Last Updated: March 1, 2017
Welcome to Tastemade! These terms and conditions ("Terms") cover all of the websites, mobile, desktop and "over-the-top" applications, services and software of Tastemade International Ltd and its parent company, subsidiaries and affiliates (collectively, "Tastemade", "we", "us", or "our") and any associated content including email and RSS. Our registered office is at 5 New Street Square, London, UK EC4A 3TW. Our VAT registration number isGB 253329216.
Who may use the Services
We offer two types of Services for our users: (a) subscription based services ("Subscription Services"); or (b) free to use services ("Standard Services"). You can access either service through our websites, certain third parties’ websites or applications, or by downloading, installing or using any Tastemade mobile, desktop, over-the-top or other application software or services, or other materials or services made available from Tastemade (which are herein defined together as the "Services").
Subscription Services (summary)
To use our Subscription Services, you must first set up an account with us by completing the account registration form and adding your payment details (see our Registration section below). To register, you must be at least 18 years of age to bind yourself legally to these Terms). If you are not 18 years of age or older, you may not use the Subscription Services. Full details of our Subscription Services are set out below.
The Standard Services are a temporary free service and Tastemade can begin charging at any time for use of any or all parts of the Standard Services (thereby becoming Subscription Services).
To use our Standard Services, you must be at least 13 years of age. By using the Services, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Services. We may, from time to time, restrict access to certain features, parts or content of the Services, or the entire Services, to users who have registered and/or subscribed with us.
How to use the Services
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, smart TV or other mobile device) meets all the necessary technical specifications to enable you to access and use the Services.
You will be assumed to have obtained permission from the owner of any equipment that is controlled, but not owned, by you to access and/or download the Services to that equipment. You accept responsibility, in accordance with these Terms for all access to, and use of, the Services by you on any equipment, whether or not it is owned by you.
You acknowledge that the mobile service provider for the equipment to which you download, or on which you access or use, the Services may charge for internet access (including mobile data usage) on that equipment.
You do not need an account in order to access content on the Services; however, in order to access some features of the Services, you will have to register to create an account.
To register, you must provide us with accurate, complete and up-to-date contact information, including name, postal address, telephone number and email address. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information. Tastemade prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.
Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.
Login Details and Passwords
You are solely responsible for the activity that occurs on your account, and it's your sole responsibility to protect your password from unauthorised use. You must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID. You must notify Tastemade immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other Tastemade users. Additionally, you may never use another's account without permission. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or, if any details you provide for the purposes of registering as a user, prove to be false.
Tastemade will not be liable for your losses caused by any unauthorised use of your account however you may be liable for the losses of Tastemade or others due to such unauthorised use, and we might have to suspend or terminate your account in such case. Tastemade will not be responsible for any unauthorised access to, or alteration of, data sent to or received by your account, regardless of whether the data is actually received by Tastemade.
Tastemade reserves the right to reclaim user names that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames. These Terms apply to all users of the Services, including users who contribute submissions, as described below.
How we provide the Services
We cannot guarantee the continuous, uninterrupted or error-free operability of the Services. There may be times when certain features, parts or content of the Services, or the entire Services, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Services, or any features, parts or content of the Services.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Services (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
Permitted use of the Services
For purposes of these Terms: (i) "Content" means text, graphics, images, music, audio, video, works of authorship of any kind and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
You must only use the Services and anything available from the Services for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
You may access and display Content for non-commercial, personal, entertainment use only on a single computer or device at a time. Content is provided to you "as is". You understand that when using the Services, you will be exposed to Content from a variety of sources, and that Tastemade is not responsible for the accuracy, timeliness, usefulness or intellectual property rights of or relating to such Content.
Social sharing and user-generated content
As part of the Services, we may, from time to time, allow you to upload user-generated content and may also allow you to share Content on certain of your SNS Accounts, via mobile messaging, our applications, our website, via email and other means at our discretion, through the social sharing functionality we've implemented through certain of the Services ("User Content Areas").
We do not control the material submitted to User Content Areas, nor are User Content Areas actively moderated. You acknowledge that all User Content express the views of their respective authors, and not our views.
