These Terms and Conditions are valid from 2024-07-09
THESE TERMS AND CONDITIONS ("TERMS") ESTABLISH THE CONDITIONS UNDER WHICH BABY PLATES ("BABY PLATES", "US", "WE", "OUR") PROVIDES YOU ("YOU", "YOUR", "USER") WITH ACCESS TO THE BABY PLATES SERVICE ("SERVICE") AT
("MOBILE APPLICATION") AND
("WEBSITE").
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE SERVICE IMMEDIATELY.
BY CLICKING ON THE BUTTON MARKED "SIGN UP" YOU GUARANTEE THAT YOU UNDERSTAND AND ACCEPT THESE TERMS.
PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM.
YOU ARE ADVISED TO PRINT AND SAVE A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE USE.
1. DEFINITIONS
“Billing Period” means the time period divided up our sending customer bills of amounts of money owed for Service;
“Confidential information” means the information for which the Disclosing Party requires the Receiving Party not to transfer this information to third parties without the consent of the Disclosing Party;
"Confirmation Email" means upon the completion and submission of the online registration form by you on the Website, you shall be sent an email confirming your registration with us through the Website;
"Contract" means the contract between us and you for provision of the Service and which incorporates these Terms, the Privacy Policy and your online registration form (if necessary);
"Content" means any and all data, files, documents, multimedia files, third party links, images, videos, and any other information or material whatsoever (in any format) submitted by the Service and to the Service;
“Disclosing Party” means the party who’s releasing the Confidential information to the Receiving Party;
“Fault” means a flaw in a component or system that can lead to a failure situation;
"Fee" means the fee payable by you for use of the Service as specified on the Website or otherwise agreed between us and you in writing;
"Hardware" means your computer, laptop or other device used to Use the Service;
"Intellectual Property Rights" means all intellectual property rights including without limitation, performer's reproduction rights, performer's distribution rights, performer's rental rights and performer's lending rights (collectively referred to as "Performer's Property Rights"), patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or register able and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
"Login Details" means the unique username and password required for all Users to access the Service through the Website;
"Minimum Requirements" means any minimum specifications required for your Hardware in order for you to use the features and functionality of the Service, as may be specified on the Website from time to time;
"Network" means the electronic communications network used by us to provide the Service;
"Performer's Property Rights" shall have the meaning in the definition of "Intellectual Property Rights";
“Personal Account” is part of the system, which is a your self-service system containing information about the you, connected Services, Personal Account balance, through which the customer manages the Service. Also Personal Account is an analytical account in the BABY PLATES`s automated calculation system, used to record the Services provided to the customer, the receipt and expenditure of funds contributed by the customer to pay for the Services.
“Personal Data” has the same meaning as in the Law on Protection of Personal Data at 2018.
"Purpose" means to use, copy, compress, modify and transmit information in order to provide you with the Service and perform our obligations under these Terms;
“Rate, Rate plan” - a standard form of a commercial proposal (description on the Website in the Personal Account or documents posted via a link from the Personal Account), approved by us, containing a set of price conditions for the provision of Services.
“Receiving Party” means the party whom the Disclosing Party entrusts the Confidential information;
"Service" means the access to information about various recipes and baby food plans made available by us to you through the Mobile application and the Website;
“Subscription” means we provide a Service with a certain Tariff Plan, and you pay us for a certain time period
“System” means the computers, networks, and other systems, programming and communication facilities required by BABY PLATES for the operations of the Service;
"Use" means having access to the Service for your internal personal purposes only; and
"User" means an individual who you have permitted to use the Service and who has been given the yours Login Details.
2. INFORMATION ABOUT
US AND THE SERVICE
2.1 Your agreement is with Maksim Bliznetsov PR Beograd (aka BABY PLATES), a company registered in Republic of Serbia with the company registration number 67506774 and having its registered address at Republic of Serbia, Belgrade, Novi Beograd, 11073 Jurija Gagarina 231, office no 239.
2.2 The Service is intended for non-commercial use. If you wish to use the Service for commercial purposes, please contact us using the email address specified at clause 29.
3. ONLINE REGISTRATION
3.1 We provides the User with access to information about the Website and the Mobile application before registering in the Mobile application, the opportunity to study the Website content through the search box or filters, as well as view the open part of the Website sections.
