Foodporn Terms of Service

Introduction

  1. Welcome! Thanks for using the Foodporn Website . By doing so, You agree to various things, including to perform Your obligations under these Foodporn Terms . So, please read them carefully.
  2. In these Foodporn Terms , any really important stuff appears in red text (Like This). So please read those clauses super carefully!

Definitions

  1. In these Foodporn Terms , some terms appear capitalised and bold (so, they appear Like This). A list of each term, and its meaning, is as follows:
    1. 1999 Act means the Contracts (Rights of Third Parties) Act 1999.
    2. Account Holder means a Business Account Holder and a Reviewer Account Holder.
    3. Administrative Services Information means information regarding:
      1. an Account Holder's account;
      2. services that an Account Holder has requested;
      3. administrative messages, Including service announcements;
      4. the functionality of Foodporn Services, Including any changes or improvements; or
      5. the functionality of new Foodporn services.
    4. Affiliate means any present or past director, officer, shareholder, agent or employee.
    5. Anyone means any natural person or legal entity, Including Casual Users and Account Holders.
    6. Bad Sponsorship Review means a Review which a Business has sponsored (for example, where the Business has paid a Reviewer for a Review, or offered him or her a benefit in kind in exchange for it), but:
      1. the Reviewer has not disclosed the sponsorship's nature and extent; and
      2. in Foodporn's opinion, the Reviewer does not:
        1. genuinely hold the opinion put forward in the Review; or
        2. have reasonable grounds for the opinion put forward in a Review.
    7. Business means an establishment that sells food or drink to consumers, Including restaurants, bistros, diners, cafes and bars.
    8. Business Account Holder means a sole trader or Separate Legal Entity that:
      1. runs a Business;
      2. creates and holds an account for commercial purposes related to that Business; and
      3. is a registered user of the Foodporn Services.
    9. Business Day means any day except Saturday, Sunday, a public holiday, Good Friday or Christmas Day.
    10. Business Representative means an individual who is an authorised representative of a Separate Legal Entity.
    11. Casual User means an individual who accesses the Foodporn Website but is not an Account Holder.
    12. Claim means any legal claim, suit, action, demand, notice, proceeding, litigation, investigation or the like, of every kind and nature, however arising, Including:
      1. arising in contract, tort (Including negligence), equity or under statute; and
      2. whether present or future, fixed or unascertained, actual or contingent, or known or unknown.
    13. Compromised means deleted, lost, modified, misused, corrupted, disclosed or accessed or used without authorisation.
    14. Content means any information in any form Including video, images, sounds or text, or a combination of any of them.
    15. Damage means any loss or damage, of every kind and nature, however caused, Including:
      1. loss, damages, costs or expenses (Including legal costs and expenses on an indemnity basis);
      2. debts, dues or liabilities; arising directly, indirectly or consequentially;
      3. whether pecuniary or non-pecuniary; and
      4. whether present or future, fixed or unascertained, actual or contingent, or known or unknown.
    16. Distributors means any individual or legal entity that contracts with Foodporn to syndicate, broadcast, distribute or publish Content on any and all forms of media.
    17. Feedback means any written ideas, suggestions, criticisms or proposals which are aimed at improving the Foodporn Services or Foodporn Website .
    18. Foodporn means:
      1. The Foodporn Group Pty Ltd (ACN 630 396 806) and its Related Bodies Corporate and Related Entities;
      2. Foodporn Limited (Company Number 11512343) and its Related Bodies Corporate and Related Entities; and
      3. Foodporn LLC, a company incorporated in New York, and its Related Bodies Corporate and Related Entities.
    19. Foodporn IP means the Intellectual Property Rights in the Foodporn Website and the Foodporn Services, excluding any Intellectual Property Rights in any users' Content and any Third Party IP.
    20. Foodporn Privacy Policy means the privacy policy that can be accessed here.
    21. Foodporn Services means the services concerning the advertisement and review of food and drink establishments, and of any related products and services, provided on the Foodporn Website .
    22. Foodporn Socials means any social media account that Foodporn owns and operates, Including its Instagram, Facebook, TikTok, Twitter, YouTube, Vimeo, Pinterest and LinkedIn accounts.
    23. Foodporn Terms means these terms of service.
    24. Foodporn Website means:
      1. the website that You can access on Your desktop computer, mobile or tablet device by clicking here;
      2. the IOS application entitled 'Foodporn' that You can access here; and
      3. the android application entitled 'Foodporn' that You can access here.
    25. Including means including without limitation.
    26. Intellectual Property Rights means all rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in world, whether or not such rights are registered or registerable, and current or future, Including:
      1. copyright and neighbouring rights (for example, moral rights);
      2. rights regarding inventions (such as patents);
      3. trademarks;
      4. design rights;
      5. business names and domain names;
      6. database rights;
      7. circuit layouts; and
      8. rights regarding confidential information (for instance, trade secrets).
    27. Law means the law of England and Wales.
    28. Licence means an irrevocable, worldwide, perpetual, non-exclusive, royalty-free licence.
    29. Listing means a Business's public profile displayed on the Foodporn Website , which profile will Include the Business's central operating information and information regarding its food or drink offerings.
    30. Offensivemeans potentially or actually hurtful, upsetting or resentful, Including bias, exploitative, malicious, defamatory, discriminatory, abusive, disrespectful, provocative, sexual, pornographic.
    31. Permitted Purpose means:
      1. publicly displaying Content;
      2. reformatting Content;
      3. incorporating Content into other works (such as advertisements);
      4. creating derivative works from Content;
      5. promoting Content; and
      6. distributing Content.
    32. Personal Data means any information about an individual from which that person can be identified.
    33. Promotional Services Information means information related to promoting or marketing:
      1. Foodporn's Services (Including new services);
      2. products, services or activities related to Foodporn Services; or
      3. Related Body Corporate has the meaning given to it in section50 of the Corporations Act 2001 (Cth).
    34. Related Body Corporate has the meaning given to it in section50 of the Corporations Act 2001 (Cth).
    35. Related Entity has the meaning given to it in section50 of the Corporations Act 2001 (Cth).
    36. Represent means state, warrant or represent.
    37. Representation means statement, warranty or representation.
    38. Resulting From means any causal connection, of every kind and nature, however strong or weak, between A and B, Including where B arises directly out of A, or indirectly in connection with A.
    39. Review means a formal assessment of a Business's food or drink offerings, comprising:
      1. a written assessment; and
      2. a selection of a 'thumbs up' icon (which signifies 'good') or 'thumbs down' icon (which signifies 'not good') to accompany the written assessment.
    40. Reviewer means someone who completes a Review.
    41. Reviewer Account Holder means an individual consumer that:
      1. creates and holds an account for non-commercial (Including consumer) purposes; and
      2. is a registered user of the Foodporn Services.
    42. Separate Legal Entity means a legal entity that has an identity that is separate from the actual user (Including a company or trust).
    43. Services Information means Administrative Services Information and Promotional Services Information.
    44. Third Party Content means Content that:
      1. is produced by or originates from parties other than Foodporn or its users; and
      2. We make available to users in connection with the Foodporn Service.
    45. Third Party IP means the Intellectual Property Rights in external systems which a third party has provided to Foodporn, and Foodporn has (with permission) reproduced on the Foodporn Website .
    46. Third Party Services means the services offered on websites or applications which Foodporn does not operate.
    47. Unauthorised Person means a person other than an Account Holder, a Business Representative or a Foodporn administrator.
    48. Use means use, copy, reproduce, process, adapt, modify, delete, publish, transmit, display, distribute or translate.
    49. We means Foodporn.
    50. You means:
      1. any individual who accesses the Foodporn Website ;
      2. any individual who uses any of the Foodporn Services; and
      3. a Separate Legal Entity on behalf of whom a Business Representative accesses the Foodporn Website , or uses any of the Foodporn Services.
  2. Where a word or phrase is defined, its other forms have a corresponding meaning. So, for example, We, Us and Our all refer to Foodporn.

