terms 2018-03-22T10:49:16+00:00

TERMS OF SERVICE

Foodiepal

Foodiepal is your best pal when choosing a restaurant. These Terms of Service (“Terms”) govern the relationship between you and MAMA Dine Oy regarding your use of Foodiepal’s recommendation services within your social network, including the Foodiepal website at www.foodiepal.com as well as the associated Foodiepal mobile application, and any other services provided by Foodiepal (together “Services”).

Subject to your acceptance of these Terms, you may install, access and/or use the Services.  These Terms affect your legal rights and obligations, so if you do not agree to the Terms, you may not use the Services.

Services are intended for people who are at least 15 years old. If you are under 18, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and you have permission to access and use the Services.

Foodiepal Privacy Policy (available here [URL]) helps you understand what personal data and non-personal data Foodiepal collects, and how such data is used and you agree the Privacy Policy will apply to the information we collect.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using the Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

Use of Services

The Services are provided to you for your personal and non-commercial use only. You may not sell, transfer, rent or give away your right to use and access the Services. You may not use the Services if you have previously been removed from using any part of the Services.

You may only register one (1) user account for your use of the Services. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration process, as well as to inform Foodiepal of any changes to such information.

Subject to your compliance with these Terms, MAMA Dine grants to you a limited, nonexclusive, non-sublicensable and non-transferable right to access and use the Services and the executable versions (no source code) of the Foodiepal mobile application.

You are personally responsible for the use of your user account, and for all communication, content and activity resulting from the use of your user account in connection with the Services. MAMA Dine expressly disclaims any and all liability relating to those. You also acknowledge that MAMA Dine has no obligation to use, store and maintain those, although MAMA Dine may do so in its sole discretion.

You understand that for reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. These Terms do not entitle you to future updates, new versions or other enhancements of the application although MAMA Dine may choose to provide such updates, etc. in its sole discretion.

Without limiting any other remedies, MAMA Dine may limit, suspend, terminate, modify, or delete access to the Services or parts thereof if you fail to comply, or if MAMA Dine suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Services, without notice to you. You may lose, as a result of termination or limitation of your right to use the Services, material, content and privileges associated with your use of the Services (including any In-App Purchases), and MAMA Dine is under no obligation whatsoever to compensate you for any such losses or results.

By using the Services you specifically agree that you will not:

  • interfere with or disrupt the Services or servers or networks that provide the Services;
  • attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by MAMA Dine;
  • disobey any requirements or regulations of any network connected to the Services; or
  • circumvent technological measures designed to control access to, or elements of, the Services.

On certain devices, you may be able to control what system permissions you give to the Services. The Foodiepal mobile application is intended to be used with the full permissions listed upon installation, and refusing any of these permissions may come with the drawback that the Services may not function properly.

Intellectual Property Rights

All rights, title and interest in and to the Services (including the related software and media), the design of the Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein are owned by or licensed to MAMA Dine, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in the Terms, MAMA Dine does not grant any express or implied rights to use Foodiepal related property.

User Content

You may be able submit messages and/or other content to the Services (“User Content”). MAMA Dine shall not have any duty to monitor any User Content. However, MAMA Dine shall have the right (but not the obligation) to remove any User Content that fails to comply with these Terms.

You are solely responsible for any User Content uploaded, posted, transmitted, stored or otherwise made available through the Services using user account. You acknowledge that use of the Services (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. You must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that any User Content submitted by you does not contain material that is illegal, obscene, indecent, defamatory, threatening, harassing, impersonates another person, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code.

MAMA Dine does not claim ownership to any User Content but you grant to MAMA Dine a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that you have submitted to the Services, including to deliver and communicate the User Content to third parties (as per the user’s request), as well as to display advertising in connection with it. The foregoing license granted by you terminates once you remove or delete User Content from the Services.

You also grant each recipient, to whom you have addressed any User Content submitted by you in the Services, a non-exclusive license to access such User Content through the Services.

We respect the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If MAMA Dine becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement to support email at info@foodiepal.com

The notification shall include: 1) the name and contact information of the notifying party; 2) an itemisation of the material, for which prevention of access is requested, and details of the location of the material; 3) confirmation by the notifying party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network; 4) information concerning the fact that the notifying party has in vain submitted its request to the content provider or that the content provider could not be identified; 5) confirmation by the notifying party that he/she is the holder of copyright or entitled to act on behalf of the holder of the right; 6) signature of the notifying party.

Third-Party Services and Terms

The Services may contain links to websites operated by third parties or feature content which is made available by third-party service providers and enable you to access and use certain third-party services. Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. MAMA Dine assumes no responsibility for such third-party services and/or content.

These Terms may be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store including e.g. Apple App Store and Google Play) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

Fees

Some features (as specified in more detail in the Services), are available to users for free and some against the payment of the relevant fees.

