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PLEASE READ THESE LICENCE TERMS CAREFULLY
BY SETTING UP AN ACCOUNT WITH US AND/OR USING AND ACCESSING THE SERVICE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. THESE TERMS APPLY AND GOVERN YOUR USE OF MY STREATS LTD’S MOBILE APPLICATION AND ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MY STREATS LTD AS OF THE DATE YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP USING THE APP AND SERVICE IMMEDIATELY.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, MY STREATS LTD, (incorporated and registered in England and Wales with company number 14546310 and whose registered office is at Unit 5 and 6 Old Park Farm, Kingsley, Hampshire, United Kingdom, GU35 9LU) and any successor entity grants you a limited, recoverable, personal, non-transferable and non-exclusive license to download, install, access and use:
YOUR PRIVACY
We only use any personal data we collect through your use of the App and the Service in the ways set out in our privacy policy (https://www.mystreats.co.uk/privacy-policy/).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
My Streats Limited reserves the rights to use pseudonyms and different imagery for our consumers testimonials in order to protect their identities. Names and picture content might not reflect the actual name and image of the person we are referring to within our content.
ACCOUNT
To make use of the Services on our App, we require you to set up an account with us (Account).
You will be prompted to set up an Account when first enter the App. The information you provide us must be accurate. We reserve the right to request any additional information from you that may be required to manage your Account and to impose any other conditions in connection with the Service subject to prior notification of such conditions to you and your acceptance of the same. Your continued use of our App after receiving this notification will be treated as an acceptance for this purpose.
If your details change after your Account has been registered, you must update them by accessing your Account through our App. You are obliged under these terms to keep details of your Account (including your password) secure and not share them with anyone else. You must not enable others to access your Account.
If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms, or for security reasons or where we have a right to terminate your access.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@mystreats.co.uk and we will look to reset the relevant account details concerned.
It is at our sole discretion to refuse registration of an Account to any individual or entity to ensure compliance with these terms and adhere to any other law, regulations or licences.
THE APP STORE’S TERMS ALSO APPLY
The ways in which you can use the App, Service and Documentation may also be controlled by the Apple iTunes Store’s (Apple devices) or the Google Play’s (Android devices) rules and policies. A direct link to the relevant app store’s rules and policies can be located below:
| Apple iTunes Store | iTUNES STORE – TERMS AND CONDITIONS (apple.com) |
| Google Play | Google Play Terms of Service |
In the event of any conflict or inconsistency between the relevant app store’s rules and policies and these terms, the app store’s rules and policies will prevail.
OPERATING SYSTEM REQUIREMENTS
This app requires a mobile device (smartphone or tablet) that is less than 4 years old, with a minimum of 2GB RAM and 8GB storage, plus the Apple iOS or Android KitKat operating system that is within current support by Apple and Google (or any OS version subsequently adopted by Apple or Google Android)
We are unable to guarantee that the App will be compatible with your device. Your standard data and messaging rates will apply when using the app.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.mystreats.co.uk or contact us using any of the details set our below or on our “Contact Us” page (https://www.mystreats.co.uk/contact-us/).
Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@mystreats.co.uk or refer to our “Contact Us” page on our website (https://www.mystreats.co.uk/contact-us/).
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
use any Documentation to support your permitted use of the App and the Service.
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and use the Service and Documentation.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App, the Service and Documentation as set out above under the heading of “HOW YOU MAY USE THE APP”. You are not permitted to transfer or share the App or the Service to or with someone else, whether for money, for anything else or for free. If you sell or gift any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features and/or services which we introduce.
As the features to our App and/or the Service may change regularly, you may not receive prior notice of any change to these terms and your continued use of the App shall be treated as acceptance to our updated terms. We will give you notice in advance of any material change to these terms by notifying you of a change when you next start the App whereby you will be prompted to review and explicitly agree to or reject our updated terms. Any change to these terms will be effective as at the time you agree to our updated terms.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you holders reasonable notice of any planned suspension or withdrawal.
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also update the app to ensure compatibility and functionality with the operating system of devices when the provider of such operating system updates their systems. Alternatively, we may ask you to update the App for these reasons, and you should always use and refresh your device, so it is updated with the latest operating system.
We will give you notice in advance of any material change to the App that affects its functionality or user experience by sending you a Push Notification. We may also prompt you to update the App via Push Notification and/or when you next start the App. If you choose not to install such updates or fail to update your device you may not be able to continue using the App and the Service. The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded and installed the App on to your device.
We retain the right to change, suspend or discontinue part or all of the Service and Documentation at any time, including the availability of any product, feature or database. This includes, but is not limited to, the various restaurants, cafes, food vans, market stalls and pop-up shops available through use of the App and any information these third parties provide to us. We may also impose limits your access to part or all of the Service or External Services through your use of the App without notice or liability.
IF ANOTHER PERSON OR ENTITY OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The Service will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location service settings for the App on the device. If you use the Service, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
If you choose to turn off the location service settings for the App, we will not be liable for how this may impact your experience when using our App or its functionality.
You may stop us collecting such data at any time by turning off the location services settings on your device. Please refer to the device manufacturers guidance on turning off location services.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us, including those of third-party Food Vendors whose information is contained on our App. These independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
CONSENT TO USE ELECTRONIC COMMUNICATION
By accepting these terms, you authorise My Streats Ltd to send you push notifications or any other form of electronic communication directly to you through the App (collectively, “Push Notifications”). Push Notifications are a way for us to provide you information and alerts associated with your use of the App and/or the Service. You may stop receiving Push Notifications by turning off the notification settings on your device (please consult the manufacturer’s guidance manual for your particular device).