These Foodporn Terms are binding

  1. If You are an individual, these Foodporn Terms legally bind You when You use the Foodporn Website in any way (for example, to browse, view a Listing or a Review, or sign up to an account).
  2. If You are a Separate Legal Entity, You:
    1. Represent that Your Business Representative:
      1. is entitled to act as Your agent, Including that he or she has the authority to act on Your behalf and affect Your legal relationship with third parties, and that he or she owes You a fiduciary duty; and
      2. will only access or use Your account in his or her capacity as an authorised representative (and not a personal capacity); and
    2. agree that these Foodporn Terms legally bind You when Your Business Representative uses the Foodporn Website in any way (for example, to browse, view a Listing or a Review, or sign up to an account).
  3. If You use the Foodporn Website , You confirm to Us that You have read and understood these Foodporn Terms , and that You accept them.
    1. If You find these Foodporn Terms unclear in any way, You should contact Us.
    2. If You are still unclear about something after contacting Us, You should consider getting some legal advice.

Changes to these terms

  1. We may change these Foodporn Terms every now and then. We may do so at Our sole discretion.
  2. If We change the Foodporn Terms , We will replace the previous version by posting the new version to the Foodporn Website . Once published, the updated Foodporn Terms will form the new contract between You and Us.
  3. We don't want to overload You, and so We will only let know about any material changes to the Foodporn Terms . If We make such changes, will notify You on or before the date the new terms take effect by either:
    1. sending You an email; or
    2. posting a notice on the Foodporn Website
  4. We will always let You know the date We published the current Foodporn Terms . We published these ones on 26 May 2020.

