Welcome to iSpyChef web and mobile device applications which are operated by Buzz-it Limited (“We”). We are registered in England and Wales under company number 12574910 and have our registered office at Buzz-it Ltd, 3rd Floor 89-90 Paul Street, London, England, EC2A 4NE. We are a limited company. To contact us, please email support@ispychef.com or message us through our support profile on the site which can be found in the members section.
We provide a wide range of services including the website and web application. By using our services and features, you agree to the following terms and conditions, and any policy, guidelines or amendments thereof that may be presented to you from time to time (collectively called the “Agreement”).
1. AGE RESTRICTION
IN ORDER TO USE OR ACCESS THE SERVICES, YOU AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS AND ELIGIBLE TO VIEW, POSSESS OR OTHERWISE USE THE APPLICATIONS AND SERVICES. YOU FURTHER AFFIRM AND WARRANT THAT YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
2. PRIVACY POLICY
By using the Services, you acknowledge and agree the terms contained in the Privacy Policy and the same is hereby incorporated into this Agreement.” Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.
3. PROPRIETARY RIGHTS
The Applications, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including but not limited to the mobile device applications, and all other elements of our Services (collectively, the “Materials”) are protected by copyrights, trademarks, service marks, patents, intellectual property and other proprietary rights and laws. All Materials contained in our Services are the property of Buzz-it Ltd or its subsidiaries or affiliated companies and/ or third-party licensors. All trademarks, service marks, and trade names displayed on our Services are proprietary to Buzz-it Ltd or its affiliates and/or third-party licensors. Except as expressly authorized by Buzz-it Ltd, you agree not to modify, sell, license, distribute, copy, publicly perform or display, transmit, publish or create derivative works based on the Materials in whole or in part.
4. MODIFICATIONS
We reserve the right to change, modify, add, or remove portions of this Agreement or any guidelines at any time with or without notice. Your continued use of our Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Buzz-it ltd shall not be liable to you or to any third party for any modifications or changes of our Services. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products.
5. PROHIBITED CONDUCT & USES
YOU HEREBY AGREE THAT YOU WILL NOT:
(a) use our Services or any location information displayed within our Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other;
(b) include offensive or pornographic materials in any part of our Applications;
(c) use our Services for any commercial or non-private use, unless authorized in writing by Buzz-it Ltd;
(d) use our Services for any illegal purpose, or in violation of any local or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
(e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access our Services accounts of other Users;
(f) make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of our Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of our Services, features that prevent or restrict use or copying of any content accessible through our Services, or features that enforce limitations on use of our Services;
(h) intentionally interfere with or damage operation of our Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
(i) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libellous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(j) post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
(k) use our Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
(l) use our Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or Services could lead directly to death, personal injury, or severe physical or property damage;
(m) attempt to gain unauthorized access to our Services, or any part of it, other accounts, computer systems or networks connected to our Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; and
(n) use any robot, spider, scraper or other automated means to access our Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures Buzz-it Ltd may use to prevent or restrict access to our Services or modify our Services in any manner or form, nor to use modified versions of our Services, including (without limitation) for the purpose of obtaining unauthorized access to our Services.
6. SUSPENSION OF SERVICE
(a) BUZZ-IT LTD RESERVES THE RIGHT TO MONITOR THEIR SYSTEMS OF ANY USER’S REGISTRATION, INVITE-A-FRIEND ATTEMPTS, USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS.
(b) WE RESERVE THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO OUR SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
7. USER SUBMISSIONS
(a) Our Services allow the submission of content and materials (such as images, videos, comments etc) by you and other Users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm that:
(1) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorise us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by our Services and this Agreement; and
(2) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by our Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
(b) You understand that when using our Services you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
(c) We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time we choose, in its sole discretion, to monitor User Submissions, we nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Buzz-it Ltd does not endorse and has no control over the content of User Submissions submitted by other Users. Buzz-it Ltd makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Buzz-it Ltd reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
(d) User Submissions are jointly owned by the user who submitted them and Buzz-it Ltd. User Submissions can not be shared, displayed or duplicated by any other party other than the submitted user. No third party is permitted to use these User Submissions without the written consent of both the user and Buzz-it Ltd.
(e) As a registered user you agree to (i) moderate your profile, such that all content is in compliance with these Terms of Service, (ii) remove users from your profile and report users to us, if such users are in violation of these Terms of Services, and (iii) increase the visibility of your profile, e.g. from private to public, without express written consent by Buzz-it Ltd or all of your profiles’ followers and connections.
8. END USER LICENSES
(a) LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use our Application you must have a mobile device that is compatible with our Services. Buzz-it Ltd does not warrant that our Services will be compatible with your mobile device.
(1) License Grant. Buzz-it Ltd hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of our Application as follows: You may use our Application for one user subscription account on multiple mobile devices owned or leased solely by you, for your personal use.
(2) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by United Kingdom law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer our Application to any third party or use our Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application.
(3) Software Upgrades. You acknowledge that we may from time to time issue upgraded versions of our Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
(4) Open Source. With respect to any open source or third-party code that may be incorporated in our Application, such open source code is covered by the applicable open source or third-party license EULA, if any, authorising use of such code.
(5) Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Application or any copy thereof and Buzz-it Ltd or its third party partners or suppliers retain all right, title, and interest in our Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.
