EULA
End User License Agreement

Updated: Feb 10th, 2024

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Please read this End User License Agreement carefully before clicking the "Register" button, downloading, or using the MY VEGGIE CLUB app.

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Interpretation and Definitions

Interpretation

Words for which the initial letter is capitalized have defined meanings under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in the singular or plural.

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Definitions

For the purposes of this End User License Agreement:

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• Agreement  means this End User License Agreement which forms the entire agreement between You and the Company with respect to the use of the Application.

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•  Application means the software program provided by the Company and downloaded by You through Your account on the AppStore, the name of the Application is MY VEGGIE CLUB

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• App Store  means the digital distribution service operated and developed by Apple Inc. (Apple App Store) by means of which the App has been downloaded to your Device.

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•  Company (referred to as "the Company", "We", "Us" or "Our" in this Agreement) refers to WELLINGTON COLOURPHONICS ENGLISH SLU with company id. number: ES-B19701051, Calle Paseo de la Castellana 194, Madrid 28046.

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• Content  refers to content, such as text, images, or other information that you may post, upload, link to, or make available to you, regardless of the form of that content.

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• Device means any device that can access the App, such as a computer, mobile phone, or digital tablet.

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• Family Sharing/Family Group allows you to share apps downloaded through the app store with other family members by allowing them to view and download each other's eligible apps on their associated devices.

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• Third-Party Services means any services or content (including data, information, applications, and services from other products) provided by a third party that the Application may display, include, or make available.

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• You  means the person accessing or using the App or the company, or other legal entity on behalf of which such person is accessing or using the App, as applicable.

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Recognition

By clicking the "Register" button, downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the "Register" button, download or use the Application.

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This Agreement is a legal document between You and the Company and governs your use of the Application offered to You by the Company.

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This Agreement is between You and the Company only and not with the App Store. Therefore, the Company is solely responsible for the Application and its content. Although the App Store is not a party to this Agreement, you have the right to enforce it against you as a third-party beneficiary in connection with your use of the App.

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Because the App may be accessed and used by other users, for example, by family/family group sharing or volume purchases, those users' use of the App is expressly subject to this Agreement.

The Company licenses to you, not sells to you, the license is used strictly in accordance with the terms of this Agreement.

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License

Scope of License

The Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application strictly in accordance with the terms of this Agreement.

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You may only use the App on a Device that you own or control and as permitted by the terms and conditions of the App Store.

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The license granted to you by the Company is solely for your personal, non-commercial purposes, strictly in accordance with the terms of this Agreement.

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License Restrictions

You agree not to do any of the following and not to allow others to do so:

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• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or commercially exploit the Application or make the Application available to any third party.

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• Copy or use the App for any purpose other than as permitted in the 'License' section above.

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• Modify, make derivative works of, disassemble, decipher, compile or reverse engineer any part of the Application.

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• Remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) of the Company or its affiliates, partners, suppliers, or licensors of the Application.

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Content

Content Restrictions

The Company is not responsible for the entries, information or content of users of the Application.

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You expressly understand and agree that you are solely responsible for the Content and all activity that occurs under your account, whether it is done by you or anyone else using your account.

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You may not transmit any Content that is unlawful, offensive, annoying, intended to disgust, threatening, defamatory, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

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• Defamatory or discriminatory content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other target groups.

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• Illegal or promoting illegal activities.

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• Spam, machine-generated or random, that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

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• Contain or install viruses, worms, malware, Trojan horses, or other content designed or intended to interrupt, damage, or limit the operation of any software, hardware, or telecommunications equipment or to damage or gain unauthorized access to any information or Other Information of a third party.

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• Infringe the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity, or other rights.

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• Impersonate any person or entity, including the Company and its employees or representatives.

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• Violate the privacy of any third party.

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• False information and features.

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The Company reserves the right, but not the obligation, to, at its own volition, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to format and edit and change the form of any Content. The Company may also limit or revoke the use of the Application if it posts such objectionable Content.