FOOD VENDOR SERVICES AND GOODS
Our App is a single platform for various third-party Food Vendors to promote and market their goods and services (Food Vendor Services). We rely upon the Food Vendors to upload their details and information related to the Services they offer onto the App. We do not check, verify or monitor the content uploaded by the Food Vendor. Our App centralises and provides its users with information concerning various Food Vendors Services by relying on location and other data. We do not in any way recommend, warrant, or guarantee your use of any Food Vendor Services or the quality, suitability or accuracy of the goods and services sold by such Food Vendors as marketed or promoted via our App.
You agree to use any Food Vendor services or goods at your own risk. Any agreement for and/or the purchase of Food Vendor Services is made solely between you and the Food Vendor. We are not responsible for assessing or determining the quality or content of the Food Vendor Services and are not liable for your purchase, use or consumption of their goods or services. We have not checked nor approved any of the Food Vendor’s privacy policies (if any) and as such we are not liable for the way any Food Vendor gathers, uses, discloses, and manages your data.
Any information, including but not limited to financial, medical and location information, provided by a Food Vendor delivering Food Vendor Services is not guaranteed by My Streats Ltd and is to be treated for general information purposes only. Such information has not been checked by us and will not be monitored by us. We hereby disclaim liability for all Food Vendors who promote and market their Food Vendor Services on our App and we are not liable or responsible for any information or content provided by such Food Vendors which is incorrect and not accurate. Any complaints, questions or claims in respect of Food Vendor Services should be directed to the Food Vendor concerned.
You hereby agree not to buy any Food Vendor Services for yourself or any other person if you or that other person is younger than the advertised and legal age restriction for example if a Food Vendor is selling alcoholic beverages, you agree not to attempt to purchase such beverages for anyone who is under the legal age to purchase such beverages.
We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any Food Vendor Services at any time without notice or liability to you.
LICENCE RESTRICTIONS
You agree that you will:
ACCEPTABLE USE RESTRICTIONS
You must:
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the limited right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. This extends to any use of or information relating to External Services which we recommend, promote or market through the App. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, the Service (as described on the app store site and in the Documentation) and any External Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us. For the avoidance of doubt, we are not liable for delays to External Services which are caused by an event outside our control and we are not responsible for notifying you of any delay to External Services nor take steps to minimise the effect of the delay to External Services.
Nothing in these terms shall limit or exclude our liability for:
Nothing in these terms shall reduce modify limit or exclude any consumer statutory rights available to a user where the user is a consumer.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Service:
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
If you are a consumer, then these terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English courts. If you live in elsewhere you can bring legal proceedings in respect of the Service in either the courts of the country where you live or the English courts.
If you are a business, then these terms are governed by English and Welsh law and you agree to the exclusive jurisdiction of the English court to resolve any disputes arising under the contract for the provisions of products or services.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY SETTING UP A SUBSCRIPTION ACCOUNT WITH US AND/OR USING AND ACCESSING THE SERVICES AND/OR THE PREMIUM SERVICES YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND AUTHORISE ANY END-USER TO ACCESS AND/OR PURCHASE ANY GOODS OR SERVICES YOU PROVIDE. THESE TERMS APPLY AND GOVERN YOUR USE OF AND SUBSCRIPTION ACCOUNT TO MY STREATS LTD’S MOBILE APPLICATION AND ARE A BINDING LEGAL AGREEMENT BETWEEN YOU (AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS) (REFERRED TO COLLECTIVELY AS “YOU” OR “YOUR”) AND MY STREATS LTD AS OF THE DATE YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU ACCEPT THESE TERMS ON BEHALF OF A COMPANY, ORGANISATION OR ANOTHER LEGAL ENTITY, YOU ARE AGREEING TO THESE TERMS FOR THAT ENTITY AND REPRESENTING TO US THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT ON BEHALF OF THAT ENTITY.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD STOP USING THE APP, SERVICE AND, IF APPLICABLE, THE PREMIUM SERVICES IMMEDIATELY AND FOLLOW THE STEPS SET OUT AT “CANCELLATION POLICY” BELOW.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, MY STREATS LTD, (incorporated and registered in England and Wales with company number 14546310 and whose registered office is at Unit 5 and 6 Old Park Farm, Kingsley, Hampshire, United Kingdom GU35 9LU) and any successor entity grants you a limited, recoverable, personal, non-transferable and non-exclusive license to download, install, access, use and subscribe to:
YOUR PRIVACY
We only use any personal data we collect through your use of the App, Services, Premium Services and Documentation in the ways set out in our privacy policy (https://www.mystreats.co.uk/privacy-policy/).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, the Services and/or Premium Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
My Streats Ltd reserves the rights to use pseudonyms and different imagery for our users testimonials in order to protect their identities. Names and picture Content might not reflect the actual name and image of the person we are referring to within the Content.
YOUR SUBSCRIPTION ACCOUNT
You must have an account with us to benefit from the Services (My Streats Starter Subscription Account). If you subscribe to use our Premium Services you will be required to pay a monthly or annual subscription fee (Premium Subscription Account) in accordance with the terms under heading “CHARGES AND PAYMENT” below to benefit from the Premium Services. To view prices and payment options, please visit our website at https://www.mystreats.co.uk/pricing/. To create a Subscription Account, you must complete the registration process on our App or website. The information you provide us must be accurate, including but not limited to:
We reserve the right to request any additional information from you that may be required to manage your subscription.
