These terms and conditions (and the other documents referred to in here as the Terms) govern your access to and use of our services through Your Account with us, including our website http://tastestack.com (our Site), all functionality on our Site, applications, buttons, browser plugins, application programming interfaces, and accessing functionality on third parties who have integrated them into their experiences (we refer to these as the TasteStack); the rules that apply to any recipes or other information, text, graphics, photos or other materials or content you upload to or otherwise make available on the TasteStack (we refer to this as Your Content); and how you are entitled to use in any other rights and content, including (i) our proprietary rights in the TasteStack services themselves; and (ii) any content appearing on the TasteStack website http://tastestack.com including (without limitation) content owned and/or created by us, as well as content uploaded to the TasteStack or otherwise licensed to us by a third party (we refer to this as TasteStack Content).
Please read these Terms and Conditions carefully before you start to use the TasteStack website or create an account with us (which we refer to in these Terms as Your Account). By using the TasteStack services or creating Your Account, you confirm that you accept these Terms and that you will comply with them. If you do not agree to these Terms you are not entitled to use TasteStack website or to create Your Account and must refrain from doing so.
You may use the TasteStack website as a guest without creating an account (in each case subject to these Terms), but if you do so you may not be able to access and use certain functionality within the TasteStack.
Interpretation
Consumer means a person or a group who intends to order, orders, or uses purchased goods, products, or services from http://tastestack.com;
Contract means the legally-binding agreement between you and us for the supply of the meal planning and recipes;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the meal planning and recipes advertised on the website that we supply to you;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Website means our website http://tastestack.com on which the Goods are advertised
1. Terms and conditions for using the platform
1.1 Registration
You must be at least 18 years of age to use the Website and Services. By using our website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You may deactivate Your Account at any time by following the process detailed within Your Account settings on our website.
1.2 Our role
TasteStack is an online meal planning platform with recipes created by content creators. We have commercial arrangements with supermarkets and when someone orders recipes ingredients from the platform from a supermarket, we are paid a commission which we then pay the content creator. We keep a percentage of the commission as a platform fee. (Us or We).
When Users make purchases from a supermarket, a legally binding contract are formed between these parties. For the avoidance of doubt, by accepting TasteStack terms and conditions, the User will also be accepting the Supermarket's terms and conditions.
TasteStack is not a party to transactions and shall not bear any express or implied liabilities related to the items sold online. We do not possess, check or act as caretakers of any items that are sold by Supermarkets at any time.
1.3 Conduct and behaviour
You may only use the website and its services for its primary purpose.
In your interactions, you must at all times remain courteous and polite and not use any nicknames, comments, product descriptions or messages that are obscene, discriminatory, offensive or discourteous.
You are responsible for all data transferred from your systems to our website and services and shall bear all liabilities in any way connected to such data and content.
You must not:
- Use TasteStack or any of its services for any unlawful activity;
- Do anything that causes damage or disruption to the website or its services;
- Send malicious information to any party using our services (including viruses, Trojans, adwares, worms, spam);
- Use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent;
- Transfer your account to another party without our prior consent;
- Provide us with false, inaccurate or misleading information;
- Attempt to manipulate transactions or tamper with the website in any way.
1.4 Use of data
In the course of our operation, we collect data from Users and Content Creators. You accept that your personal data may be shared between Users and Content Creators for the sole purpose of facilitating the sale, purchase and fulfilment of orders on the website as per our Privacy Policy.
Content Creators and Supermarkets agree to fully comply with the General Data Protection Regulation and use Users’ information solely for the purpose of completing transactions and not store Users’ data subsequently or pass it on to third parties.
Please review our Privacy Policy in full for details on how your personal data is used.
1.5 Disclaimer of warranties
We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS. TASTESTACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED BY SELLERS, FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF LISTING, COMPLIANT WITH APPLICABLE REGULATIONS, FREE FROM INTELLECTUAL PROPERTY INFRINGEMENT, OR THAT SELLERS AND USERS WILL PERFORM AS THEY HAVE AGREED.
Content Creators who provide product data and make meal plans and recipes available for sale through TasteStack website shall be bound by our terms and conditions in addition to their own. Any representations and/or warranties regarding their products shall be solely binding upon them.
