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Terms of Use

1. This page provides You with the terms of use (the "Terms of Use") on which the user (" You") may make use of our Vacherin app (the App which term includes any software or documentation). Please read these Terms of Use carefully. By downloading, installing or using the App, You indicate that You accept these Terms of Use and that You agree to abide by them. Your download, installation or use of the App constitutes Your acceptance of these Terms of Use which takes effect on the date on which You download, install or use the App. If You do not agree with these Terms of Use, You should cease downloading, installing or using the App immediately.

2. We reserve the right to change these Terms of Use at any time without notice to You by posting changes on the www.vacherin.com (the "Website") or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes Your acceptance of the amended Terms of Use.

3. To download, install, access or use the App, You must be18 years of age or over. If You are under 18 and You wish to use download, install, access or use the App, You must get consent from Your parent or guardian before doing so.

4. You shall not: (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Terms of Use)

(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App (as applicable) in any form or media or by any means;

(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App;

(iii) access all or any part of the App in order to build a product or service which competes with the App; or

(iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the App available to any third party, or

(v) attempt to obtain, or assist third parties in obtaining, access to the App, other than as provided under this clause; and

(vi) You shall not permit any unauthorised access to, or use of, the App. In the event of any unauthorised access or use, You shall promptly notify Vacherin or its licensors.

5. You agree not to access without authority, interfere with, damage or disrupt: (i) any part of the App; (ii) any equipment or network on which the App is stored; (iii) any software used in the provision of the App; or (iv) any equipment or network or software owned or used by any third party.

6. You hereby grant to us or our licensors an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which You submit to us or the App for the purpose of use on the App or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that You waive Your moral rights to be identified as the author and we may modify Your submission.

7. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. Neither we nor our licensors shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by You in connection with the App, or any actions taken by us at Your direction.

8. You agree to comply at all times with any instructions for use of the App which we make from time to time.

9. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms of Use. Availability of the App, Security & Accuracy

10. We make no warranty that Your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

11. Access to the App may be suspended or withdrawn to or from You personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on You personally, You must not attempt to use the App under any other name or user or on any other mobile device.

12. We do not warrant that the App will be compatible with all hardware and software which You may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to Your mobile device), software, data or other property as a result of Your download, installation, access to or use of the App or Your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

13. We may change or update the App and anything described in it without notice to You. If the need arises, we may suspend access to the App, or close it indefinitely.

14. We make no representation or warranty, express or implied, that information and materials on the App are correct, or are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law.

Independence from Platforms

15. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").

16. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.

17. You and we acknowledge that these Terms of Use are concluded between You and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.

18. You must comply with any applicable third party terms of agreement when using the App (e.g. You must ensure that Your use of the App is not in violation of Your mobile device agreement or any wireless data service agreement).

Limitation of Liability

19.1 You assume all responsibility and risk with respect to your use of the app. The app is available "as is," and "as available". You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied.

19.2 We do not warrant use of the site will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the app.

19.3 We have no duty to update or modify the app and we are not liable for our failure to do so.

19.4 In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), other than for death or injury caused by our negligence or that of our licensors shall we or any of our employees, directors, officers, agents licensors or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the app, the use of the app or our agreement with you concerning the app.

19.5 We encourage all users with allergens to speak with our staff before ordering any food - as the application can't be 100%, 100% of the time.

19.6 You shall defend, indemnify and hold harmless us and our licensors against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with third party claims in connection with the Your use of the App.

Data Protection

20.1 Both parties shall comply at all times with all relevant laws in the United Kingdom regarding data protection and the use of any personal data. All personal data collected via the App shall remain under the ownership or control of the data controller.

20.2 You undertake that You have all necessary consents required in order that we may process all personal data in accordance with the terms of these Terms of Use; 20.3 Each party shall, where it is the data processor:

20.3.1 process Personal Data only in accordance with the instruction of the data controller and shall not transfer the same to any subcontractor without the prior written consent of the data controller;

20.3.2 ensure that only those of its personnel who need to have access to the Personal Data are granted access and then only for the purposes of the performance of this Terms of Use.

20.3.3 not modify, amend or alter the contents of the Personal Data or disclose or permit disclosure of such Personal Data to any third party unless specifically authorised in writing by the data controller, except as may be required for the performance of these terms of Use;

20.3.4 not transmit the Personal Data to any country outside the European Economic Area without the data controller's prior written consent, such consent shall only be given, but will not be guaranteed, where the data processor can show that it has in place data security measures which are no less onerous than those set out in this clause to protect the Personal Data;

20.3.5 take appropriate technical and organisational measures against unauthorised and unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, such Personal Data;

20.3.6 notify the data controller (within 10 Business Days) if it receives:

20.3.6.1 a request from a data subject to have access to their Personal Data;

20.3.6.2 a complaint or request relating to the data controller's obligations under the data protection legislation; or

20.3.7 any other communication relating to the processing of any Personal Data in relation to this Terms of Use; and

20.3.8 provide the data controller with full co-operation and assistance in relation to any complaint or request made in respect of any Personal Data.

Third Party Rights

21 These Terms of Use does not confer any rights on any person or party (other than the parties to these Terms of Use and our licensors and, where applicable, the parties' successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Governing Law

22. These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction

23 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non- contractual disputes or claims).