What Foodporn gives You

  1. If You are a Casual User who complies with the Foodporn Terms , in return Foodporn lets You use the Foodporn Website and provides You with the Foodporn Services, save that You cannot like, save or rate any Content, or post a Review.
  2. If You are an Account Holder who complies with the Foodporn Terms , in return Foodporn lets You use the Foodporn Website and provides You with the Foodporn Services.

Becoming an Account Holder

  1. Registration
    1. To register as a Reviewer Account Holder, You must:
      1. provide Your complete, accurate and current contact details; and
      2. be at least 13 years old.
    2. To register as a Business Account Holder, You must:
      1. be an establishment that has a physical address;
      2. be an establishment that legally sells food or drinks, or both, to consumers; and
      3. provide complete, accurate and current contact details for Your Business, and any Business Representatives.
    3. You must not register as an Account Holder:
      1. if We have disabled or terminated Your account for any reason; or
      2. under multiple identities.
    4. Registration is free. So, if You haven't registered, what are You waiting for? You can register as an Account Holder by:
      1. clicking on 'Log In / Sign Up' button at the top right-hand side of the screen here; or
      2. following the prompts in the IOS or android application entitled 'Foodporn'.
  2. Your obligations when You become an Account Holder
    1. When You register as a Reviewer Account Holder, You agree that You will keep Your contact details current.
    2. When You register as a Business Account Holder, You agree that You will keep current Your Business's contact details, and those of any Business Representative.
    3. When You register an Account Holder, You agree to keep Your Foodporn account information secret and secure. That information Includes Your username and password.
    4. Without limiting anything in clause6.2(c), You agree not to:
      1. allow an Unauthorised Person to access Your account; and
      2. disclose to Anyone information that will allow an Unauthorised Person to access Your account.
    5. If You find out that an Unauthorised Person has accessed or used Your account, You must immediately contact Us.
  3. Our rights when You become an Account Holder
    1. When You become an Account Holder, You expressly consent to Us:
      1. using Your Personal Data to provide You with Services Information (in line with the Foodporn Privacy Policy);
      2. taking any Content that You have given Us for the purpose of public display and:
        1. posting it on the Foodporn Website , Including by displaying as part of Your account profile the first name, last initial and any Content (such as a photo or video) that You provide during the account creation process.
        2. posting it on any of Foodporn's Socials; and
        3. including it in any of Foodporn's advertising.
    2. We will send You Promotional Services Information emails an 'opt-out' basis. So, if at any time You don't want to receive this information, then just click on the 'unsubscribe' link in those emails, or contact Us. We won't bother You with this again, unless You ask Us to do otherwise.
    3. We take Your privacy and information security seriously. The Foodporn Privacy Policy explains how We collect, use and process Your Personal Data, and how We and protect Your privacy when You use the Foodporn Website or the Foodporn Services. You can access that policy here.

Using the Foodporn Website and Foodporn Services

  1. Casual Users
    1. Casual Users may access the Foodporn Website and use the Foodporn Services, save that You cannot like, save or rate any Content, or post a Review.
    2. Casual Users may only use the Foodporn Website and the Foodporn Services in line with these Foodporn Terms and the Law.
    3. If You are a Casual User and You don't comply with the Foodporn Terms or the Law, We may suspend or terminate Your access under clause18.2.
  2. Account Holders
    1. All Account Holders may access the Foodporn Website and use the Foodporn Services.
    2. Account Holders may only use the Foodporn Website and Foodporn Services in line with these Foodporn Terms and the Law.
    3. If You are an Account Holder and You don't comply with these Foodporn Terms , We may suspend or terminate Your account under clause18.2.
    4. Business Account Holders may:
      1. create and edit an account profile;
      2. create and post a Listing;
      3. monitor and edit the Listing;
      4. advertise their Business on the Foodporn Website ; and
      5. respond to Reviews (for example, by thanking Reviewers for their Reviews, providing more information or an explanation, or engaging constructively with any criticism).
    5. If You are a Business Account Holder, You agree that:
      1. You and Your Business Representative will not seek to restrict, prohibit or interfere with Reviews about Your Business under any circumstances (for example, by attempting to persuade Reviewers to change their Reviews);
      2. You and Your Business Representative will not or respond to any Review or Reviewr's comments in an Offensiveway;
      3. Your Business will comply with all applicable laws, Including by not advertising or actually hiring or selling illegal products or services; and
      4. We may contact You, using the contact information that You have provided to Us, or that You have made publicly available.
    6. If You are a Business Account Holder, You Represent that You will not:
      1. personally write a Review for Your Business; or
      2. either personally or by a third party, or induce a third party to:
        1. prevent or remove a Review;
        2. write a Review for Your Business's competitors; or
        3. misrepresent Your affiliation to Anyone in connection with Your use of the Foodporn Services or Foodporn Website .
    7. Reviewer Account Holders may:
      1. create and edit an account profile;
      2. create and post a Review;
      3. like, save or rate any Content;
      4. follow other Reviewer Account Holders and Business Account Holders;
      5. bookmark a Business;
      6. note that they have visited a Business (by selecting 'been here');
      7. find our users (or 'foodies', as it were) on the Foodporn Website ; and
      8. invite friends (especially other foodies) to use the Foodporn Services and access the Foodporn Website .
    8. If You are a Reviewer Account Holder, You agree that:
      1. You will not or respond to any Review, Reviewr's comments or Business's comments in an Offensiveway; and
      2. We may contact You, using the contact information that You have provided to Us, or that You have made publicly available.

