees and agents (each an indemnified party) from and against any loss or damage (including costs and expenses not limited to reasonable legal fees) that the indemnified party may suffer as a result of any claims, causes of action, suits, proceedings, demands, recoveries, fines or penalties brought by a third party arising out of:
a Your access and use of the platform, services and content, whether directly or indirectly;
b your breach of our agreement with you; and
c your violation of any law or the infringement of any third party rights in connection with your use of the platform, services and content.
8.2 The obligations under this clause will survive termination of our agreement with you.
9.1 You may cancel your service at any time.
10.1 We may immediately suspend or terminate our agreement with respect to you, or generally cease offering or deny access to the platform and services at any time for any reason without notice. If we exercise our right of suspension or termination under this clause, you must not sign up for another account and must cease using the services immediately.
10.2 Upon suspension or termination of our agreement with you, we will have no further obligation to, and will cease to, provide the platform, services and content to you.
10.3 You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account, including content.
10.4 Our respective accrued rights, obligations and remedies are not affected by the suspension or termination of our agreement with you.
11.1 We may vary these terms from time to time. Variations will be effective upon us posting such updated terms on the platform. Your continued access or use of the services after such posting constitutes your consent to be bound by these terms, as varied.
11.2 Our agreement with you is personal to you and you may not assign your rights or obligations to any person.
11.3 Neither party will be liable for delays or non-performance under these terms due to a force majeure event, which means any event which is not within the reasonable control of a party which could not reasonably have been prevented by that party (including without limitation, acts of God, war, terrorism, extreme weather conditions, floods, earthquakes, fire, industrial disputes and market fluctuations), however, an obligation to pay any fees or charges by you shall not be excused by virtue of such event.
11.4 Any failure or delay by a party in exercising a power or right (either wholly or partially) in relation to our agreement with you does not operate as a waiver or prevent that party from exercising that power or right or any other power or right. A party is not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
11.5 Except as expressly stated to the contrary in these terms, the powers, rights and/or remedies of a party under our agreement with you are cumulative and are in addition to any other powers, rights and remedies of that party. Nothing in our agreement with you merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a party may have at any time against the other party or any other person.
11.6 Our agreement with you is governed by the laws of New Zealand. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.