If any of your details change after your Subscription Account has been registered, you must update them on the App. You are obliged under these terms to keep details of your Subscription Account (including your password) secure and not share them with anyone else. You must not enable others to access your Subscription Account unless otherwise permitted in these terms.
It is at our sole discretion to refuse registration of a Subscription Account to any individual or entity to ensure compliance with these terms and adhere to any other law, regulations or licences.
FREE TRIALS – PREMIUM SUBSCRIPTION ONLY
If we offer a free trial to new users and, as a new user, you opt to take the free trial then we will make the Premium Services to which this free trial relates available to you on a trial basis free of charge. We reserve the right to vary the duration of any free trial to the period advised to a new user when they subscribe to the Premium Services (or any other period as determined by us from time to time and communicated to you either via the App, website or through our marketing).
We may request your payment information when you opt for a free trial to experience our Premium Services. By providing payment information you agree that we may automatically begin charging you on a monthly recurring basis (or any other interval that we notify you of in advance) for your use of the Premium Services starting from the first day after the end of the free trial. If you do not wish to continue receiving the Premium Services after the expiry of the free trial period then you must follow the steps set out at “CANCELLATION POLICY” below before such expiry of the free trial period.
We are not responsible for providing you with advance notice of the expiry of the free trial period.
Additional trial terms and conditions relating to a free trial may appear on our App, website or through our marketing by way of a description of the particular trial or at registration of your Premium Subscription Account. Any such additional terms concerning a free trial are incorporated into these terms by reference and are legally binding. A free trial may not have full access to all the Premium Services and functionality on the App that you would otherwise obtain when paying for the Premium Services.
Although a free trial may be advertised, we reserve the right to refuse to provide a free trial to any Food Vendor at our absolute discretion.
MARKETING
The information you use whilst marketing and promoting your services via the App is limited to the information you have provided to us through your Subscription Account. We will not be liable for any claims or damages resulting from any incorrect information given to us and/or stored on your Subscription Account.
THE APP STORE’S TERMS ALSO APPLY
The ways in which you can use the App, Services, Premium Services and Documentation may also be controlled by the Apple iTunes Store’s (Apple devices) or Google Play’s (Android devices) rules and policies. A direct link to the relevant app store’s rules and policies can be located below:
| Apple iTunes Store | iTUNES STORE – TERMS AND CONDITIONS (apple.com) |
| Google Play | Google Play Terms of Service |
In the event of any conflict or inconsistency between the relevant app store’s rules and policies and these terms, the app store’s rules and policies will prevail.
CONSENT TO USE ELECTRONIC COMMUNICATION
By accepting these terms, you authorise My Streats Ltd to send you push notifications or any other form of electronic communication directly to you through the App (collectively, “Push Notifications”). Push Notifications are a way for us to provide you information and alerts associated with your use of the App and the Services. You may stop receiving Push Notifications by turning off the notification settings on your device (please consult the manufacturer’s guidance manual for your particular device).
OPERATING SYSTEM REQUIREMENTS
This App shall be suitable for a mobile device (smartphone or tablet) that is less than 4 years old, with a minimum of 2GB RAM and 8GB storage, plus the Apple iOS or Google Android KitKat operating system that is within current support by Apple and Google (or such other OS version adopted by Apple or Google Android in the future)
We are unable to guarantee that the App will be compatible with your device. Your standard data and messaging rates will apply when using the App.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support: if you want to learn more about the App, the Services and/or Premium Services or have any problems using them please take a look at our support resources at www.mystreats.co.uk or refer to the “Contact Us” page on our website (https://www.mystreats.co.uk/contact-us/).
Contacting us (including complaints): if you think the App, the Services and/or the Premium Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@mystreats.co.uk or refer to our “Contact Us” page on our website (https://www.mystreats.co.uk/contact-us/).
How we will communicate with you. If we have to contact you, we will do so by email, by SMS, by Push Notification or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and subscribe to the App.
YOU MAY NOT TRANSFER THE APP
We are giving you personally the right to use the App, the Services, Documentation and, by virtue of a Premium Subscription Account only, the Premium Services as set out above under the heading of “HOW YOU MAY USE THE APP”. You are not permitted to transfer or share the App, the Services and/or the Premium Services to or with someone else or any other entity, whether for money, for anything else or for free. If you sell or gift any device on which the App is installed, you must remove the App from it.
CHARGES AND PAYMENT – PREMIUM SUBSCRIPTION ACCOUNTS ONLY
We use third parties in the collection and processing of your premium subscription payment for the Premium Services. We are currently using either Google Play (for android devices) or Apple’s iTunes Store (for Apple devices). The method and timing of payments, and what happens if your payment method cannot be charged, is determined by either Google Play’s or Apple iTunes terms as applicable, which can be accessed via hyperlink above under the heading “THE APP’S STORES TERMS ALSO APPLY”.
You hereby warrant that you have the right to use all payment method(s) you submit to Apple or Google.
We reserve the right to alter the monthly or annual subscription fee from time to time. We will provide you with 30 days advance written notice of any changes to the fee.
NO SET-OFF RIGHTS
You must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
As the features to our App, the Services and/or the Premium Services may change regularly, you may not receive prior notice of any change to these Terms and your continued use of the App shall be treated as acceptance to our updated Terms. We will give you advance notice of any material change by sending you an email with details of the change or by notifying you of a change when you next start the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App and this will be treated by us as a request to cancel your Subscription Account (see “CANCELLATION POLICY” below).
