Terms and Conditions
In the Terms, references to “CASH” are references to Consensus Action on Salt and Health, registered Charity Number 1098818 with registered office at Wolfson Institute of Preventive Medicine, Charterhouse Square, London EC1M 6BQ.
In the Terms, references to "TGI" is a reference to The George Institute for Global Health ABN 90 085 953 331.
When you first access FoodSwitch, you are required to accept these Terms before use. Importantly, we may change these Terms from time to time. You are responsible for informing yourself of any changes by regularly reviewing these Terms at http://foodswitch.co.uk/ and accepting the Terms. By using FoodSwitch after any changes have been posted, you agree to the latest version of the Terms.
These Terms were most recently updated on 20th January 2014.
In the Terms, references to "FoodSwitch" are references to the FoodSwitch iPhone†, iPad† and Android application (or any other version of the FoodSwitch application released by CASH from time to time) and any supporting websites, including www.georgeinstitute.org.au/foodswitch.
1. Food product information and associated alternatives on FoodSwitch
When you use FoodSwitch you may view food product information and associated alternatives which may be of interest to you and your family. In relation to such information you acknowledge and agree that:
1.1. Any information:
• is provided "as is";
• does not take into account your individual circumstances and is general information only;
• has been developed and reviewed by health professionals and to the best of their knowledge is current at the time of publishing and based on reputable sources;
• has been compiled based on the ingredients list, nutritional panel information or other relevant information on the product’s packaging at the time of data collection, and therefore as the information is provided by third parties we are not in a position to verify this information. We do not warrant that any such information is true or accurate and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information;
• has been provided by CASH on the basis that all persons using FoodSwitch undertake the responsibility for assessing the accuracy and relevance of its information for their personal circumstances and that they rely on it entirely at their own risk. You are free to ignore the associated alternatives. It is your responsibility to check that the alternative offerings are acceptable to you;
• should be used as a guide only and should not be relied upon as a substitute for professional, medical, nutritional or other health professional advice. CASH and TGI recommend that you consult your doctor or other qualified health professional if you have questions or concerns about your, or your family’s health.
1.2. All users, especially those with special dietary requirements or food sensitivities should ensure that they are clear on the ingredients of the product prior to consumption. CASH and TGI recommend that, where further dietary information is important to you, for example because you have an allergy or specific dietary requirement, you should check with the product manufacturer directly.
1.3. Manufacturing recipes change from time to time. CASH and TGI make no warranties or representations regarding the completeness or accuracy of the information or any recommendations and are not liable for any loss or damage you or your family suffer arising out of the use of or reliance on the information, except that which cannot be excluded by law. The information may be updated, altered or removed, from time to time, at any time, without notice to you.
1.4. Any information about CASH and TGI that appears on FoodSwitch is provided for your interest. If you require specific information about CASH (and its products or services) you should contact or visit http://www.actiononsalt.org.uk/ If you require specific information about TGI you should visit http://www.georgeinstitute.org.au.
2. Disclaimers, Liability and Indemnity
2.1. When you download, install and use FoodSwitch you do so at your own risk. You are responsible for the consequences of your use of FoodSwitch, including where you upload and share content.
2.2. None of CASH, TGI, their affiliates nor any of their respective employees, agents, third party content providers nor licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with FoodSwitch, its use, its content or any products or services referred to within FoodSwitch. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) Your reliance on the completeness, accuracy, suitability or currency of any content on FoodSwitch.
(b) Failure of, or delay in, the performance, operation or transmission via FoodSwitch or data on or through FoodSwitch, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(c) Any data usage, roaming or other charges you incur when accessing the internet through your mobile or other device.
(d) Accessing any third party web sites, servers or applications (including without limitation Twitter and Facebook) through FoodSwitch. Neither CASH nor TGI accepts responsibility for the content or operation of third party websites, applications or services. Unless otherwise stated, CASH and TGI do not endorse any third party websites, applications or services accessible through FoodSwitch. Your use of any third party websites, applications or services is at your own risk.
(e) Defamatory, threatening, offensive or unlawful conduct of third parties.
2.3. FoodSwitch is provided "as is", with all faults, and with no representations or warranties of any kind, either expressed or implied. The express terms contained herein shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. No oral or written information or advice given by CASH, TGI, their agents, or authorised representatives shall create a warranty or in any way increase the scope of this warranty.
2.4. Neither CASH nor TGI are liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage, including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these Terms by CASH, TGI or the negligence of CASH, TGI or their representatives.
2.5. You indemnify CASH, TGI, their affiliates and respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by CASH or TGI ("Loss") as a direct or indirect consequence of you using FoodSwitch. This includes, without limitation, any Loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you using FoodSwitch.
2.6. Nothing in these Terms limits or excludes CASH’s liability for: (i) death or personal injury by CASH’s negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
2.7. None of these Terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
3. FoodSwitch Community Standards
FoodSwitch is designed to let you and friends share nutritional information. To assist in achieving this, all users must comply with the following FoodSwitch Community Standards (the "Standards"):
3.1. You must not use FoodSwitch to share any content that is offensive, defamatory, pornographic, threatening to another person, incites violence or is otherwise unlawful.
