General Terms and Conditions
Please read these terms and conditions ('Terms and Conditions') carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By accepting the Product(s) purchased from foodandfizz, you agree to be bound by and accept the terms and conditions set forth herein. Any attempt to alter, supplement or amend this document or to enter an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and foodandfizz. A binding contract will only be formed upon foodandfizz giving notice of its formal acceptance of an order. An acknowledgment of receipt of an order shall not constitute acceptance of an order. These terms and conditions are effective from 25 July 2007, and are subject to change without prior written notice at any time, at foodandfizz' sole discretion. We strongly recommend that you print a copy of these terms and conditions for your own records.
foodandfizz is the online presence of iFoods Ltd (registered in Ireland under number 441337) whose registered office is at foodandfizz, Unit 9, Bay 2, The Digital Depot, The Digital Hub, Roe Lane, Dublin 8, Ireland.
- i. "foodandfizz", "we" or "us" and/or "our" means foodandfizz, the Product and/or Service vendor;
- ii. "User" "you" or "yours" means a natural person or company who orders Products or Services from foodandfizz;
- iii. "Contract" is the contract containing these terms and conditions, formed by foodandfizz' acceptance of your order, and credit card or other payment details;
- iv. "International" refers to selling into any country outside of Europe and the EU member states. Switzerland and Norway do not fall under 'International' as they are within Europe;
- v. "Products" are the products listed for sale on the foodandfizz website;
- vi. "Services" are any services available from foodandfizz made available from time to time through foodandfizz websites, whether those services require a fee to be paid to foodandfizz or not;
- vii. "Website" means www.foodandfizz.com or any successor website used by foodandfizz to provide Products or Services.
2) APPLICATION OF AND CHANGES TO THESE TERMS AND CONDITIONS
By accessing or using our Website you signify that you have read, understood and agree to be bound by these Terms and Conditions whether or not you are a registered member of foodandfizz. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on the Website and will indicate the date these terms were last revised. Your continued use of the Services or the Website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Services or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions and to review such changes.
foodandfizz trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of foodandfizz.
4) ACCESS TO THE SERVICES
In order to gain access to the Services, the User must:
- i. provide all equipment, including a computer and modem, necessary to establish a connection to the Web;
- ii. provide for the User's own access to the internet and pay any telephone or other connection and service fees associated with such access;
- iii. pay the Services fees where applicable as determined by foodandfizz from time to time.
- iv. Written confirmation of subscription to any of the Services shall be provided to the User at the e-mail address supplied during registration.
The User has a period of seven working days from the date of registration to withdraw from subscription without penalty and without giving any reason by giving notice in writing. Following that period the User can cancel subscription at any time by giving notice in writing without prejudice to any rights that may have accrued to foodandfizz.
5) PERSONAL INFORMATION
Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to:
- i. provide true, current, complete, and accurate information about the User as prompted to do so when subscribing for the Services, and
- ii. maintain and promptly update this information as required to keep it true, current, complete and accurate. Information can be updated through the members section of the Website. foodandfizz accepts no responsibility for any direct or indirect loss or damage suffered by a User resulting from the User's failure to provide foodandfizz with their up to date personal information.
If the User provides any information that is untrue, not current, incomplete or inaccurate, or foodandfizz has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, foodandfizz has the right to suspend or terminate the User's use of the Services.
All information requested on original sign up shall hereafter be referred to as "Registration Information". This Registration Information will be retained by foodandfizz, and any of its co-branding partners if applicable, for no longer than is necessary to provide the Services to the User.
Unless the User has agreed to the use of the Registration Information for direct marketing purposes by foodandfizz, its co-branding partners or selected third parties, foodandfizz agrees to use the Registration Information only for the purpose of supplying the Services to the User. Users who have agreed to the use of the Registration Information for direct marketing purposes may "opt-out" in writing at any time. foodandfizz does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the User agrees that foodandfizz shall not have any liability with respect thereof.
foodandfizz reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the Terms and Conditions; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of foodandfizz, its users and the public.
