ACCOUNT TERMS
We are Foodstalker Limited, a company registered in England and Wales with a company number of 10727005 and a registered office at 2 Jardine House, Harrovian Business Village, Bessborough Road, Harrow, Middlesex HA1 3EX (hereafter “Foodstalker”, “we” or “us”).
These terms (the “Account Terms”) set out the terms between you and us when you create, access and use an Account at www.foodstalker.com (the “Website”). If you are not a registered user of the Website then you are still bound by our Website Terms. Both the Account Terms and the Website Terms incorporate our Privacy & Cookies Policy and Acceptable Use Policy
These Account Terms were last changed on [15th January 2018].
These Account Terms can be stored or printed using the buttons at the top of this page.
1. Your Account
1.1. The Website allows you to watch (i) live footage of professional chefs, their teams and support staff as they prepare food in Foodstalker’s kitchen (“Live Footage”); (ii) edited stories from previous sessions (“Edited Stories”); and (iii) user generated content such as live video chats, uploaded user clips, and video messages left by venue customers (“User Generated Content”), collectively, the “Footage”. By registering for an Account, you can comment on the Footage, purchase food that has been prepared by Foodstalker chefs, engage in live dialogue with Foodstalker Personnel and other members of the Foodstalker community and purchase Foodstalker merchandise. Without registering and creating an Account you are limited to watching the Footage only.
1.2. We may update these Account Terms from time to time. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Website. The changes will apply to the use of the Account features immediately after we have given notice. Your continued use of your Account indicates your agreement to be bound by the revised Account Terms.
2. Eligibility for an Account
2.1. These Account Terms take effect from the date you first create and register an account (an “Account”) and shall apply when you use your Account on the Website.
2.2. By setting up an Account, and clicking to agree to these Account Terms you shall be deemed to have accepted these Account Terms in full. We shall confirm by email that your Account has been set up. Acceptance of these Account Terms by you is required in order to set up an Account.
2.3. By setting up an Account, you promise to Foodstalker that:
a. you accept and agree to the Account Terms;
b. the information you provide to Foodstalker is true and accurate and you will update such information when necessary;
c. you have not previously been banned or blocked from using the Website or any other Account;
d. the Account you have registered is your only Account on the Website;
e. you are aged 13 or over and, where you are aged between 13 and 18, you: (i) have your parent's or guardian's permission before creating an Account on our Website; (ii) have read these Account Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Account Terms; and (iii) confirm that your parent or guardian have agreed to these Account Terms on your behalf before you use your Account for the first time; and
f. if you are a company or other legal entity that you have the authority to agree to these Account Terms on behalf of such company or legal entity.
3. Acceptable Use Policy and Privacy and Cookies Policy
3.1. The Acceptable Use Policy forms part of these Account Terms. By agreeing to the Account Terms you also accept and agree to be bound by our Acceptable Use Policy
3.2. The Privacy and Cookies Policy forms part of these Account Terms. By agreeing to the Account Terms you also accept and agree to be bound by our Privacy and Cookies Policy.
4. Foodstalker Interaction
4.1. By creating an Account, you can (i) order food from Foodstalker; (ii) participate in the Website messaging and comments system which allows members to communicate with each other and to comment on the Footage; and (iii) participate in interactive and live chats with Foodstalker Personnel (collectively the “Interactive Features”).
4.2. You agree not to use the Interactive Features:
a. to send or post any harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
b. in any way that is fraudulent, false, deceptive, misleading, or deceitful, or has that purpose or effect;
c. to interfere with any other person’s use or enjoyment of the Website or their Account;
d. to send or post any materials which contain viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or code designed to adversely affect the operation of any computer software or hardware;
e. to send or post any unsolicited or unauthorised advertising or promotional materials (e.g. spam);
f. in any way that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
g. in any way that infringes any patent, trade mark, trade secret, copyright or other intellectual property or proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h. in any way that contravenes the Acceptable Use Policy [LINK];
i. for any other purpose which Foodstalker decides is not permitted; or
j. to instruct, assist or advise any other person to perform the acts prohibited in Clauses 4.2(a) to 4.2(i).