The Services may enable you to purchase (with real money) additional content or services that are subject to separate fees within the Services, as set out in the Services (“In-App Purchases”). Any such additional content or services will be subject to your right to use and access the Services.

All In-App Purchases purchases made in connection with the Services are final and non-refundable, and you don’t have right to cancel any purchase actually started to provide to you. However, the above does not intended to limit the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store). The provision of any additional content or services for use in the Services is a service that commences immediately upon acceptance by MAMA Dine of your purchase.

No cancellation right or refund of any fees shall be available, save for as provided above. You also acknowledge that you will not receive money or other compensation for unused content or services purchased or other payments when an account is closed.

You are solely responsible for any costs (including any additional payment processing fees which may be applicable) you incur to access the Services through any Internet, mobile or other communication service, such as any fees for downloading, installing, messaging, and other data usage on an Internet provider’s or mobile network, as well as for acquiring any additional features.

Personal Data and Security

MAMA Dine takes appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of any processed personal data. MAMA Dine uses various technologies and protocols to ensure high security standards. Any data that is stored on MAMA Dine servers is not generally available to the public. However, the use of internet services always includes security risks.

Use of your personal data is governed by the Foodiepal Privacy Policy at [www].

Support and Modifications

MAMA Dine shall have no obligation to provide support or maintenance to the Services under these Terms. MAMA Dine may, at its sole discretion, provide limited customer support to the Services.

You understand that the Services are evolving. As long as your license to the Services is valid you are entitled to use and access any upgrades or updates to the Services. All upgrades and updates are provided to you on a license exchange basis. You agree that by using or accessing an upgrade or update you voluntarily terminate your right to use any previous version. Upgrades and updates may be licensed to you by MAMA Dine with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Services.

Disclaimer, No Warranty & Limitation of Liability

To the maximum extent permitted by applicable law, except as explicitly provided in these Terms, MAMA Dine makes no warranty or representation, either expressed or implied with respect to the Services, their correctness, quality, performance, or fitness for a particular purpose. As a result, the Services are provided “as is” and “as available” and you are assuming the entire risk as to their quality and performance.

You hereby acknowledge and agree that MAMA Dine shall have no liability whatsoever in connection with or arising from your use of the Services, as set forth herein, including any damage to your devices or software. Your only right or remedy regarding any problems or dissatisfaction with the Services is to uninstall any applications associated with the Services and to discontinue the use of any webpages and other content included in the Services.

MAMA Dine shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use the Services, even if MAMA Dine has been advised of the possibility of such damages. The liability of MAMA Dine is in such case limited to the greatest extent permitted by law. 

You understand and acknowledge that MAMA Dine will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system’s performance. You are liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to MAMA Dine and/or third parties.

Some jurisdictions may not allow (some) limitations of liability. In such case such limitations may not apply to you. 

Indemnification

You agree to defend, indemnify and hold harmless MAMA Dine, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or portion hereof, or any act or omission by you relating to the Services. MAMA Dine reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.

Force Majeure

MAMA Dine shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MAMA Dine, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MAMA Dine’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Provisioning of the Services and Termination

The right to use the Services granted to you under these Terms remains in effect until terminated by you or MAMA Dine.

You may terminate the license at any time by uninstalling or deleting the applications relevant to the Services in your possession or control and ceasing to use the Services. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from MAMA Dine if you in any way breach any provision of these Terms. We may terminate your account and right of use also in case you have not used your account during the last 18 months.

Your termination for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.

General

MAMA Dine may assign or delegate its rights and obligations under the Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate rights or obligations under the Terms without MAMA Dine’s prior written consent.

These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country. You and MAMA Dine agree that if any portion of the Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the terms, which shall continue to be in full force and effect.

MAMA Dine reserves the right to change, modify, add or remove portions of the Terms at any given time. MAMA Dine will, however, notify Users by posting a note in the Services of any substantial changes to the Terms. You will be deemed to have accepted such changes by continuing to use the Services.  Further, if at any point you do not agree to any portions of then-current version of our Terms or any other Foodiepal policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services. You can always cease using the Services by deleting the application or web service, as applicable. Please check the Services on a regular basis so that you remain informed of the then-current Terms.

Disputes and Applicable Law

All disputes relating to the Services and the Terms shall be settled at the District Court of Helsinki, Finland having the sole jurisdiction.

These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.

In addition to formal court proceedings, you may have the right to bring disputes regarding the Services to a third-party dispute resolution body, such as to the Finnish Consumer Disputes Board. More information on the Finnish Consumer Disputes Board can be found here (http://www.kuluttajariita.fi/en/index/kuluttajariitalautakunta.html), and more information on other dispute resolution bodies in the EU here (https://ec.europa.eu/consumers/odr/).

Contact info:

MAMA Dine Oy

Business ID: 2766655-8

Email: info@foodiepal.com

www.foodiepal.com