3.2 In order to gain access to the Mobile application, registration in the Mobile application is provided by creating a User account (Profile). The User does not have the right to register on behalf of or in place of another person, except in cases where the User has been duly authorized to act on behalf of another person. At the same time, the User does not have the right to register a Profile for use by persons under 18 years of age.
3.3 Registration is carried out by entering the PIN code sent by the Mobile application to the User's phone or by specifying one of their accounts in the mobile application - in Google, on social networks Vkontakte or Facebook. User registration allows you to purchase a subscription to the Mobile Application, view free content and perform other actions related to the functionality of the Mobile Application.
4. YOUR CONTRACT FORMATION AND ITS TERMINATION
4.1 Your contract with us shall commence on the date we send your Confirmation Email or entering the PIN code sent by the Mobile application to the User's phone. Your contract will be valid for subsequent recurring periods of either one (1) month or one (1) year (each billing period), depending on the option you choose, unless terminated by you or us in accordance with these Terms.
4.2 You may terminate your Contract with us at any time by sending a notice in writing or by e-mail sent to the postal or e-mail address specified at clause 29, such notice expires at the end of the Free Trial or the relevant Billing Period (as applicable) in which we have received your notice to terminate. You will receive no refund of the Fees paid under such circumstances.
4.3 You may also terminate this Contract (by providing ten (10) days` notice in writing or by e-mail sent to the postal or e-mail address specified at clause 29 if we commit a material breach of this Contract. In such circumstances, we will refund you a pro-rata portion of any Fees you paid in advance.
4.4 We may send you a notice to terminate of your Contract and your use of the Service at any time, your Contract and use of the Service must be terminated at the end of the current Billing Period.
4.5 We may suspend or terminate your use of the Service immediately by notifying you in the event that:
4.5.1 third-party services and network providers stop providing us with access to third party services or networks;
4.5.2 you fail to comply with one or more of these Terms;
4.5.3 we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Service (in whole or in part); or
4.5.4 we believe that you have provided us with any false, inaccurate or misleading information, and for the avoidance of doubt, no fees will be refunded to you if we terminate the contract in accordance with sections 4.5.2- 4.5.4.
4.6 Upon termination of your Contract with us in accordance with this clause 4, your and any User's access to the Website and the Service will cease, and any Content will no longer be available through the Service. We may keep copies of your Content and/or other data (including any User's data) provided through the Service for audit and/or tax purposes, or as may be required by us to comply with applicable law. These copies will always be held confidential.
5. ACCESS TO THE SERVICE
AND SUPPORT
5.1 As compensation for the payment of the relevant fees, we hereby grant to you a non-exclusive, non-transferable (without the right of sublicense) license to use the Service and allow users to use it for the duration of your Contract. You acknowledge that you are responsible for any use of the Service by Users and must ensure that these Terms are brought to the attention of all Users. You are liable for the breach of these Terms by the User, as if it were a breach by you.
5.2 The Service allows you access to information about various recipes and baby food plans made available by us to you through the Mobile application and the Website.
5.3 We will make reasonable efforts to make the Service available to you and Users at any time, but we cannot guarantee uninterrupted or fault free service.
5.4 Our ability to provide the Service may be impaired by conditions or circumstances beyond our control, including, but not limited to, third-party service providers, geographical or atmospheric conditions, local physical obstacles, software and hardware features or functionality of your personal computer, operating system and the number of other users logging onto the Service, server, and/or Network at the same time. We will take reasonable steps to minimize disruptions caused by such circumstances, but you acknowledge and agree and accept that some such disruptions may not be avoidable.
5.5 The Network is not controlled by us and may be upgraded, modified, subject to maintenance work or otherwise amended by the Network owner from time to time. Such circumstances may lead to the Service temporary unavailability.
5.6 We use industry standard security measures to protect against the loss, misuse and alteration of information, data and/or content processed by our Service. However, you acknowledge and agree that we cannot guarantee the complete security of such information, data and/or content or that our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may provide access to such information, data and/or content or unauthorized viewing of such information. However, we use reasonable efforts to prevent such actions and unauthorized access from happening.
5.7 We reserve the right to make changes to the Service or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any features or functionalities of the Service. If changes with significant impact on the Service are made that you are unhappy with, you have the right to terminate the Contract with immediate effect.