4.3 You agree to deal fairly, professionally and promptly with other users of the Website and/or the Foodstalker Chefs with whom contact is made as a result of use of your Account and that you will not do anything to bring other users of the Website or Foodstalker itself into disrepute. You further agree that you will not contact Foodstalker Personnel directly in relation to any commercial opportunities for such Foodstalker Personnel without first obtaining Foodstalker’s prior written permission to do so.
4.4 In order to participate in live chats with the Foodstalker Personnel you will need a Skype account and the minimum system and internet connection requirements specified by Skype for such Skype account to function properly. We may change the system via which such live chats are to be facilitated and, if we do so, we will notify you of what the minimum requirements are in order to participate. We accept no responsibility for any losses suffered by you as a result of your use of Skype or any other similar third party provider’s service. It is your responsibility to review and agree to any applicable third-party licence terms prior to entering into them.
5. Purchase of Food and Beverages
5.1. Your Account access allows you to, subject to you being located in an area in which delivery is available (see further Clause 5.2 below) (“Available Delivery Area”), purchase certain food items prepared at Foodstalker as well as a selection of beverages (each a “Product”). The purchase of Foodstalker merchandise is dealt with in Clause 6 below.
5.2. The menu is available on the Website for all users to view. Should you wish to purchase one or more Product(s) you will be required to enter your post code. Your Account will then indicate whether you are in an Available Delivery Area. We cannot guarantee that delivery will be available to your area. If you are not in an Available Delivery Area we will notify you accordingly and you will not be able to order any Product(s) for delivery.
5.3. If you are in an Available Delivery Area you will be able to choose from a menu of available Products on the Website. Please note that where we display pictures of any Products, whilst we attempt to ensure such pictures are as accurate as possible and reflect the Products’ actual appearance, there is no guarantee that such picture is accurate or error free. Similarly, we cannot guarantee that any Product descriptions are accurate, complete or error free (although we will use our reasonable endeavours to do so). In particular, if you suffer from any allergies, we cannot guarantee that any Products are free from allergens and accept no responsibility or liability for any losses suffered by you as a result of ordering Products that cause an allergic reaction. We will inform you via the Website of a description of each dish but our Products are cooked in a kitchen containing a variety of fresh ingredients and we cannot guarantee a lack of cross-contamination. Any decision as to whether you order such dish is your choice alone.
5.4. If you wish to purchase any Product(s) on the menu you will be able to make an offer to purchase such Product(s) by adding such Product(s) to your basket.
5.5. Due to the fresh nature of our Products we give no guarantee as to the availability of any particular Product. Certain Products are daily specials and hence are only available for a limited time only. Only once we have confirmed your Order in accordance with Clause 5.7 below will the availability of such Product(s) be confirmed.
5.6. We only deliver our Products during certain time-slots which will be notified to you via your Account.
5.7. Once you have added the Product(s) to your basket, we will ask you to confirm your order ( “Order”). Confirmation of your Order is not acceptance of your Order by us. All Orders are subject to availability. Once we have received the Order and reviewed it we will either process payment for your Order or inform you that payment cannot be completed and an alternative selection must be made. Once payment has completed a contract is created between you and us (“Contract”). The Contract is completed in London, England and the language of the Contract is English. The Contract will relate only to those Products in your Order that we have taken payment for. If your Order is rejected in full you will not be charged for your Order. We reserve the right not to accept your Order.
5.8. We (or our authorised courier company) will make delivery of your Order to the address which is provided by you when you place your Order. Your Order will be deemed to be delivered to you when delivered to that address or a third party nominated by you acquires possession of your Order. We will provide an estimated delivery time for your Order. Please note that delivery times are a guide only and time is not of the essence in any situation. Our delivery times may, for example, be affected by traffic and weather. If you do not provide us (or our authorised courier company) access to your address or correct contact details, to deliver your Order within 10 minutes of us (or our authorised courier company) arriving at your address, we reserve the right to leave and you will still be charged for your Order.
5.9. The title and risk in your Order will remain with us until delivered to you in accordance with Clause 5.8 above. We shall not be liable for any damage, defect, or loss which may occur thereafter.
5.10. As your Order contains fresh and perishable food you are not entitled to the “normal” right to return your Order within 14 days after the day you receive your Order. This is because the food is likely to have a best before date within only a few hours or days of delivery.
