Terms and Conditions

LiberEat Limited is a company incorporated in Scotland with company number SC546726 and having its registered office at The Silver Fin Building, Union Street, Aberdeen, AB11 6DB (“LiberEat“, ” we“, “us“, “our“). Our website is www.libereat.com (the “Site“) and our mobile app is called LiberEat (the ” APP“).

Set out below are the terms and conditions (the “Terms“) you are agreeing to when you use (however you access it including from a mobile device) the Site and/or the APP. These Terms cover (i) the download of the APP through the Site or from any App Store and (ii) use of the Site.

You should read, and ensure that you understand, all of the Terms prior to using the Site and/or the APP. If you do not agree to be bound by these Terms then you should not use the Site and/or download or use the APP.

1 General

1.1 By installing the APP you agree to be bound by these Terms. Please review them carefully before installation and/or acceptance.

1.2 It is free to download and use the APP.

1.3 You are entitled to uninstall the APP at any time using the uninstall option within the APP.

1.4 By using the Site and/or the APP, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.

1.5 We do not represent that any material on the Site and/or the APP is appropriate for use in locations other than the United Kingdom and will not be liable for any losses incurred as a result of such use. If you choose to access the Site and/or the APP from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.

1.6 By submitting information to the Site, you agree that, whilst we may contact you in relation to the information you have provided, we are not obliged to provide you with any particular service.

1.7 We make no warranty that the contents of the Site and/or the APP are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

1.8 We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Site or obtained by using the APP. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Site and/or obtained via the APP is at your own risk.

1.9 We have taken every care in the preparation of the content of the Site and the APP, however we cannot guarantee uninterrupted and totally reliable access to the Site or other services provided through the APP, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and/or obtained via the APP and will accept no liability for any loss or damage arising as a result of problems with access.

1.10 We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site and/or obtained via the APP.

1.11 By using the APP you will access information provided by third parties in relation to their products and/or services. We are not responsible for any data they upload or otherwise provided to you. If they provide hypertext links these may lead you to other websites which are not under our control. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any website which is not under our control [LT1] .

1.12 We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.

1.13 We may suspend the Site and/or operation of the APP or any part of it at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.

1.14 We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site. Your continued use of the Site and/or the APP (or any part thereof) following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms have been changed. If you do not agree to any change to the Terms, you must stop using the Site and the APP with immediate effect.

1.15 If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.

1.16 All liability is excluded to the maximum extent permitted by law including any implied terms.

1.17 The exclusions of liability set out in these Terms shall not apply to any damages arising from death or personal injury caused by our negligence, or any of our employees or agents.

1.18 Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.

1.19 Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.

2 The APP

2.1 The APP is currently made available to you free of charge for your personal, non-commercial use. LiberEat reserves the right to amend or withdraw the APP, or charge for the APP or service provided to you in accordance with these Terms, at any time and for any reason.

2.2 Your right to download, install and/or use the APP is also governed by the terms and conditions, as notified to you from time to time as part of the procedure concerning your access to the relevant app store which was used to purchase the APP.

3 Your details

3.1 In order to download and use the APP or the Site you are required to register and provide certain information about yourself (” Personal Information“) and where you do this you agree:

3.1.1 to provide true, accurate, current and complete Personal Information as prompted by the relevant registration form;

3.1.2 to maintain and promptly update your Personal Information (by updating it on the Site in the profile section, or by sending an appropriately worded email to [email protected] to keep it true, accurate, current and complete; and

3.1.3 that you will not impersonate any other entity or use a false name that you are not authorised to use.

3.2 You may withdraw your consent at any time by uninstalling the APP which will result in all your Personal Information and your profile being removed.