6) USER ACCOUNT, PASSWORD, AND SECURITY
The User is entirely responsible for maintaining the confidentiality of the User's password and account details, and for any and all activities which occur under the User's account. The User agrees to immediately notify foodandfizz of any unauthorized use of the User's account, password, or any other breach of security known to the User. foodandfizz will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's password or account, either with or without the User's knowledge or consent. However the User may be held liable for losses incurred by foodandfizz or any other party as a result of someone else using or accessing the User's password or account. The User will not use anyone else's account at any time without the permission of that account holder. The User may change his/her password or profile by following instructions on the Website.
7) USER CONDUCT
You understand that, except for advertising programs offered by us on the Website, the services and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise published or displayed (hereinafter, "post" or "posted"), transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You may be liable to foodandfizz and any third party whose rights have been violated or infringed by your use of the Services.
In addition, you agree not to use the Site or the Service to:
- Harvest or collect e-mail addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
- use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that:
- i. are of you or your friends;
- ii. are taken by you or your friends;
- iii. are original art or animation created by you or your friends;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the other User, or create a false identity on the Service or the Website.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of foodandfizz, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose foodandfizz or its users to any harm or liability of any type.
foodandfizz reserves the right to remove any content posted on the Website which, in its sole discretion, breaches this, or any other, section of the Terms and Conditions.
8) USER CONTENT
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, listings, and other content that you upload, post on or through the Service or the Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Website or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove (without notice) any Website content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates these Terms and Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to foodandfizz an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
All notices to User shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. foodandfizz may broadcast notices or messages through the Services and such broadcasts shall constitute notice to the User.
11) PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by the Website or Services, by foodandfizz, our advertisers, or other Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited personal license for the User's own personal, non-commercial use for the Site and Services unless expressly otherwise authorized by foodandfizz and in particular is only granted a limited personal license to refer to, bookmark or point to any page within the Website, or to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.
The User agrees to indemnify, defend (at foodandfizz' request), and hold foodandfizz, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the User's use of the Services or any part thereof, the violation of these Terms and Conditions or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by the User or third parties of the User's passwords or accounts.
13) COMPLAINTS PROCEDURE
Any abuse of the Services, including but not limited to the violation of these Terms and Conditions or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to foodandfizz at firstname.lastname@example.org.
14) MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
foodandfizz reserves the right at its sole discretion to modify or discontinue the Website or Services, or any portion thereof, at any time, with or without notice to the User. foodandfizz shall not be liable to the User or any third party should foodandfizz exercise its right to modify or discontinue the Website or Services. No refunds will be granted to any Users who have paid fees for Services in this instance.
15) TERM AND TERMINATION
- i. foodandfizz reserves the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User is in breach of the Terms and Conditions.
- ii. foodandfizz shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof.
- iii. foodandfizz reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription. The User can renew the subscription within 14 days only, following the expiry of the subscription period. After this 14 day period the User who has not renewed his / her subscription will not be able to access his / her account and all data and information relating to the account will be deleted. The Username will subsequently be made available for purchase by a different User. If the User seeks to renew an expired subscription and account, foodandfizz, at its sole discretion, may allocate a new account to the User.
16) THIRD PARTIES
- i. E-mail Marketing foodandfizz and/or third parties may, from time to time, send e-mail messages to the User containing advertisements, special promotions, and other marketing subject to the User's permission. The User must decide to "opt-in" to our e-mail messages during the registration process or through a link on the Website if they wish to receive any e-mail services, newsletters, special promotions or other marketing materials ("Opt-in E-mail Programmes"). foodandfizz has the right to partner with any e-mail marketers to provide these Opt-in E-mail Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Opt-in E-mail Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that foodandfizz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- ii. Links The Site or Services may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of foodandfizz and the User agrees that foodandfizz is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by foodandfizz or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that foodandfizz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website or Services.