6. Purchase of Merchandise
6.1. Your Account allows you to purchase certain Foodstalker merchandise (“Merchandise”). The purchase of Products is dealt with in Clause 5 above.
6.2. Please note that where we display pictures of any Merchandise, whilst we attempt to ensure such pictures are as accurate as possible and reflect the Merchandises’ actual appearance, there is no guarantee that such picture is accurate, complete or error free.
6.3. We cannot guarantee the availability of any particular item of Merchandise.
6.4. Once you have added the Merchandise to your basket, we will ask you to confirm your order ( “Merchandise Order”). Confirmation of your Merchandise Order is not acceptance of your Merchandise Order by us. All Merchandise Orders are subject to availability. Once we have received the Merchandise Order and reviewed it we will either process the payment of your Merchandise Order or otherwise inform you that payment cannot be processed and an alternative selection must be made. Once payment has completed a Contract is created between you and us. The Contract is completed in London, England and the language of the Contract is English. The Contract will relate only to those items of Merchandise in your Merchandise Order that we have taken payment for. If your Merchandise Order is rejected in full you will not be charged for your Merchandise Order. We reserve the right not to accept your Merchandise Order or enter into the Contract.
6.5. We (or our authorised courier company) will make delivery of your Merchandise Order to the address which is provided by you when you place your Merchandise Order. Your Merchandise Order will be deemed to be delivered to you when delivered to that address or a third party nominated by you acquires possession of your Merchandise Order. We will provide an estimated delivery time for your Merchandise Order. Please note that delivery times are a guide only and time is not of the essence in any situation. If you do not provide us (or our authorised courier company) access to your address to deliver your Merchandise Order within 10 minutes of us (or our authorised courier company) arriving at your address, we (or our authorised courier company) will follow the delivery instructions (including “leave safe” instructions) provided to us by you when making your Merchandise Order. If no leave safe instructions are specified, the Merchandise Order will be left in an area that the we (or our authorised courier company) considers safe. The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to us (or our authorised courier company). We will endeavour to follow any delivery instructions you provide us with but completion cannot be guaranteed. Our obligation to deliver the Merchandise Order shall be fulfilled once we (or our authorised courier company) deliver the Merchandise Order: to you (or third party nominated by you); to the leave safe location specified by you; or if we (or our authorised courier company) consider the Merchandise Order safe
6.6. The title and risk in your Merchandise Order will remain with us until delivered to you in accordance with Clause 6.5 above. We shall not be liable for any damage, defect, or loss which may occur thereafter. You are fully responsible for any damages or losses due to any ambiguity regarding the leave safe location specified by you in the Merchandise Order.
6.7. You may use your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) to cancel your Merchandise Order.
a. You can cancel your Merchandise Order within 14 days of the date on which the Merchandise has been delivered to you. There is no right to cancel any Merchandise Order for the supply of goods liable to deteriorate or expire rapidly.
b. If you do have the right to cancel, to exercise your right to cancel, you must notify us in writing by email at info@foodstalker.com with the subject line “CANCELLATION” and list your name and your physical address, the reference number from your Merchandise Order, the Merchandise concerned, the date of your Merchandise Order, and the date of the receipt of the Merchandise Order.
c. You must return the Merchandise to us within 14 days from the day on which you communicate your cancellation of the Merchandise Order to us. You will be liable to arrange and cover the full cost of returning the order to us.
d. If you cancel your Merchandise Order we will refund you all payments received from you by us for that Merchandise Order (or part refund you for such payment should cancellation be in respect of part of the Merchandise Order), including the costs of delivery that you paid (except for supplementary costs arising if you chose a type of delivery other than the standard delivery applied to your order). We will make the refund to you within 14 days after the day that we receive your returned Merchandise in accordance with the Regulations. We will use the same method of payment as you used for the initial payment of the Merchandise Order, unless we have expressly agreed otherwise.
e. We may deduct an amount from your refund equal to the diminution of value caused by your handling of the Merchandise.
7. Use of your Account
7.1. You acknowledge that Foodstalker may make changes to the Website, and you are obliged to use the most recent version of the Website. Foodstalker is not obliged to, nor shall Foodstalker, provide or support older versions of the Website.
