Plate Planner app terms and conditions

WHO WE ARE

We are Eye to Eye Media Limited, a company incorporated and registered in England with company number 06870389 (we, our, us). Our registered office is at Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT.

THESE TERMS

These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when you download our app, PLATE PLANNER (the App), from the Apple store, access and use the App, and, if applicable, subscribe to the services offered via the App (the Services).

Please refer carefully to these Terms before you start to use or access the App and (if applicable) the Services.

By using the App and (if applicable) the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us. 

You and we acknowledge that the contract formed under these Terms is between you and us only, and not with Apple. As between us and Apple, it is us (not Apple) who is responsible for the App and its content (but subject always to these terms).

OTHER APPLICABLE TERMS

These Terms refer to and incorporate the following additional documents, which also apply to your use of the App and (if applicable) the Services:

• our Privacy Policy (the Privacy Policy), which sets out the terms on which we process any personal data we collect from you or that you provide to us via the App; and
• our Cookie Policy, which sets out information about the use of cookies on the App.

CHANGES TO THESE TERMS

At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and/or to ensure that we are constantly improving your experience using the App and the Services.

We will notify you of changes to these Terms through messaging on the App. By continuing to use the App and (if applicable) the Services after changes are made and notified, you are accepting those changes and will be bound by them. If you do not agree to any changes, you should immediately cease using the App and the Services (please see the Cancelling Your Subscription section below for more detail on your right to cancel and receive a partial refund in these circumstances).

HOW THE APP WORKS

We offer various Services via the App, including those which allow you to:

• browse recipes;
• create bespoke meal plans tailored to your specifications;
• benefit from intelligent meal planning linked to your stated shopping habits and preferences;
• generate shopping lists based on your recipe choices and meal plans; and
• link your shopping lists to your online shopping account(s) with third party grocery suppliers.

The list above is not an exhaustive list of the Services and we may decide to offer additional Services, or cease to provide any Services, at any time.

REGISTRATION

You do not have to register to the App, but the Services are available only to users who (a) register and set up an account; and (b) pay the relevant Subscription Fees (see the Subscription Fees, Prices and Payment section below). Users who have registered and are paying Subscription Fees are called Subscribers (and Subscribe and Subscription will be construed accordingly).

In order to use the Services, you must be at least 18 years old and have a smart phone/tablet with an internet connection.

To register and set up your account, you will need to complete a registration process by providing your name and email address, Facebook log-in or Apple ID. You will also need to choose a password for use in connection with your account, and will need to enter your chosen payment details. Please refer to our Privacy Policy for more information about how we process the information you provide to us.

You agree that you will provide truthful and accurate information when registering on the App. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password and your account, and for any access to or use of the App and/or the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you.

You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the App and/or the Services. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms.

You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time or email plateplanner@eyetoeyemedia.co.uk to notify us of any changes.

SUBSCRIPTION FEES AND PAYMENT

Access to the Services is subject to payment of a monthly subscription fee (the Subscription Fee).

Current Subscription Fee prices will appear on the relevant page(s) of the App. We may change our prices at any time by posting new prices on the App, but these changes will not affect you during any then-current Subscription period. If your Subscription Fee is due to change, we will send you an email notification at least 7 days before the change is to take effect. With the notification, we will offer you the option of ending your Subscription (without penalty) or accepting and continuing with your Subscription at the new price.

We accept Visa, Mastercard and American Express cards for payment. By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the relevant fees.

The Subscription Fee is charged monthly in advance, on the same calendar day as the day on which you first Subscribed to the Service up until you end the Subscription. In the event the Subscription Fee cannot be charged on the same calendar day in a certain month, e.g. if such day should not occur on a business day (except for public holidays) the Subscription Fee will be charged on or around the next business day.

SPECIAL OFFERS AND TRIALS

We may from time to time run special offers whereby the standard monthly Subscription Fee is discounted for a certain number of months (for example: the first 3 months of your Subscription).

We may also from time to time offer trials. Trials allow you to try the Services for a limited period of time (the Trial Period) at a discounted rate, and you can cancel at any time during the Trial Period by using the functionality provided in the App. If you cancel during the Trial Period, your Subscription will cease at the end of the Trial Period and no further sums will be payable. If you do not cancel during the Trial Period, your Subscription will continue and you will be charged the standard monthly Subscription Fee from the end of the Trial Period until you cancel your Subscription in accordance with these Terms.

CANCELLING YOUR SUBSCRIPTION

Cancellation by you: You can cancel your Subscription at any time using the functionality provided in the App. Your cancellation will take effect at the end of your then-current Subscription period (for example, if you have a monthly Subscription, at the end of the then-current month; if you have an annual Subscription, at the end of the then-current year).

Cancelling your Subscription early because of something we have done or are going to do: You may also cancel your Subscription early (i.e. within your then-current Subscription period) if:

• we have told you about an upcoming significant change to your Subscription or these Terms to which you do not agree;
• we have told you about an error in the price or description of your Subscription and you do not wish to proceed with the Subscription at the correct price or description;
• we have suspended the supply of the App and/or Services for technical or other reasons, or we notify you that we are going to suspend the App and/or Services for such reasons, in either case for a period of more than 7 days; or
• you have a legal right to end the Subscription (and the contract between us) because of something we have done in breach of these Terms or in breach of your legal rights.

If you want to cancel for any of the above reasons, please contact us as described in the Communications Between Us and Support section below. Cancellation will take effect on our receipt of written notice and will we will refund you any Subscription Fees that you have paid us in advance that relate to any remaining and unexpired period of your Subscription.