5.8 Fault diagnosis is subject to you or any User providing a clear and accurate description of any Fault requiring support, including the circumstances in which it arose, the area of the Service to which the Fault relates and any other information reasonably required by us to remedy the Fault.
5.9 Subject to receipt of the description in accordance with clause 5.8 above, we will make all reasonable efforts to eliminate the Faults within a reasonable time after receiving your request by emailing us at support@babyplates.recipes
5.10 The Service support not include the diagnosis and rectification of any Fault resulting from:
5.10.1 use of the Service other than in accordance with these Terms or the use of the Service for a purpose for which it was not designed;
5.10.2 a fault in your or a third party's software, hardware, network connections or application or any upgrade in respect thereof; or
5.11.3 a fault in the equipment or in any other software operating in conjunction with or integrating with the Service.
6. YOUR OBLIGATIONS
6.1 You agree that you are solely responsible and liable for all your activities on the Mobile application or the Website and Use of the Service, including that of your Users. You shall be liable for any breach of these Terms by a User as if you had breached the Terms.
6.2 You must notify us immediately in the event of a security breach or any unauthorized Use of Login Details.
6.3 You are responsible for ensuring that any Content is not considered offensive, illegal, inappropriate or otherwise:
6.3.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.3.2 harasses or advocates harassment of another person;
6.3.3 displays pornographic or sexually explicit material;
6.3.4 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.3.5 promotes any illegal activities;
6.3.6 provides instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
6.3.7 promotes or contains information that you know or believe to be inaccurate, false or misleading;
6.3.8 engages in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
6.3.9 contains any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of the Mobile application or the Website; or
6.3.10 infringes any Intellectual Property Rights or any other proprietary rights of any third party.
6.4 For the duration of this Contract, you hereby grant us a non-exclusive worldwide royalty-free license to use the Content and all other materials provided by you.
6.5 You acknowledge that the Service does not verify the rights and restrictions applicable to any Content. If you are not the owner of the Content, you are solely responsible for verifying the relevant license rights and restrictions applicable to any Content. We are not liable to you for any losses, damages, costs or waste incurred by you as a result of or in connection with your use of any content through the Service.
6.6 You warrant and represent that you own, are licensed or otherwise have the right to use any intellectual property rights in any Content that you provide to the Service. You hereby release us from liability for any damages, losses, costs and expenses (including reasonable legal expenses) incurred or suffered by us as a result of or in connection with any claims brought against us by a third party arising out of or in connection with our use or possession of any Content in accordance with these Terms.
6.7 You also agree that at any time you must and guarantee must:
6.7.1 not to use Login Details with the intention to impersonate another individual;
6.7.2 not allow any other person to use your Login Details;
6.7.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Service and the Website or in respect of the Network;
6.7.4 not use the Website and/or the Service, the content contained therein and/or not to do anything that may violate any intellectual property rights or other rights of any third parties;
6.7.5 not use any information obtained using the Service and/or the Website, other than in accordance with these Terms;
6.7.6 comply with our instructions and policies from time to time in respect of the Website and your Use of the Service;
6.7.7 cooperate with any reasonable security measures or mandatory legal checks or requests for information sent by us from time to time; and
6.7.8 use the information provided to you through the Service and on the Website at your own risk.
6.8 In the event that You or any User breach any of the terms in this clause 6, or we in our sole and absolute discretion, reasonably suspect that you or any User have breached any of the terms set out in this clause 6, we reserve the right to terminate your Contract forthwith upon written notice.
7. FEES AND PAYMENT
7.1 Usage of the Service is billed on a subscription basis (Subscription(s)). Billing Periods can be set on a monthly or yearly basis at your choice.
7.2 When subscribing, a window opens in the User's Profile on the Mobile Application with an offer to receive a promo code, and you will need to click on the link to go to the Site where he can buy this promo code for the period the User needs, which will be sent to the User's email address specified in the Profile, after which you need to enter the promo code when subscribing. The result of the described actions is to receive a 100% discount on subscription payment and complete the subscription.
7.3 The payment for access to the Mobile application can also be made in a payment from a Linked bank card (clause 7.4 of these Terms), in the form of transfers from an user's bank account.