7.2. Each Account is for personal use only. You are not permitted to share your username and password with any other person nor with multiple users on a network. You shall maintain the confidentiality of your login names and passwords and take reasonable precautions to maintain their security, and to prevent any unauthorised access to your Account.
7.3. In relation to our Website or its content, except as set out in Clause 10, you shall not:
a. sublicense, lease, transfer, sell, charge, assign, rent or otherwise commercially exploit the Website or your Account other than for its intended purpose;
b. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute, alter, reverse engineer, decompile, disassemble or otherwise reduce to human perceivable form all or any part of the Website (including any Footage);
c. attempt to obtain, access, alter, or destroy all or any part of the Website (including but not limited to Footage, data files, programs, procedures and/or information of Foodstalker, or any user of the Website);
d. access, transmit, create or store any virus, worm, trojan horse, bot or other destructive or contaminating program using the Website; or
e. deploy on the Website any bot, spider, web crawler or other automated query program at any time for any reason. We prohibit scraping, crawling, caching or otherwise accessing any content on the Website. The use of automated systems or software to extract data from the Website for commercial purposes (‘screen scraping’) is prohibited unless you have a written licence agreement with us which permits you to do so.
7.4. Foodstalker shall use its reasonable endeavours to:
a. provide support services you require to be able to use the Website and your Account; and
b. make available the Website and your Account for your use for the duration of the period these Account Terms apply.
8 Fees
8.1. You shall pay any fees to order Product(s) and/or Merchandise via the payment facility accessible via your Account. Payment can be made via your Account using payment methods which are identified within your Account and which are updated from time to time. All payments by credit or debit card are subject to checks by us, your card issuer and any payment provider.
8.2. All Fees are inclusive of VAT or other taxes (where applicable)
8.3. The price of the Product(s) will be the price quoted on the Website at the time we accept your Order. Our prices change from time to time and the prices displayed on the Website shall apply to your purchase. We shall use all reasonable efforts to guarantee the prices are correct but shall not be liable for any losses arising from incorrect pricing due to human or computer mistake or error.
8.4. You acknowledge that Foodstalker merely provides a Website and that it is not a payment provider or a ‘merchant’ for payment. Instead, payment services are provided by a payment provider integrated into the Website and Foodstalker does not store any payment information itself. Foodstalker is not party to any agreement between you and the payment provider and is not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Account Terms. Payment providers may decide whether you are suitable to use their services and Foodstalker is not liable for such decisions
9. Warranties
9.1. Each party warrants to the other that:
a. it has full power and authority to carry out the actions contemplated under these Account Terms, and that its entry into and performance of the Account Terms will not infringe the rights of any third party or breach any obligations owed to a third party; and
b. it shall comply with all applicable laws, regulatory requirements and codes of practice relating to carrying out its obligations under these Account Terms.
9.2. These Account Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for this Clause 9.2, would be implied or incorporated into these Account Terms, or any collateral agreement, by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9.3. We make no promise that the Website or use of your Account will meet your requirements. We cannot guarantee that the Website will be fault-free or that access to your Account will always be available or uninterrupted. If a fault occurs with the Website you should report it to info@foodstalker.com and we will attempt to correct the fault. Your access to the Website and/or your Account may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
9.4. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and your Account. You shall ensure that you have suitable computer hardware, software and internet connection in order to access and use the Website and your Account. You should use your own virus protection software.
9.5. With respect to the Footage:
a. the Edited Stories may change from time to time as Foodstalker updates its content library;
b. the quality of the display of the Footage may vary depending on the device used to watch the Footage and be dependent on factors such as the bandwidth/speed of your internet connection, your location, and the specifications of the device on which you choose to watch the Footage. We shall not be responsible for any changes in quality of the display of the Footage;
c. you may be required to use third party software in order to access the Footage, such software being subject to applicable third party licence terms. You are responsible for reviewing and agreeing to such terms, if required, prior to your accessing the Footage. Foodstalker accepts no responsibility, and shall not be liable, for any losses or damages caused to you as a result of the use of such third party software;
d. we cannot make any guarantees about the nature of our Footage, specifically the Live Footage which is not edited in any way prior to transmission. We cannot guarantee that the Footage will not contain strong language or other material which may not be suitable for children. In addition, as the Footage relates to the preparation and cooking of food, we cannot be responsible for any scenes which you may find upsetting or disturbing, such as the preparation of meat or fish. By accessing and viewing the Footage you accept responsibility for its content and waive any rights that you may have to complain about such content, and, where you allow anyone under the age of 18 to access the Footage, for ensuring that the Footage is suitable for their viewing;
e. we cannot guarantee that the Footage will be accessible outside the United Kingdom.
