WEBSITE 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 “we” or “us”).

These Website Terms (“Website Terms”) set out the terms between you and us when you access our website at www.foodstalker.com (the “Website”). These Website Terms apply to all users of, and visitors to, the Website. If you decide to sign up and register to use an account on our Website (the “Account”) additional Account Terms will apply to you (viewable here). Your use of the Website means that you accept and agree to abide by these Website Terms and our Privacy and Cookies Policy and Acceptable Use Policy which are deemed to form part of these Website Terms. These Website Terms take effect from the date of your first use of the Website.

These Website Terms were last changed on [15th January 2018].

These Website Terms can be stored or printed using the buttons at the top of this page.

1. Your use of the Website

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”.

1.2.  In order to watch the Footage you must access the Website and follow the directions to the relevant location.

1.3.  If you are under 18 years old:

a.     you must have your parent’s or guardian’s permission before watching any Footage;

b.     you must read these Website Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to  these Website Terms; and

c.     your parent or guardian must agree to these Website Terms on your behalf before you watch any of our Footage.

2.  Your use of the Website

You must register and create an account (“Account”), and agree to the Account Terms in order to use the interactive features of the Website. Only individuals aged 13 or over are able to register and create an Account and, if you are aged between 13 and 18 you must get your parent or guardian’s permission to do so. 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 (including the Foodstalker chefs, presenters, kitchen team members and other venue employees) (“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.

3.  Intellectual Property

3.1.  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.

3.2.  By accessing the Footage in accordance with Clause 1.2, 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 it for commercial purposes.

3.3.  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.

3.4.  If you wish to reproduce any of our Website content commercially (including as part of any company website) please contact us at info@foodstalker.com. Permission to reproduce any of our content is at our sole discretion.

3.5.  Notwithstanding the remainder of this Clause, in relation to our Website and its content (including the Footage), you shall not:

a.   sublicense, lease, transfer, sell, charge, assign, rent or otherwise commercially exploit the Website and/or Footage 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.

3.5 You are prohibited from contacting 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.  Warranties

4.1.  These Website Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for this Clause 4.1, would be implied or incorporated into these Website 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.

4.2.  We make no promise that the Website and/or Footage will meet your requirements. We cannot guarantee that the Website and/or Footage will be fault-free or that your access to the Website and/or Footage will always be available or uninterrupted. If a fault occurs with the Website and/or Footage you should report it to info@foodstalker.com and we will attempt to correct the fault. Your access to the Website and/or Footage may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. 

4.3.  We do not guarantee that the Website and/or Footage 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/or Footage. You shall ensure that you have suitable computer hardware, software and internet connection in order to access and use the Website and/or Footage. You should use your own virus protection software.

4.4.  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 your 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 scripted or edited in any way prior to transmission. We cannot guarantee that the Footage and/or user comments 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.

4.5.  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.

5.  Our Liability

5.1.  Nothing in these Website 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.

5.2.  Subject to Clause 5.1, 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 whether direct, indirect, incidental, special, punitive, or consequential arising out of or in connection with:

a.         the provision by us to you of the Website (including the Footage) under this contract 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.         any error or omission, whether computer or man-made, in the provision of the Website (including the Footage) and any typographical or programming errors;
c.          the provision of the Website (including the Footage) 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;
d.         the failure of your software, hardware or connection to the Internet;
e.         your use of the Website, including the viewing of any Footage, specifically:
(i)      any errors or omissions made by you in relation to your use of the Website and/or Footage;
(ii)     your use of the Website and/or Footage in a manner contrary to these Website Terms and any instructions given by us;
(iii)    your use of the Website and/or Footage 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;
f.           any modification to the Website (including the Footage) by anyone other than us; and
g.         any unauthorized access to the Website (including the Footage) by any person through accident or by fraudulent means or devices.

5.3.  Subject to Clause 5.1 while we try to ensure that content on the Website (including the Footage) 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. You accept sole responsibility for the lawfulness of your use of the Website.

5.4.  Subject to Clause 5.1, 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 Website Terms shall be limited to £100.

5.5.  You acknowledge that the above exclusions and limitation of liability are reasonable given the nature of the Website.

6.  Third Party Websites and Advertising

6.1.  The Website may contain links to other websites or material. We are not responsible for the content on any third party website. 

6.2.  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.

7.  Termination of your use of the Website

Without prejudice to any other remedies you may have, if in our opinion you have breached or are likely to breach these Website Terms you may be banned from the Website and we make take steps to prevent you from using it.

8.  General Terms

8.1.  We may update these Website Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Website Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Website Terms.

8.2.  You may not assign, sub-license, transfer or charge any of your rights or obligations under these Website Terms. Foodstalker may sub-contract any of its obligations under these Website Terms.

8.3.  No failure or delay by Foodstalker in exercising any right or remedy provided under these Website 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.

8.4.  We shall not be responsible for any breach by you of these Website Terms caused by circumstances beyond our reasonable control. 

9.1.      These Website Terms and any dispute arising out of or in connection with these Website Terms and your use of the Website 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.

9.2.      We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website 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 Website 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.