Terms of Service - United Kingdom
TERMS OF SERVICE
Terms and Conditions
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
If you wish to contact Feastables, you can email us at email@example.com. You can also write to us at the following address: Icon Foods Limited, Unit 12, Lindred Road, Lomeshaye Industrial Estate, Nelson, Lancashire BB9 5SR.
Users will only receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or app-based enrolment forms. Users will only receive marketing mobile messages at the phone number provided at the time of your registration. Message and data rates may apply and message frequency varies, please see further details at Section 4.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You acknowledge that our text message platform may not recognise and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command. If you prefer, you can opt-out on the website by following this link.
Cost and Frequency
Message and data rates may apply with your mobile network service provider based on your mobile plan and this may result in additional charges to your usual mobile bill so please ensure you have reviewed your mobile plan with the following details in mind. The message frequency will be no more than two (2) unsolicited messages per month in any case. Note that these two (2) messages per month do not include additional messages you may receive based on your interactions with Us, including when you contact Us using our email or postal address .
For support regarding the Program, text "HELP" to the number you received messages from or email us at firstname.lastname@example.org. [Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your mobile network service provider. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your mobile network service provider/network operator and is outside of Our control. Mobile network service providers are not liable for delayed or undelivered mobile messages.
To participate you must: (1) have a mobile phone of your own that is capable of two-way messaging, and (2) have a mobile plan that includes a text messaging service. Not all mobile network service providers carry the necessary service to participate. Check your mobile capabilities for specific text-messaging instructions.
You may not use or engage with the Platform if you are under sixteen (16) years of age. If you use or engage with the Platform and are between the ages of sixteen (16) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of sixteen (16) years, are between the ages of sixteen (16) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Platform.
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity;
- objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; and
- any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Complaints and the Online Dispute Resolution Platform:
If you have a complaint, please email us at email@example.com.
If you are not happy with how we have dealt with your complaint, you may be able to refer the matter to the European Online Dispute Resolution Platform ("ODR Platform") which is available at http://ec.europa.eu/odr. The ODR Platform is managed by the European Commission and is dedicated to helping consumers and traders resolve their disputes regarding online transactions out-of-court. Please visit http://ec.europa.eu/odr for further information about the ODR Platform and alternative dispute resolution services which may be available. Alternative dispute resolution services are services where an independent body considers the facts of a dispute and seeks to resolve it, without the customer having to go to court.
You confirm to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We may change this Agreement from time to time and any updates to this Agreement shall be communicated to you through a banner other notice on the website. You acknowledge your responsibility to review the updates we communicate to you in respect of this Agreement. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Last Updated: April 22, 2023
If you wish to contact Company, you can email us at firstname.lastname@example.org. You can also write to us at the following address: Icon Foods Limited, Unit 12, Lindred Road, Lomeshaye Industrial Estate, Nelson, Lancashire BB9 5SR..
From time to time, Company may amend these Terms, if the changes to the Terms are likely to be significant we will notify you the next time you use the Platform after the Terms have changed. Your use of this Platform after Company posts any changes to these Terms constitutes your agreement to those changes only from the date of such changes. Please review these Terms every time you wish to use our Platform to ensure that you are familiar with the most recent version.
We may update and change our Platform from time to time to reflect change to our products or our users' needs.
Unless otherwise prohibited by applicable law, Company may discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you in cases where you use this Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Platform; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) for any obscene or immoral purpose. You agree that you do not have any rights in this Platform and that Company will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated.
In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time, and are incorporated into these Terms by reference. This may include promotions, sweepstakes, contests, and loyalty and rewards programs, as well as return policies for certain transactions. This also includes our Mobile Messaging Terms and Conditions. In the event of a conflict between terms and conditions applicable to such services and these Terms, the terms and conditions specific for such services shall take precedence to the extent of conflict solely in connection with such services.
Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, articles, data, code, videos and the compilation of the foregoing ("Company Content") is the property of Company and its licensors, and is protected in internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, reproduce or use any Company Content located for use in any publications, in public performances, on websites other than this Platform for any commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’ or its licensor’s property, or that otherwise infringes Company’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or third party content that appears on this Platform.
Use of the Platform and Posting and Linking Policies
The following requirements apply to your use of the Platform, including any submission of written posts or other materials provided by you ("User Content"):
- you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, hateful or in violation of these Terms or any other rules (e.g., promotional rules) Company may provide you from time to time;
- you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- you will not collect or store personal information about other users or any other third party;
- you will not use the Platform for any commercial purpose not expressly approved by Company in writing;
- you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorised communication;
- you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, including but not limited to interference with the services or servers or networks connected to the Internet; and
- you will not use the Platform for fraudulent purposes.
Subject to these Terms, you further understand and agree that you have no ownership rights in or to any account you may have with Company, or other access to the Platform or features therein. Company may suspend, cancel your account and delete all User Content associated with your account at any time, and without notice, if Company reasonably determines that you have violated these Terms or broken the law. The Company will also have the right (but not the obligation) to remove any content that it reasonably determines violates these Terms or breaks the law and can permanently restrict access to the Platform or a user account for the same reasons.