9.6. The Website may contain links to other websites or material. We are not responsible for the content on any third party website. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws and industry codes of practice. We are not liable to you for any error or inaccuracy in advertising and sponsorship materials or for any loss of any kind which you suffer as a result of such advertising or sponsorship.
10. Intellectual Property
10.1. The Website and its content (including the Footage, all articles, photographs, images, text, fonts and designs) is owned by us and our licensors (unless indicated otherwise) and is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights.
10.2. By accessing the Footage in accordance with Clause 1, we grant you a limited, non-exclusive, non-transferable licence to access the Website and view the Footage for your personal, non-commercial use. You may view, retrieve and display the content of the Website on a computer screen or other device which connects to the internet or print one copy of such content for your own personal, non-commercial use, as well as share such content non-commercially via any social media network, provided you;
a. keep intact all and any copyright and proprietary notices; and
b. do not otherwise reproduce, copy, distribute, resell or otherwise use such content for commercial purposes.
10.3. Any material you send or post to the Website or participate in at the venue, including any of your User-Generated Content, shall be considered neither confidential nor proprietary. We shall have no obligations with respect to such material and shall be free to host, display, copy communicate and otherwise deal with such material for any purpose anywhere in the world.
11. Our Liability
11.1. Nothing in these Account Terms excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; or (c) any other loss or damage for which liability cannot be limited or excluded by law.
11.2. Subject to Clause 11.1, we shall not be liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages arising out of or in connection with:
a. the provision by us to you of the Website and any access to your Account leading to any loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time or office time, reputational damage, stress, or adverse mental status;
b. your use of your Account and the Website, specifically:
i. any errors or omissions made by you in relation to your use of the Website and/or your Account;
ii. your use of the Website and/or your Account in a manner contrary to these Account terms or any instructions given by us;
iii. your use of the Website and/or your Account following your receipt from us of a notice of any alleged or actual infringement of third party rights from any appropriate authority or third party;
c. any error or omission, whether computer or man-made, in the provision of the Website (including any typographical or programming errors);
d. use of the Website and/or your Account leading to a loss or corruption of content or data or losses or damage to any computer equipment, computer programs, data or other proprietary material caused by viruses, bugs, worms, trojan horses, bots or other harmful and destructive components;
e. the failure of your software, hardware or connection to the Internet;
f. any modification to the Website by anyone other than Foodstalker;
g. any unauthorized access to the Website and/or your Account by any person through accident or by fraudulent means or devices;
h. any decisions made by a third party (e.g., the third party payment provider);
i. any third party claim or liability relating to the provision of a payment providers’ on-line payment services, or for any non-payment by you if the issuer of your card refuses to authorise payments;
j. the delivery time in respect of your confirmed orders, whether in relation to the time they are delivered or the instructions you have given in order to facilitate collection.
11.3. Subject to Clause 11.1, we are not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages which are indirect, incidental, special, punitive, or consequential.
11.4. Subject to Clause 11.1, while we try to ensure that content on the Website is correct, reputable and of high quality, we give no representation or warranty, whether express or implied in relation to the content and as to whether the content is accurate complete or current. We shall not be liable for any reliance placed on any of the content on the Website by you or any third party.
11.5. Subject to Clause 11.1, whilst we take reasonable steps to ensure that the Products are prepared properly by the Foodstalker Personnel we are not responsible for the preparation, handling or cooking of the Products, except to the extent that such Foodstalker Personnel are our employees. Other than in such cases we are therefore not liable for the quality of the Products, the portion size, or any complaint about the perceived status of the Products, including alleged cases of food poisoning. We are unable to offer refunds or compensation based on the standard of the Products, however, we may choose to do so at our discretion.
11.6. Subject to Clause 11.1, our liability to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or for any other common law or statutory cause of action or otherwise arising by reason of or in connection with these Account Terms shall be limited to the monies paid by you via your Account (including in respect of any Orders or Merchandise Orders made by you) in the 12-month period prior to the date of breach.