3.2. You must not use FoodSwitch to harass, bully, threaten or intimidate any user or other person, or organisation to incite hatred in any form.
3.3. You must not use FoodSwitch to carry on any activity that is unlawful, or to support or facilitate any unlawful activities.
3.4. You must not use FoodSwitch for commercial purposes, including uploading or posting any content that is commercial in nature, or that can be characterised as spam.
3.5. You must not upload to FoodSwitch any viruses, malicious code or do anything designed to disable or interfere with the proper functioning of the application.
3.6. You must not do anything that encourages or facilitates a breach of these Terms. CASH reserves the right at its sole discretion to prevent you using FoodSwitch if you fail to comply with the Standards.
4. Intellectual Property
4.1. Unless otherwise indicated, TGI owns, controls or reserves all rights (including all copyright, patents, trade marks, service marks, trade names and designs whether registered or unregistered) in and to all information (excluding the UK Food Composition data), text, material, graphics, advertisements, software code and data comprising FoodSwitch (the "TGI Property").
4.2. Unless otherwise indicated, CASH owns, controls or reserves all rights in and to the UK Food Composition data comprising FoodSwitch (the “CASH Property”)
4.3. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the CASH Property or the TGI Property in any way except as expressly provided for within FoodSwitch, or expressly authorised in writing by CASH or TGI, as appropriate.
4.4. You will indemnify TGI (and CASH) against any loss, liability, cost or expense (including legal costs and expenses on a full indemnity basis) suffered or incurred in connection with any claim, action, demand or proceeding alleging that the publication, use or display of any content uploaded by you to FoodSwitch as contemplated by these Terms, infringes the intellectual property rights of any other person.
4.5. You may not use any trade mark of CASH or TGI (whether registered or otherwise) without our prior, specific, written permission.
4.6. All rights in the FoodSwitch name are owned by TGI. Any other product or company names mentioned on FoodSwitch are the trade-marks or registered trademarks of their respective owners.
4.7. Unless otherwise indicated, you are authorised to download and view any content, and use the software comprising FoodSwitch for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
4.8. You must not, without CASH or TGI’s prior written permission in each instance as appropriate, exploit FoodSwitch, or any of the TGI Property or CASH Property for commercial purposes.
4.9. You are not authorised, without CASH’s prior written permission or the permission of any other relevant rights holder in each instance, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from FoodSwitch for any other purpose. This prohibition does not extend to content which is expressed to be freely available for re-use or replication, subject to any conditions CASH specifies.
4.10. Materials downloaded from FoodSwitch, including any software, program codes, files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by CASH. You are expressly prohibited from copying, selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.
4.11. The use by CASH or TGI of a third party trade mark on FoodSwitch is not intended to indicate any association with, or endorsement by CASH or TGI of that trade mark.
4.12. No part of FoodSwitch may be reproduced without the prior written permission of TGI and CASH in each instance.
5.1. Collection: When you access FoodSwitch and share information on FoodSwitch, neither CASH nor TGI will collect any identifiable data about you.
6.1. CASH shall not be liable for failure to perform or delay in performing any obligation under these Terms to the extent that the failure or delay is caused by any circumstances beyond CASH’s reasonable control, including but not limited to acts of God, war, laws or regulations of any government or supra-national authority, flood, fire, interruption of power supplies or electronic communications networks, riots or industrial disputes.
6.2. If any provision of these Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
6.3. Unless expressly provided in these Terms, no term is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not a party to it.
7. Applicable laws and enforceability
7.1. The version of FoodSwitch that operates in the United Kingdom is operated and controlled by CASH and TGI from within the United Kingdom and Australia.
7.2. These Terms are in the English language. Any disputes arising from your use of FoodSwitch or these Terms must be determined by the courts having non-exclusive jurisdiction in England and Wales in accordance with laws in force in England. You irrevocably and unconditionally submit to this jurisdiction.
7.3. CASH and TGI do not warrant that the version of FoodSwitch that operates in the United Kingdom complies with the laws of any country outside of the United Kingdom. If you access and use FoodSwitch from outside of the United Kingdom, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with CASH and TGI.
8. System requirements
In order to use FoodSwitch, you are required to have:
• Apple mobile devices that have a camera with auto-focus. Requires iOS 5.0 or later.
• Android devices running versions 2.3.x, or 4.0.x
Please note that if you’re using a smartphone or tablet without a camera capable of auto-focus, FoodSwitch may not be compatible with this device. Without auto-focus, the pictures of the barcode will be blurry and FoodSwitch will be unable to identify the barcode. Users with iPhone 3G may find that scanning does not work in all conditions as the camera has a fixed-focus lens.
You will also need 3G or Wi-Fi internet connectivity to download the app and access the FoodSwitch network. Check with your mobile/internet service provider for details of data download and internet usage charges.
9. What happens if you do not accept these Terms?
You must accept these Terms in order to use FoodSwitch.
10. How to contact FoodSwitch
† iPhone, iPad and iTunes are trademarks of Apple Inc, registered in the US and other countries. App Store is a service mark of Apple Inc.