(6) Trademarks, Service Marks and Logos. The name of this Web Site is a service mark of Buzz-it Ltd. No use of this mark shall be permitted except through the prior written authorisation and permission of Buzz-it Ltd. All rights reserved.
(b) EXPORT CONTROL. The Application may be subject to the import and export laws of the United Kingdom and other countries around the world. You agree to comply with all United Kingdom and foreign laws related to use of the Application and our Services.
9. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
(a) Our Services may include links to other web sites or services solely as a convenience to Users. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
(b) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Services.
(c) Parties other than Buzz-it Ltd may provide services or sell products via the our services. Buzz-it Ltd are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Buzz-it Ltd does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
10. TERMINATION
You agree that we may terminate any account or subscription (or any part thereof) you have with our Services or use of our Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to our Services or any account you may have or portion thereof may be effected without prior notice, and you agree that we will not be liable to you or any third-party for any such termination. We do not permit copyright infringing activities on our Services, and reserves the right to terminate access to our services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may face legal action. These remedies are in addition to any other remedies we may have legally or in equity.
11. DISCLAIMERS
(a) OUR SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BUZZ-IT LTD, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
(b) BUZZ-IT LTD AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) BUZZ-IT LTD, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR OUR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BUZZ-IT LTD OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF OUR SERVICES AT YOUR OWN DISCRETION AND RISK.
12. INDEMNITY
You agree to indemnify and hold Buzz-it Ltd, its affiliated companies, officers, directors, employees, suppliers, agents, and partners harmless from and against any claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, arising out of or related to (a) your use or misuse of any location information or our Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use our Services to meet another User in-person or to locate and attend any offline place or event. Buzz-it Ltd reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. Buzz-it Ltd will provide prompt notice of any such claim, suit or proceedings to you.
13. LIMITATION OF LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL BUZZ-IT LTD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM:
(1) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION;
(2) YOUR USE OR INABILITY TO USE OUR SERVICES;
(3) BUZZ-IT SERVICES GENERALLY OR OUR APPLICATION OR SYSTEMS THAT MAKE OUR SERVICES AVAILABLE; OR
(4) ANY OTHER INTERACTIONS WITH BUZZ-IT LTD OR ANY OTHER USER OF OUR SERVICES, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) IN NO CIRCUMSTANCES SHALL BUZZ-IT LTD (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OUR SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED POUNDS, WHICHEVER IS GREATER.
(c) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BUZZ-IT LTD AND RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON OUR SERVICES.
(d) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BUZZ-IT LTD’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. GOVERNING LAW AND JURISDICTION
(a) The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of our Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to any conflicts of laws principles. Both you and Buzz-it Ltd shall submit to the exclusive jurisdiction of the courts of the United Kingdom.
(b) Any dispute or claim between you and Buzz-it Ltd regarding our Services must be settled by arbitration utilising the dispute resolution procedures of the United Kingdom.
15. NEWSLETTER
By registering to our Services you provide us your consent for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials related to our Applications and/or our Services, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service related communications, and our Applications may deliver notifications directly to your mobile device for a better user experience.
16. IN APP MESSAGES
By registering to our Services you provide your consent to receive ‘in app messages’ that will include surveys, offers, and other promotional materials related to our Applications and/or our Services, as well as targeted offers from third parties. You can opt out from the service by deleting our Applications or, if your mobile operating system allows you to do so, by modifying the in app message notification settings.
17. DELETION OF PERSONAL DATA
Typically we retain your Personal Data for the period necessary to fulfil the purposes outlined in the Privacy Policy, You may, however, request that we delete your Personal Data. All requests must be directed to us by email. When we delete Personal Data, it will be removed from active databases, but in some circumstances, it may remain in certain archives where it is not practical or possible to delete it. In addition, we may keep your Personal Data and usage history (which includes a history of text or photos that have been removed by moderation) as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements and legal duties.
18. Virtual Currency and Gifts
When you purchase or receive Virtual Currency products such as Points, you do not own them. Instead, you receive a limited right to use them for eligible products.
You may use this virtual currency to purchase and send gifts for other users. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the application when, as, and if allowed by us. All sales of Gifts are final and we do not offer refunds for any purchased Gifts. We are not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Gift program, or for loss or damage due to any service error, or any other reason.
Purchases of Virtual Currency and Gifts may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency or Gifts at any time, as well as the ways you can use Virtual Currency and Gifts. We reserve the right to revoke or stop issuing Virtual Currency and Gifts at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency and Gifts. Virtual Currency and Gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all accumulated Virtual Currency and Gifts without refund or other compensation. You agree that we will have no liability to you based on our exercise of our rights with respect to Virtual Currency and Gifts.
Gifts purchased or received by any user do not constitute property and are not transferable.
19. MISCELLANEOUS
(a) SEVERABILITY. If any provision or any part of a provision of this Agreement shall be invalid or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(b) WAIVER. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
(c) NOTICES. We may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the application or website.
(d) ASSIGNMENT. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Buzz-it Ltd without restriction.
(e) SURVIVAL. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, provisions 1, 4, 5, 6, 7, and 11 through 14 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to our Services.
(f) HEADINGS; ENTIRE AGREEMENT. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between the parties with respect to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by us as set forth in provision 3 above.
(g) CLAIMS. YOU AND BUZZ-IT LTD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.