TERMS AND CONDITIONS (AND END-USER LICENSE AGREEMENT)
LAST UPDATED: MARCH 14, 2021
PLEASE READ THIS END-USER AGREEMENT ON TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE APP FROM ANY APP STORE PROVIDER.
This Terms and Conditions applies as between you (End-user or you) and PEPAR LTD (registered number 10962127) of 71-75 Shelton Street, Covent Garden, London, England (Licensor, us, our or we) for the license or use of our:
- PEPAR mobile application software (App);
- online OR electronic documents (Documents); and
- the services you connect to via the App and the content we provide to you through it (Services).
The use of the App, Documents and Services is licensed to you on the basis of this Agreement and subject to any terms, rules or policies applied by any app store provider or operator from whose site (App store), where the End-user downloaded the App (App store Rules). The App store Rules will apply instead where there are differences between the two. By installing the App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content.
We do not sell the App or Documents to you. We remain the owners of the App, Service and Documents at all times.
IMPORTANT NOTICE:BY DOWNLOADING THE APP FROM ANY APP STORE PROVIDER YOU:
1. AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENTS WHICH WILL BIND YOU.
2. REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OVER AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING AGREEMENT; AND
3. ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the App, Documents and Services and you must delete the app from your device immediately or stop the download process.
In this Agreement the following terms shall have the following meanings:
“Account” / “Login Details”means collectively the personal information, and credentials used by Users to access the App;
“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this App;
“Data”means collectively all information that you submit to the App. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
“Pepar LTD”means Pepar Limited, registered at 71-75 Shelton Street Covent Garden, London, WC2H 9JQ, ENGLAND;
“Service”means collectively any online facilities, tools, services or information that Pepar LTD makes available through the Mobile Application either now or in the future;
“System”means any online communications infrastructure that Pepar LTD makes available through the Mobile Application either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”means any third party that accesses the App and is not employed by Pepar LTD and acting in the course of their employment; and
“App” / “Software”means the mobile application that you are currently using and any sub-domains of this application unless expressly excluded by their own terms and conditions.
1. About Pepar and the App
1.1 The App is owned, managed, operated and maintained by Pepar Limited, (registered number 10962127) of 71-75 Shelton Street, Covent Garden, London, England.
1.2. Pepar is a recipes and cooking App which allows Users to create or join cooking groups with Users nearby, and chat with other Users for the sole purpose of cooking a home-cooked meal together.
1.3. The Users can create personal Pepar profiles, communicate with other Pepar Users and Pepar (via any social media forum, the App and otherwise), provide feedback on their experiences and use such other Services available on the App from time to time.
1.4. Pepar LTD shall be entitled at its own discretion to suspend the App for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the App or Platform.
1.5. Pepar LTD relies on third party providers (such as network providers, data centres and telecommunication providers). We do not warrant that the App is fault free at all times, and therefore shall not be liable in any way for any losses, damages, costs or expenses you may suffer as a result of delays or failures of the Services and App as a result of Pepar LTD or its service providers.
1.6. Pepar LTD reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
2. General Acknowledgements
2.1. The terms and conditions of this Agreement apply to the App, the Documents and the Services, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this Agreement.
2.2. We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
2.3. From time to time updates to the App may be issued through the App store. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
2.4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this Agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
2.5. By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.7. Objectionable Content Policy Content may not be submitted to the App, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, or poker. In order to ensure the App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Block and Report User" feature found under each user profile.
2.8. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.9. Any words following the terms including, include, in particular or, for example or any similar phrase in this Agreement shall be construed as illustrative and shall not limit the generality of the related general words.
3. License Grant and User Obligations
Pepar LTD hereby grants you a personal, non-transferable, non-exclusive licence to use the Pepar software on your devices in accordance with the terms of this Agreement.You are permitted to load the Pepar software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Pepar software. You agree that you are solely responsible and liable for all activities carried out by your use of the App, including, but not limited to, for the content of any communication made when using or about the App.
3.1. You agree that at all times, you shall:
3.1.1. comply with all instructions and policies from Pepar LTD from time to time in respect of the use of the App and Services;
3.1.2. co-operate with any reasonable security or other checks or requests for information made by Pepar from time to time; and
3.1.3. use the information made available to you on the App and through the Services at your own risk.
3.2. You agree that at all times, you shall not:
3.2.1. upload to the App, any information, reviews, comments, images, third party URL links or other material whatsoever in any format, whether within your personal Profile, or elsewhere on the App that, in Pepar’s reasonable opinion, may be deemed to be defamatory, offensive, illegal, inappropriate or that in any way:
a) promotes racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) displays pornographic or sexually explicit material;
d) promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
e) promotes any illegal activities;
f) provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
g) promotes or contains information that you know or believe to be inaccurate, false or misleading;
h) engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Pepar; ori) infringes any rights of any third party (including, but not limited to, their intellectual property rights).
3.2.2. your Login Details with the intent of impersonating another person;
3.2.3. allow any other person to use your Login Details;
3.2.4. do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
3.2.5. use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or the restrictions set out in our FAQs, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
3.2.6. infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
3.2.7. use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
3.2.8. collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
3.2.9. edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such thing;
3.2.10. reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
3.2.11. allow any third party to use the Software on behalf of or for the benefit of any third part;
3.2. 12. use the Software in any way which breaches any applicable local, national or international law;
3.2.13. use the Software for any purpose that Pepar LTD considers is a breach of this Agreement.
3.3. If you believe that any User Submission made by another User is inappropriate, please “Block and Report User '' through the App or contact Pepar LTD using firstname.lastname@example.org. We shall use its reasonable endeavours to review the relevant User Profile as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Profile is deemed to be in breach of these Terms, Pepar LTD reserves the right at its absolute discretion to suspend a User Account.
3.4. In the event that you have a dispute with any other User of the App, you hereby release Pepar LTD from any claims, demands, losses. expenses and damages (whether direct, indirect actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
4. Intellectual Property
4.1 All Content included on the App, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Pepar LTD, our affiliates or other relevant third parties. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Pepar LTD. By continuing to use the App you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
4.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the App unless otherwise indicated on the App or unless given express written permission to do so by Pepar LTD.
4.3. Material from the App may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6.1. Pepar LTD makes no warranty or representation that the App will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
6.2. No part of this App is intended to constitute advice and the Content of this App should not be relied upon when making any decisions or taking any action of any kind.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Pepar LTD accepts no liability for any disruption or non-availability of the App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, Pepar LTD accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the App or any information contained therein. Users should be aware that they use the App and its Content at their own risk.
8.2. Nothing in these terms and conditions excludes or restricts Pepar LTD’s liability for death or personal injury resulting from any negligence or fraud on the part of Pepar LTD.
8.3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.11. NoticesAll notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.