YOUR STATUTORY RIGHT TO CANCEL

In addition to the cancellation rights described above, you have a legal right (under certain circumstances) to change your mind and cancel your Subscription within 14 days of making your first payment. This 14 day period is called the Cancellation Period. You do not need to give a reason for exercising this right.

If you want to exercise your statutory cancellation right, please let us know during the Cancellation Period by doing any of the following:

• By email. Email us at plateplanner@eyetoeyemedia.co.uk. Please provide your name and the email address associated with your account.
• In-App. Via the “My Account” section of the App under the “Your subscription and payments” section.
• By post. Print off the model cancellation form we’ve provided at the end of these Terms and post it to us at our address. Or simply write to us, including details of your Subscription (including when you signed up for it) and your name and email address. Send to Plate Planner, Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT.

If you exercise your right to cancel within the Cancellation Period as described in this section, we will refund the Subscription Fee you have paid. However, in these circumstances we are entitled to retain a pro-rata portion of the Subscription Fee representing the Services that have been provided up until the time you tell us that you want to cancel.

Your refund will be made without delay and in any event within 14 days of your telling us you have changed your mind, and will be made by the method you used for payment unless you expressly request/agree otherwise.

LICENCE AND ACCEPTABLE USE RESTRICTIONS

The licence granted to you under these Terms is limited to a non-transferable licence to use the App 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 the App may be accessed and used by other accounts associated with you via ‘Family Sharing’ or volume purchasing.

You may use the App and (if applicable) the Services for personal and lawful purposes only. In particular, but without limitation, you agree not to:

• use the App or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• use the App or the Services in any way that is defamatory, threatening, abusive, pornographic, or otherwise objectionable; or which advocates bigotry, hatred, or illegal discrimination;
• use, share, or otherwise exploit the App or the Services for any commercial, business, or monetised purpose whatsoever unless expressly permitted under these Terms;
• reproduce, duplicate, copy, share, or re-sell any part of the App or the Services in contravention of these Terms;
• use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of App or the Services; or
• access without authority, interfere with, damage or disrupt (a) any part of the App or the Services; (b) any equipment or network on which the App are stored; (c) any software used in the provision of the App or the Services; or (d) any equipment, network or software owned or used by any third party,

(together the Acceptable Use Restrictions).

ENDING YOUR RIGHTS UNDER THESE TERMS

We may end your rights under these Terms immediately and without notice if:

• you have breached any of the Acceptable Use Restrictions;
• we believe (in our reasonable discretion) that your use of the App and/or the Services is unsuitable;
• you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
• you are otherwise in breach of these Terms.

If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to and use of the App and (if applicable) the Services.

INTELLECTUAL PROPERTY RIGHTS

The App, and all material published on, in, or via the App (including but not limited to all text (including recipes), graphics, photos, logos, button icons, trade marks, audio and audio visual clips, databases, data compilations, and data (together the App Content)) is owned and controlled by or licensed to us.

You have no rights in, or to, the App Content other than the right to use the App Content strictly in accordance with these Terms.

You may not copy, adapt, display, share, or otherwise use any App Content except as enabled and permitted by the App and these Terms from time to time. 

You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

AVAILABILITY OF THE SERVICES

Your access to the App and/or the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new Services, though we will use our reasonable efforts to limit any such periods of suspension/restriction to the minimum necessary.

WEBSITES WE LINK TO

The App may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

COMPUTER VIRUSES

We will use reasonable endeavours to ensure that no part of the App will contain or spread any viruses or other malicious code. However, we recommend that you ensure that equipment used to access the App run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the App and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the App but subject always to our responsibilities set out in the Our Responsibility For Loss Or Damage Suffered By You section below [link to section].

NO RELIANCE ON INFORMATION

All information published on or via the App is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.

HEALTH DISCLAIMER

We make no guarantees as to potential outcomes arising from your use of the App or the Services. You acknowledge and understand that no aspect of the App or the Services should be construed as medical, dietary, lifestyle or any other form of advice or diagnosis. The App and the Services should not be used as substitutes for specialist consultation, evaluation, or treatment. You are urged and advised to seek the advice of a qualified health professional before beginning any dietary regimen, particularly if you are pregnant, breastfeeding, and/or have any type of health condition. We cannot and do not accept any liability for any outcomes or consequences arising from your use of the App or the Services, save to the extent set out in the paragraph below (see the Our Responsibility For Loss Or Damage Suffered By You section below [link to section]).

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, and for breach of your statutory rights as a consumer.

We provide the App and the Services for domestic and private use only. You agree not to use the App or the Services for any commercial or business purposes.

We are not responsible for the acts or omissions of any third party, including (without limitation) any third party grocery supplier who you have linked to via your account.

If any aspect of the App or the Services damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.

Except as set out in the paragraphs above in this section, you accept and agree we will not be liable for any harmful effect that accessing the App or the Services may have on you, and you agree that you access the App and (if applicable) the Services at your own risk. 

APPLE’S RESPONSIBILITY TO YOU

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to the App.

You are we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

COMMUNICATIONS BETWEEN US AND SUPPORT

If you wish to contact us for any reason including any questions, complaints and/or claims, you can do so:

• by emailing us at plateplanner@eyetoeyemedia.co.uk; or
• by writing to us at Plate Planner, Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT.

You and we acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the App.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

You must comply with applicable third party terms of agreement when using the App.

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To:

EYE TO EYE MEDIA LIMITED

Address: Axe and Bottle Court, 70 Newcomen Street, London SE1 1YT

Telephone: 020 7803 4100

Email: plateplanner@eyetoeyemedia.co.uk

I hereby give notice that I cancel my contract for the supply of Plate Planner subscription services.

Ordered on (date): 

Name: 

Address: 

Signature: 

Date: