These Terms of Use apply to the use of this App. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.
DEFINITIONS
“App” means the Save A Meal software application for mobile phones and tablet computers.
“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.
“We”, “our” and “us” means Venidu Creations ABN 85 104 853 772, Save A Meal, and includes all employees, directors, and contractors from time to time.
“You” means each of the end user, subscriber or Advertiser (as relevant).
SUBSCRIPTIONS
You must register and pay your subscription fee in advance in order to access our App services. The fee may be automatically renewed unless you or we cancel the subscription in accordance with the below Cancellation terms or you change the in-App settings to prevent and stop the auto-renew function.
SUBSCRIPTION CANCELLATION
You are solely responsible for cancelling your subscription. You may cancel through the App or by notifying us at our contact details provided. Any other type of cancellation will not be considered. If you cancel your subscription during a billing cycle, you must do so at least 7 days prior to the next payment becoming due so that you will not be charged the subsequent fee. On cancellation of your subscription, all of your content, material and links will be deleted.
SUBSCRIPTION TERMINATION
We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.
SUBSCRIPTION REFUNDS
There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
GENERAL
By using this App, you authorize us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App.
You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.
Unless otherwise specified, the App and associated services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.
You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
MODIFICATION OR TERMINATION OF APP
We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.
From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.
LIABILITY
Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.
In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
DISCLAIMER FOR RELIANCE ON CALCULATIONS
The calculations of food wastage and other information contained in or resulting from our App is based on your own inputs, descriptions and the information you have provided and input. The estimations that may be calculated or output on the App are general only and designed to provide a general guide for food usage and wastage.
We give no warranty, express or implied, as to the accuracy, reliability and completeness of the any information or calculations provided by your use of our App. We do not accept any liability for loss or damage whatsoever which may be attributed to reliance on or use of our App. We cannot be responsible for the accuracy of any dates, numbers, prices, food calculations or other information you may enter or how you may interpret this information. You need to assess this information and the results yourself prior to relying on any information and determine whether it is suitable for your own use.
Further, we are at no time responsible or liable for your reliance on your choice of food product and you are reliant on the representations of the manufacturer, seller, or business including for any source, safe handling, labelling, expiry dates, and use. We do not, in any event, accept any liability for any loss, injury, damage including but not limited to any indirect or consequential loss or damage, death or illness resulting from any reliance on use of the App.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.
All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.
You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorized use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
PRIVACY POLICY
You can access our privacy policy at Mobile App Privacy Policy.
GOVERNING LAW
These Terms of Use are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of NSW for determining any dispute concerning these Terms of Use.