4 Prohibitions of use

4.1 We prohibit the use of the Site and/or the APP for any unlawful purpose. In addition to this, you agree not to use, nor allow any person under your control to use, the Site and/or the APP for the following purposes:

4.1.1 posting any incomplete, false or inaccurate information;

4.1.2 posting any information which is subject to confidentiality provisions (implied or express);

4.1.3 posting any information which, in our reasonable opinion, we consider to be defamatory, offensive, obscene, threatening, racist, sexist or discriminatory;

4.1.4 deleting, amending or in any way altering any material which has not been posted by you;

4.1.5 posting materials which are not your own work (in whole or in part) without having the consent of the original author; or

4.1.6 making use of the Site, the APP and/or the materials in a way which infringes the intellectual property rights of any other party.

4.2 In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or the APP and/or your use of the Site and/or the APP is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.

4.3 Notwithstanding any other provision of these Terms, we may, at any time and for any reason, terminate these Terms with you and deny you access to the Site.

4.4 You will not, nor allow third parties on your behalf to:

4.4.1 make and distribute copies of the APP;

4.4.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the APP; or

4.4.3 create derivative works of the APP of any kind whatsoever.

5 Intellectual property

5.1 The copyright and all other intellectual property rights in the material contained on the Site and the APP, together with the website design, images and source code, belongs to us and all rights are reserved.

5.2 You warrant that you have authority to post any material that you post on the Site.

5.3 You grant to us a non-exclusive, perpetual, irrevocable, royalty-free licence to use any material that you post on the Site or via the use of the APP in accordance with these Terms.

5.4 You warrant that you will neither:

5.4.1 resell, transfer or provide to any other person the use of or access to the Site or the APP; nor

5.4.2 allow any other person access to any password, user ID or account information held by you in connection with the Site or the APP.]

5.5 We grant to you a non-transferable, non-exclusive, revocable, royalty-free licence to:

5.5.1 to use the APP for your personal use in accordance with these Terms; and

5.5.2 view and print the content of the Site for your personal and non-commercial use only.

6 Data protection

Any personal information you supply to LiberEat when using the APP and/or the Site will be used by LiberEat in accordance with its Privacy Policy which can be viewed here www.libereat.com/privacy-policy.

7 Mobile provider

7.1 You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider“) will continue to apply when using the APP. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the APP or any such third party charges as may arise. You accept responsibility for any such charges that arise.

7.2 If you are not the bill payer for the mobile telephone or handheld device being used to access the APP, you will be assumed to have received permission from the bill payer for using the APP.

8 Availability

8.1 This APP is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. LiberEat will use reasonable efforts to make the APP available at all times. However you acknowledge the APP is provided over the internet and mobile networks and so the quality and availability of the APP may be affected by factors outside LiberEat’s reasonable control.

8.2 LiberEat does not accept any responsibility whatsoever for unavailability of the APP, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP being unavailable.

8.3 LiberEat will not be responsible for any support or maintenance for the APP.

9 System requirements

9.1 In order to use the APP, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements“).

9.2 The Software Requirements are as follows: Apple iOS devices running at least iOS 8 and Android OS devices running at least Android OS 4.4; Language: English.]

9.3 The version of the APP software may be upgraded from time to time to add support for new functions and services.

10 Termination

10.1 LiberEat may terminate use of the APP at any time by giving notice of termination to you.

10.2 You may terminate use of the APP at any time by uninstalling the APP.

10.3 Upon any termination:

10.3.1 the rights and licences granted to you herein shall terminate; and

10.3.2 you must cease all use of the APP.

11 Limitation of liability

11.1 In no event will LiberEat be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the APP, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

11.2 LiberEat is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the APP.

11.3 Nothing in these Terms shall exclude or limit LiberEat’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

12 Disclaimer of warranties

To the maximum extent permitted by law, and for the avoidance of doubt, LiberEat hereby disclaims all implied warranties with regard to the APP. The APP and software are provided “as is” and “as available” without warranty of any kind.

13 Governing law

These Terms shall be governed by and construed in accordance with laws of England and Wales. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the courts of England and Wales.