GENERAL TERMS AND CONDITIONS

 

TERMS OF WEBSITE

These Terms of Website (hereinafter the “Website Terms”) are an agreement between You and BiteMe Nutrition d.o.o.,  Avenija Dubrovnik 15/12, 10000 Zagreb, Croatia, registration number: MB 05175135, VAT number: HR19452381062 (hereinafter referred to as “BiteMe” or “Company”) regarding Your use of the Website, unless any special function is accompanied by a separate license, in which case the separate license shall govern.

By accessing or using the website you accept and undertake to be bound by these Website Terms. If you do not accept these Website Terms, do not access and/or use the website.

1 LICENSE TO USE THE WEBSITE

Subject to Your acceptance of and compliance with these Website Terms, BiteMe grants You a limited, personal, revocable, non-exclusive and non-transferable license to use the Website solely for Your non-commercial and personal purposes as defined herein. Any commercial use is prohibited, however and notwithstanding this prohibition You are allowed to use the Website in a non-modified form for viewing purpose.

Your right to use the Website is limited to the license grant as defined above and You may not otherwise copy, display, seek to disable, perform, distribute, publish, transfer, modify, create works from, our use the Website or any component of it, except as expressly authorized by BiteMe in writing in advance.

In no event You may use the Website in a manner that:

  • harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
  • is unlawful, fraudulent or deceptive;
  • uses technology or other means to access our proprietary information that is not authorized by BiteMe;
  • uses or launches any automated system to access the Website;
  • attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;
  • attempts to gain unauthorized access to the Website or user accounts;
  • encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or
  • violates these Website Terms.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in BiteMe or our licensors. You are permitted to use this material only as expressly authorized by BiteMe or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only.

2 INTELLECTUAL PROPERTY RIGHTS

The Intellectual Property Rights in the Website and the materials on or accessible via it belong to BiteMe Nutrition d.o.o. or its licensors. The Website and the materials on or accessible via it and the intellectual property rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). “BiteMe”, is a trademark, which belongs to BiteMe Nutrition d.o.o., and it may not be used, copied or reproduced in any way without written consent from BiteMe. All trademarks not owned by BiteMe are the property of their respective owners and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “intellectual property rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

3 USE OF THE WEBSITE

You are provided with access to this Website in accordance with these Website Terms. You agree to use the Website in a manner that does not cause harm to BiteMe, other users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Website Terms or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if we have reason to believe that You are engaged in illegal activity or compromise other users or our data security or privacy.

We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.

We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.

4 LIMITATION OF LIABILITY AND WARRANTIES

While we use reasonable endeavors to verify accuracy of any information we place on the Website, we shall not be responsible for and we disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information transmitted over our system. In particular, neither we nor any third party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. 

In addition, we do not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction.

Except as expressly provided in these Website Terms, we disclaim any and all warranties of any kind, whether express or implied to the fullest extent permissible under applicable law.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-agreement or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Website Terms for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Website Terms.

This section does not affect Your statutory rights as a consumer, nor does it affect Your agreement cancellation rights.

5 INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Website Terms by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your computer and/or Your personal information.

6 COLLECTION OF DATA

For the collection of data, please refer to our Privacy Policy available at https://biteme-nutrition.com/privacy-policy/, which is incorporated by reference into these Website Terms.

7 MISCELLANEOUS 

Modification of these Website Terms: We reserve the right to modify and/or change these Website Terms from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Website Terms have been changed. If You do not agree to any change to the Website Terms, then You must immediately stop using the Website and must not access and/or use the Website. The most current version of the Website Terms is available at https://biteme-nutrition.com/general-terms-and-conditions/.

Severance: If any part of these Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Website Terms. No waiver by BiteMe shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Website Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement: These Website Terms together with our General Terms and Conditions and Privacy Policy govern our relationship with You and concluded an agreement. You confirm that, in agreeing to accept the Website Terms, You have not relied on any representation save insofar as the same has expressly been made a term of these Website Terms and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not in any way affected by these Website Terms.

Term: The Term of these Website Terms and Privacy Policy shall commence on the date You start using the Website and shall end on date You stop using the Website and/or the Agreement is fulfilled, or we terminate these Website Terms and Privacy Policy, whichever is earlier.

Governing Law: These Website Terms and all disputes or controversies arising out of or relating to these Website Terms shall be governed by, and construed in accordance with, the laws of the Croatia, excluding its conflict of laws rules. 

Contact Information: Should You wish to contact BiteMe with any questions, complaints, or claims with respect to the Application, You should contact us by sending an email at customer@biteme-nutrition.com.

8 DEFINITIONS

“Website” shall mean the websites located at https://biteme-nutrition.com/, and any other URL address which may replace it or which may be added to the list of websites published by BiteMe.

“You” shall mean a user of the Website.

 

BiteMe Nutrition d.o.o., last update May 2020