Terms of Service
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Terms of Service
Effective Date: May 1, 2022
ANYDISH LTD. (“anydish”) offers you the website and App., www.anydish.me, and all the features, apps and functions therein (collectively, the “Website and App.”). These Terms and Conditions (the “Terms”) apply to your use of the Website and App. and our Application. In these Terms, “we”, “our” and “us” refer to ANYDISH, and “user,” “you” and “your” mean users of the Website and App. ANYDISH grants you the right to use the Website and App. and subject to these Terms set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE AND APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND APPLICATION. YOU MAY NOT USE THE WEBSITE AND APPLICATION FOR ANY COMMERCIAL PURPOSE OR IN ANY WAY NOT EXPRESSLY PERMITTED BY THESE TERMS.
If you are under the age of 18, then you may only use the Website and App. with your parent or legal guardian’s permission. If you are a parent or guardian permitting a minor under the Minimum Age (a “minor”) to use the Website and App., you agree to: (i) supervise the minor’s use of the Website and App.; (ii) assume all risks associated with the minor’s use of the same, including the transmission of content to and from third parties via the Internet; (iii) and assume any liability resulting from the minor’s use of the Website and App.; (iv) ensure the accuracy and truthfulness of all information submitted by the minor; and (v) assume responsibility and be bound by these Terms for the minor’s access and use of the Website and App..
Subject to these Terms, ANYDISH grants to you and you accept, a limited, personal, nonexclusive, nontransferable, revocable, royalty-free license to use the Website and App. and view the information, content, and materials contained on the Website and App. (the “Materials”) and make such copies of the Materials only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the ANYDISH server. Your access to the Website and App. is licensed and not sold. All reference to the Website and App. includes all related music, graphics, user interfaces, scripts and software used to implement and provide access to the Website and App. and any updates, upgrades, enhancements, modifications, revisions or additions to the Website and App. made available to end users by ANYDISH. However, ANYDISH is under no obligation to provide any such updates, upgrades, enhancements, modifications, revisions or additions to the Website and App.
We and/or our licensors are the sole owners of any trademarks, logos, domain names, page headers, custom graphics, button icons, scripts and other distinctive brand features on the Website and App. You agree that all, right, title and interest in the Website and App. will remain ours. You are not granted any right to reproduce, copy, imitate, distribute, sell, broadcast, license, use or otherwise exploit ANYDISH trademarks, domain names, logos, trade dress (including without limitation the layout of the Website and App.) or other marks or distinctive features of the Website and App. in whole or in part, and all such items shall remain the exclusive property of ANYDISH and/or our licensors.
Modification, Suspension or Discontinuation
ANYDISH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and App. or any part thereof with or without notice or to suspend, remove or disable access to the Website and App. You agree that ANYDISH will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Website and App. and for any claims, costs or damages arising therefrom.
Information on Data Protection
Using our website and App. may require you to provide personal data such as name, address, telephone number and e-mail address as well as specific information regarding: preferred diet, Diet restrictions, types of nutrition, culinary preferences, gender, weight, height. These personal data will be collected and processed by ANYDISH and/or by appointed providers on the basis of Article 6 (1) (b) GDPR (performance of contractual relationships with you). Personal data will not be passed on to third parties, with the exception of partners, which are also involved in the activities on the website and App. In the event data collected will be transferred to the respective third party it shall be exclusively for the above-mentioned purpose. As soon as the process is completed and the data provided is no longer required, they are deleted, unless continued storage is required on legal grounds.
your phone number is your unique identifier and we use it to send a 4 digit verification code to access your account.
You have the right:
in accordance with Article 15 GDPR to obtain information about the personal data processed by us;
in accordance with Article 16 GDPR DSGVO to obtain without undue delay the rectification or completion of your personal data stored by us;
in accordance with Article 17 GDPR to obtain the erasure of the personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression or information, for compliance with a legal obligation, for reasons of public interest or for the establishment exercise or defense of legal claims;
in accordance with Article 18 GDPR to obtain the restriction of the processing of your personal data if you contest the accuracy of the personal data, the processing is unlawful, but you oppose their erasure and we no longer require the data, but you require these for the establishment, exercise or defense of legal claims or you have objected to their processing in accordance with Article 21 GDPR;
in accordance with Article 20 GDPR to receive your personal data in a structure, commonly used and machine-readable format or have such transmitted to another controller;
in accordance with Article 77 GDPR to complain to a supervisory authority. You can usually contact the supervisory authority at your normal place of residence or your workplace or where we are headquartered for this.