17) DISCLAIMER OF WARRANTIES
- i. foodandfizz provides the Website and Services on an "as is" and "as available" basis, and the User uses the Website and Services at his/her sole risk.
- ii. foodandfizz shall not be responsible for the effect or result of the introduction or entry of any virus into the Website and /or one or any of the Services.
- iii. foodandfizz makes no warranty that the Website or Services will meet the User's requirements; nor that the Website or Services will be uninterrupted, timely, secure, or error free; nor does foodandfizz make any warranty as to the results that may be obtained from the use of the Website or Services; nor as to the accuracy or reliability of any information obtained through the Website or Services; nor that defects in the Website or Services will be corrected.
- iv. foodandfizz expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- v. The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Website or Services is done at the User's own discretion and risk. foodandfizz is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
- vi. foodandfizz makes no warranty regarding any goods or services purchased or obtained through the Website or Services or any transactions entered into through the Website or Services.
- vii. No advice or information, whether oral or written, obtained by the User from foodandfizz shall create any warranty not expressly made herein.
18) LIMITATION OF LIABILITY
foodandfizz shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if foodandfizz has been advised of the possibility of such damages, howsoever arising, out of use of the Website or Services.
These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and foodandfizz agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of foodandfizz and any attempted assignment and delegation without such consent shall be void and without effect. foodandfizz shall be entitled to assign this agreement. These Terms and Conditions shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
21) NO AGENCY
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
Any waiver (express or implied) by either party of any breach of this Terms and Conditions shall not constitute a waiver of any other or subsequent breach. No provision of the Terms and Conditions will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party. In particular but without prejudice foodandfizz' failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by foodandfizz in writing.
The section titles in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.
25) COMPETITION RULES
By becoming a member of foodandfizz you represent that you have all necessary rights, including but not limited to any model release and/or written permission to include photos, videos and text recipes and you hereby grant foodandfizz, and its affiliated companies and divisions, publication and use rights of the submitted materials. This rule also applys to all content uploaded in relation to the foodandfizz Brownie Point Competition (the 'Competition').
By participating in this competition, all entrants acknowledge and understand that they release and hold harmless foodandfizz, its parent company, subsidiaries, affiliates, directors, officers, employees, agents and advertising and promotional agencies from any and all liability or any injuries, loss or damage of any kind, arising from or in connection with this competition, any third parties' use in connection with or apart from the competition, or the use of any benefit received, and further, from any claims or damage arising from others' use, display, copying, modifying, publishing, exhibiting or creating works from any entries, and further from the decisions of foodandfizz in connection with the competition.
Members agree to abide by and be bound by these official rules and the decisions of foodandfizz, which are final on all matters relating to this competition. If declared a winner, winners must certify that all uploaded content is original, created and written solely by the entrant, that it is not a derivative work based on the protected work of another, and that no other person or entity holds rights to the uploaded content or any of its components.
The Competition is operated "as is" and foodandfizz is not responsible for any problems uploading or downloading any competition-related information from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, or networks, including, the loss, damage, or corruption of entrants' data or information, whether on its own servers, or otherwise. foodandfizz is not responsible for computer hardware or software failures, phone lines, failure of any uploaded content to be received for any reason, including, but not limited to technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a members ability to participate in this Competition. foodandfizz reserves the right to modify, suspend or terminate the Competition in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Competition in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes beyond its control corrupt the administration, security, fairness, integrity or proper play of the Competition. foodandfizz' total collective legal and equitable liability to all entrants arising out of any single Competition is limited to the total prize money to be distributed in connection with such Competition.
Falsifying of foodandfizz accounts or other e-mail accounts in order to gain advantage in the Competition will be seen as a breach of Competition rules and will result in disqualification from the Competition and termination of membership.
foodandfizz reserves the right to disqualify and remove any content that is offensive, or any posting that is not related to the competition or is considered abusive, in foodandfizz' sole and absolute discretion. foodandfizz reserves the right to terminate the membership of a user who violates these rules.