UPDATE TO THE APP AND CHANGES TO THE SERVICES AND/OR PREMIUM SERVICES
We do not guarantee that our App, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App, Services and/or Premium Services for business and operational reasons. We will try to give all Subscription Account holders reasonable notice of any planned suspension or withdrawal.
From time to time we may automatically update the App and change the Services and/or Premium Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also update the App to ensure compatibility and functionality with the operating system of devices when the provider of such operating system updated their systems. Alternatively, we may ask you to update the App for these reasons, and you should always use and refresh your device so it is updated with the latest operating system.
If you choose not to install such updates or if you opt out of automatic updates or you fail to update your device you may not be able to continue using the App, the Services and/or the Premium Services. In the event that you are unable to continue using the App, you will need to contact us directly resolve the issue or to cancel your Subscription Account (see “SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS” for contact details).
IF ANOTHER PERSON OR ENTITY OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, the Services and/or Premium Services you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any part of the Services and/or Premium Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The Services and the Premium Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location service settings for the App on the device. If you use the Services and/or Premium Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
If you choose to turn off the location service settings for the App, we will not be liable for how this may impact your experience when using our App, the quality of the Services or the Premium Services or its functionality.
You may stop us collecting such data at any time by also turning off the location services settings on your device. Please refer to the device manufacturer’s guidance on turning of location settings.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App, the Services and the Premium Services may contain links to other independent websites. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App and App. You must not attack our App, either by a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App and/or App will cease immediately.
LICENCE RESTRICTIONS
You agree that you will:
ACCEPTABLE USE RESTRICTIONS
You must:
FOOD HEALTH AND HYGIENE
You hereby warrant that you will:
You are obliged to provide us on request and without undue delay evidence that you have complied with the above warranties and you hereby agree to indemnify us against all and any liability claims, costs and expenses and other losses suffered by or brought against us arising from any breach of these warranties set out in paragraphs (a) – (f) above.
ALLERGENS
As a Food Vendor, you are solely responsible for the existence, quality, safety and legality of your goods and services. You are required under these terms and by the law to provide allergen information to the consumer for both prepacked and non-prepacked food and drink. You are also responsible for handling and managing food allergens effectively in food preparation.
RETURNS AND REFUNDS POLICY
Due to the nature of the Services and/or the Premium Services, there is no option for a refund of any part of the subscription fee.
If you think there is something wrong with the Services and/or the Premium Services, you must contact our Customer Service Team at hello@mystreats.co.uk or refer to our “Contact Us” page of our website (https://www.mystreats.co.uk/contact-us/) where we will look to resolve the matter as soon as reasonably practical.
CANCELLATION POLICY
You may cancel your monthly or annual Subscription Account at any time by logging into your Subscription Account and following the cancellation steps described.
If you cancel your monthly Premium Subscription Account, cancellation will take effect from the end of your next monthly billing cycle. You will not be eligible for a refund for any monthly Premium Subscription Account fees paid prior to the month the cancellation takes place.
If you cancel your annual Premium Subscription Account, cancellation will take effect on the one year anniversary following your subscription start date or renewal date. You will not be eligible for a refund for any part of the Premium Subscription Account fee paid in advance.
DURATION AND TERMINATION
You agree to be bound by these terms during the period from the date you accept them and in relation to provisions set out in these terms that are intended to continue after termination of such provisions shall continue to apply.
Without affecting any other right or remedy available to us, we may terminate your Subscription Account with immediate effect by giving you written notice if:
CONSEQUENCES OF TERMINATION
On termination of your Subscription Account:
CONFIDENTIALITY
You shall not at any time during your Subscription Account with us, and for a period of 1 year after termination/cancellation of your Subscription Account, disclose to any person or entity any of our confidential information (as defined below) disclosed to you or made known to you by using the App, Services and/or Premium Services, except to:
You shall not use our confidential information for any purpose other than to perform your obligations under these Terms where it is necessary to use confidential information.
For the purposes of this clause “confidential information” shall mean all our confidential information however recorded or persevered and however imparted or derived including but not limited to any information that would be regarded as confidential by a reasonable business person relating to: i) our business, assets, affairs, customers, clients, suppliers, or plans (or of any member of the group of companies to which we belong); and (ii) Our operations, processes, product information, know-how, designs, trade secrets or software (or of any member of the group of companies to which we belong); and any information developed by us in the course of providing the App, Services and/or the Premium Services and in the future.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, any Services and/or the Premium Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation, any part of the Services and/or the Premium Services throughout the world belong to us (or our licensors) and the rights in the App, the Services and/or the Premium Services are licensed (not sold) to you.
You have no intellectual property rights in, or to, the App, the Documentation or the Services and/or the Premium Services other than the limited right to use them in accordance with these Terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
YOUR RESPONSIBILITY TO US
If a claim is brought against us due to an action or omission by you (including a breach of any of these terms) then you hereby agree to indemnify us for our losses including our costs (legal or otherwise) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. You are required, on our request to do so, to provide us with reasonable assistance where we decide to conduct the defence of any such claim or demand.
