myfood24 End User Licence Agreement
PLEASE READ CAREFULLY BEFORE USING THE MYFOOD24 SOFTWARE
This end-user licence agreement (“EULA“) is a legal agreement between you and DIETARY ASSESMENT LIMITED, a spinout company from the University of Leeds, incorporated in England and Wales, under number 10568730, whose registered office is at Nexus, Discovery Way, University Of Leeds, Leeds, West Yorkshire, LS2 3AA (“we“, “us“, “our“) for the use of the myfood24 software (the “Software”). Access to the Software will be indirectly provided to you by URL link by your healthcare professional (“Healthcare Professional“).
- BY SELECTING THE CHECK BOX BELOW YOU AGREE THAT YOU ACCEPT THIS EULA AND THAT YOU ARE LEGALLY BOUND BY ITS TERMS, IN PARTICULAR, THE PRIVACY NOTICE REFERENCED AT CONDITION 1.3, THE LIMITATIONS ON LIABILITY IN CONDITION 7 AND THE MEDICAL DISCLAIMER IN CONDITION 8.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST INFORM YOUR HEALTHCARE PROFESSIONAL AND YOU MUST NOT REGISTER TO USE THE SOFTWARE.
- IF YOU DO NOT AGREE TO THE TERMS OF THE PRIVACY NOTICE YOU MUST NOT REGISTER TO USE THE SOFTWARE.
1.1. The terms of this EULA apply to the Software including any updates or supplements to the Software, unless they come with separate terms, in which case those terms apply.
1.2. We reserve the right to change the design, scope and functional content of the Software.
1.4. The Software may contain links to other independent third-party websites (“Third-party Sites“). Third-party Sites, including the Healthcare Professional’s website, are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Your licence to use the Software
2.1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to register and use the Software, subject to the terms of this EULA. We reserve all other rights.
3. Licence restrictions
3.1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent as otherwise provide by law;
- not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person without our prior written consent,
together the “Licence Restrictions“.
4. Acceptable use restrictions
4.1. You must:
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or is in our opinion, otherwise objectionable in relation to your use of the Software;
- not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Software or attempt to decipher any transmissions to or from the servers running the Software
together the “Acceptable Use Restrictions“.
4.2. If you act in breach of this EULA, we reserve the right to take appropriate counter measures. If deemed necessary, in our full discretion, we may restrict your ability to use the Software in whole or in part, without prior notice. We may use our absolute discretion in interpreting whether or not you are in breach of this EULA.
5. Intellectual property rights
5.1. You acknowledge that all intellectual property rights in the Software belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use in accordance with the terms of this EULA.
5.2. All intellectual property rights and other proprietary rights to the material used in, for or in connection with the Software, including without limitation applicable trade marks and software and all information (including text and pictures) provided, belong to us or our licensed third parties and are or may be protected by intellectual property right laws and international treaties.
5.3. Where you submit any contribution or material (“Contribution”) to the Software, you grant the Company a perpetual, non-exclusive, world-wide, royalty-free licence to copy, reproduce, modify, publish, broadcast, transmit, display, perform, create derivative works from, translate, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution in any media for the for the full term of any rights that may exist in your Contribution.
6.1. We have used reasonable skill in providing the Software for you to use. However, we make no representations or warranties of any kind that the Software will be uninterrupted or error-free. The Software is provided “as is” and may contain bugs and errors and may, further, occasionally be unavailable in whole or in part due to technical maintenance or interruptions in communications. We shall not be liable for any consequences of any such bugs/errors or technical disruptions, including without limitation any loss or distortion of any data.
6.2. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.
6.3. We only supply the Software to you for private use. You agree not to use the Software for any commercial, business or resale purposes.
7. Limitation of liability
7.1. Nothing in this EULA shall limit or exclude our liability for; death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.
7.2. Subject always to clause 7.1, we shall not be liable to you for:
- whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: loss of profits; loss of business; depletion of goodwill and/or similar losses; or loss or corruption of data or information; or pure economic loss; or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in connection with this EULA; and
- our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with this EULA shall not exceed £250 (two hundred and fifty pounds).
8. Medical Disclaimer
8.1. NEITHER THE CONTENT OF THE SOFTWARE NOR ANY CONTENT ON OUR WEBSITE (www.myfood24.org) IS INTENDED TO PROVIDE ANY FORM OF MEDICAL ADVICE TO ANY PERSON AND NEITHER THE CONTENT OF THE SOFTWARE OR CONTENT ON OUR WEBSITE SHOULD BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT FROM YOUR HEALTHCARE PROFESSIONAL.
8.2. PLEASE BE AWARE THAT THE DIET-OPTIMISATION ENGINE TOOL WITHIN THE SOFTWARE / WEBSITE OPERATES TO MAKE DIET RECOMMENDATIONS BASED ON A NUMBER OF FACTORS. HOWEVER, THE DIET-OPTIMISATION ENGINE TOOL DOES NOT ACCOUNT FOR DIETARY ALLERGIES OR ANY EXISTING MEDICAL CONDITIONS YOU MAY HAVE, CONSEQUENTLY, YOU AGREE THAT:
- YOU SHALL NOT UTILISE THE DIET-OPTIMISATION ENGINE TOOL IF YOU HAVE ANY DIETARY ALLERGIES; AND
- YOU SHALL NOT UTILISE THE DIET-OPTIMISATION ENGINE TOOL IF YOU HAVE ANY EXISTING MEDICAL CONDITIONS UNLESS A MEDICAL PROFESSIONAL HAS APPROVED YOUR USE OF SUCH TOOL.
8.3. Any information provided on the Software or on our website is used by you solely at your own risk. You should always consult your Healthcare Professional before starting a fitness program, changing your diet, or if you have any questions regarding a medical condition.
9. Data Protection
9.1. We agree to comply with the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 in our processing of your personal data.
10.1. We may, in our sole discretion, if we consider you are in breach of this EULA:
- suspend or terminate the operation of the Software at any time without prior notice to you and without the need to give you reasons for such a termination or suspension; and/or
- terminate your user account at our own discretion.
10.2. On termination for any reason all rights granted to you under this EULA shall cease and you must immediately cease all activities authorised by this EULA, including your use of the Software.
11. Communication between us
11.1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by clicking here. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your registration for the Software.
12.1. Nothing in this EULA is intended to nor shall it confer any benefit on a third party whether under the Contracts (Right of Third Parties) Act 1999 or otherwise. You may not assign or transfer your rights under this EULA without our prior written permission.
12.2. Our failure at any time to enforce any right we may have does not result in waiver of such right.
12.4. This EULA is subject to the laws of England and Wales. Any disputes under this EULA shall be settled in the courts of England and Wales.
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