Listings

  1. Listing Content
    1. If You are a Business Account Holder, You are can post a Listing. If so, You are responsible for Your Listing's Content.
    2. You must ensure that Your Listing is complete, accurate and not misleading or deceptive in any way.
    3. At the very least, We recommend that a Listing should include the following Content:
      1. the Business's name;
      2. the Business's address;
      3. its opening hours;
      4. its contact details (such as its telephone number and email address);
      5. any special features (for example, whether it is family friendly or has wheelchair access);
      6. the types of cuisines or drinks available;
      7. a current food or drink menu; and
      8. images of the establishment, its food or its drinks.
  2. What You Represent when You Post a Listing
    1. When You submit Your Listing to be published on the Foodporn Website , You Represent to Us that:
      1. all the information in Your Listing is adequate and accurate, and not misleading or deceptive in any way;
      2. You are legally authorised to sell the food or drink items;
      3. Your Listing does not violate any law; and
      4. Your Listing does not infringe any third party's rights, Including their privacy rights or Intellectual Property Rights (for example, the images or text in the Listing won't breach a third party's copyright).
  3. Listing removal
    1. Foodporn may remove any Listing at any time. It may do so in its sole discretion, and without notifying or explaining anything to the Business Account Holder.
    2. Without limiting anything in clause8.3(a), We may remove any Listing which, in Our opinion:
      1. may cause Foodporn or Anyone else to violate any law or infringe any third party's rights, Including their Intellectual Property Rights;
      2. isn't appropriate to be published on the Foodporn Website , Including a Listing which contains Offensivematerial;
      3. is false, misleading or deceptive; or
      4. has been posted by a person who is not authorised to post a Listing from the Business's account.
    3. If We decide to remove Your Listing, We may also:
      1. suspend or terminate Your access-if You are a Casual User; or
      2. terminate Your account-if You are an Account Holder.

Reviews

  1. Review Content
    1. If You are a Reviewer Account Holder, You can a Review. If so, You are responsible for Your Review's Content.
    2. You must ensure that Your Review is accurate and not misleading or deceptive in any way.
    3. At the very least, We recommend that a Review should include the following Content:
      1. a written assessment of at least 50characters about Your personal experience at the Business, Including Your thoughts on the food or drink offered, the service and the atmosphere;
      2. a selection of a 'thumbs up' icon (which signifies 'good') or 'thumbs down' icon (which signifies 'not good') to accompany the written assessment; and
      3. if the Business sponsored You and expects a Review in return:
        1. the fact the Business did so; and
        2. the nature and extent of the sponsorship You received (for example, whether the Business paid You, gave You a discount or a benefit in kind, and the amount of that payment or discount, or value of the benefit in kind).
  2. What You Represent when You Post a Review
    1. When You submit Your Review to be published on the Foodporn Website , You Represent to Us that:
      1. You genuinely hold the opinion expressed in the Review;
      2. You have reasonable grounds for the opinion put forward in the Review;
      3. Your Review does not violate any law; and
      4. Your Review does not infringe any third party's rights, Including their privacy rights or Intellectual Property Rights (for example, the images or text in the Review won't breach a third party's copyright).
  3. Review removal
    1. Foodporn may remove any Review at any time. It may do so in its sole discretion, and without notifying or explaining anything to the Review Account Holder.
    2. Without limiting anything in clause9.3(a), We may remove any Review which, in Our opinion:
      1. may cause Foodporn or Anyone else to violate any law or infringe any third party's rights, Including their Intellectual Property Rights;
      2. is false, misleading or deceptive; or
      3. is a Bad Sponsorship Review.
    3. If We decide to remove Your Review, We may also:
      1. suspend or terminate Your access-if You are a Casual User; or
      2. terminate Your account-if You are an Account Holder.