Where a dispute arises between, or out of Users and Content Creators activity on the website, each party expressly agrees to waive any subsidiary or recourse claims against TasteStack and further agrees to hold TasteStack harmless from any claims that may be in any way connected with such dispute.
1.6 Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, TASTESTACK EXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.
This Agreement shall not exclude liability for death or personal injury resulting from our negligence, or any liability that cannot be limited or excluded by law.
Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office
1.7 Force Majeure
Neither we nor the Content Creators will be obliged to fulfil the responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to earthquakes, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather or acts of God. Duties and obligation will be postponed for the period of the Force Majeure.
1.8 Communication
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
2. Content Creators terms and conditions
2.1 Introduction
In order to ensure that the platform promises to Users are maintained, we have created terms applicable for Content Creators/ Uploaders to guide the uploading of contents on our platform. Users can apply to become Content Creators/Uploaders and Content Creators will need to supply their bank details in order for TasteStack to be able to pay commissions for purchases. Please note that TasteStack will vet Content Creators to ensure the quality of contents on the website.
By registering and posting contents on the platform you agree that you and your contents comply with the criteria to post on the platform.
2.2 Content Creators Content
We are excited to be able to offer you the opportunity to upload and use Your Content on our website. Please follow the instructions within Your Account as to how to do this. Once uploaded, you are entirely responsible for Your Content, what it contains and how you use it. This includes ensuring you have sufficient permission from the content originator (e.g. the person originally responsible for producing the content or from whom you have obtained the content) to upload and use Your Content on the TasteStack website. We have no involvement in your upload or use of Your Content and cannot and will not take any responsibility or be liable to you for Your Content, what it contains and how it is used.
Whenever you make use of a feature that allows you to upload Your Content to a TasteStack website, or to make contact with other users of the TasteStack website, you warrant and represent that Your Content complies with our terms and conditions.
Because you are entirely responsible for Your Content you agree to bear any loss or damage (and repay a sum to us in respect of that) that we suffer which arises in connection with Your Content failing to, or being alleged to fail to, comply with our terms and conditions. We operate a “takedown” process with respect to all content on the TasteStack website (including Your Content) which we consider does not comply with our terms and conditions. This means that we can remove any of Your Content at any time from the TasteStack platform and Your Account without any liability to you.
We will not own Your Content, but in uploading Your Content to the TasteStack website, you hereby grant us and other users of the TasteStack an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable licence to use, copy, modify, change, edit, amend, store, display, reproduce and distribute Your Content (whether electronically or in any other media now known or that is subsequently developed) on a worldwide basis in connection with:
- our operation and administration of TasteStack services;
- making TasteStack, Your Content and TasteStack website Content available to you and our other users to use; and
- to enable us to develop, enhance and refine the TasteStack over time.
The licence you grant us under these terms, to the use of Your Content will continue even if you deactivate Your Account or your right to access TasteStack services is terminated for any reason.
You may delete Your Content from Your Account at any time. Please follow the directions in Your Account on how to do so. When you delete Your Content it will no longer be available to view via Your Account, although for technical reasons we may retain copies of Your Content or certain information or data in relation to it.
We reserve the right to terminate any Content that is in breach of our terms and conditions and remove any Content at our reasonable discretion.
2.3 Warranties
You must provide Users with clear and accurate information regarding all Contents listed, as well as all consumer statutory rights and warranties, whether express or implied, which shall solely be borne by you.
YOU ACCEPT TO BE SOLELY RESPONSIBLE FOR THE CONTENTS’ QUALITY, FEATURES, SAFETY, NUTRITIONAL INFORMATION CONTAINED ON LABELS OR ADVERTISED ONLINE, NAMES, MARKS, STANDARD LABELS AND ANY CONTENT RELATED INFORMATION THAT MAY BE REQUIRED OR EXPECTED BY USERS. ANY DISCLAIMERS, NOTICES, WARNINGS OR PRODUCT RESTRICTIONS MUST BE CLEARLY STATED.
2.4 Intellectual property
By uploading contents on the website, you grant us and our affiliates a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed in your product information and uploaded contents that you provide to us in any existing media now or in the future.