7.4 We do not have access to the data specified by the User of the linked bank card and are not responsible for the safety and confidentiality of the transmitted data when making a payment. The payment is carried out by the User with the participation of an authorized payment acceptance operator, or an electronic money operator, or other settlement participants, information technology interaction, and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked bank Card) and other settlement participants.
7.5 We do not guarantee the absence of errors and failures in the operation of the Website in relation to the provision of cashless payment.
7.6 If it is impossible for any reason to make a cashless payment (including, but not limited to, temporary technical unavailability of this function, temporary or permanent impossibility of cashless payment using a Linked bank card, insufficient funds on the Linked bank card), the User undertakes to ensure that there is a sufficient amount of money on the Linked bank card to repay the debt for services as soon as possible.
7.7 The User understands and agrees that all actions performed within the framework of the User's bank card are considered to be performed by the User.
7.8 In case the User does not agree with the fact and/or the amount of the cashless payment, the User has the right to contact the questions by the phone numbers indicated by us and/or through the support service interface (feedback) within 3 (three) days from the date of the cashless payment.
7.9 If, based on the results of verification of such a request, We decide to refund the amount of cashless payment in full or in part, the specified refund is made to the bank account of the Linked bank card from which the cashless payment was made. The procedure for refunding is carried out with the participation of an authorized payment acceptance operator or an electronic money operator, or other settlement participants, information technology interaction, and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked bank card) and other settlement participants.
7.10 We reserve the right at any time to require the User to confirm the data specified in the Personal Account including the data of the Linked bank card, and in this regard to request supporting documents (in particular, identity documents), failure to provide which, at Our discretion, may be equated to providing false information and entail the consequences provided for in clause 4.5 of Terms.
7.11 At the end of each Billing Period, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancels it. You may cancel your Subscription renewal either through your online personal account or by contacting BABY PLATES user support team.
7.12 Subject to clause 7.2, all Fees are invoiced in advance.
7.13 All Fees are non-refundable, unless otherwise agreed by us in writing.
7.14 We reserve the right to increase the Fees at any time upon written notification sent to you, which takes effect from the beginning of the next Billing Period following the Billing Period during which we sent you the notification. Of course, you can terminate the Contract before the next Billing Period, if you do not want to accept the future Fee increase.
7.15 All Fees payable under your Contract do not include VAT or other sales tax, which will be added at the current rate.
7.16 If automatic billing does not occur for any reason, we will notify you by email that you need to check or update your payment method in order for your Subscription to be paid.
8. FEE CHANGES
8.1 Actual Rate plans and fee rates are provided by us in the corresponding sectors of the official Websites and the users’ Personal Accounts.
8.2 We, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the current Billing Period.
8.3 We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to cancel your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
9. REFUNDS
9.1 By the reason, that we provide an opportunity to test our service before making a purchase decision in a 3-days Free Trial for every customer, all paid Subscription fees are non-refundable, except when required by law.
10. FREE TRIAL
10.1 We offer you a one-time 3-days free trial Subscription, during which you can try out Use of the Service for free (Free Trial). You acknowledge that during any Free Trial, the Service may have certain restrictions and limited functionality.
10.2 At the end of the 3-days (i) you will lose access to your Personal account, and (ii) any data you provide will be deleted unless you upgrade to a paid-for Subscription.
10.3 No billing information is required in order to sign up for the Free Trial.
10.4 Upon expiration of the Free Trial, you will have the option to either (i) continue access to the Service by paying the Fees; or (ii) terminate access to and Use of the Service.
10.5 If you use the Free Trial, you agree that we will have the right to send you messages, notifications and news about the Service to your email address or your phone.
10.6 We reserve the right to change, cancel and/or limit this Free Trial offer at any time.
10.7 If you decide not to continue using the Service after the Free Trial, you acknowledge and agree that all content will no longer be available through the Service after the Free Trial expires.
11. FAIR USE POLICY
11.1 If we believe that you are using the Service in a manner outside the scope of the Fair Use Policy, we will contact you to find a solution, which may include the need to charge additional Fees.
11.2 If you decide not to change your use after we contact you in accordance with these Terms, you can stop using the Service and receive a pro-rata refund for any remaining time in your Billing Period.
11.3 If we are unable to find a solution, we reserve the right to Terminate your Personal Account in accordance with clause 4.
12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 You hereby warrant that (i) you are at least 18 years old; (ii) you have the right and legal capacity to enter into and be bound these Terms; and (iii) you must comply with all applicable laws regarding the Use of the Service.