Your Content

  1. Responsibility for Your Content
    1. You alone are responsible for Your Content.
    2. You assume all risks associated with Your Content, Including:
      1. Anyone relying on its accuracy, quality or reliability;
      2. any Representations Your Content makes; and
      3. any risks associated with any Personal Data disclosed in Your Content.
    3. We will keep copies of Your Content, and provide them to You, in accordance with our legal obligations. For further information, please see the Foodporn Privacy Policy.
  2. Proprietary rights to Your Content
    1. Subject to clauses10.2(b) and 10.2(c), You retain Your Intellectual Property Rights to any Content You post to the Foodporn Webpage.
    2. By posting Content to the Foodporn Webpage, You expressly grant all users of the Foodporn Services the right to access Your Content in connection with their use of the Foodporn Services.
    3. By posting Content to the Foodporn Webpage, You expressly grant Us:
      1. Anyone relying on its accuracy, quality or reliability;
      2. any Representations Your Content makes; and
      3. any risks associated with any Personal Data disclosed in Your Content.
    4. To avoid any doubt, Our Licence allows Us to share Your Content:
      1. on the Foodporn Socials; and
      2. with Our Distributors;
        1. subject to these Foodporn Terms ; and
        2. without Us or Our Distributors providing You with any benefit in return for You allowing them to use Your Content.
    5. We may modify Your Content in any way:
      1. when sharing it on the Foodporn Socials;
      2. when incorporating it in any advertising;
      3. in order to display it on, or transmit it over, any and all forms of media or communication; and
      4. to adapt that Content to any requirements of any network, device, service, media or form of communication.
  3. Your Representations about Your Content
    1. You Represent to Us that:
      1. You own Your Content, or have permission to Use and authorise the Use of Your Content in accordance with these Foodporn Terms , Including by granting a Licence to Us;
      2. Your Content does not violate any law;
      3. Your Content does not infringe any third party's rights, Including their privacy rights or Intellectual Property Rights (for example, the images or text in the Review won't breach a third party's copyright); and
      4. You will not expressly or impliedly Represent to third parties that Foodporn in any way approves, adopts, endorses or sponsors Your Content.
  4. Content removal
    1. Foodporn may remove any Content at any time. It may do so in its sole discretion, for any reason at all, and without notifying or explaining anything to the Account Holder.
    2. Without limiting anything in clause10.4(a), We may remove any Content which, in Our opinion:
      1. may cause Foodporn or Anyone else to violate any law or infringe any third party's rights, Including their Intellectual Property Rights;
      2. isn't appropriate to be published on the Foodporn Website , Including Content which contains Offensivematerial;
      3. is false, misleading or deceptive; or
      4. is included is a Bad Sponsorship Review.
    3. If We decide to remove Your Content, We may also:
      1. suspend or terminate Your access-if You are a Casual User; or
      2. terminate Your account-if You are an Account Holder.

Associated Content

  1. General
    1. Foodporn and its business partners, contractors, advisors or licensees may publicly display Content, Including advertisements, near or in association with Your Content.
    2. We might change the manner, mode and extent of this associated Content, such as advertising, at any time. We will not notify You about any changes regarding this stuff.
  2. No right to payment
    1. You have no right to be paid in respect of any associated Content, Including advertisements.

Your Feedback

  1. General
    1. We are always happy to receive Feedback.
    2. You can provide Us with Your Feedback by contacting Us.
    3. When You send Us Feedback, You agree that We are:
      1. a Licence to Use Your Feedback in any and all media, via any current and future distribution methods, and for any purpose, Including for a Permitted Purpose;
      2. the right to assign the Licence; and
      3. the right to create a sublicence for third parties to Use Your Feedback, in any and all media, via any current and future distribution methods, and for any purpose, Including for a Permitted Purpose.
  2. Proprietary rights to Your Feedback
    1. Subject to clause12.2(b), You retain Your Intellectual Property Rights to any Feedback You send to Us.
    2. By sending the Feedback to Us, You expressly grant Us:
      1. a Licence to Use Your Feedback in any and all media, via any current and future distribution methods, and for any purpose, Including for a Permitted Purpose;
      2. the right to assign the Licence; and
      3. the right to create a sublicence for third parties to Use Your Feedback, in any and all media, via any current and future distribution methods, and for any purpose, Including for a Permitted Purpose.
    3. We may modify Your Feedback in any way:
      1. when sharing it on the Foodporn Socials;
      2. when incorporating it in any advertising;
      3. in order to display it on, or transmit it over, any and all forms of media or communication; and
      4. to adapt that Feedback to any requirements of any network, device, service, media or form of communication.
  3. Your Representations about Your Feedback
    1. When You send Us Feedback, You Represent to Us that:
      1. You own Your Feedback, or have permission to Use and authorise the Use of Your Feedback in accordance with these Foodporn Terms , Including by granting a Licence to Us;
      2. Your Feedback does not violate any law;
      3. Your Content does not infringe any third party's rights, Including their privacy rights or Intellectual Property Rights (for example, the images or text in the Feedback won't breach a third party's copyright); and
      4. You will not expressly or impliedly Represent to third parties that Foodporn in any way approves, adopts, endorses or sponsors Your Feedback.

