Terms of Use
These terms of use apply to the use of the services offered by FoodVite B.V. Thereafter, either through a subsidiary such as the HeyNosh website or mobile site on various electronic platforms (via www.heynosh.com) or mobile applications (HeyNosh sites and applications and related services hereinafter collectively referred to as “services”).
These terms also apply to your account (as defined below) and your use of the services. By accessing and/or using the services, you acknowledge and agree that you have read and agree to these terms and conditions in any way.
These terms reserve the right to change at any time without notice. If there are any changes with these terms, they will be updated here. By regularly checking and reviewing this page, you can keep up to date with the terms and conditions that apply to your use of the services and your account. If we believe the changes are significant, we will notify you on HeyNosh websites and/or mobile applications, or by e-mailing the specified e-mail address’. What constitutes a material change is determined by FoodVite in its sole discretion. These conditions are not included in our Privacy Policy (which you can find here). If you do not agree to these terms and/or our privacy policy, do not use the services.
Use of Services
We grant you a limited, revocable, non-transferable right and license to use our services. Our services are intended for your personal use only, not commercially. You may not reproduce, modify, copy or distribute any part of the services.
When browsing and accessing websites or using the services, downloading, installing or using mobile applications or communicating with any business or any other user of the services, you must not attempt to do any of the following:
a: Any information, data and/or content that infringes any party’s publicity, privacy, copyright, trademark or other intellectual property rights (as defined below),
b: Any conduct, encourage or make any statement that is likely to be a criminal offense, give rise to civil liability, infringe or violate any third party’s rights in any country,
c: To restrict or inhibit anyone else’s use of the services, to take any action that would be harmful to the other party, or to commit a crime,
d: Use of credit card information, engage in fraud or in transactions with FoodVite or any third party (including transaction on behalf of any third party that is not bound by the third party’s name, or engage in any fraudulent or fictitious identification of such third party),
e: To use the services in any manner that could damage, disable, overburden or impair our services, goodwill, trademarks, reputation or any other person’s ability to use any part or all the services, or interfere with any other party’s use and enjoyment of the services,
f: To use the services to send, post or otherwise transmit any content that is offensive, indecent, threatening, abusive, harassing, defamatory, libelous, deceptive, coercive, profane, invasive or insensitive to the privacy of others, or offensive in any other way to any person or group, race, religion or gender, g: To upload or transmit any data files, software or link to the services that contain malicious code or that route a virus, Trojan horse, worm, spyware or other harmful program,
h: Use any robot, bot crawler or any other automated device or part of the services to access, acquire, copy or monitor any data or site content (as defined below) found or accessed through the services,
i: Interfering or disrupting the integrity or performance of the services,
j: Violate any applicable laws, rules or regulations to your access or use of the service,
k: To use the services in a manner that is not intended, or that are contrary to these terms and conditions,
l: Use our proprietary information, interfaces or other intellectual property rights in the design, development, manufacture, license or distribution of any application, accessory or device related to the service,
m: To access or use the services to perform or enforce any action that imposes, unreasonable or disproportionately large on our infrastructure,
n: To obtain any information about other users’ (and may include our customers and/or businesses) without their consent; or access to other user’s accounts, names, passwords or personally identifiable information to copy, reproduce, modify, perform derivative works, distribute or publicly display and any site content from the services, without FoodVite BV’s written permission,
o: Authorize or encourage anyone to do any of the above.
User Accounts
You may register by creating an account or by connecting your social media account. If you create an account, you agree to complete the registration process by providing up-to-date, complete and accurate information as requested by FoodVite. You are responsible for all activities that occur under your account. FoodVite should be notified by any unauthorized use of account or any breach of security. FoodVite will not be liable for any damages arising from your use or inability to use this site or anyone’s account, whether you have been advised of the possibility of such damages or not. In addition, you may be held liable for damages incurred by us or by another party as a result of your use of the account. You are solely responsible for the correct use of your account, maintaining the confidentiality of your account and login details.
FoodVite ensures that you have the full control over your account usage. You may not have more than one account or transfer and/or sell your account to another party.