WE MAY END YOUR RIGHTS TO USE THE APP, THE SERVICES AND/OR THE PREMIUM SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App, Services and/or the Premium Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App, Services and/or the Premium Services:
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
COMPLIANCE
You shall at your own expense comply with all laws and regulations relating to the goods and services you provide, as they may change from time to time.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English and Welsh law and you agree to the exclusive jurisdiction of the English court to resolve any disputes arising under the contract for the provisions of products or services.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY SETTING UP AN ACCOUNT WITH US AND/OR USING AND ACCESSING THE SERVICE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. THESE TERMS APPLY AND GOVERN YOUR USE OF MY STREATS LTD’S MOBILE APPLICATION AND ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MY STREATS LTD AS OF THE DATE YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP USING THE APP AND SERVICE IMMEDIATELY.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, MY STREATS LTD, (incorporated and registered in England and Wales with company number 14546310 and whose registered office is at Unit 5 and 6 Old Park Farm, Kingsley, Hampshire, United Kingdom, GU35 9LU) and any successor entity grants you a limited, recoverable, personal, non-transferable and non-exclusive license to download, install, access and use:
YOUR PRIVACY
We only use any personal data we collect through your use of the App and the Service in the ways set out in our privacy policy (https://www.mystreats.co.uk/privacy-policy/).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
My Streats Limited reserves the rights to use pseudonyms and different imagery for our consumers testimonials in order to protect their identities. Names and picture content might not reflect the actual name and image of the person we are referring to within our content.
ACCOUNT
To make use of the Services on our App, we require you to set up an account with us (Account).
You will be prompted to set up an Account when first enter the App. The information you provide us must be accurate. We reserve the right to request any additional information from you that may be required to manage your Account and to impose any other conditions in connection with the Service subject to prior notification of such conditions to you and your acceptance of the same. Your continued use of our App after receiving this notification will be treated as an acceptance for this purpose.
If your details change after your Account has been registered, you must update them by accessing your Account through our App. You are obliged under these terms to keep details of your Account (including your password) secure and not share them with anyone else. You must not enable others to access your Account.
If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms, or for security reasons or where we have a right to terminate your access.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@mystreats.co.uk and we will look to reset the relevant account details concerned.
It is at our sole discretion to refuse registration of an Account to any individual or entity to ensure compliance with these terms and adhere to any other law, regulations or licences.
THE APP STORE’S TERMS ALSO APPLY
The ways in which you can use the App, Service and Documentation may also be controlled by the Apple iTunes Store’s (Apple devices) or the Google Play’s (Android devices) rules and policies. A direct link to the relevant app store’s rules and policies can be located below:
| Apple iTunes Store | iTUNES STORE – TERMS AND CONDITIONS (apple.com) |
| Google Play | Google Play Terms of Service |
In the event of any conflict or inconsistency between the relevant app store’s rules and policies and these terms, the app store’s rules and policies will prevail.
OPERATING SYSTEM REQUIREMENTS
This app requires a mobile device (smartphone or tablet) that is less than 4 years old, with a minimum of 2GB RAM and 8GB storage, plus the Apple iOS or Android KitKat operating system that is within current support by Apple and Google (or any OS version subsequently adopted by Apple or Google Android)
We are unable to guarantee that the App will be compatible with your device. Your standard data and messaging rates will apply when using the app.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.mystreats.co.uk or contact us using any of the details set our below or on our “Contact Us” page (https://www.mystreats.co.uk/contact-us/).
Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@mystreats.co.uk or refer to our “Contact Us” page on our website (https://www.mystreats.co.uk/contact-us/).
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
use any Documentation to support your permitted use of the App and the Service.
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and use the Service and Documentation.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App, the Service and Documentation as set out above under the heading of “HOW YOU MAY USE THE APP”. You are not permitted to transfer or share the App or the Service to or with someone else, whether for money, for anything else or for free. If you sell or gift any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features and/or services which we introduce.
As the features to our App and/or the Service may change regularly, you may not receive prior notice of any change to these terms and your continued use of the App shall be treated as acceptance to our updated terms. We will give you notice in advance of any material change to these terms by notifying you of a change when you next start the App whereby you will be prompted to review and explicitly agree to or reject our updated terms. Any change to these terms will be effective as at the time you agree to our updated terms.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you holders reasonable notice of any planned suspension or withdrawal.
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also update the app to ensure compatibility and functionality with the operating system of devices when the provider of such operating system updates their systems. Alternatively, we may ask you to update the App for these reasons, and you should always use and refresh your device, so it is updated with the latest operating system.
We will give you notice in advance of any material change to the App that affects its functionality or user experience by sending you a Push Notification. We may also prompt you to update the App via Push Notification and/or when you next start the App. If you choose not to install such updates or fail to update your device you may not be able to continue using the App and the Service. The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded and installed the App on to your device.
We retain the right to change, suspend or discontinue part or all of the Service and Documentation at any time, including the availability of any product, feature or database. This includes, but is not limited to, the various restaurants, cafes, food vans, market stalls and pop-up shops available through use of the App and any information these third parties provide to us. We may also impose limits your access to part or all of the Service or External Services through your use of the App without notice or liability.
IF ANOTHER PERSON OR ENTITY OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The Service will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location service settings for the App on the device. If you use the Service, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
If you choose to turn off the location service settings for the App, we will not be liable for how this may impact your experience when using our App or its functionality.
You may stop us collecting such data at any time by turning off the location services settings on your device. Please refer to the device manufacturers guidance on turning off location services.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us, including those of third-party Food Vendors whose information is contained on our App. These independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
CONSENT TO USE ELECTRONIC COMMUNICATION
By accepting these terms, you authorise My Streats Ltd to send you push notifications or any other form of electronic communication directly to you through the App (collectively, “Push Notifications”). Push Notifications are a way for us to provide you information and alerts associated with your use of the App and/or the Service. You may stop receiving Push Notifications by turning off the notification settings on your device (please consult the manufacturer’s guidance manual for your particular device).