12.2 You acknowledge that we use compression techniques in order to relay Content on Screens, which may result in a reduction in the image quality when viewed on a Screen.
12.3 Links to third party websites may appear on the Mobile application or the Website from time to time. Such third party websites are not our responsibility and we accept no liability for the availability, suitability, reliability or content of such third party websites and third party software.
12.4 We shall not be liable for any delay or failure to provide the Service and/or make the Mobile application or the Website available for reasons that is due to third parties including without limitation internet service providers, data centers, server hosting companies and telecommunication providers.
12.5 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. All information, advice, suggestions and recommendations made available to you are provided to you on an "as is" basis.
12.6 Nothing in these Terms shall be deemed to exclude, restrict or limit liability for the following categories:
12.6.1 death or personal injury resulting from negligence;
12.6.2 any liability for fraud or fraudulent misrepresentation;
12.6.3 any act of liability caused through wilful default;
12.6.4 any indemnity provided in your Contract; or
12.6.5 any other liability which cannot be limited or excluded under applicable law.
12.7 Neither you nor us shall be responsible for any:
12.7.1 losses of profits, sales, business, or revenue;
12.7.2 loss or corruption of data, information or software;
12.7.3 loss of business opportunity;
12.7.4 loss of anticipated savings;
12.7.5 loss of goodwill; or
12.7.6 special, indirect or consequential loss, whether such losses, damages, costs and expenses resulted from your or our negligence, failure to comply with these Terms or otherwise.
12.7.7 both parties’ maximum aggregate liability towards one another, arising from or in connection with this Contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Fees paid by you to us under the Contract in the twelve (12) months prior to the month in which the event or series of events arose (and in the event less than 12 months have elapsed, the aggregate liability shall be limited to the Fees payable by you in the first 12 months of your Contract, to be calculated by averaging the Fees paid (or payable in the case of Fees invoiced but not yet paid) by you during the preceding months).
13. ERRORS AND CORRECTIONS
13.1 The information and Services included in or available through the Mobile application or the Website may include inaccuracies and/or typographical errors.
13.2 Changes are periodically made to the Mobile Application or the Website and to information contained in the database(s) from which information on the Mobile Application or the Website is derived.
13.3 Use of the Mobile Application or the Website is at your own risk, and you agree that neither us nor our suppliers are liable for any inaccurate information contained in or derived from the Mobile Application or the Website.
13.4 We and our suppliers may make improvements and/or changes to the Mobile Application or the Website at any time.
13.5 Information contained in or derived from the Mobile Application or the Website is not to be relied on or utilized as a source of financial, tax, legal, accounting, economic, business or other professional advice.
13.6 Information contained in or derived from the Mobile Application or the Website is not to be used to calculate or challenge royalty payments paid or to be paid from us to you or any third party.
14. YOUR PERSONAL DATA LIABILITY
14.1 When you create an account with us, you must provide us information that is accurate, complete, and actual at all times.
14.2 Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
14.3 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
14.4 You agree not to disclose your password to any third party.
14.5 You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Personal Account.
14.6 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
15. OUR LIABILITY
15.1 YOUR USE OF THE MOBILE APPLICATION OR THE WEBSITE IS AT YOUR OWN RISK.
15.2 WE DO NOT WARRANT THAT THE MOBILE APPLICATION OR THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS WEB-SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL OR GOODS.
15.3 IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WTH SUCH SERVICING OR REPLACEMENT.
15.4 THE MOBILE APPLICATION, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
15.5 WE AND OUR SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS CONTAINED WITHIN THE MOBILE APPLICATION OR THE WEBSITE; THAT THE MOBILE APPLICATION OR THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS CONTAINED ON THE MOBILE APPLICATION OR THE WEBSITE WILL BE CORRECTED; OR THAT THE MOBILE APPLICATION OR THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS.
15.6 YOU SPECIFICALLY AGREE THAT WE AND/OR OUR RESPECTIVE AFFILIATES AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MOBILE APPLICATION OR THE WEBSITE.