Such personal data as may be collected, saved, transferred, processed or used shall be consulted by ANYDISH and by such providers as are appointed in this connection – together with any partners which may be involved – and collected, saved etc. by any involved 3rd parties exclusively for that purpose and shall be deleted once the activity has been wound up in its entirety, unless there are compulsory legal reasons requiring that the data should not be deleted. Otherwise, the general data-protection guidelines of ANYDISH shall apply.
Third Party Materials
The Website and App. includes software or other materials developed by third parties.
USE OF THIRD PARTY SELLERS’ WEBSITE AND APP.S
Through our Website and App., you may be given the opportunity to visit a third party website. (“Third Party Website”) to purchase (or to obtain more information) certain content, products or services which are sold or offered through a person or company other than us or our affiliates (collectively, “Third Party Sellers”).
We will attempt to notify you when you are dealing with a Third Party Seller by opening a new browser window or otherwise notifying you that you are leaving our Website and App. However, we shall incur no liability if we do not so notify you. For example, if you are directed to a website that is not the Website or App. or one that is operated by ANYDISH, or see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than ANYDISH, then you are likely on, or about to enter, a Third Party Website or App. Third Party Sellers may request that you agree to certain terms and conditions of use in order to use the website or App. and to purchase their products or services or to obtain additional information from them.
In addition to a Third Party Website that you may access to as described above, there may be links to website and Apps operated by companies other than ANYDISH (“External Website and Apps”) that are not contractors who provide content or services through our Website and App. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. ANYDISH has not reviewed or monitored the terms and conditions of these websites and it does not endorse and is not responsible for their terms and conditions, even if we provide a link to those sites. These Terms do not apply to such sites.
Your use of Third Party Websites and External Website or Apps shall be solely between you and the third party and subject to the applicable terms and conditions of such website. We hereby disclaim all responsibility and liability for your use of these websites, including but not limited to, the reliability or the performance of such websites.
If you choose to link to one of these Third Party Websites or External Websites, you should review the terms and conditions posted on the other site to understand how that website governs the terms and conditions of your use. If you have any questions about these other companies’ data practices, you should review their privacy policies.
All remarks, suggestions, comments, questions and other information submitted to ANYDISH through the Website or App. (“Submissions”) are the property of ANYDISH. You agree that ANYDISH will not be liable for the use of any ideas or Submission for its business (including, without limitation, service, or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future EMT services or operations. Without limitation, ANYDISH will have exclusive ownership of all present and future existing rights to the Submission or idea for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission or idea. You represent that any Submission by you will comply with all applicable laws and will not violate the rights of any third party.
Website and App. Use Rules and Restrictions
Our Website and App. may only be used for lawful purposes. ANYDISH specifically prohibits any use of our Website and App., and all users agree not to use our Website and App., for any of the following:
Submitting any incomplete, false or inaccurate information or information which is not your own accurate information (e.g. impersonating or pretending to be anyone else but you, including, without limitation, by creating false accounts of any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity or using someone else’s identification without their consent);
Deleting or revising any material posted by us or any other person or entity;
If you have a password allowing access to a non-public area of our Website and App., disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Harming minors in any way;
Transmitting by any means any software, virus, malware, program, code, file or other material intended to interrupt, disrupt, alter, destroy or limit any part of the Website and App. or attempting to access, alter or decompile the Website and App. or an underlying program, code or software of the Website and App., or using any robot, spider, script or any manual or automated application or means to extract, download, index, create multiple accounts, mine, scrape, reproduce or circumvent the presentation, operation, or intended use of any feature, function or part of the Website and App.;
Aggregating, copying, framing, downloading, distributing, transmitting, uploading, transferring content from the Website and App. or the personal information of others from the Website and App. or duplicating in any manner any of the materials or information available from our Website and App.; or
Violating or infringing upon the privacy, publicity, intellectual property or other proprietary rights of us or any third parties.
If you believe someone is not complying with these Terms or that someone is violating your rights in connection with the Website and App., please notify us at: firstname.lastname@example.org. If you violate any part of these Terms, we reserve the right to terminate your access to the Website and App., without notice.
USER GENERATED CONTENT LICENSE
You understand that we may use your UGC, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You agree that UGC may be copied or exported from the Site and published elsewhere on the internet. In addition, you understand that any UGC may be removed from the Site at any time for any reason.