FOOD VENDOR SERVICES AND GOODS
Our App is a single platform for various third-party Food Vendors to promote and market their goods and services (Food Vendor Services). We rely upon the Food Vendors to upload their details and information related to the Services they offer onto the App. We do not check, verify or monitor the content uploaded by the Food Vendor. Our App centralises and provides its users with information concerning various Food Vendors Services by relying on location and other data. We do not in any way recommend, warrant, or guarantee your use of any Food Vendor Services or the quality, suitability or accuracy of the goods and services sold by such Food Vendors as marketed or promoted via our App.
You agree to use any Food Vendor services or goods at your own risk. Any agreement for and/or the purchase of Food Vendor Services is made solely between you and the Food Vendor. We are not responsible for assessing or determining the quality or content of the Food Vendor Services and are not liable for your purchase, use or consumption of their goods or services. We have not checked nor approved any of the Food Vendor’s privacy policies (if any) and as such we are not liable for the way any Food Vendor gathers, uses, discloses, and manages your data.
Any information, including but not limited to financial, medical and location information, provided by a Food Vendor delivering Food Vendor Services is not guaranteed by My Streats Ltd and is to be treated for general information purposes only. Such information has not been checked by us and will not be monitored by us. We hereby disclaim liability for all Food Vendors who promote and market their Food Vendor Services on our App and we are not liable or responsible for any information or content provided by such Food Vendors which is incorrect and not accurate. Any complaints, questions or claims in respect of Food Vendor Services should be directed to the Food Vendor concerned.
You hereby agree not to buy any Food Vendor Services for yourself or any other person if you or that other person is younger than the advertised and legal age restriction for example if a Food Vendor is selling alcoholic beverages, you agree not to attempt to purchase such beverages for anyone who is under the legal age to purchase such beverages.
We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any Food Vendor Services at any time without notice or liability to you.
LICENCE RESTRICTIONS
You agree that you will:
ACCEPTABLE USE RESTRICTIONS
You must:
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the limited right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. This extends to any use of or information relating to External Services which we recommend, promote or market through the App. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, the Service (as described on the app store site and in the Documentation) and any External Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us. For the avoidance of doubt, we are not liable for delays to External Services which are caused by an event outside our control and we are not responsible for notifying you of any delay to External Services nor take steps to minimise the effect of the delay to External Services.
Nothing in these terms shall limit or exclude our liability for:
Nothing in these terms shall reduce modify limit or exclude any consumer statutory rights available to a user where the user is a consumer.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Service:
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
If you are a consumer, then these terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English courts. If you live in elsewhere you can bring legal proceedings in respect of the Service in either the courts of the country where you live or the English courts.
If you are a business, then these terms are governed by English and Welsh law and you agree to the exclusive jurisdiction of the English court to resolve any disputes arising under the contract for the provisions of products or services.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY SETTING UP A SUBSCRIPTION ACCOUNT WITH US AND/OR USING AND ACCESSING THE SERVICES AND/OR THE PREMIUM SERVICES YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND AUTHORISE ANY END-USER TO ACCESS AND/OR PURCHASE ANY GOODS OR SERVICES YOU PROVIDE. THESE TERMS APPLY AND GOVERN YOUR USE OF AND SUBSCRIPTION ACCOUNT TO MY STREATS LTD’S MOBILE APPLICATION AND ARE A BINDING LEGAL AGREEMENT BETWEEN YOU (AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS) (REFERRED TO COLLECTIVELY AS “YOU” OR “YOUR”) AND MY STREATS LTD AS OF THE DATE YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU ACCEPT THESE TERMS ON BEHALF OF A COMPANY, ORGANISATION OR ANOTHER LEGAL ENTITY, YOU ARE AGREEING TO THESE TERMS FOR THAT ENTITY AND REPRESENTING TO US THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT ON BEHALF OF THAT ENTITY.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD STOP USING THE APP, SERVICE AND, IF APPLICABLE, THE PREMIUM SERVICES IMMEDIATELY AND FOLLOW THE STEPS SET OUT AT “CANCELLATION POLICY” BELOW.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, MY STREATS LTD, (incorporated and registered in England and Wales with company number 14546310 and whose registered office is at Unit 5 and 6 Old Park Farm, Kingsley, Hampshire, United Kingdom GU35 9LU) and any successor entity grants you a limited, recoverable, personal, non-transferable and non-exclusive license to download, install, access, use and subscribe to:
YOUR PRIVACY
We only use any personal data we collect through your use of the App, Services, Premium Services and Documentation in the ways set out in our privacy policy (https://www.mystreats.co.uk/privacy-policy/).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, the Services and/or Premium Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
My Streats Ltd reserves the rights to use pseudonyms and different imagery for our users testimonials in order to protect their identities. Names and picture Content might not reflect the actual name and image of the person we are referring to within the Content.
YOUR SUBSCRIPTION ACCOUNT
You must have an account with us to benefit from the Services (My Streats Starter Subscription Account). If you subscribe to use our Premium Services you will be required to pay a monthly or annual subscription fee (Premium Subscription Account) in accordance with the terms under heading “CHARGES AND PAYMENT” below to benefit from the Premium Services. To view prices and payment options, please visit our website at https://www.mystreats.co.uk/pricing/. To create a Subscription Account, you must complete the registration process on our App or website. The information you provide us must be accurate, including but not limited to:
We reserve the right to request any additional information from you that may be required to manage your subscription.
