Veganish Terms of Service
Last modified: May 13, 2019
In order to provide our Services (as defined below) through our apps, services, features, or software, we need to obtain your express agreement to our Terms of Service (“Terms”). You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website.
<Plant Public Limited> provides the services described below to you (collectively, “<Veganish>,” “our,” “we,” or “us”) that provides the services described below to you (collectively, “Services”):
- Privacy And Security Principles.Since we started Veganish, we’ve built our Services with strong privacy and security principles in mind.
- Connecting You With Other People.We provide ways for you to communicate with other Veganish users including through messages, sending images and videos. Veganish works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services.
- Ways To Improve Our Services.We analyse how you make use of Veganish, in order to improve all aspects of our Services described here, including helping businesses who use Veganish measure the effectiveness and distribution of their services and messages. Veganish uses the information it has and also works with partners, service providers, and affiliated companies to do this.
- Safety And Security.We work to protect the safety and security of Veganish by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and address situations where we may be able to help support or protect our community. We develop systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Services. If we learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement. We share information with other affiliated companies when we learn of misuse or harmful conduct by someone using our Services.
- Enabling Global Access To Our Services.To operate our global Service, we need to store and distribute content and information in data centres and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
About Our Services
Registration. You must register for our Services using accurate information, provide your name and email address and you may be asked for your mobile phone number, and, if you change it, update your email address or mobile phone number using our in-app feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Age. Our Services is open to people of all ages or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via Veganish from time to time, as necessary to provide our Services to you.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Acceptable Use Of Our Services
Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Veganish, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm To Veganish Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
Keeping Your Account Secure. You are responsible for keeping your device and your Veganish account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Your Rights. Veganish does not claim ownership of the information that you submit for your Veganish account or through our Services. You must have the necessary rights to such information that you submit for your Veganish account or through our Services and the right to grant the rights and licenses in our Terms.
Veganish’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission.
Veganish’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement. To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.
We will use reasonable skill and care in providing our services to you and in keeping it a safe, secure, and error-free environment, but we do not guarantee that Veganish will always function without disruptions, delays, or imperfections. You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Veganish parties”) from any claim, complaint, cause of action, or controversy (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. Your rights with respect to Veganish are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our services, do not permit it. If you are a united states resident, you waive California civil code 1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Limitation Of Liability
Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services shall be limited to losses that are a reasonably foreseeable consequence of such breach (except in relation to death, personal injury, or fraudulent misrepresentation) and will not exceed the amount you have paid us in the past twelve months.
Your rights with respect to Veganish are not modified by the foregoing limitation if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.
If anyone brings a claim (“Third Party Claim”) against us related to your actions, information, or content on Veganish, you will, to the extent permitted by law, indemnify and hold the Veganish Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third Party Claim. Your rights with respect to Veganish are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
This Agreement shall be governed by the laws of England and Wales.
Forum Selection. Any and all disputes arising out of or related to this Agreement or performance hereof, shall be brought in the courts in England and the parties hereby agree to the jurisdiction thereof for such purposes and waive any objection thereto.
Availability And Termination Of Our Services
Availability Of Our Services. We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. Although we hope you remain a Veganish user, you can terminate your relationship with Veganish anytime for any reason by deleting your account.
We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Veganish: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision For United States Or Canada Users.” If you believe your account’s termination or suspension was in error, please contact us at hello@Veganish.com.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Veganish and our Services, and supersede any prior agreements.
- We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with Veganish at any time by deleting your account.
- We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days’ notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the “Last Modified” date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using Veganish, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using Veganish, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about Veganish and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.
Last modified: May 13, 2019
Respect for your privacy is coded into our DNA. Since we started Veganish, we’ve aspired to build our Services with a set of strong privacy principles in mind.
Please also read Veganish’s Terms of Service (“Terms”), which describes the terms under which you use our Services.
Information We Collect
Veganish must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Services, including when you install, access, or use our Services. The types of information we receive and collect depend on how you use our Services.
Information You Provide
- Your Account Information.You provide your email address, mobile phone number and basic information (including a profile name) to create a Veganish account. You may also add other information to your account, such as a profile picture and about information.
- Customer Support.You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.
Automatically Collected Information
- Usage And Log Information.We collect information about your activity on our Services, like service-related, diagnostic, and performance information. This includes information about your activity (including how you use our Services, your Services settings, how you interact with others using our Services, and the time, frequency, and duration of your activities and interactions), log files, and diagnostic, crash, website, and performance logs and reports. This also includes information about when you registered to use our Services, the features you use like our messaging, calling, Status, or groups features, profile photo, about information, whether you are online, when you last used our Services (your “last seen”), and when you last updated your about information.
- Device And Connection Information.We collect device and connection-specific information when you install, access, or use our Services. This includes information like hardware model, operating system information, app version, browser information, and connection information, and identifiers like device identifiers.