11.7. We shall not be responsible for any breach by us of these Account Terms caused by circumstances beyond our reasonable control.
11.8. You acknowledge that the above exclusions and limitation of liability are reasonable given the nature of the Website.
12. Suspension of your Account
12.1. We may suspend your Account (or any part of access to your Account) at any time if in our reasonable opinion:
a. you have failed to comply with any of the provisions of these Account Terms;
b. we need to carry out maintenance; or
c. for any other reason we consider, in our sole discretion.
12.2. In order to facilitate a suspension of your access to your Account, we may, without any liability to you, disable your password, Account and access to all or part of the Website. We are under no obligation to provide any or all of the Website and/or your Account until the circumstances at Clause 12.1 are resolved to our satisfaction.
12.3. Exercise of any right of suspension under this Clause 12 does not waive any right of termination which Foodstalker may have.
13. Termination of your Account
13.1. The “Term” is the period for which these Account Terms are in force. The Term shall commence on the date from which your Account is first activated and you agree to these Account Terms and shall continue until terminated by either you or Foodstalker under this Clause 13.
13.2. Foodstalker may terminate these Account Terms at any time if, without prejudice to any other remedies it may have, you have breached or are likely to breach these Account Terms. You may be barred from your Account and we make take steps to prevent you from using it.
13.3. You may terminate these Account Terms by closing your Account at any time using the facility on the Website.
13.4. The termination of your Account, for whatever reason shall:
a. end all licences granted under these Account Terms and you may no longer access your Account;
b. not affect any of your rights, remedies, obligations or liabilities that have accrued during the Term, including the right to claim damages in respect of any breach of these Account Terms; and
c. not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.
14. General
14.1. Notices: All notices given under or in connection with these Account Terms to you shall be in writing and shall be sent to the email address you provided when your Account was opened (or as amended). Any such notice shall be deemed to have been served when successfully despatched in full.
14.2. Assignment and Subcontracting: You may not assign, sub-license, transfer or charge any of your rights or obligations under these Account Terms. Foodstalker may sub-contract any of its obligations under these Account Terms.
14.3. Independent Contractors: Nothing in these Account Terms shall render you an agent or partner of Foodstalker and Foodstalker shall not hold itself out as such.
14.4. Entire Agreement: These Account Terms constitute the entire understanding between you and Foodstalker concerning the subject matter hereof. You acknowledge and agree that in entering into these Account Terms you have not relied on any representation or warranty or undertaking other than those expressly set out in these Account Terms and, except in relation to any liability for fraudulent misrepresentation, you shall not be under any liability or have any remedy in respect of misrepresentation or untrue statement.
14.5. No Waiver: No failure or delay by Foodstalker in exercising any right or remedy provided under these Account Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
14.6. Severability: Each provision of these Account Terms shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of these Account Terms and the remainder of the provision in question shall continue in full force and effect.
14.7. Third Party Rights: A person who is not a party to these Account Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999, or any other similar legislation around the world.
14.8. Interpretation: References to clauses are references to the relevant clause in these Account Terms. Words denoting the singular include the plural and vice versa and words of any one gender include reference to both genders. References to a “person” include natural persons, corporations, companies, firms, associations and organisations. References to “including” and “include” shall be construed as illustrative and deemed to mean respectively “including without limitation” and “include without limitation”. References in these Account Terms to any statute, statutory provision or regulation includes a reference to: (i) that statute, statutory provision or regulations as from time to time amended, extended, re-enacted or consolidated whether before or after the date of these Account Terms; and (ii) all statutory instruments or orders made pursuant to it.
15. Law and Jurisdiction
15.1. These Account Terms and any dispute arising out of or in connection with these Account Terms and your use of the Account shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to commence court proceedings, you must do so in the courts of England and Wales.
15.2. We make no promise that materials on the Account are appropriate or available for use in locations outside the United Kingdom, and accessing the Account from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Account from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If at any time you would like to contact us about your views or any enquiry relating to these Account Terms or Foodstalker Limited more generally, you can do so at info@foodstalker.com or write to us at 2 Jardine House, Harrovian Business Village, Bessborough Road, Harrow, Middlesex HA1 3EX.