If any of your details change after your Subscription Account has been registered, you must update them on the App. You are obliged under these terms to keep details of your Subscription Account (including your password) secure and not share them with anyone else. You must not enable others to access your Subscription Account unless otherwise permitted in these terms.
It is at our sole discretion to refuse registration of a Subscription Account to any individual or entity to ensure compliance with these terms and adhere to any other law, regulations or licences.
FREE TRIALS – PREMIUM SUBSCRIPTION ONLY
If we offer a free trial to new users and, as a new user, you opt to take the free trial then we will make the Premium Services to which this free trial relates available to you on a trial basis free of charge. We reserve the right to vary the duration of any free trial to the period advised to a new user when they subscribe to the Premium Services (or any other period as determined by us from time to time and communicated to you either via the App, website or through our marketing).
We may request your payment information when you opt for a free trial to experience our Premium Services. By providing payment information you agree that we may automatically begin charging you on a monthly recurring basis (or any other interval that we notify you of in advance) for your use of the Premium Services starting from the first day after the end of the free trial. If you do not wish to continue receiving the Premium Services after the expiry of the free trial period then you must follow the steps set out at “CANCELLATION POLICY” below before such expiry of the free trial period.
We are not responsible for providing you with advance notice of the expiry of the free trial period.
Additional trial terms and conditions relating to a free trial may appear on our App, website or through our marketing by way of a description of the particular trial or at registration of your Premium Subscription Account. Any such additional terms concerning a free trial are incorporated into these terms by reference and are legally binding. A free trial may not have full access to all the Premium Services and functionality on the App that you would otherwise obtain when paying for the Premium Services.
Although a free trial may be advertised, we reserve the right to refuse to provide a free trial to any Food Vendor at our absolute discretion.
MARKETING
The information you use whilst marketing and promoting your services via the App is limited to the information you have provided to us through your Subscription Account. We will not be liable for any claims or damages resulting from any incorrect information given to us and/or stored on your Subscription Account.
THE APP STORE’S TERMS ALSO APPLY
The ways in which you can use the App, Services, Premium Services and Documentation may also be controlled by the Apple iTunes Store’s (Apple devices) or Google Play’s (Android devices) rules and policies. A direct link to the relevant app store’s rules and policies can be located below:
| Apple iTunes Store | iTUNES STORE – TERMS AND CONDITIONS (apple.com) |
| Google Play | Google Play Terms of Service |
In the event of any conflict or inconsistency between the relevant app store’s rules and policies and these terms, the app store’s rules and policies will prevail.
CONSENT TO USE ELECTRONIC COMMUNICATION
By accepting these terms, you authorise My Streats Ltd to send you push notifications or any other form of electronic communication directly to you through the App (collectively, “Push Notifications”). Push Notifications are a way for us to provide you information and alerts associated with your use of the App and the Services. You may stop receiving Push Notifications by turning off the notification settings on your device (please consult the manufacturer’s guidance manual for your particular device).
OPERATING SYSTEM REQUIREMENTS
This App shall be suitable for a mobile device (smartphone or tablet) that is less than 4 years old, with a minimum of 2GB RAM and 8GB storage, plus the Apple iOS or Google Android KitKat operating system that is within current support by Apple and Google (or such other OS version adopted by Apple or Google Android in the future)
We are unable to guarantee that the App will be compatible with your device. Your standard data and messaging rates will apply when using the App.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support: if you want to learn more about the App, the Services and/or Premium Services or have any problems using them please take a look at our support resources at www.mystreats.co.uk or refer to the “Contact Us” page on our website (https://www.mystreats.co.uk/contact-us/).
Contacting us (including complaints): if you think the App, the Services and/or the Premium Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@mystreats.co.uk or refer to our “Contact Us” page on our website (https://www.mystreats.co.uk/contact-us/).
How we will communicate with you. If we have to contact you, we will do so by email, by SMS, by Push Notification or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and subscribe to the App.
YOU MAY NOT TRANSFER THE APP
We are giving you personally the right to use the App, the Services, Documentation and, by virtue of a Premium Subscription Account only, the Premium Services as set out above under the heading of “HOW YOU MAY USE THE APP”. You are not permitted to transfer or share the App, the Services and/or the Premium Services to or with someone else or any other entity, whether for money, for anything else or for free. If you sell or gift any device on which the App is installed, you must remove the App from it.
CHARGES AND PAYMENT – PREMIUM SUBSCRIPTION ACCOUNTS ONLY
We use third parties in the collection and processing of your premium subscription payment for the Premium Services. We are currently using either Google Play (for android devices) or Apple’s iTunes Store (for Apple devices). The method and timing of payments, and what happens if your payment method cannot be charged, is determined by either Google Play’s or Apple iTunes terms as applicable, which can be accessed via hyperlink above under the heading “THE APP’S STORES TERMS ALSO APPLY”.
You hereby warrant that you have the right to use all payment method(s) you submit to Apple or Google.
We reserve the right to alter the monthly or annual subscription fee from time to time. We will provide you with 30 days advance written notice of any changes to the fee.
NO SET-OFF RIGHTS
You must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
As the features to our App, the Services and/or the Premium Services may change regularly, you may not receive prior notice of any change to these Terms and your continued use of the App shall be treated as acceptance to our updated Terms. We will give you advance notice of any material change by sending you an email with details of the change or by notifying you of a change when you next start the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App and this will be treated by us as a request to cancel your Subscription Account (see “CANCELLATION POLICY” below).