You can remove your User Content by specifically deleting it. Deletion will not terminate the User Content License. In certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Complaints about the content of any User Content must be sent to email@example.com and must contain details of the specific User Content giving rise to the complaint.
Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any topic, at any time without notice to you.
Content from social media and networking sites
As part of the functionality of the Services, you may link your account to an SNS Account by allowing Tastemade to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You agree that you won't disclose your SNS Account login information to Tastemade and/or grant Tastemade access to your SNS Account unless you are permitted to do so by the applicable SNS. Tastemade won't have any obligation to pay any fees or be subject to any usage limitations imposed by SNS's.
By linking your SNS Account to your Tastemade account, you understand that Tastemade will access, make available and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personally identifiable information that you post to your SNS Accounts and information about your SNS network will be available on and through your Account.
Please note that if an SNS Account or associated service becomes unavailable or Tastemade's access to such SNS Account is terminated by the third party service provider, then the User Content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts by emailing us at firstname.lastname@example.org with your request. We'll take steps to disable such connection as soon as practicable. Please note that your relationship with the SNS Account service providers associated with your SNS Accounts is governed solely by your agreement(s) with such SNS Account service providers.
User Content License
By making any User Content available through Services you hereby grant to Tastemade and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to access, use, copy, reproduce, modify, adopt, create derivative works based upon, distribute, publish, translate, publicly display, publicly perform, view, download, and print your User Content (in whole or in part) in connection with operating and providing the Services and Content, in any and all form of media or technology now existing or hereafter developed.
Prohibited use of the Services
You agree not to do any of the following:
- 'scrape' Content or store Content of the Services on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the Content of the Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, deceptive, or impersonates or misrepresents an application with any person or entity; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (vii) contains any virus or code that has contaminating or destructive elements; or (viii) contains any form of advertising;
- use, display, mirror or frame the Services, or any individual element within the Services, Tastemade's name, any Tastemade trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tastemade's express written consent;
- access, tamper with or use non-public areas of the Services, Tastemade's computer systems or the technical delivery systems of Tastemade's providers;
- attempt to probe, scan, or test the vulnerability of any Tastemade system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tastemade or any of Tastemade's providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tastemade or other generally available third party web browsers;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- use any meta tags or other hidden text or metadata utilizing a Tastemade trademark, logo, URL or product name without Tastemade's express written consent;
- use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- collect or store any personally identifiable information from the Services or from other users of the Services without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation; and/or
- encourage or enable any other individual to do any of the foregoing.
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We reserve the right to terminate your account and your access to and use of the Services if we determine, in our sole discretion, that your User Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities in respect of users who violate the law.
Export control and restricted countries
You may not use, export, re-export, import or transfer any Service (including applications) except as authorised by United States law, the laws of the jurisdiction in which you obtained such Service (including applications) and any other applicable laws. In particular, but without limitation, no Service (including applications) may be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Service (including applications), 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. You also will not use the Service (including applications) for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
Links to third party websites or resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites and do not guarantee that they will be continuously available. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. The fact that we include links to such external websites does not imply any endorsement of, or association with, their operators or promoters.
Intellectual property rights
All intellectual property rights in any content of the Services (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Content from the Services (including our website and our applications). In the event you print off, copy or store pages from the Services (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced. Any use of the Services other than as specifically authorised herein is strictly prohibited. Any rights not expressly granted herein are reserved by Tastemade.
Some of the characters, logos or other images incorporated by Tastemade on Tastemade websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Tastemade or others (collectively, "Trademarks"). You agree not to use any Tastemade Trademarks without Tastemade's written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Services ("Third Party Mark(s)") may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tastemade. Except as expressly provided in these Terms or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tastemade Trademarks displayed on the Services, without Tastemade's prior written permission in each instance. All goodwill generated from the use of Tastemade Trademarks will inure to the exclusive benefit of Tastemade.
Tastemade respects copyright law and expects its users to do the same. It is Tastemade’s policy to terminate, in appropriate circumstances, account holders or subscribers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tastemade’s Copyright and IP Policy at www.tastemade.co.uk/copyright for further information.