You grant us the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your UGC.
When you provide UGC, you represent and warrant that you own or otherwise control the rights to your UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the UGC does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the UGC has given their written permission and consent to be included and displayed publicly on the Site and our other social media sites and marketing materials and advertising, which you agree to provide to us upon request. You also represent and warrant that:
a. You are at the least the age of legal majority in the state in which you reside;
b. The UGC is not obscene, indecent, does not defame, disparage, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity;
c. The UGC does not violate any law, rule, or regulation of any governmental entity;
d. The UGC is not subject to any obligation of confidentiality;
e. The UGC does not contain any fraudulent statements or misrepresentations that could damage anydish or any third party; and
f. You have not received any compensation of any kind for any UGC, unless properly disclosed pursuant to FTC guidelines.
You hereby release, discharge and agree to hold us, and any person acting on their behalf, harmless from any liability related in any way to our use of your UGC.
You understand that, under no circumstances will we be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You also agree that we are under no obligation to use any UGC. You acknowledge that we reserve the right to change, condense, edit, modify, transmit, display, or delete any UGC, and you waive any rights you have in having the material altered or changed posting, e-mailing or otherwise making available on the Site or other social media sites.
Registration and Passwords
Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly, ANYDISH does not warrant the accuracy or completeness of the information provided on the Website and App. Also, ANYDISH may make changes to the information contained on the Website and App., including to the products and prices described, at any time, without prior notice to you (including after you have submitted your order). Information at the Website and App. is periodically updated but may not be current or complete at the moment you visit the Website and App. and may contain errors or inaccuracies. In no event shall ANYDISH, or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at the Website and App.
You will indemnify, release and hold harmless us and all agents, directors and employees thereof and any party acting on our behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) your use of the Website and App. or any product you may receive or purchase from the Website and App.; (ii) any breach of these Terms by you; or (iii) any violation of any laws, regulations or the rights of any third party by you in connection with your use of the Website and App..
Disclaimer of Warranties
THE WEBSITE AND APP. IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ANYDISH EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, WE AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE AND APP. WILL (i) OPERATE IN ANY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, (iii) WILL BE SECURE OR IMMUNE FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE WEBSITE AND APP. WILL BE SATISFACTORY TO YOU OR THAT ERRORS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL ANYDISH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ANYDISH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY (WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND/OR APP. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY SUCH DAMAGES OR LOST PROFITS FROM US AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH A CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE WEBSITE AND APP. OR FOR ANY USER CONTENT OR COMMUNICATIONS ON THE WEBSITE AND APP. OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE AND APP., TERMINATION OF YOUR USE OF THE WEBSITE AND APP. IS YOUR SOLE REMEDY. UNLESS AS OTHERWISE INDICATED IN THESE TERMS, WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
13. Choice of law, place of jurisdiction
The law of the state of Israel shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law and special funds under public law, the place of jurisdiction is Tel Aviv
The Website and App. and the Materials are copyrighted works of ANYDISH and/or its suppliers or licensors. For the avoidance of doubt and as stated above, neither the Website and App. nor the Materials may be reproduced, displayed, modified, or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of ANYDISH.
Amendment to Terms
ANYDISH may at any time revise these Terms. If we change these Terms, we will update the Effective Date listed above. By using or accessing this Website and App. after such modification, you will be deemed to have read, understood, and unconditionally agreed to be bound by any such revisions. If you do not agree to the updated Terms, you may not use the Website and App. You should periodically visit this page of the Website and App. to examine the then-current Terms by which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website and App.
General and Miscellaneous
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or void for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms shall for all purposes be governed by and interpreted in accordance with the laws of the State of Israel as those laws are applied to contracts entered into and to be performed entirely in Israel, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms shall be commenced exclusively in state court in Tel Aviv, Israel, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. YOU AGREE THAT YOU WILL NOT BRING OR PARTICIPATE IN A CLASS ACTION AGAINST US. Any provision that by its nature should continue to be in effect in order to give meaning to such provision shall survive the expiration or earlier termination of these Terms and shall remain valid and binding. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms. The failure by us to enforce at any time any of the provisions of these Terms, or the failure of us to require at any time performance by you of any of the provisions hereof, shall in no way be construed as a present or future waiver of such provisions, nor in any way affect the right of us to enforce such provision thereafter.