WHAT’S IN THESE TERMS?
These terms tell you the terms and conditions (“Terms” or “Agreement”) for using our Plate-Up App mobile application software (“App”) available for download on the App Store, our websites including www.Plateup.app (“Websites”) and our connected products and services (which we collectively refer to in these terms and conditions as the “Services”).
WHO WE ARE AND HOW TO CONTACT US
Plate-Up Limited is a limited liability company with its registered address at Plate-Up Limited, Medina House, 2 Station Avenue, Bridlington East Riding of Yorkshire, YO16 4LZ, United Kingdom, with company number 1139474 and VAT number 324 8712 02 (collectively referred to as “Company”, “we”, “us” or “our” in this policy). Please contact us by emailing firstname.lastname@example.org.
BY USING OUR SERVICES, YOU ACCEPT THESE TERMS
By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. We may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on our Website. The changes take effect when we post the Terms on our Website. We recommend that you print a copy of these Terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
WE MAY MAKE CHANGES, SUSPEND OR WITHDRAW OUR SERVICES
We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities. We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. Our Services are directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.We reserve the right at our absolute discretion to stop your access to our Services at any time without giving any reasons for our decision.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We note that your passwords for certain of our third party grocery delivery partners may be stored on your device. By accepting these Terms, you consent to these passwords being stored locally on your device. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Services for your personal use and you may draw the attention of others within your organisation to content posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any breach may result in legal action against you.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date. We do not make representation that the content or Services are suitable for a particular use by you or your family. Our content and Services are provided on an ‘as is’ basis and the use of our content and Services are at your own risk.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
*Prices displayed in the onboarding section correct as of 31st May 2023.
We enable grocery shopping lists associated with our meals and plans to be purchased and delivered by various third-party supermarkets. However, we do not sell, collect payment for or deliver groceries and any related delivery services between you and such third-party supermarkets. We have no control over the contents of those sites or resources.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in these Terms.
Under no circumstances will we be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. You should always seek the advice of a physician or registered dietician for your own specific conditions or dietary needs. We will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
If you are dissatisfied with any portion of the Services, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Services. For the avoidance of doubt, we will not be liable for your losses caused by any unauthorised use of your account, you may be liable to others as well as to us if your account is used in violation of these Terms.
You agree to defend, indemnify and hold harmless Plate-Up Limited, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Contribution caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Services.
In no event shall our aggregate liability to you under this Agreement exceed the lesser of £100 pounds Stirling and the amounts paid by you for the Services (if any) during the previous twelve (12) months from the date giving rise to such claim.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any content on it, including but not limited to, any nutritional information. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards. These content standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.
The Contribution must comply with all applicable laws in spirit as well as to the letter; be accurate (where it states facts); be genuinely held (where it states opinion). The standards apply to each part of any Contribution as well as to its whole. The Contribution must not be defamatory of any person; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate; promote sexually explicit material; include child sexual abuse material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be in contempt of court; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person; give the impression that the Contribution emanates from Plate-Up Limited, if this is not the case; advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or contain any advertising or promote any services or web links to other sites. You represent and warrant that any such Contribution does comply with those standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Services an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, store and copy that content and to distribute and make it available to third parties without compensation of any kind to your or any third party. If you post comments on the Services to any website, blog or social media outlet you authorise us to quote you commentary on our Services and in our advertising or social media outlets which we may create or contribute to. The rights you license to us are described in Rights you are giving us to use material you upload. In the event a contributor and Plate-Up Limited enter into other specific contracts in relation to Contributions the Terms shall be read in conjunction with those contracts.
Removal of a Contribution from your account will automatically result in the deletion of the relevant files from our systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Contribution is distributed to a linked service, we are not obligated to ensure the deletion of your Contribution from any servers or systems operated by the operators of any linked service, or to require that any user of the Services or any linked service deletes any of your Contributions. Furthermore, your Contribution to be available for offline Services, after deletion of an item of your Contribution or removal from the ability for other users to use the applicable Contribution offline, the applicable Contribution may still be temporarily available to other users of the Services who saved the applicable Contribution for offline use on their devices, but no longer than 30 days from the time of deletion.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out above. You are solely responsible for securing and backing up your content. We do not store terrorist content.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Website is stored or any server, computer or database connected to our Services. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our Website pages or provide a link to download our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. Our Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to link to or make any use of content on our Services other than that set out above, please contact firstname.lastname@example.org.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These Terms are personal to you and, as a result, you may not, without the prior written consent of Plate-Up Limited, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
Any failure by us to enforce any aspect of the terms of this Agreement will not affect our right to require performance at any subsequent time, nor will the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself. No waiver or election to affirm any waiver shall be effective unless in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy.
If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
All notices given by you to us must be sent to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when subscribing, or in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
These Terms and any terms expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any agreement. By entering into this Agreement you confirm that you have not relied on any representation or warranty that is not set out in these Terms.
GOVERNING LAW AND JURISDITION
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Unless it expressly states otherwise, a person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Agreement.
OUR TRADE MARKS AND INTELLECTUAL PROPERTY RIGHTS
Trademark UK00003390772 is a UK registered trade mark of Plate-Up Limited. You are not permitted to use it without our prior written approval, unless they are part of material you are using as permitted under How you may use material on our site.
We respect all aspects of intellectual property rights of other and require that users and contributors to our Services do the same. Copyright law does not protect recipes that include only listings of ingredients. However, copyright protection may extend to a description, explanation, or illustration that accompanies a recipe of formula or a combination of recipes in a meal plan or recipe book. Should you have a copyright complaint, please contact our legal team at Legal@plateup.app.