Foodporn IP

  1. We own the FoodpornIP.
  2. You can use the FoodpornIP whilst You use the Foodporn Website and Foodporn Services.
  3. Unless the Law otherwise permits, You must obtain Our prior written permission to Use any of the Foodporn IP in a way that these Foodporn Terms don't allow.

Third Party Content, Services and IP

  1. Third Party Content and Services
    1. The Foodporn Website may host Third Party Content, or include links to Third Party Services.
    2. We do not own, control, adopt or endorse any Third Party Content or Third Party Services.
    3. You agree that We are not responsible for any Third Party Content or Third Party Service. So, You assume all risks associated with Your use of or reliance on any Third Party Content or any Third Party Service, Including:
      1. the accuracy, quality or reliability of either;
      2. any Representations the Third Party Content makes; and
      3. Third Party Service's availability.
  2. Third Party IP
    1. A third party owns the Third Party IP.
    2. You can use the Third Party IP whilst You use the Foodporn Website and Foodporn Services.
    3. Unless the Law otherwise permits, You must obtain the relevant third party's prior written permission to use any of the Third Party IP in a way that these Foodporn Terms don't allow.

Booking and transacting

  1. General
    1. When using the Foodporn Services, You can access features which allow You to transact online with a Business, for example, by making restaurant bookings or ordering food delivery.
    2. Foodporn's third party partners may provide some of these features. So, during the transaction process, You may be provided with different terms which govern Your use of those features.
    3. You acknowledge that, if one of our third-party partners provides the relevant features, that third party and the Business will be responsible for completing the transaction.
  2. Payments and cancellations
    1. To confirm a booking, You may be required to:
      1. provide Your payment card details; and
      2. agree to particular charges, Including cancellation or 'no-show' fees in accordance with the Business's relevant policy provided at the time of booking.
    2. You agree that Foodporn may recover any unpaid charges on the Business's behalf.

Foodporn isn't responsible for lots of stuff

  1. Listings and Reviews
    1. We provide the Foodporn Website to create a 100per cent independent platform for You to discover, review and rate lots of Businesses.
    2. However, Foodporn is not the source of any information contained in a Listing or Review. Foodporn doesn't own or run any restaurant, cafe or bar. We aren't chefs, sommeliers or food critics (We're not that talented). We are wholly independent.
    3. Foodporn doesn't investigate whether a Listing or Review is complete, accurate, or not misleading or deceptive in any way. As We don't run any accounts, We don't monitor or review any Listings or Reviews.
    4. Foodporn is a mere conduit: We merely pass on the information in Listings or Reviews for what it is worth. We don't know or believe anything about that information, or adopt or endorse any of it.
      1. Foodporn is a mere conduit: a convenient medium by which a Listing is conveyed to a hungry diner or parched patron, and the diner's or patron's Reviews are conveyed to the public. We don't create any Content, or adopt anyone else's Content (even if We modify or reproduce it), We just stir it up and pass it on.
      2. Foodporn merely communicates what a Business is Representing in a Listing, or what a Reviewer is Representing in a Review.
    5. So, Foodporn is not responsible for the information We communicate.
    6. To the extent the Law permits, Foodporn doesn't expressly or impliedly Represent anything at all regarding any Listing or Review published on the Foodporn Website , Including that Foodporn doesn't expressly or impliedly:
      1. promise that any Content in a Listing or Review is correct or true;
      2. Represent that We adopt any Content in a Listing or Review as Our own;
      3. Represent that We endorse any Content in a Listing or Review;
      4. Represent that We know or reasonably believe that the Content in a Listing or Review is correct or true;
      5. Represent that any Listing or Review is not false, misleading or deceptive, or Offensive; or
      6. Represent that any Reviewer had a reasonable ground for his or her opinion put forward in a Review.
    7. You must exercise Your own judgment. You must not rely on any express or implied Representation that You believe Foodporn has made in agreeing to publish any Listing or Review. If You rely on any alleged Representation after We have advised You not to do so, You will have failed to take reasonable care. You should make Your own inquiries, and then rely on the results of those inquiries.
    8. To the extent the Law permits, Foodporn won't be liable to Anyone for any and all Damage suffered or incurred, or any and all Claims, Resulting From any Listing or Review.
    9. Foodporn doesn't owe You a duty of care in relation to any Listing or Review.
  2. Your Content and Feedback
    1. To the extent the Law permits:
      1. Foodporn won't be liable to Anyone for any and all Damage suffered or incurred, or any and all Claims, Resulting From any use We may make of Your Content or Your Feedback; and
      2. You irrevocably 'waive' (or 'give up') against Foodporn and any users of the Foodporn Services any Claims of moral rights with respect to Your Content or Your Feedback.
  3. Availability or performance issues, data loss or unauthorised data access
    1. Foodporn will reasonably try to make sure that:
      1. the Foodporn Website is available at all times (excluding any downtime needed for administrative tasks or maintenance);
      2. the Foodporn Website performs reasonably satisfactorily; and
      3. any data or information We collect and hold is not Compromised.
    2. To the extent the Law permits, Foodporn doesn't expressly or impliedly Represent anything at all regarding the Foodporn Website 's availability or performance, or the integrity, quality or security of the data or information that Foodporn holds.
    3. You must exercise Your own judgment. You must not rely on any express or implied Representation that You believe Foodporn has made in operating the Foodporn Website or in collecting and holding data or information. If You rely on any alleged Representation after We have advised You not to do so, You will have failed to take reasonable care. You should make Your own inquiries, and then rely on the results of those inquiries.
    4. Foodporn provides the Foodporn Website on an 'as is' basis. As such, to the extent the Law permits, Foodporn won't be liable to Anyone for any and all Damage suffered or incurred, or any and all Claims, Resulting From:
      1. the Foodporn Website 's availability or performance, Including its reliability or ability to meet Your needs; or
      2. the fact that any data or information that Foodporn has collected or held is Compromised.
    5. Foodporn doesn't owe You a duty of care regarding the Foodporn Website 's availability or performance, or the integrity, quality or security of the data or information that Foodporn holds.
  4. Implied terms
    1. To the extent the Law permits, Foodporn excludes its liability for breach of any and all implied terms regarding the Foodporn Website (Including regarding the Foodporn Website 's availability or performance).
    2. To the extent Foodporn can't exclude its liability under a term which applies to any services that Foodporn provides (Including the Foodporn Services), Foodporn's liability for breaching that term is limited to re-supplying the relevant services, without charging You.
    3. You may choose expressly or impliedly to let Foodporn know about any purpose(s) for which You are acquiring the Foodporn Services, or the result(s) that You wish the Foodporn Services (or their product) to achieve. If so, You must not rely on Foodporn's skill or judgment; rather, You must exercise Your own judgment. You should make Your own inquiries, and then rely on the results of those inquiries