15.7 YOU SPECIFICALLY AGREE THAT WE AND/OR OUR RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OR ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
15.8 YOU SPECIFICALLY AGREE THAT WE AND/OR OUR RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE MOBILE APPLICATION OR THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WE , OUR AFFILIATES, OUR SUPPLIERS, AND/OR ANY THIRD PARTIES MENTIONED ON THE MOBILE APPLICATION OR THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM THE PERFORMANCE, USE, OR INABILITY TO USE THE MOBILE APPLICATION OR THE WEBSITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR US OR ANY OF OUR AFFILIATES OR SUPPLIERS IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
15.9 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APPLICATION OR THE WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBILE APPLICATION OR THE WEBSITE.
15.10 BECAUSE SOME STATES OR JUSRISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.11 IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100.
15.12 ALL CONTENT PROVIDED IN THE MOBILE APPLICATION OR THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT A DIRECT GUIDE OR RECOMMENDATION FOR ACTION. THE USER TAKES ACTIONS TO USE THE CONTENT PROVIDED IN THE MOBILE APPLICATION OR THE WEBSITE AT HIS OWN RISK. IN THE EVENT OF ACCIDENTS CAUSED BY THE USE OF THE CONTENT PROVIDED IN THE MOBILE APPLICATION OR THE WEBSITE, OR RELATED TO IT, WE DO NOT BEAR ANY RESPONSIBILITY FOR THEIR CONSEQUENCES.
16. FORCE MAJEURE
16.1 We shall not be liable to the User or be deemed to be in breach of this Contract by reason of any failure to perform any of its obligations in relation to the Service if the failure was due to any cause beyond our reasonable control (force majeure) including without limitation, acts of God, war, terrorism, civil disorder, industrial dispute, fire, explosions, statutory or government action, difficulties in obtaining raw materials, power failure, internet or communications failure.
16.2 Upon the happening of a “Force Majeure Event”, we shall be entitled to a reasonable extension of time for the performance of its obligations.
17. CONTENT
17.1 Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").
17.2 You are responsible for the Content that you post, including its legality, reliability, and appropriateness.
17.3 By posting Content through the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
17.4 You retain any and all of your rights to any Content you submit, post or display through the Service and you are responsible for protecting those rights.
17.5 You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
18. LINKS TO OTHER WEBSITES
18.1 Our Service may contain links to third-party websites or services that are not owned or controlled by us.
18.2 We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
18.3 You further acknowledge and agree that BABY PLATES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
18.4 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
19. INTELLECTUAL
PROPERTY RIGHTS
19.1 We and/or our licensors own all intellectual property rights related to the Service and the Website. In accordance with the limited license granted in accordance with clause 5.1, all ownership rights to the Service and the Website remain solely with us and/or our licensors, and we reserve all rights to them.
19.2 You are strictly prohibited from:
19.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service or the Website; and
19.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us and/or its licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to us.
20. DATA PROTECTION
20.1 We and you agree to comply with our respective obligations as set out in the BABY PLATES Privacy Policy (https://babyplates.recipes/privacy-policy/).
21. COOKIES POLICY
21.1 An HTTP cookie—commonly referred to as just “cookie” – is a parcel of text sent back and forth between a web browser and the server it accesses. Its original purpose was to provide a state management mechanism between a web browser and a web server.
21.2 Without a cookie (or a similar solution), a web server cannot distinguish between different users, or determine any relationship between sequential page visits made by the same user. For this reason, cookies are used to differentiate one user from another and to pass information from page to page during a single user’s website session.
21.3 A web server uses cookies to collect data about a given browser, along with the information requested and sent by the browser’s operator (the visitor).
21.4 Cookies do not identify people, but rather they are defined themselves by a combination of a computer, a user account, and a browser.
22. COOKIES SET BY
GOOGLE ANALYTICS
22.1 Google Analytics (a web analytics service provided by Google, Inc) sets a cookie in order to evaluate use of those services and compile a report for us.
22.2 For further information please visit Cookies & Google Analytics. (https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage). You can Opt-out of Google Analytics cookies. (https://tools.google.com/dlpage/gaoptout?hl=en)
23. VIRUSES, HACKER ATTACKS
AND OTHER OFFENCES
23.1 You will not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
23.2 By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
23.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your, or any User's use of the Website or to your, or any User downloading of any material posted on it, or on any website linked to it.
24. ADVERTISING
AND MARKETING
24.1 Subject to your prior written approval, we may in any of our marketing material refer to you as our customer and refer to the type of services that we have provided to you.
