Terms of Use

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use the App, (“Our App”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our App.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our App immediately. 

 

1.               Definitions and Interpretation

1.1           In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of Our App;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;

“User”

means a user of Our App;

“User Content”

means any content submitted to Our App by Users; and

“We/Us/Our”

means Best in Bag Ltd, a company registered in England under 10801866, whose registered address is 10th Floor, K&B Accountancy Group, One Canada Square, Canary Wharf, London, E14 5AA.

 

2.               Information About Us

2.1           Our App, Best in Bag, is owned and operated by Best in Bag , a limited company registered in England under 10801866, whose registered address is 10th Floor, K&B Accountancy Group, One Canada Square, Canary Wharf, London, E14 5AA

3.               Access & Use of Our App

3.1           Access to Our App is free of charge.

3.2           It is your responsibility to make any and all arrangements necessary in order to access Our App. 

3.3           Access to Our App is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our App (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our App (or any part of it) is unavailable at any time and for any period.  Use of the App is at your own risk. 

4.               Application Information

4.1           Information provided on the App is for informational guidance purposes only.  It is not intended to diagnose, substitute or replace professional medical, nutritional or health professional advice.

4.2           When creating an Account, the details you provide must be accurate and complete.  Information provided on the App is based on the filters defined by you and is for information purposes only.  If any of your information changes later, it is your responsibility to ensure that your Account information is kept up-to-date.  All information is used and applied solely at your own risk.

4.3           Users with special dietary requirements or food sensitivities are reminded to ensure they have a clear understanding of ingredients within the products prior to consumption.  In some cases it may be necessary to check information provided with the manufacturer or your healthcare professional directly.

4.4           On occasion, recipes used by manufacturers are changed or ingredients substituted.  In line with sub-Clause 4.3 above, it is necessary to check with the manufacturer directly if you are not sure about any product ingredient which may have been changed, substituted or omitted.  We make no warranties or representations regarding the completeness or accuracy and will not be held liable for loss or damage suffered by users out of the reliance on information provided.

4.5           Information is provided “as is” and may have been provided and/or reviewed by healthcare professionals.

4.6           Data within the App is compiled using third party information including the ingredients list and panel nutritional information.   Data is not independently verified for accuracy.

4.7           Certain parts of Our App may require an Account in order to access them.

4.8           You may not create an Account if you are under 16 years of age.  If you are under 16 years of age and wish to use the parts of Our App that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.9           Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998.

4.10        If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our App requiring an Account for access.

 

5.               Intellectual Property Rights

5.1           With the exception of User Content, all Content included on Our App and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, such as UK Food Composition data, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2           Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our App unless given express written permission to do so by Us.

5.3           You may:

5.3.1      Access, view and use Our App

5.4           Our status as the owner and author of the Content on Our App (or that of identified licensors, as appropriate) must always be acknowledged.

5.5           You may not use any Content saved or downloaded from Our App for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our App for general information purposes for private use only.

5.6           Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5.7           No part of our App may be reproduced without our prior written consent.

 

6.               User Content

6.1           An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.2           You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content.

6.3           You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4           You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our App. In addition, you also grant Other Users the right to copy and quote your User Content within Our App.

6.5           We may reject, reclassify, or remove any User Content from Our App in Our sole opinion or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

7.               Links to Other Websites

Links to other websites may be included on Our App.  Unless expressly stated, these websites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party Apps.  The inclusion of a link to a third party website on Our App is for information only and does not imply any endorsement of the website or services themselves or of those in control of them.

 

8.               Disclaimers

8.1           Nothing on Our App constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our App.

8.2           Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our App damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

8.3           We make reasonable efforts to ensure that the Content on Our App is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  

 

9.               Our Liability

9.1           The provisions of this Clause 9 apply only to the use of Our App

9.2           To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (including User Content) included on Our App.

9.3           To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content included on Our App.

9.4           Our App is intended for non-commercial use only.  If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.5           We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware.  However, subject to sub-Clause 8.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content from it) or any other App referred to on Our App.

9.6           We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.7           Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

10.           Viruses, Malware and Security

10.1        We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware.

10.2        You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3        You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.

10.4        You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.

10.5        You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6        By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our App will cease immediately in the event of such a breach.

 

11.           Acceptable Usage Policy

11.1        You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

11.1.1   you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2   you must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3   you must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4   you must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2        When submitting User Content (or communicating in any other way using Our App), you must not submit, communicate or otherwise do anything that:

11.2.1   is sexually explicit;

11.2.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

11.2.3   promotes violence;

11.2.4   promotes or assists in any form of unlawful activity;

11.2.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

11.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.7   is calculated or is otherwise likely to deceive;

11.2.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

11.2.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

11.2.10 implies any form of affiliation with Us where none exists;

11.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3        We reserve the right to suspend or terminate your access to Our App if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

11.3.1   suspend, whether temporarily or permanently, your Account and/or your right to access Our App;

11.3.2   remove any User Content submitted by you that violates this Acceptable Usage Policy;

11.3.3   issue you with a written warning;

11.3.4   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.3.5   take further legal action against you as appropriate;

11.3.6   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.3.7   any other actions which We deem reasonably appropriate (and lawful).

11.4        We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

12.           Privacy and Cookies

Use of Our App is also governed by Our Privacy and Cookie Policy, available from https://www.bestinbag.me/privacy .

 

13.           Changes to these Terms of Use

13.1        We may alter these Terms of Use at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our App after the changes have been implemented.  You are therefore advised to check this page from time to time.

13.2        In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

14.           Contacting Us

To contact Us, please email Us at info@bestinbag.me .

 

15.           Data Protection

15.1        Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

 

16.           Law and Jurisdiction

16.1        These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

16.2        If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.3        If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.