- Location Information.We collect device location information if you use our location features, like when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features. We use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
- Third-Party Service Providers.We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply location, map, and places information, help us understand how people use our Services, market our Services, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
How We Use Information
We use the information we have (subject to choices you make) to operate, provide, improve, understand, customize, support, and market our Services. Here’s how:
- Our Services.We use the information we have to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.
- Safety And Security.We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
- Communications About Our Services.We use the information we have to communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.
- No Third-Party Banner Ads.We still do not allow third-party banner ads on Veganish. We have no intention to introduce them, but if we ever do, we will update this policy.
- Measurement, Analytics, And Other Business Services.We help businesses who use Veganish measure the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
Information You And We Share
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
- Send Your Information To Those You Choose To Communicate With.You share your information as you use and communicate through our Services.
- Account Information.Your phone number, profile information, about information, last seen information, and receipts may be available to anyone who uses our Services.
- Businesses On Veganish.We help businesses who use Veganish measure the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
- Third-Party Service Providers.We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party service providers in this capacity, we require them to use your information on our behalf in accordance with our instructions and terms.
Assignment, Change Of Control, And Transfer
How The General Data Protection Regulation Applies To Our European Region Users
Our Legal Bases For Processing Information
We collect, use and share the information we have as described above:
- as necessary to fulfil our Terms;
- consistent with your consent, which you can revoke at any time;
- as necessary to comply with our legal obligations;
- occasionally to protect your vital interests, or those of others;
- as necessary in the public interest; and
- as necessary for our (or others’) legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
How You Exercise Your Rights.
Under the General Data Protection Regulation or other applicable local laws, you have the right to access, rectify, port, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. You can access tools to rectify, update, and erase your information directly in-app as described in the Managing and Deleting Your Information section. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. You can also object to our processing of your information and learn more about your options for restricting the way we use your information by emailing: hello@Veganish.co. Where we use your information for direct marketing for our own Services, you can always object and opt out of future marketing messages using the unsubscribe link in such communications.
Managing And Deleting Your Information
We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
- Deleting Your Veganish Account.You may delete your Veganish account at any time (including if you want to revoke your consent to our use of your information) emailing us at hello@Veganish.co and requesting your account to be deleted. We agree to delete your account and conform same by reply email with 48 hours of receiving your request. When you delete your Veganish account, your content and any message or comments you have created are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using this process, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
Law And Protection
We collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Veganish, or others, including to prevent death or imminent bodily harm.
Updates To Our Policy
The Data Protection Officer for Veganish can be contacted at: hello@Veganish.co.
You have the right to lodge a complaint with Veganish’s lead supervisory authority, The UK Data Protection Commissioner.
How We Process Your Information
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Terms of Service, the “Terms”). We describe the contractual services for which this data processing is necessary in Our Services section of the Terms and in the additional informational resources accessible from our Terms. The core data uses necessary to provide our contractual services are:
- To provide, improve, customize, and support our Services as described in “Our Services”;
- To promote safety and security;
- To transfer, transmit, store, or process your data outside the EEA, including to within the United States and other countries; and
- To communicate with you, for example, on Service-related issues.
The other legal bases we rely on in certain instances when processing your data are:
- For collecting and using information you allow us to receive through the device-based settings when you enable them (such as access to your GPS location, camera, or photos), so we can provide the features and services described when you enable the settings.
We will consider several factors when assessing an objection including: our users’ reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
If you are under the age of majority in your country and have a limited ability to enter an enforceable contract, we will take particular account of the fact that you are below the age of majority and adjust our assessment of our legitimate interests and the balancing of your interests and rights accordingly.
Intellectual Property Policy: Your Copyrights and Trademarks
Veganish (“Veganish,” “our,” “we,” or “us”) is committed to helping people and organisations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.
To report copyright infringement and request that Veganish remove any infringing content it is hosting (such as a Veganish user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to hello@Veganish.co (including all of the information listed below).
Before you report a claim of copyright infringement, you may want to send a message to the relevant Veganish user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Veganish.
To report trademark infringement and request that Veganish remove any infringing content it is hosting, please email a complete trademark infringement claim to hello@Veganish (including all of the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant Veganish user you believe may be infringing your trademark. You may be able to resolve the issue without contacting Veganish.
What to include in your copyright or trademark infringement claim to Veganish
Please include all of the following information when reporting a copyright or trademark infringement claim to Veganish:
- Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
- A description of the copyrighted work or trademark that you claim has been infringed.
- A description of the content hosted on our Services that you claim infringes your copyright or trademark.
- Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
- A declaration that:
- You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
- The information in your claim is accurate; and
- You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
- Your electronic signature or physical signature.
A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.
- to provide Veganish for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
- to understand which of our FAQs are most popular and to show you relevant content related to our Services;
- to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and
- to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages.
How to control cookies
You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.