Terms & Conditions

Terms and Conditions

Last edited: 23/06/2021

We are DietTree Ltd of International House, 64 Nile Street, London, England, N1 7SR,

the creators of the DietTree mobile and desktop site https://www.diettreeapp.com (together referred to below as the ‘app’).

You must be at least 18 years old and resident in the UK to use the app.

By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the app and you should not download it.

This agreement
1. We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:
  1. is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use;
  2. starts when you download the app; and
  3. covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
2. In this agreement, we refer to the site that you download the app from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.
3. You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.
4. If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
5. You are not allowed to:
  1. modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
  2. deliberately attempt to avoid or manipulate any security features included in the app; or
  3. pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
6. We make no promise that the app is appropriate or available for use in locations outside of the UK. If you choose to access the app from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
Support and contact
1. If you need to get in touch with us, you can use any of the following methods:

Our support pages

https://www.diettreeapp.com/faq

hello@DietTreeapp.com

Post

International House, 64 Nile Street, London, England, N1 7SR

If we need to get in touch with you, we will do so by email or an in-app notification.

Privacy and your personal information
1. Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
2. By using the app you confirm that you have the consent of family members, friends and any other third party to create a profile for them under your DietTree account.
Registration and password security
1. Use of the app may require registration, particularly in order to access restricted areas of the app.
2. We are not obliged to permit anyone to register with the app and we may refuse, terminate or suspend registration to anyone at any time.
3. You are responsible for making sure that your password and any other account details are kept secure and confidential.
4. If we have reason to believe there is likely to be a breach of security or misuse of the app through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
5. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.
Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

Location data
1. The app makes use of functionality on your device that can pinpoint your rough location.
2. User location is anonymous and cannot be linked to the user.
Acceptable use
1. You must not use the app to do any of the following things:
  1. break the law or encourage any unlawful or fraudulent activity;
  2. send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
  3. infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
  4. transmit any harmful software code such as viruses;
  5. try to gain unauthorised access to computers, data, systems, accounts or networks;
  6. deliberately disrupt the operation of anyone’s website, app, server or business;
  7. in any manner that harms minors;
  8. to promote any unlawful activity;
  9. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or
  10. to attempt to circumvent password or user authentication methods.
Interactive services
1. From time to time the app may include message facilities to other users and/or other communication services (Interactive Services).
2. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
3. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
4. Any Submission you make must comply with our Submission standards set out in clause 5 below.
5. By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the app, and on any other websites operated by us, indefinitely.
Submission standards
1. Any Submission you make to our Interactive Services and any other communication to users of our app by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
2. In particular, any Submission or communication by you must be:
  1. your own original work and lawfully submitted;
  2. factually accurate or your own genuinely held belief;
  3. provided with the necessary consent of any third party;
  4. not defamatory or likely to give rise to an allegation of defamation;
  5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
  6. unlikely to cause offence, embarrassment or annoyance to others.
Updates to the app
1. We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
2. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
3. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
Ownership, use and intellectual property rights
1. The intellectual property rights in the app and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the app (Content) are owned by us and our licensors.
2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
3. Nothing in these terms grants you any legal rights in the app or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the app or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the app or the Content.
4. Trademarks: DietTree is our trademark. Other trade marks and trade names may also be used on the app or in the Content. Use by you of any trade marks on the app or in the Content is strictly prohibited unless you have our prior written permission.
Changes to this agreement
1. We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
2. You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app and can apply to the app store for a refund.
External services
1. The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
2. We are not responsible for examining or evaluating the content or accuracy of these external services (such as, but not limited to third party recipe providers). Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
3. You must not use external services in any way that:
  1. is inconsistent with these terms or with the terms of the external service; or
  2. infringes our intellectual property rights, or the intellectual property rights of any third party.
4. From time to time, we may change or remove the external services that are made available through the app.
Accuracy of information and availability of the app
1. We try to make sure that the app is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the app will be fit or suitable for any purpose. Any reliance that you may place on the information on the app and any Content or information on the app is at your own risk.
2. We may suspend or terminate access or operation of the app at any time as we see fit.
3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our app and its Content.
4. While we try to make sure that the app is available for your use, we do not promise that the app will be available at all times or that your use of the app will be uninterrupted.
Our responsibility to you
1. Our app is to be used as a dietary requirement guide only. It is your responsibility to make sure that any recipes, dietary guidance and all and any other information on the app is suitable for your and and/or your family members’ and guest requirements and we will not be liable to you in this regard.
2. If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
3. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
4. If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
5. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Events beyond our control
1. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
Failures of networks or hardware

The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.

Ending this agreement
1. We can end this agreement if you do not comply with any part of it.
2. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
3. The consequences of the agreement ending are as follows:
  1. you are no longer allowed to use the app and we may remotely limit your access to it;
  2. you must delete it from any devices that it has been installed on;
  3. we may delete or suspend access to any accounts that you hold with us; and
  4. you are not entitled to a refund.
Third parties

No one other than us or you has any right to enforce any term of this agreement.

Transferring this agreement
1. We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
2. You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
Governing law and jurisdiction
1. The laws of England apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
2. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.