Updated on 5 February 2019
These terms of service and the documents referred to in them ("Terms") govern your access to and use of our services, including our website whisk.com ("our site"), applications, buttons, browser plugins and application programming interfaces (the "Service" or "Whisk"), and any recipes or other information, text, graphics, photos or other materials uploaded to, downloaded from or appearing on the Service (together the "Content"). Please read these Terms carefully before you start to use the Service. By using the Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Service.
1. Information about us
- The Service is operated by Foodient Ltd ("we" or "us"). We are a limited company registered in England and Wales with company number 8001091 and have our registered office at Cornwall House, 31 Lionel Street, Birmingham, B3 1AP. Our VAT number is 140606741.
- To register with Whisk you must be at least eighteen years of age. You must ensure that the details provided by you on registration or at any time after registration are correct and complete. You must inform us immediately of any changes to the information you provided when registering by updating your details via the Service.
3. Accessing the Service
- 3.1. Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice (see below).
- 3.2. We will not be liable if for any reason the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the Service as a whole, to users who have registered with us.
- 3.3. 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, and 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 opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
- 3.4. You are responsible for making all arrangements necessary for you to have access to the Service.
- 3.5. You are also responsible for ensuring that all persons who access the Service through your internet connection or your mobile device are aware of these Terms, and that they comply with them.
4. Intellectual Property Rights
- 4.1. We are the owner or the licensee of all intellectual property rights in the Service and the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 4.2. You may print off one copy, and may download extracts, of Content for your personal reference/use and, in accordance with the other provisions of these Terms, you may draw the attention of others to the Content but you are not permitted to make any other use of the Content without our express written consent.
- 4.3. You must not modify the paper or digital copies of any Content 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.
- 4.4. Our status (and that of any identified contributors) as the authors of Content must always be acknowledged.
- 4.5. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors.
- 4.6. If you use any part of the Content in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
5. No reliance on information
- 5.1. Commentary and other materials posted on the Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of the Content.
- 5.2. Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date. In particular, while we make every effort to ensure that all recipes clearly indicate if ingredients contain allergens or similar, it is your responsibility to ensure that such ingredients are suitable.
6. The Service changes regularly
We aim to update the Service regularly, and may change the Content at any time. If the need arises, we may suspend access to the Service, or close it indefinitely. Any of the Content may be out of date at any given time, and we are under no obligation to update such Content.
7. Our liability
- 7.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any Content, whether express or implied.
- 7.3. We will not be liable to any user 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 the Service or in connection with the use, inability to use, or results of the use of the Service, any websites, applications or browser plugins linked to it and any materials posted on it.
- 7.4. Please note that in particular, we will not be liable for:
- 7.4.1. loss of profits, sales, business, or revenue;
- 7.4.2. business interruption;
- 7.4.3. loss of anticipated savings;
- 7.4.4. loss of business opportunity, goodwill or reputation; or
- 7.4.5. any direct or consequential loss or damage
- 7.5. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes.
- 7.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- 7.7. The Content displayed on the Service is provided without any guarantees, conditions or warranties as to its accuracy or suitability. We do not endorse any of the products or services advertised or linked to our website and make no guarantee, promise or warranty as to their availability, reliability or quality.
8. Information about you and your visits to the Service
9. Transactions instigated through the Service
- Contracts for the supply of goods instigated through the Service as a result of your use are governed by the terms and conditions of the relevant supplier. We have no liability to you for any goods purchased by you as a result of using the Service.
10. Uploading Content to our Site
- 10.1. Whenever you make use of a feature that allows you to upload content to our Service, or to make contact with other users of our Service, you must comply with the content standards for acceptable use, set out in clause 14 below.
- 10.2. You warrant that any such contribution you make does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. For the avoidance of doubt this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- 10.4. 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 Service constitutes a violation of their intellectual property rights, or of their right to privacy.
- 10.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Service.
- 10.6. We have the right to remove any posting you make on our Service if, in our opinion, your post does not comply with the content standards for acceptable use, set out in clause 14 below.
- 10.7. The views expressed by other users of our Service do not represent our views or values.
11. Viruses, hacking and other offences
- 11.1. We do not guarantee that any element of our Service will be secure or free from bugs or viruses.
- 11.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- 11.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.
- 11.4. You must not misuse the Service by knowingly introducing viruses, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is hosted or any server, computer or database connected to the Service. You must not attack the Service 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 the Service will cease immediately.
12. Linking to the Service
- 12.1. You may link to the home page of our website or to our applications on the appropriate application site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- 12.2. 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.
- 12.3. You must not establish a link from any website that is not owned by you.
- 12.4. The Service must not be framed on any other site, nor may you create a link to any part of the Service other than the home page of our website or to our applications as described above.
- 12.5. We reserve the right to withdraw linking permission without notice.
- 12.6. Any linking must comply in all respects with the content standards set out in clause 14.
- 12.7. If you wish to make any use of material on the Service other than that set out above, please address your request to [email protected].
13. Third Party links from the Service
- 13.1. Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only.
- 13.2. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- 13.3. You must not establish a link from any website that is not owned by you.
14. Acceptable use
You may only use the Service for lawful purposes. You may not use any part of the Service:
- 14.1. in any way that breaches any applicable local, national or international law or regulation;
- 14.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 14.3. for the purpose of harming or attempting to harm minors in any way;
- 14.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in this clause 14;
- 14.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- 14.6. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 14.7. Not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of these Terms.
- 14.8. Not to access without authority, interfere with, damage or disrupt:
- 14.8.1. any part of our Service;
- 14.8.2. any equipment or network on which our site is stored;
- 14.8.3. any software used in the provision of our Service; or
- 14.8.4. any equipment or network or software owned or used by any third party
- 14.9. We may from time to time provide interactive services within any part of the Service, including, without limitation, discussion boards and other social media functions (interactive services).
- 14.10. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service the Service provides, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- 14.11. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- 14.12. These content standards apply to any and all material which you contribute to the Service (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- 14.12.1. be accurate (where they state facts);
- 14.12.2. be genuinely held (where they state opinions); and
- 14.12.3. comply with applicable law in the UK and in any country from which they are posted.
- 14.13. Contributions must not:
- 14.13.1. contain any material which is defamatory of any person;
- 14.13.2. contain any material which is obscene, offensive, hateful or inflammatory;
- 14.13.3. promote sexually explicit material;
- 14.13.4. promote violence;
- 14.13.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 14.13.6. infringe any copyright, database right or trade mark of any other person and you will abide by the terms of our Copyright Policy;
- 14.13.7. be likely to deceive any person;
- 14.13.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- 14.13.9. promote any illegal activity;
- 14.13.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- 14.13.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
- 14.13.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- 14.13.13. give the impression that they emanate from us, if this is not the case; or
- 14.13.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination:
- 14.14. We will determine, in our discretion, whether there has been a breach of the Terms by your use of the Service. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use the Service, and may result in our taking all or any of the following actions:
- 14.14.1. immediate, temporary or permanent withdrawal of your right to use the Service;
- 14.14.2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Service;
- 14.14.3. issue of a warning to you;
- 14.14.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- 14.14.5. further legal action against you; and/or
- 14.14.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 14.15. We may take action in addition to that referred to at clause 14.14 that we reasonably deem appropriate. We exclude liability for actions taken in response to breaches of these Terms.
15. Jurisdiction and applicable law
- The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16. Trade marks
"Whisk" is a UK registered trade mark of Foodient Ltd.
We may revise these Terms at any time. You are expected to check these Terms from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Service.
18. Your concerns
If you have any concerns about Content which appears on the Service, please contact [email protected].
Thank you for using Whisk.