By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, perpetual and irrevocable, and royalty free license to use, modify, publicly perform, publicly display, remove, delete, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. In addition, you waive all moral rights in and to all User Content that you display, publish, or otherwise post on or through the Platform in favour of Company.
You continue to retain all of your ownership rights in your User Content, and you continue to have any right to use your User Content in any way you choose, subject to these Terms and the license described above. You promise that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Company’ use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
The use of the Platform on a mobile device requires use of a mobile device and mobile data service, which must be obtained from your mobile network service provider, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation administrative messages, service announcements, diagnostic data reports, and Platform updates, from Company, your mobile network service provider or third party service providers. If you do not have an unlimited mobile data plan, you may incur additional charges from your mobile network service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform. Company may make available for download certain Platform updates or upgrades to the Platform to update, enhance, modify, or further develop the Platform ("Platform Updates"). Company may, at its discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any additional costs associated with receiving them. The Platform and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform and Platform Updates. These laws include restrictions on destinations, end users, and end use.
If you are a trademark or copyright owner, and believe in good faith that materials on the Platform violate your trademark or copyright rights, please send us a notification to email@example.com requesting that Feastables remove such material or block access to it. Please include the following information, as required by the Digital Millennium Copyright Act (the "DMCA"):
- identify the copyrighted work(s) you claim is infringed;
- identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material;
- include a physical or electronic signature of the copyright owner or a person authorised to act on the copyright owner’s behalf (the "Claimant");
- include the Claimant’s name, address, and telephone number(s), and email address (if available);
- include a statement that the Claimant has a good faith belief that use of the disputed material is not authorised by the copyright owner or their agent or law;
- include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorised to act on behalf of the copyright owner.
You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove or disable access to the complained-of material at our sole discretion.
We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under the DMCA:
- a physical or electronic signature of the person submitting the counter-notification;
- identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
- the name, address, email address and telephone number of the person submitting the counter-notification;
- a statement that the person submitting the counter-notification consents to the jurisdiction of a Federal District Court in the United States for any copyright infringement claims, , and that the person will accept service of process from the person who submitted the DMCA claim or his agent.
Accounts, Passwords, and Security
Certain areas of the Platform may require registration or otherwise ask you to provide information to participate in certain features or access certain content such as games we may offer on the Platform. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform, or any features at all.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorised use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately. Company is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
If you wish to close your account, you can email us at firstname.lastname@example.org. Please note that when you close your account, you will no longer be able to access or benefit from having an account including access to your account dashboard with a record of your previous transactions and addresses.
Please see here for our purchase terms. Disclaimer, Representations, and Limitations of Liability
THE MATERIALS AND INFORMATION ON THE PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY. We make reasonable efforts to update the information on the Platform by cannot guarantee that the content is accurate and up to date. Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.
The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information or posting information to the Platform. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
ANY PRODUCTS DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Third Party Websites, Applications, and Services
This Platform may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers ("Third-Party Services"). Third-Party Services are not maintained by or related to Company. Hyperlinks are provided as a convenience to users and are not sponsored by or affiliated with this Platform or Company, and Company makes no assurances about the content, completeness, or accuracy of those Third-Party Services. Company is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
Additional Terms Applicable to Third Party Providers
The following additional terms and conditions are applicable with respect to your use of a third party platform to access and download the Platform or any subsequent updates thereto, such as Apple, Inc., Amazon.com, Inc., Google, Inc., or any other similar third party "app store" or platform (each a "Provider"):
- The Provider is not responsible for addressing any claims you have or any claims of any third party relating to the mobile application or your possession and use of the mobile application, including, but not limited to: (A) product warranty or liability claims; (B) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; (C) claims arising under consumer protection or similar legislation; or (D) claims that the mobile application infringes a third party’s intellectual property rights, such that you will not hold such Provider responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- In the event of any failure of the Provider version of the mobile application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify such Provider, and such Provider will refund the purchase price for the mobile application (if any) to you; to the maximum extent permitted by applicable law, such Provider will have no other warranty obligation whatsoever with respect to the mobile application, and, as between such Provider and Company, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Company’s liability in this regard.
- The Providers are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, such Providers will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
Both you and Company acknowledge and agree that no partnership, joint venture or agency is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of your local courts, which means if you live in England, you and we, submit to the exclusive jurisdiction of the English courts. If you live elsewhere in the United Kingdom, you and we, submit to the exclusive jurisdiction of the courts in the country in which you live.
The Company cannot be held responsible for failure to comply with these Terms because of an act of God, pandemics/epidemics, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of Company.
Company may refer potential violations of law(s) or regulation(s) to authorities or other persons or entities that it deems appropriate, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, warrant, or when the public and/or Company’ safety or rights are implicated. Company assumes no obligation to inform you that your information has been disclosed to any law enforcement or government agency or authority. If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Company, accepted by you upon your use of the Platform. By using the Platform you represent that you are capable of entering into a binding agreement.