24.2 Subject to your prior written approval, we may publish and circulate a case study describing the Service supplied by us to you, including aggregate figures relating to your use of the Service and the benefits it has brought to your business (for use by us as a marketing tool).
25. CONFIDENTIALITY
25.1 Unless otherwise set out to the contrary in these Terms, each party (the Receiving Party) shall keep confidential all information and documentation disclosed by the other party (the Disclosing Party) to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any operations, products, processes, dealings, trade secrets or the business of the Disclosing Party or which is identified by the Disclosing Party as confidential (Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms and/or, insofar as us are the Receiving Party, improving performance of the Service. Other than to its employees, affiliates and sub-contractors to the extent that it is reasonably necessary for the purpose of performing its obligations under these Terms, the Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.
25.2 The obligations contained in Clauses 20.1 shall not apply to any Confidential Information which is:
25.2.1 on the date your Contract comes into effect, or at any time after that date, in the public domain other than through breach of these Terms by the Receiving Party;
25.2.2 furnished to the Receiving Party without restriction by a third party having a bona fide right to do so;
25.2.3 required to be disclosed by the Receiving Party by law or regulatory requirements of any market place/stock exchange, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.
26. CHANGES
26.1 We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time.
26.2 If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.
26.3 What constitutes a material change will be determined at our sole discretion.
26.4 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
26.5 If you do not agree to the new terms, please stop using the Service.
27. GOVERNING LAW
AND JURISDICTION
27.1 These Terms are subject to execution and interpretation in accordance with the following acts:
European Electronic Communications Code (EECC) 2002 (EU)
Privacy and Electronic Communications Regulation (EC Directive) 2003 (EU)
General Data Protection Regulation 2016 (GDPR 2016 EU)
Digital Content and Digital Services Directive 2019 (EU)
Consumer Protection Law 2021 (the Republic of Serbia)
Law on Protection of Personal Data 2018 (the Republic of Serbia)
27.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
27.3 If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
27.4 These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
27.5 No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of these Terms.
27.6 Disputes in connection with this Agreement are subject to resolution according to the The Rules of Permanent Arbitration at the Association "Russian Diaspora in Serbia" 2023.
27.7 The Permanent Arbitration at the Association "Russian Diaspora in Serbia" shall have exclusive jurisdiction over any matter, claim or dispute arising out of these Terms.
27.8 The English language text of these Terms shall be the only authentic text.
28. GENERAL CONDITIONS
28.1 If we fail at any time to insist upon strict performance of our obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
28.2 You must comply with all foreign and local laws and regulations that apply to your use of the Mobile Application or the Website in any country in which you are physically located.
28.3 Neither party will be liable for delays caused by circumstances beyond the reasonable control of such party, provided that the non-performing party makes reasonable efforts to avoid or eliminate such reasons for non-performance, and continues to fulfill obligations under this Contract with reasonable promptness whenever such reasons are eliminated.
28.4 Our waiver of any default does not constitute a waiver of any subsequent default.
28.5 No waiver by us of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
28.6 All notifications and messages should be sent using the contact details specified in clause 29 below, or using the contact details provided by you in the online registration form on the Website. A notification or message is considered to have been transmitted: (i) if delivered in person when left at the relevant party`s address; (ii) if sent by mail, two business days after it was sent; (iii) if sent by e-mail after its transmission is completed.
28.7 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
28.8 Your Contract constitutes the entire agreement between you and us regarding your use of the Mobile Application or the Website and supersedes any previous agreement, understanding or arrangement between us, whether oral or written.
28.9 You acknowledge that by accepting these Terms, you have not relied on any statements, representations, commitments or promises given or implied from anything said or written, whether on the Website, on the Internet or during negotiations between us (regardless of whether it is done innocently or by negligence), except as expressly stated in these Terms.
28.10 We may make small amendments to these Terms by giving reasonable notice on our Website. By continuing (or Users continuing) to Use the Service after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. For more significant changes, we will notify existing customers by email.
28.11 Unless it expressly states otherwise, this Contract does not give rise to any rights of Third Parties to enforce any term of this Contract. The rights of the parties to rescind or vary this Contract are not subject to the consent of any other person.
29. CONTACT INFO
29.1 Please direct any requests about these Terms to: support@babyplates.recipes