All accounts must be registered to a valid personal e-mail address that you access regularly so you can be contacted via e-mail about your account management and administration among other things. From time-to-time FoodVite may ask users to re-verify their account or update their passwords to ensure that accounts are still active and registered with a valid e-mail address.
If proxy IPS (Internet Protocol Addresses) are used to try to hide, we reserve the right to terminate, delete and/or remove any account without prior notice, if the account has been found to have violated these terms. The use of more than one registration account to prevent our services from running smoothly or disrupting other users of our services. When you create an account, you represent and guarantee the following: If a company, organization or other legal entity, if they represent and the entity has the authority to make these connections available by using the asset; according to the relevant law, can make and apply legally binding contracts. You are legally, financially and morally responsible for all activities that occur under your account and all information you provide is true, current, accurate and complete and FoodVite will be immediately notified with any change of this information by updating your account profile. If you are under the age of majority, you can use the services only under the supervision and permission of the parent or legal guardian who will be responsible for all your activities.
Copyright infringement
FoodVite respects the private opinions of others. If you believe that any site content or else posted on the HeyNosh websites and/or Mobile Apps is anti-copyright, please contact our Customer Support Page with the following correspondence: A physical signature of the copyright owner or a person authorized to act on behalf of the owner of the alleged infringement, A clear identification of the copyrighted work claimed to have been infringed, Determining enough information to allow us to locate the allegedly infringing material, Enough information to allow us to contact you or respond to you, A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law And the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Links to other websites / mobile sites
HeyNosh Websites and Mobile Apps may contain advertisements and/or links to Third Party Sites. These links to Third Party Sites are provided for the convenience of our users only. We do not endorse or verify the accuracy, or the ownership of the information contained in the advertisements or the content, products, or services of any Third-Party Sites. If you decide to leave HeyNosh Sites and go to Third Party Sites or download any other applications, software or download content from any of these Third-Party Sites, you are at your own risk. Concerns regarding a Third-Party Site should be directed to the owners of the Third-Party Sites. FoodVite is not responsible for any transactions associated with any Third-Party Sites.
Limitation of liability
You further agree that we cannot be held liable for any loss or damage incurred as a result of the usage of the HeyNosh Sites, Mobile Applications or Services. To our understanding, we are not sellers of goods and/or food and other services offered on the Hey Nosh Site, Mobile App and services. We are a service provider and transaction processor for third party Enterprises. We assume no liability for the services or products, nor information provided by the restaurants included in the HeyNosh application.
Compensation
You agree to indemnify and protect us from all debts, claims, damages, losses and expenses, including attorney fees arising from your use of the Services (including HeyNosh Sites and Mobile Apps). We reserve the right, on our own and at our absolute discretion, to assume the private defense and control of any matter at your own risk, otherwise you will cooperate with us to obtain compensation from you, in which case you to make any defense with us.
Governing Law, Jurisdiction and Arbitration
With all disputes arising out of, relating to or in connection with these Terms, our Privacy Policy or your use of any part of the HeyNosh Sites, Mobile Applications and/or Services, the arbitration center will be Netherlands. The language to be used in arbitration proceedings are English and Dutch. The HeyNosh Sites and Mobile Apps are operated by a Dutch entity and these Terms are governed by the laws of the Netherlands.
No Guarantee
You acknowledge that the Services are provided “as is” and “as available” and that you rely on or use the Services and any content’ products or services accessed or obtained at your own risk. The use of the Services will be safe, timely, uninterrupted or error free, or maybe free used or work with any other hardware, software, system or data, The Services will meet your needs or expectations, Errors in defects in the Services will be corrected, Our Services and servers are free viruses or other harmful components. All conditions, representations and warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement are excluded and disclaimed to the fullest extent permitted by the law. The Services may be subject to limitations, delays and other problems that may arise in the use of the Internet and electronic communications (including problems specific to the computer or electronic device you use). We are not responsible for delays, delivery errors, damages or losses caused by such issues. No advice or information, oral or written obtained by you from FoodVite or the Services are given any representation, warranty or guarantee. In addition, you acknowledge that we are under no obligation to support or maintain the Services. We disclaim all responsibility and liability for Site Content made available through the Services, including but not limited to Content uploaded by users or content or services of third parties. We are not responsible in any way for third-party content and services used in connection with our services.