2.5 Payments
We may earn a commission from third parties in respect of any goods, services or content (or similar) purchased by Users from a third party as a result of the use of the TasteStack platform. We will only pay commission to the Content Creators/Uploaders once we have been paid by our supermarket partners. We are not obliged to pay Content Creators and reserve the right to withhold commission payments if necessary.
2.6 Direct Communication To Users
You may not directly communicate with or target marketing (including any statements of your own company website domain) at any Users of http://tastestack.com, via any means, except for responding to direct messages regarding content queries or orders via our platform. This includes but is not limited to: promotional leaflets, promotional emails, including email signatures or footers with marketing messages, and acknowledgement or emails.
2.7 Termination
We will monitor Content Creators' performance very closely and may reasonably request further information about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability or otherwise harmful to our business operation or abusive to Users.
We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.
3. Users terms and conditions
3.1 TasteStack Content
In order to use our services and our website you must register for an account as a User. Your use of the website implies your acceptance of our terms and conditions and Privacy Policy.
You are entitled to use TasteStack Content as may reasonably be required to enable you to access and use TasteStack for your own personal use and TasteStack hereby grants you a limited, revocable, non-transferable licence of the TasteStack Content for these purposes only. The licence granted in this clause does not extend to commercial use. If you or any connected parties wish to use TasteStack Content for any commercial purpose then you or the relevant connected party must first obtain a specific licence from us or our licensors for such purpose. Neither We nor our licensors will be obliged to grant any such licence.
Although we make reasonable efforts to update TasteStack Content, we make no representations, warranties or guarantees, whether express or implied, that the TasteStack Content is accurate, complete or up-to-date and we accept no responsibility for any reliance you may place on the TasteStack Content.
3.2 Third-party links
From time to time, as part of your use of the TasteStack platform, you may be able to purchase goods, services or content (or similar) from a third party as a result of clicking a link to a site operated by a third party through our website. Any contract you enter into for the purchase of goods, services or content (or similar) from a third party shall be governed by the terms and conditions of the relevant third-party supplier. We have no liability to you in respect of any third party goods, services or content (or similar) purchased by you from a third party as a result of your use of the TasteStack website.
We may earn a commission from third parties in respect of any goods, services or content (or similar) purchased by you from a third party as a result of your use of the TasteStack platform.
As the TasteStack platform may contain links to sites operated by third parties, we have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability howsoever arising in respect of any of such sites.
The presence of links to third party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any goods, services, content, advice or information posted on them.
3.3 Linking to the TasteStack
You may link to the home page of our Site or to our applications on the appropriate application site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
TasteStack must not be framed on any other site, nor may you create a link to any part of the TasteStack other than the home page of our Site or to our applications as described above.
We reserve the right to withdraw linking permission without notice. Any linking must comply in all respects with our terms and conditions. If you wish to make any use of material on the TasteStack website other than that set out above, please address your request to info@tastestack.com.
3.5 Limitation of liability
TASTESTACK DOES NOT REPRESENT OR WARRANT THAT INFORMATION PROVIDED BY CONTENT CREATORS, SUCH AS NUTRITION, INGREDIENT, ALLERGEN AND OTHER PRODUCT INFORMATION IS ACCURATE OR COMPLETE. TASTESTACK SHALL NOT BEAR ANY DIRECT OR INDIRECT LIABILITY FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OF ANY MEAL PLAN WITH RECIPES OFFERED FOR SALE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE.
In no event shall TasteStack be held liable for online advertisements, editorial features or recommendations about diets and/or particular products or services that may be suggested for particular purposes or expectations. No such representations or recommendations that may be displayed on TasteStack should serve as a substitute for professional advice.
You should not rely solely on the information presented on the website. We recommend that you contact the Content Creators directly in case you have a specific dietary concern or question regarding a product.
3.6 Termination
We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.
4 No partnership or agency
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
5 Disputes
Whilst we are not a party to transactions, we may try to help users resolve disputes.
Where Users are unable to resolve a dispute resulting from a transaction that occurred on the platform, they may resort to us by contacting us at info@tastestack.com or via the contact form on our website.
For the avoidance of doubt, we have no obligation to resolve disputes and will consider to do so in our sole discretion and based solely on our policies.
You release TasteStack (and TasteStack's directors, officers, employees and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between Users, Supermarket partners and Content Creators or external parties.
6 Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.