ReciMe Terms And Conditions
IMPORTANT - READ CAREFULLY: This agreement ("Terms") is a legally binding agreement between you and ReciMe Pty Ltd (ABN 50 644 943 957), covering your use of our website located at recime.app ("Website") and the ReciMe App ("App"), together "Services". We will refer to ourselves in this Agreement as "we", "our", "us" or "ReciMe". We are an Australian corporation with offices in Melbourne, Australia and in New York, United States.
You must read these Terms carefully before accessing or using the Services.
Your use of the Services is conditional on your acceptance of these Terms. By using or continuing to use the Services, you agree to be bound by these Terms. If you do not agree to all these Terms, then do not use the Services.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
PLEASE BE AWARE THAT SECTION 10 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. AMONG OTHER THINGS, SECTION 10 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 10 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
- 1. Accounts
- 1.1 Account Creation. In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 18 years of age or older. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account in accordance with Section 8.
- 1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- 2. Access to the Services
- 2.1 Permission to Use. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for your own personal, non-commercial use.
- 2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or as permitted by functionality in the Services, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
- 2.3 Modification. We reserve the right, at any time, to modify the Services (in whole or in part) with or without notice to you.
- 2.4 No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.
- 2.5 Ownership. Excluding any User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us or our suppliers.
- 2.6 Feedback. If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback.
- 2.7 Location-Based Services. While accessing and using the Services, you understand and agree that: (i) your location can be identified using a variety of technologies available to us and our service providers.
- 3. User Content
- 3.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Services. You are solely responsible for your User Content.
- 3.2 License. You hereby grant to us and our affiliates an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content.
- 3.3 Non-infringement. You promise that you will not: infringe intellectual property rights of third parties.
- 3.4 Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that violates any third-party right or is unlawful, harassing, abusive, or harmful.
- 3.5 Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion.
- 3.6 DMCA. Our DMCA Policy can be found at www.recime.app/dmca-policy.
- 4. Indemnification. You agree to indemnify and hold us (and our affiliates, officers, employees, and agents) harmless, including costs and reasonable legal and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content.
- 5. Third-Party Links & Ads; Other Users
- 5.1 Third-Party Links & Ads. The Services may contain links to third-party websites and services. We are not responsible for any Third-Party Links & Ads.
- 5.2 Other Users. Each user of the Service is solely responsible for any and all of its own User Content.
- (a) All recipes on our Site or App are provided for general information only and provided by other users, like you, and not by us. Without limiting anything else herein, we do not review, screen or check recipes before they are posted.
- 6. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES.
- 7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
- 8. Term and Termination
- 8.1 Breach. Either party may terminate these Terms with immediate effect by giving written notice to the other party if the other party breaches these Terms.
- 8.2 Cancellation. You may terminate these Terms or cancel your subscription at any time and without cause.
- 8.3 Change in Law. We may terminate these Terms immediately by notice to you if there is a change in law that materially or permanently prevents us from providing the Services to you.
- 8.4 After termination. Upon termination of these Terms or at the end of your subscription, your right to access the Services ceases.
- 9. Amendments
- 9.1 Amendment by Us. We may amend this Agreement at any time in our sole discretion.
- 9.2 Non-agreement. If you do not agree to such amendments, then you must stop using the Services.
- 9.3 Refund. If the amendment is unfavourable to you, then you may terminate this Agreement before the amendment comes into effect.
- 10. General
- 10.1 Dispute Resolution. All issues and questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by, and construed in accordance with, the laws of the State of Victoria Australia.
- 10.2 WAIVER OF JURY TRIAL. YOU AND RECIME HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY.
- 10.3 WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. YOU AND RECIME AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS.
- 10.4 Export. The Services may be subject to export control laws.
- 10.5 Electronic Communications. The communications between you and us use electronic means.
- 10.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services.
- 10.7 Copyright/Trademark Information. All trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. RECIME is our trademark.
- 10.8 Privacy Policy. Any personal information collected by us through the Services, or otherwise collected by or on behalf of us, will be dealt with in accordance with our Privacy Policy at www.recime.app/privacy-policy.
- 10.9 Contact Information. To contact us, please email us at: support@recime.app.
Last updated on: 18 November 2024
Suite 12/3 Albert Coates Ln, Melbourne VIC 3000, Australia