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Intellectual property

The Application, including, but not limited to, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the exclusive and exclusive property of the Company.

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The Company shall have no obligation to indemnify or defend you with respect to any third-party claims arising out of, or relating to, the Application. To the extent Company is required to provide indemnification under applicable law, Company, not the App Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or its use infringes against any third party. Intellectual Property Rights.

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Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

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App Updates

From time to time, the Company may provide enhancements or enhancements to the features/functionality of the Application, which may include patches, bug fixes, updates, enhancements, and other modifications.

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Updates may modify or remove certain features and/or functionality of the Application. You agree that the Company has no obligation to (i) provide Updates, or (ii) continue to provide or enable particular features and/or functionality of the Application to You.

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You further agree that all updates or any other modifications shall be deemed (i) to be an integral part of the Application and (ii) subject to the terms and conditions of this Agreement.

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Maintenance & Support

The Company does not provide maintenance or support for the download and use of the Application. To the extent any maintenance or support is required by applicable law, the Company, not the App Store, shall be obligated to provide such maintenance or support.

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Third-Party Services

The App may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services.

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You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not and shall not have any liability to You or any other person or entity for any Third Party Services.

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You must comply with any applicable Third Party Terms of Agreement when using the Application. Third-party services and links thereto are provided solely as a convenience to you and you access and use them at your own risk and subject to the terms and conditions of such third parties.

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Privacy Policy

The Company collects, stores, maintains, and shares information about you in accordance with our Privacy Policy:

https://www.healthier-cooking.com/privacy-policy

By accepting this Agreement, You acknowledge that You accept and agree to the terms and conditions of our Privacy Policy.

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Term and Termination

This Agreement will remain in effect until terminated by either you or the Company.

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The Company may, in its sole discretion, at any time and for any reason, suspend or terminate this Agreement with or without notice.

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This Agreement will terminate immediately, without notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or computer.

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Upon termination of this Agreement, you must cease using the App and delete all copies of the App from your Device.

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Termination of this Agreement shall not limit any of the Company's rights or remedies at law or in equity in the event of a breach by You (during the term of this Agreement) of any of Your obligations under this Agreement.

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Indemnity

You agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of a third party.

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Guarantees

The Application is provided "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability,  fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course, course of performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind, that the Application will meet your requirements, achieve the intended results, be compatible or function with any other software, applications, systems or services, operate without interruption, meet performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's suppliers make any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products contained therein; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, content, or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, ticking time bombs, or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this Section 11 shall apply to the fullest extent enforceable under applicable law. To the extent there is a warranty under the law that cannot be disclaimed, the Company, not the App Store, shall be solely responsible for such warranty.

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Limitation of Liability

Notwithstanding any damages You may incur, the total liability of Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.

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To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the Application,  the third-party software and/or hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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You expressly understand and agree that the App Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential, or exemplary damages that You may incur, including any loss of data, whether or not the App Store or its representatives have been advised of the possibility of such losses arising.

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Severability and Waiver

Divisibility

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and construed to accomplish the objectives of such provision to the fullest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

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Resignation

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or enforce such performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

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Claims

The Company makes no warranties with respect to the Application. To the extent you have any claims arising out of or related to your use of the App, the Company, not the App Store, is responsible for addressing such claims, which may include, but are not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, or similar legislation.

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U.S. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and (ii) is not listed on any U.S. government list of prohibited or restricted parties.

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Changes to this Agreement

The Company reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will give you at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at the sole discretion of the Company.

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By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

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Applicable Jurisdiction

The laws of the country, excluding its conflicts of laws, will govern this Agreement and your use of the Application. Your use of the App may also be subject to other local, state, national, or international laws.

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Entire Agreement

The Agreement constitutes the entire agreement between You and the Company with respect to Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

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You may be subject to additional terms and conditions that apply when you use or purchase the services of another provider, which the Company will provide to you at the time of such use or purchase.

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Contact

If you have any questions about this Agreement, you may contact us:

·       By email to: english@wellingtonmaster.com

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