Subject to your compliance with these Terms, Tastemade grants you a limited, non-exclusive, non-transferable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subscription Services (detailed)
Access to the Subscription Services will require you to pay a fee, the amount of which will be as set out as part of the Services (including, without limitation, on our website or our application) or on the third party application store from which you download the Services or, in the case of "in-App" purchases, within our application (as the case may be). We reserve the right to determine which Services are subject to a subscription fee and may change this from time to time. If you elect to subscribe to the Subscription Services, you are a "subscriber". You can find specific details regarding your subscription at any time by logging into your Tastemade account. You agree your subscription is for individual use only.
The fee you pay gives you access to the Subscription Services, features, functions and/or content for the period of time selected by you from amongst the available options indicated on our Services or the third party application store from which you download our Services including our application, or, in the case of "in-App" purchases, within our application (as the case may be). It is important to note that, at the end of this subscription period, your subscription will automatically renew for an equivalent period (and continue to do so), unless you alter your subscription renewal settings in accordance with the instructions to be found on the Services (including our website) or the relevant third party application store (see Cancellation of Subscription Services).
Where you pay to download the Subscription Services or in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.
If you access the Subscription Services through our website, you may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Subscribe" button on the subscription page. The Subscription Services and optional “in-App” purchases (for example, of certain features, functions or content) you download are made available to you immediately and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a ‘cooling off’ right) once access has commenced and/or the download has started.
We may offer a number of subscription plans from time to time with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you.
Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
Charges, Payment and Renewal
In providing a credit card or other payment method accepted by Tastemade ("Payment Method"), you are expressly agreeing that we (or an authorised third-party payment processor such as Stripe, Apple or Google) are authorised to charge you a subscription fee, any other fees for additional services you may purchase and any applicable taxes in connection the Subscription Services ("Charges"). The Charges for the Subscription Services are as quoted on our website and/application from time to time where applicable. Charges include VAT.
We will bill the monthly or annual subscription fee plus any applicable taxes (i.e. Charges) to the Payment Method you provide to use during registration (or to a different Payment Method if you change your account information). You authorise us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in advance in relation to any Service in accordance with these Terms, until that Service is cancelled or your account is closed. If your Subscription Service renews, charges for each renewal period (at the same level as the preceding subscription period, unless the charges have increased, in which case we will notify you beforehand) will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your Subscription Services (see Cancellation of Subscription Services). To see the start date for your next renewal period, log into your Tastemade account (or Apple iTunes account or a Google Play account, as applicable).
Charges for any additional usage or optional extras (in accordance with our charging method as set out on the website and/or application) will also be charged to your account and payment taken via your chosen Payment Method.
You acknowledge that the amount billed each billing period may vary due to promotional offers, changes in your Subscription Services and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Tastemade changes the Charges or other charges for your Subscription Services, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
If you do not pay us Charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to any Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, Charges will continue to be incurred until the account is closed. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable legal fees and/or court costs.
Very rarely, if there are special circumstances where Tastemade determines it is appropriate (e.g., your Subscription Services are unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Tastemade's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Cancellation of Subscription Services
You can cancel your subscription at any time. If you do not wish your subscription to the Services to renew automatically at the end of the then-current subscription period, you must alter your subscription renewal settings in accordance with the instructions to be found on the relevant third party application store or as set out in these Terms. If you do not do this, charges to your Payment Method may continue until the end of the following Subscription Services renewal period. It is your responsibility to notify us in advance of renewal.
Subject to your cancellation rights above, you cannot cancel your Subscription Services before the end of the then-current subscription period, unless:
- the Subscription Services to which you are subscribed ceases to be available or becomes degraded so as to materially and adversely affect that Subscription Service and it is not restored within 7 days; or
- we make material changes to which you do not agree.
In any of these cases, you should notify us that you wish to cancel your Subscription Services.
Note that if you subscribe to Subscription Services via an Apple iTunes account or a Google Play account, you must manage your Subscription Services and cancel directly through those services, respectively. While the terms of subscription are generally similar to that described above, please refer to the applicable Apple or Google subscription terms for the terms applicable to your Subscription Services, including specific renewal terms and when and how to cancel a subscription.
Terms specific to Tastemade Apps and in addition to the Terms herein
Furthermore, with respect to any application ("App") accessed through or downloaded from the Apple App Store or Google Play Store, as applicable ("App Store Sourced Application"), you'll use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS or an Android-powered product that runs Android, as the case may be; and (ii) as permitted by the terms and conditions of such App Store Sourced Application. Tastemade reserves all rights in and to the App not expressly granted to you under these Terms.
