The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Account means a unique account created for You to access our Service or parts of our Service.
- Basic User means a user of the Services through the Platform regardless of whether they are paying for their subscription or not
- Company (referred to as either "We", "Us" or "Our" in these Terms) Foodsteps Ltd (Company number 11713830), a company registered in England and Wales with the registered office 50 Aubrey Walk, London, W8 7JG.
- Country United Kingdom.
- Content content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You regardless of the form of that content.
- Foodsteps Data means the data provided by the Platform in response to an inputted query by You, sourced from a combination of primary and secondary data collection.
- Non Paying User means a user of the Services on a non paying basis
- Platform the websites and Services from Foodsteps Ltd. https://my.foodsteps.earth/ & https://foodsteps.earth/ & https://foodsteps.circle.so/home
- Paid User means a user of the Services by way of a paid for subscription
- Service means the provision of environmental impact calculations of food items using the Foodsteps Platform.
- You the individual accessing or using the Service or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Our Contract With You
2.1 These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 The Contract is the entire agreement between You and Us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service You agree to be bound by these Terms.
3.1 Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
3.2 We warrant to you that the Services will be provided using reasonable care and skill.
4. Allowed and/or Prohibited Uses*
4.1 All users of the Service commit to submitting the required information for emission calculation to the Platform truthfully and accurately. Foodsteps Data assets can only be used without modification to provide credible information to You.
4.2 Non Paying Users are permitted to create their own account to calculate emission impact data. The Non Paying User’s account prohibits the user to use the Foodsteps Data for any purpose whatsoever other than personal interest. If you are a Non Paying User you agree to indemnify the Company against any losses whatsoever it makes due to the use of the Foodsteps Data in any other way whatsoever.
Basic Users of the Service are able to calculate emission impact data bound by the amount of recipes their subscription tier allows them. The Basic User’s account prohibits the user to use the Foodsteps Data for any purpose whatsoever other than personal interest. If you are a Basic User you agree to indemnify the Company against any losses whatsoever it makes due to the use of the Foodsteps Data in any other way whatsoever.
Paid Users of the Service are enabled to calculate emission impact data bound by the amount of recipes their subscription allows. The functionalities of Premium users enables them to create and download generated impact labelling related to the emission of the food items. The environmental labelling for these users can be used either internally or externally, and may reference the name of the Company.
*For a full description of the functionalities of each tier, please refer to the functionalities shown on the subscription table on foodsteps.earth.
5.1 We will charge fees to access certain components of the Services. The Company will provide information of the different monthly payment schemes through our payment service. You may use a credit card to pay these fees.
5.2 When using a credit card for payment, you acknowledge being the authorised cardholder to make the payments. Only when payment has been successful, access to the additional components off the platform will be granted.
5.3 For recurring monthly payments the Company will charge your credit card each month. The Company reserves the right to change its fees or billing methods.
5.4 The Company also may charge you for any taxes to which the Services are subject, including but not limited to VAT.
5.5 The Company currently uses Stripe to collect monthly payments, which may charge an additional fee. The Company reserves the right to change the provider through whom payments are collected without notice to You.
5.6 If any payment due remains unpaid for more than 48 hours, the Company retains the right to terminate or suspend your access to the Services.
5.7 All amounts due to the Company shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.1 You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with the Company. This includes but is not limited to, any dispute related to or arising out of: (a) any term of the Terms, enforcement or application of the Terms; (b) the Foodsteps Data; and (C) the ability to access and use the Services.
6.2 The Company may terminate or suspend Your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
6.4 Upon termination, Your right to use the Services will cease immediately.
6.5 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
6.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
7. Limitation of liability
7.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Services or £10 if You haven't purchased anything through the Service.
7.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
7.3 Some regions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
7.4 References to liability in this clause include every kind of liability arising including tort (including negligence), misrepresentation, restitution or otherwise.
7.5 Nothing in the Terms limits any liability which cannot legally be limited, including but not limited to liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or a breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.6 The following list sets out the types of loss that are wholly excluded: i. loss of profits; ii loss of sales or business; iii loss of agreements or contracts; iv loss of anticipated savings; v loss of use or corruption of software, data or information; vi loss of or damage to goodwill; and vii indirect or consequential loss.
7.7 Unless You notify the Company that you intend to make a claim in respect of an event within the notice period, the Company shall have no liability for that event. The notice period for an event shall start on the day on which You became, or ought reasonably to have become, aware of the event having occurred and shall expire 2 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
7.8 This clause 7 shall survive termination of the Contract.
8. "AS IS" and "AS AVAILABLE" Disclaimer
8.1 The Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
8.2 Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
8.3 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
9. Data Protection
The parties shall comply with their data protection obligations to the fullest extent as required by law.
10. Dispute Resolution
If You have any concern or dispute about the Services, You agree to first try to resolve the dispute without recourse to any formal legal remedies by contacting the Company on EMAIL and providing a period of 10 working days for a response, during which time no legal action shall be taken whatsoever.
11. European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
12. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13. Governing law
Any dispute or claim arising out of or in connection with the Services, the Company’s subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Services.
15. Force Majeure
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
16. Assignment and other Dealings
- The Company may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
- You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
17. Third-Party Rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
18. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please end your use of the Platform and the Service.
19. Contact Us
If you have any questions about these Terms and Conditions, You can contact us email: firstname.lastname@example.org