TERMS AND CONDITIONS
Varyify is an online platform to help users find the best restaurants and eateries, you can visit or order from, who’ve made great food that fits your dietary needs, free from restrictions.
Thank you for choosing Varyify and welcome to the services operated by Varyify Limited via our website available at www.varyify.com or any other website, device or platform, along with the iOS and Android mobile apps (the “Varyify Product“), and any other services that we may provide in relation to the services, such as customer support, social media, community channels and other websites that we may operate from time to time (together, the “Services“).
These Terms and Conditions (these “Terms“) apply to the Services. The Terms apply whether you are a user that registers an account with us or an unregistered user or visitor to the Site. You agree that by subscribing or otherwise registering, downloading, accessing or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.
These Terms were last updated on 18th December 2019. The Services are operated by Varyify Limited (“us“, “we“, “our” or “Varyify“). Further information about Varyify, including how to contact us, is set out in section 13, below. You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
The Services are only available to legal residents of the United Kingdom and Ireland. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on our website (www,Varyify.com, the “Site“) with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
THE VARYIFY SERVICES
In order to use the Varyify Product and access free content you will need to download the Varyify mobile app and can create a Varyify account with us or access as a Guest. We reserve the right to change or discontinue the Varyify Services (or any part thereof) in accordance with Section 7.11. The Varyify Online Services and the Varyify Non-online Services are together referred to as the “Services”.
RIGHTS WE GRANT YOU
The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws.
All Materials contained on our Services are the property of Varyify and/or third party licensors, except where Materials including trademarks and logos and information, images and other files, are the express property of restaurants and eateries listed as part of Varyify Services.
We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials.
We reserve all rights not expressly granted in these Terms. You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials. If we find that you have made unauthorised use of the Materials found on this Services, we may terminate this licence at any time (and without notice).
YOUR USE OF OUR SERVICES
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times.
You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret.
You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
You agree that you will comply with any applicable third party terms of agreement when using the Services.
You agree that your use of the Varyify Services will be reasonable, and you will not abuse the Varyify Services.
You understand that you can only use the Varyify Product on an iOS device running one of the last 2 major versions of the iOS operating system. For illustrative purposes only, if the most recent version of the iOS operating system is iOS 11.2.4, your device’s operating system must be iOS 10.0.0 or later.
You agree that you will not impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes use the Services for any commercial or business purpose or the benefit of any third party; sell, transfer or try to sell or transfer an account with us or any part of an account; contravene any regulations or requirements of any network connected to our Services; disrupt or interfere with our Services or networks or servers that provide our Service; use virtual private networks, false email addresses or any other means to mask your identity; attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information; disable or modify any copy protection technology used on our Services; not to alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site or any of the Services; collect, harvest or ‘scrape’ any data from any web pages contained in our Site;
upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation; upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; do or omit to do anything which would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation; interfere with another user’s use and enjoyment of the Site or the Services; or use our Services in any other way not permitted by these Terms. We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN
Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information: a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act; a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence; a description of the copyright works that you claim have been infringed; your full name, address and telephone number and a valid email address on which you can be contacted; a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
Please send the notice containing the above information by email to firstname.lastname@example.org. Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services.
We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.
As part of our Services you will have access to restaurant and dietary menu information and related content and any other products and/or services which are provided by third parties via the Varyify “Services“. You acknowledge that such information is designed for educational and lifestyle purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical or dietary advice or treatment. The use of any information provided on our Services is solely at your own risk. You also understand that meals are provided by third party restaurants and eateries and we take no responsibility for changes in accuracy of their menus. Please read our Health Disclaimer for more details.
You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in use of any of the Varyify Services. If you are between the ages of 16 and 18, you agree that your legal guardian has reviewed and agreed to the Medical Disclaimer.
LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
We are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.
We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.
We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
We may change and update our Services in whole or in part without notice to you. We make no warranty or representation regarding the availability of the Varyify Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
To the fullest extent permitted by law, you agree to indemnify and hold Varyify harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of:
your breach of these Terms; any allegation that any materials that you submit to or post on our Services infringe or otherwise violate the rights of a third party; and your access or use of our Services.
If you have any questions or complaints about the product, please contact us via email@example.com.
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 the contract was made, both we and you knew it might happen. Our total liability to you will be limited to the price paid by you under the contract in respect of the order out of which the foreseeable loss or damage arose.
Nothing in these Terms limits or excludes our liability for fraudulent representations made by us or for death or personal injury caused by our negligence or omissions, or for breach of your legal rights in relation to the products
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
OTHER IMPORTANT TERMS
When you access any of our Services using an Apple device, you agree that: these Terms are concluded between you and Varyify only, and not with Apple, and Varyify, not Apple, are solely responsible for the Services and the content thereof; the licence granted to you to use the Services as set out in section 2.2 is a non-transferable license to use the Services on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Services may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services; These Terms do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).
If any part of these Terms is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
This contract is between you and us. No other person has any rights to enforce any of its terms (save for as set out in section 13.2(g) above).
Provisions which by their terms or intent are to survive termination of these Terms and will do so.
You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales.
The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.
HOW TO CONTACT US AND FURTHER INFORMATION
If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: firstname.lastname@example.org
We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
The Services are operated by Varyify Limited (registered in the UK with company number: 11328677) located at: SG House, 6 St Cross Road, Winchester, Hampshire, SO23 9HX.
How We Collect Your Information
We collect your personal information when you interact with us or use our services, such as when you use our Sites to search or are redirected to place an order. We also look at how visitors use our Sites, to help us improve our services and optimise customer experience.
Information We Collect From You
As part of our commitment to the privacy of our customers and visitors to our Sites more generally, we want to be clear about the sorts of information we will collect from you.
Use Of Your Information
We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.
We also process your information to determine whether you may be interested in hearing about our Varyify Partners service and, if your employer signs up for Varyify Partners, to make this service available to you.
Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about our other products and services that may be of interest to you and we may contact you to do so by email or phone. You can control your email marketing preferences via the Varyify mobile application, menu bar, scrolling down to "Marketing Preferences".
Automated Decision Making
We conduct fraud checks on all users. Where we believe we may detect fraudulent activity we may block you from using our Sites.
Retention Of Your Information
We will not retain your information for any longer than we think is necessary.
Disclosure Of Your Information
The information we collect about you will be transferred to and stored on our servers located within the EU. We are very careful and transparent about who else your information is shared with.
We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.
Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.
If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO) using the following details:
Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone number: 0303 123 1113
Information provided through the Varyify Services does not purport to be and must not be taken as medical advice, therefore, before eating at a restaurant you should always double-check your order and contents of dishes before eating, especially if you have any medical condition(s) or are taking medication, are pregnant or have any related dietary concerns.
You agree that Varyify.tv will not be liable to you and/or any third party for or in connection with:
losses not caused by our breach of these terms and conditions; or any consequential or incidental losses which are a side effect of the main loss or damage and not reasonably foreseeable by us and you at the time of entering into these terms and conditions.
Varyify cannot accept any liability for the actions of third party restaurants or eateries or any breach by them of the terms of their service to you. Varyify will not be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect or consequential damages of any kind, which arises out of or is in any way connected with your meal at any restaurant or eateries.