UPDATE TO THE APP AND CHANGES TO THE SERVICES AND/OR PREMIUM SERVICES
We do not guarantee that our App, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App, Services and/or Premium Services for business and operational reasons. We will try to give all Subscription Account holders reasonable notice of any planned suspension or withdrawal.
From time to time we may automatically update the App and change the Services and/or Premium Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also update the App to ensure compatibility and functionality with the operating system of devices when the provider of such operating system updated their systems. Alternatively, we may ask you to update the App for these reasons, and you should always use and refresh your device so it is updated with the latest operating system.
If you choose not to install such updates or if you opt out of automatic updates or you fail to update your device you may not be able to continue using the App, the Services and/or the Premium Services. In the event that you are unable to continue using the App, you will need to contact us directly resolve the issue or to cancel your Subscription Account (see “SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS” for contact details).
IF ANOTHER PERSON OR ENTITY OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, the Services and/or Premium Services you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any part of the Services and/or Premium Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The Services and the Premium Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location service settings for the App on the device. If you use the Services and/or Premium Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
If you choose to turn off the location service settings for the App, we will not be liable for how this may impact your experience when using our App, the quality of the Services or the Premium Services or its functionality.
You may stop us collecting such data at any time by also turning off the location services settings on your device. Please refer to the device manufacturer’s guidance on turning of location settings.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App, the Services and the Premium Services may contain links to other independent websites. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App and App. You must not attack our App, either by a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App and/or App will cease immediately.
LICENCE RESTRICTIONS
You agree that you will:
ACCEPTABLE USE RESTRICTIONS
You must:
FOOD HEALTH AND HYGIENE
You hereby warrant that you will:
You are obliged to provide us on request and without undue delay evidence that you have complied with the above warranties and you hereby agree to indemnify us against all and any liability claims, costs and expenses and other losses suffered by or brought against us arising from any breach of these warranties set out in paragraphs (a) – (f) above.
ALLERGENS
As a Food Vendor, you are solely responsible for the existence, quality, safety and legality of your goods and services. You are required under these terms and by the law to provide allergen information to the consumer for both prepacked and non-prepacked food and drink. You are also responsible for handling and managing food allergens effectively in food preparation.
RETURNS AND REFUNDS POLICY
Due to the nature of the Services and/or the Premium Services, there is no option for a refund of any part of the subscription fee.
If you think there is something wrong with the Services and/or the Premium Services, you must contact our Customer Service Team at hello@mystreats.co.uk or refer to our “Contact Us” page of our website (https://www.mystreats.co.uk/contact-us/) where we will look to resolve the matter as soon as reasonably practical.
CANCELLATION POLICY
You may cancel your monthly or annual Subscription Account at any time by logging into your Subscription Account and following the cancellation steps described.
If you cancel your monthly Premium Subscription Account, cancellation will take effect from the end of your next monthly billing cycle. You will not be eligible for a refund for any monthly Premium Subscription Account fees paid prior to the month the cancellation takes place.
If you cancel your annual Premium Subscription Account, cancellation will take effect on the one year anniversary following your subscription start date or renewal date. You will not be eligible for a refund for any part of the Premium Subscription Account fee paid in advance.
DURATION AND TERMINATION
You agree to be bound by these terms during the period from the date you accept them and in relation to provisions set out in these terms that are intended to continue after termination of such provisions shall continue to apply.
Without affecting any other right or remedy available to us, we may terminate your Subscription Account with immediate effect by giving you written notice if:
CONSEQUENCES OF TERMINATION
On termination of your Subscription Account:
CONFIDENTIALITY
You shall not at any time during your Subscription Account with us, and for a period of 1 year after termination/cancellation of your Subscription Account, disclose to any person or entity any of our confidential information (as defined below) disclosed to you or made known to you by using the App, Services and/or Premium Services, except to:
You shall not use our confidential information for any purpose other than to perform your obligations under these Terms where it is necessary to use confidential information.
For the purposes of this clause “confidential information” shall mean all our confidential information however recorded or persevered and however imparted or derived including but not limited to any information that would be regarded as confidential by a reasonable business person relating to: i) our business, assets, affairs, customers, clients, suppliers, or plans (or of any member of the group of companies to which we belong); and (ii) Our operations, processes, product information, know-how, designs, trade secrets or software (or of any member of the group of companies to which we belong); and any information developed by us in the course of providing the App, Services and/or the Premium Services and in the future.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, any Services and/or the Premium Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation, any part of the Services and/or the Premium Services throughout the world belong to us (or our licensors) and the rights in the App, the Services and/or the Premium Services are licensed (not sold) to you.
You have no intellectual property rights in, or to, the App, the Documentation or the Services and/or the Premium Services other than the limited right to use them in accordance with these Terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
YOUR RESPONSIBILITY TO US
If a claim is brought against us due to an action or omission by you (including a breach of any of these terms) then you hereby agree to indemnify us for our losses including our costs (legal or otherwise) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. You are required, on our request to do so, to provide us with reasonable assistance where we decide to conduct the defence of any such claim or demand.
WE MAY END YOUR RIGHTS TO USE THE APP, THE SERVICES AND/OR THE PREMIUM SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App, Services and/or the Premium Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App, Services and/or the Premium Services:
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
COMPLIANCE
You shall at your own expense comply with all laws and regulations relating to the goods and services you provide, as they may change from time to time.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English and Welsh law and you agree to the exclusive jurisdiction of the English court to resolve any disputes arising under the contract for the provisions of products or services.