You indemnify Us for some stuff

  1. Indemnity
    1. You agree to indemnify Foodporn and its Affiliates against any and all Damage that a third party suffers or incurs, or any and all Claims a third party brings, Resulting From You:
      1. using the Foodporn Website or the Foodporn Services;
      2. breaching the Foodporn Terms ;
      3. violating any law, Including the Law;
      4. infringing that third party's rights, Including their Intellectual Property Rights; or
      5. breaching Your obligations in clauses8.2(a), 9.2(a), 10.3(a) or 12.3(a).
  2. Enforceability
    1. An Affiliate has the right to enforce clause17.1 under the 1999 Act.

Limiting services, and suspending or terminating access or accounts

  1. Our right to limit the Foodporn Website or Foodporn Services
    1. Foodporn may limit the Foodporn Website or Foodporn Services at any time, in Our sole discretion.
    2. Foodporn will notify You of any limitation within a reasonable period.
  2. Our right to suspend or terminate Your access or account
    1. If You are a Casual User, Foodporn may suspend or terminate Your access at any time, in its sole discretion.
    2. If You are an Account Holder, Foodporn may suspend or terminate Your account at any time, in its sole discretion.
    3. Foodporn will notify You of any suspension or termination within a reasonable period.
    4. Without limiting anything in clause18.2, by way of example Foodporn may suspend or terminate Your access or account if, in Our opinion:
      1. You have stated an opinion in a Review which You genuinely do not hold, or do not have reasonable grounds to hold.
      2. We have received a serious complaint about Your conduct.
      3. We are investigating Your suspected misconduct, Including where You are directly responsible for, or indirectly involved in, the suspected misconduct.
      4. You haven't complied with these Foodporn Terms .
      5. You have violated any law, or infringed any third party's rights, Including their Intellectual Property Rights, in connection with You using the Foodporn Website .
      6. We have removed Your Listing, Review or Content.
      7. You have posted a false, misleading or deceptive Review.
      8. You have posted, or threaten to post, a Bad Sponsorship Review.
  3. Consequences of Our suspending or terminating Your account
    1. If Foodporn suspends or terminates Your account, Foodporn isn't required to:
      1. restart or reinstate Your account; or
      2. consider any reasons You may have for why Foodporn should restart or reinstate Your account.
    2. However, Foodporn may, in its sole discretion:
      1. restart or reinstate Your account;
      2. consider Your reasons for why, in Your view, Foodporn should restart or reinstate Your account; or
      3. restart or reinstate Your account after considering Your reasons.
  4. Voluntarily terminating Your access or account
    1. If You are a Casual User, You may stop using the Foodporn Website at any time. If so, We'll be really upset to see You leaving Us.
    2. If You are a Reviewer Account Holder, You may terminate Your account at any time. Again, We'll be really sad to see You go.
      1. You may terminate Your account by:
        1. contacting Us, requesting that We do so; or
        2. deleting Your account profile, by selecting the 'Delete Account' option in Your account settings.
      2. If You terminate Your account, We may:
        1. remove certain public posts from view;
        2. dissociate public posts from Your account profile; and
        3. retain Your Personal Data for the purposes which the Foodporn Privacy Policy authorises.
    3. If You are a Business Account Holder, You can suspend Your account at any time, but You can only delete Your Listing by contacting Us.