You may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps; or (iv) make the functionality of the Apps available to multiple users through any means.
Additional terms for Apple Applications
For any App Store Sourced Application obtained through the Apple App Store, you acknowledge and agree to the following:
- These Terms are concluded between you and Tastemade, and not with the Apple, and that Tastemade (not Apple), is solely responsible for the App Store Sourced Application. Apple has no obligation to furnish any maintenance and support services with respect to the App Store Sourced Application;
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App Store Sourced Application to conform to any warranty will be the sole responsibility of Tastemade. Apple is not responsible for addressing any claims that you or any third party may have relating to the App Store Sourced Application or your possession or use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- In the event of any third-party claim that the App Store Sourced Application or your possession or use of that App Store Sourced Application infringes that third party's intellectual property rights, Tastemade will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. You must also comply with all applicable third-party terms of service when using the App Store Sourced Application.
Free Trial for Subscription Services
We may offer to certain qualifying users Subscription Services on a free trial basis ("Free Trial") for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. In the event that such terms are not provided, please email email@example.com to confirm such terms.
Certain limitations may exist with respect to combining Free Trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously obtained Subscription Services. When you agree to a Free Trial, you are also agreeing to sign up for Subscription Services as described above and, consequently, unless you cancel your Subscription Services prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your Payment Method on a recurring monthly basis for the applicable monthly Charges (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription Services (seeCancellation of Subscription Services). Please note that you will not receive a notice from Tastemade that your Free Trial has ended and that payment for your Subscription Services is due.
If you wish to avoid Charges to your Payment Method, you must cancel your Subscription Services prior to midnight GMT on the last day of your Free Trial period (see Cancellation of Subscription Services). To the extent Subscription Services are offered in conjunction with purchase of, or payment for, third party products or services, you agree that Tastemade will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. We reserve the right to determine eligibility for Free Trials and to modify or terminate Free Trials at any time, without notice and in our sole discretion; provided that if you are already participating in a Free Trial, we will first provide you notice and obtain your consent for any changes that affect your Free Trial.
Alerts and notifications
As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside the apps providing the Services ("Push Messages"). If you decide to enable such Push Messages, you agree to receipt of communications from Tastemade via the Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging or data fees may occur relating to these Push Messages depending on the plan you have with your wireless carrier.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. If you provide us any Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You may cancel your account at any time by sending an email to us at email@example.com. If you want to cancel a Subscription Service, please see the "Cancellation of Subscription Service" section above.
We may, with or without prior notice, suspend and/or terminate any Service and/or your use of your account in the event that:
- you have breached any of these Terms;
- you fail to pay any correctly billed Charges when due; or
- you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent removal of any User Content submitted by you;
- immediate, temporary or permanent withdrawal of your right to use any Service;
- legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
Upon termination of any Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription Service):
- all rights granted to you under these Terms will immediately cease;
- you must promptly discontinue all use of the Services; and
- you must pay us all outstanding Charges and amounts that you owe us.
Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of liability
Nothing in these Terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any agreement between us shall not, in respect of any 12-month period (calculated from the date of commencement of the contract), exceed the charges payable by you for the relevant Services in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract between us that is caused by events outside our reasonable control.
Changes to Terms
We may change the Terms at any time, in our sole discretion. If we do so, you agree that Tastemade may notify you of the updated Terms by posting them on the Services, and that your use of the Services after the effective date of the updated Terms (or doing such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms.
It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may not transfer or assign any or all of your rights or obligations under any contract between us. Tastemade may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
These Terms may not be varied except with our express written consent.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract between us. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.
Any notices or other communications provided by Tastemade under these Terms, including those regarding modifications to these Terms, will be given by Tastemade via email or provided through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted, and for notices made through the Services, the date of access of the Services with such notice will be deemed the date on which such notice is transmitted.
These Terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these Terms or the Services will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
If you have any questions about these Terms or the Services please contact Tastemade at Tastemade International Ltd, 5 New Street Square, London, UK EC4A 3TW, or via e-mail at firstname.lastname@example.org