Interpretation & Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Country refers to: Netherlands.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pick Up Limes B.V..
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Website (also referred to as Site) refers to Pick Up Limes' website, accessible from http://www.pickuplimes.com
- Application (also referred to as App) refers to Pick Up Limes mobile app, accessible from the Apple App store.
- Service refers to the Website and or App.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You (also referred to as "User") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- User Account a unique account created for You to access the App.
- Social Login refers to the sign-on technology provided by Apple or Google that allows a User to authenticate themselves on the App.
- User Content means any and all information and content that a user submits to the Service.
- Materials refers to works produced by Us, such as text, images, recipes, articles, and other information.
Using the Service
The use of the Service may not be permitted in some areas where it is prohibited by law. By using the Application, you confirm that you have the right, authority, and ability to agree to and follow these terms, and that you are not prohibited from using the Service. You understand that using the Application may involve transmitting a large amount of data. You are responsible for any data charges that may be assessed by your wireless carrier or Internet service provider, or that may result from your use of the Application.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Serivce; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Serivce; (c) you shall not access the Serivce in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Serivce may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Serivce shall be subject to these Terms. All copyright and other proprietary notices on the Serivce must be retained on all copies thereof; (e) you may not use the Serivce for any illegal or unauthorized purpose, and you may not, in your use of the Serivce, violate any laws in your jurisdiction (including but not limited to copyright laws); (f) you may not engage in any activity that interferes with or disrupts the Serivce or the servers and networks that host the Serivce; (g) you may not use the Service to distribute malware or other harmful code; (h) you may not use the Service to collect or harvest any personally identifiable information, including account names, from the Service. You may not use the Service to solicit personal information from other users of the Service; You agree that Company will have no obligation to provide you with any support in connection with the Service.
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the App store through which you downloaded the app e.g. Apple App Store and Google Play. The Apple App Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.
Affiliate links disclosure
Various hyperlinks on the Service direct the user to a Third Party website. We may receive compensation for this. Specifically, as an Amazon Associate, and InstaCart Tastemaker, we earn from qualifying purchases, but the compensation will never influence our content. Honesty to our users is of the utmost importance. We therefore include links to the Third-Party services only if we believe their services are valuable to our users, and if we genuinely recommend them.
Nutritional information disclosure
The Website occasionally provides nutritional information. This information is provided for purely recreational purposes and is not intended to replace any medical advice, nor is it necessarily accurate. We estimate the nutritional information based on the displayed ingredients, which we have linked to entries in the USDA database, and we occasionally modify the nutritional properties of these entries if our team of professionals deems this appropriate. The resulting nutrition information is inherently an estimate, as ingredients can always vary in shapes and sizes, and nutrient amounts also vary depending on the growing conditions of the plants, soil quality, ripeness, and other factors. We do not to provide the % of recommended daily value, since these value are very personal and dependent many different factors, including age, gender, and the amount of daily physical activity. If you need accurate nutritional information, please calculate this yourself using the actual ingredients used, or consult a dietitian or medical professional to do this for you.
Medical information disclosure
The Application is designed to provide a convenient platform for you to access nutrition information and gain confidence in making plant-based food choices. The Application is not intended to provide medical advice and should not be used to address any medical conditions. The Application and any data derived from it are not intended to replace the independent clinical judgment of a qualified healthcare professional and should not be used by healthcare professionals for active patient monitoring or treatment. By using the Application, you agree that Pick Up Limes will not be held liable for your use of the Materials in the Application.
You automatically create an account with Us when you log into the App using by Social Login, or when you use your email to login using a one-time-login link. You are responsible for safeguarding Your access to the Social Login service or the email account that You use to access the Service. When Social Login is used, the email associated with that service will be link to Your account with Us, as well as the display name related to that Social Login account. When you login using the email link, you can set a personal user name in the account settings. 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 trademark 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. You agree not to create a User Account on behalf of an individual other than Yourself unless You are authorized to bind such person to these Terms. By registering another person, You hereby represent that You are authorized to do soon.
Our Service allows You to post User Content. By posting User Content to the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You represent and warrant that you either own the content or have the right to use it and grant us the rights and license as provided in these terms, and that doing so does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You retain any rights you have to the User Content you submit and are responsible for protecting those rights. You also agree that this license allows us to make your content available to other users of the Service, who may use it in accordance with these terms.
You are exclusively responsible for the User Content you post, including ensuring that it is legal, reliable, and appropriate. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy, described below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”: You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to the Service.
We reserve the right to remove or refuse any content that we determine, in our sole discretion, is inappropriate or in violation of these terms. We may also limit or revoke your use of the Service if you post such content. We cannot control all content posted by users, so you use the Service at your own risk. You may be exposed to content that you find offensive, indecent, or otherwise objectionable, and we are not liable for any such content.
User Content Backups
While we regularly back up the content on the Service, we do not guarantee that there will be no loss or corruption of data. This can be caused by a variety of factors, including corruption of content prior to being backed up or changes to content during the backup process. We will provide support and attempt to troubleshoot any issues that may affect the integrity of the backups, but we cannot be held liable for the loss or corruption of content or the failure to restore it to a usable state. To protect your content, you agree to maintain your own complete and accurate copy of it in a location independent of the Service.
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws in the country and abroad. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Note that these Terms and access to the Service do not give you any rights, title or interest in or to any intellectual property rights.
Changes to the Application
The Application is subject to change and we may require you to update the App in order to continue using it. If you choose not to install updates or opt out of automatic updates, you may not be able to use the Application.
Termination of Service
We may terminate or suspend Your access and or User Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
By providing feedback to the Company, you assign us all rights, titles, and interests in that feedback. If for any reason this assignment is not effective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
Third Party Resources
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
"As Is" & "As Available"
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
You can contact us for general inquiries at [email protected]. Due to the number of emails we receive, we cannot offer personalized nutrition or lifestyle responses via email. Apologies in advance if the personal questions you ask go unanswered. For collaboration and partner propositions you can contact us at [email protected].
These Terms were last edited on the 19th of December 2022.
With love and gratitude, always,
Pick Up Limes