Disputes (hopefully there won't be any!)

  1. Disputes between You and Us
    1. If a dispute arises between You and Foodporn in connection with the Foodporn Services, Foodporn Website or these Foodporn Terms , the parties agree to seek to resolve the dispute by informal negotiation. Failing that, either party may institute legal proceedings.
    2. If a dispute needs to be litigated in a Court or Tribunal, You must bring any and all Claims against Us Resulting From the Foodporn Services, Foodporn Website or these Foodporn Terms within 90days of You becoming entitled to make the Claim.
    3. If You do not bring Your Claim within 90days, it is absolutely barred.
  2. Disputes between Account Holders
    1. If You are an Account Holder, You must communicate openly and honestly with other Account Holders in relation to any aspect of the Foodporn Services or Foodporn Website .
    2. Foodporn will not resolve any dispute arising between Account Holders.
    3. Foodporn recommends that the parties try and resolve any dispute informally. If the parties can't do so, they may wish to consider dispute-resolution processes other than litigation, such as negotiation or mediation.

Communications

  1. Form
    1. You must send any communications, Including notices, addressed to Us by email.
    2. We may send any communications, Including notices, addressed to You by email to:
      1. the address You provided to Foodporn when You registered as an Account Holder; or
      2. any updated address You have since provided to Us.
  2. Receipt date
    1. Subject to clauses20.2(b) and 20.2(c), if a sender sends a notice, the recipient will receive it two hours after the time of sending recorded by the sender's server.
    2. Subject to clause20.2(c), if a recipient receives a notice after 5pm on any Business Day, or on any day that is not a Business Day, then the recipient will receive the notice at 9am on the next Business Day.
    3. A notice is not delivered if:
      1. the sender receives an automated message from its server stating that the email was undelivered; or
      2. the recipient informs the sender that it received the email in an incomplete form by one Business Day after the date of receipt.

Bits and pieces

  1. Disclosure for the purpose of a sale, purchase or merger
    1. You agree to let Us provide Your Personal Data to any of the following third parties, on a confidential basis-a third party:
      1. to whom We are seeking to sell, Including by share sale and asset sale, or transfer all or part of Our business (for example, during due diligence);
      2. whose business, shares or assets We may seek wholly or partially to acquire; and
      3. with whom We may seek to merge.
  2. Entire agreement
    1. These Foodporn Terms constitute the entire agreement between You and Us regarding their subject matter, Including any matters relating to the Foodporn Website or the Foodporn Services.
    2. These Foodporn Terms supersede any previous agreements, understandings, undertakings, representations, warranties, negotiations or discussions regarding their subject matter, whether written or oral.
  3. Waiver (or 'giving up') of rights
    1. If You don't comply with these Foodporn Terms , We might not take action right away. This doesn't mean that We are giving up any rights that We may have.
    2. If a party wants to 'waive' (or 'give up') any power or right it holds under these Foodporn Terms , that party must do so by a signed, written document. Any waiver is effective only to the extent expressly set out in that document.
    3. A waiver of a party's breach of a clause of these Foodporn Terms does not waive another breach of the same clause, or a breach of any other clause.
  4. Severability
    1. If all or part of any clause of these Foodporn Terms is invalid (for example, because it is illegal, void or unenforceable), that clause or part of the clause will be severed from these Foodporn Terms . This won't affect any remaining part of the affected clause, and all the other clauses: they will continue to operate in full.
    2. Clause21.4(a) has no effect if the purported severance alters the basic nature of these Foodporn Terms , or contravenes public policy.
  5. Third party rights
    1. Save as expressly set out in these Foodporn Terms , a person who is not party to these terms shall not be able to enforce them under the 1999 Act.
    2. However, Listing clause21.5(a) does not affect a third party's common law rights.
  6. Governing law and jurisdiction
    1. The Law governs these Foodporn Terms .
    2. These Foodporn Terms must be construed in accordance with the Law.
    3. If legal proceedings arise between You and Us in any way relating to the Foodporn Website , Foodporn Services or these Foodporn Terms , each party submits to the English Courts' exclusive jurisdiction.