Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms of use (“Terms of Use”) (together with the documents they refer to) tell you the terms on which you may make use of Shahiya’s official website (”Site”) or mobile application (”App”). Use of Site or App includes accessing, browsing, or registering to use Site or App.

This Site and App are operated by Shahiya International Ltd. and its affiliates (being entities controlling, controlled by or under common control with Shahiya International Ltd.) When we use the terms "we", "us" "our" or “Shahiya”, we refer to Shahiya International Ltd. and its affiliates.

By using our Site or App, you confirm that you accept and agree to comply with these Terms of Use set out below. If you do not agree to these Terms of Use, you must not use our Site or App.

1. APPLICABLE NOTICES

The following additional notices (“Applicable Notices”) also apply to your use of our Site or App:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Cookie Policy, which sets out information about the cookies on our Site or App.

2. INFORMATION ABOUT US

Shahiya International Ltd. is registered in England and Wales as a limited company under company number 9798653 and has its registered office at C/O Shelley Stock Hutter LLP, 1st Floor,7-10 Chandos Street, London,United Kingdom W1G 9DQ.

If you have any question or complaint about our Site or App, or in any respect about Shahiya, please contact us at: [email protected]

3. INFORMATION ABOUT OUR SITE AND APP

Our Site and App provide you with an ability to share recipes with other users of our Site and App, and browse other users’ recipes (the “Shahiya Service”). Except for optional Premium Services that we offer (see Section 7), the Shahiya Service is made available free of charge.

Our Site is designed to work on modern web browsers such as Internet Explorer, Safari, Google Chrome and Firefox, on major operating systems, and our App is published on the iOS and Android platforms. Features and compatibility may vary between web browsers, operating systems and platforms. Our Site and App may not be compatible with other computer hardware or operating systems.

We may use third party service providers in the provision of the Shahiya Service or in fulfilling our obligations under these Terms of Use from time to time.

We do not warrant that our Site or App, any content on them, or services as may be provided by such third party service providers, will be free from errors or omissions.

4. IMPORTANT INFORMATION REGARDING RECIPES

All recipes on our Site or App are provided for general information only and published by other users, like you, and not by Shahiya. Shahiya does not screen or check recipes before they are posted, so there may be some inappropriate, incorrect or unsafe recipes, ingredients or cooking methods. The recipes, comments and other information provided on our Site or App are not intended to amount to advice on which you should rely, and any use of or reliance on any recipe of other content provided on our Site or App is at your own risk.

Shahiya makes no representations, warranties or other commitments, whether express or implied, about the accuracy, quality, safety or fitness for purpose of recipes published on the Shahiya Service.

Therefore:

• you should verify any unusual or novel ingredients or methods in a recipe by referring to other sources;
• you should comply at all times with any food safety notices or bulletins issued by your local government authority and you should not expect the Shahiya Service to note or explain risks contained in food preparation, method or techniques of cooking or consumption of certain food; and
• if you are not an experienced cook, we advise that you take instruction from an experienced cook, or other appropriate authority, when using recipes from the Shahiya Service, particularly in respect of health and safety.

If you have any comments or concerns about any recipes or other content on the Shahiya Service or, if you believe that your copyrighted work has been infringed or are aware of other infringing, illegal or inappropriate material, please contact us at: [email protected]

10. CONTENTS OWNER AND RIGHTS YOU LICENSE

We do not claim ownership of any recipes, photographs, graphics, comments, information, data, text or other materials you upload or post on our Site or App ("Contents").

However, when you upload Contents including your recipe to our Site or App, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute (including without limitation by sub-licensing to third parties) such Contents or derivatives of them in any and all media or distribution methods (now known or later developed) for any and all business activities of us. Without limiting the foregoing, you agree that:

     i.        this license includes the right for us to provide promote and commercially exploit such Contents uploaded to our Site or App in any means, manner or form to or with other users or persons who partner with us for the distribution or publication of such Contents on other media and services;

    ii.        such additional uses by us, other users of our Site or App and other persons who partner with us for the distribution or publication of your Contents may be done with no compensation paid to you with respect to Contents that you upload to our Site or App;

   iii.        you authorise us to report copyright infringement on your behalf to the designated agent, site owner, hosting provider or any other appropriate contact when we find your Contents are infringed; and

  iv.        you irrevocably waive all moral rights (and all similar rights in other jurisdictions) which you have or will have now or in the future in respect of your Contents.

11. INTELLECTUAL PROPERTY RIGHTS

Except for your own uploaded Contents including your recipes, all intellectual property rights in the Shahiya Service and all materials on our Site or App, including without limitation, design, graphics, text, pictures, software, other files and the selection and arrangement thereof (collectively, “Materials”) are owned by us and/or our licensors.

We give you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Shahiya Service for your personal, non-commercial use in accordance with these Terms of Use. All other rights are expressly reserved.

Therefore:

• You must not use any part of the Materials on our Site or App for commercial purposes without obtaining an explicit consent to do so from us and/or (if applicable) our licensors.
• You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• You must not use Materials outside our Site or App, especially by deleting any identified contributors’ status as the authors of Materials on our Site or App.

12. CODE OF CONDUCT

You agree, undertake and represent that you shall not:

     i.        infringe intellectual property rights of third parties, including without limitation, intellectual property rights such as copyright and trademark, of us, other users or third parties;

    ii.        infringe the property rights, privacy rights and image rights of us, other users or third parties;

   iii.        disclose information, such as the name, mailing address, telephone number and email address of a specific individual without authorisation, and by which any third party is able to identify the said individual;

  iv.        register multiple email addresses to obtain multiple accounts, while being a single user;

    v.        obtain an account on behalf of a Registered User whose account has been suspended or terminated;

  vi.        discriminate against, defame or damage the reputation and credibility of other users or third parties;

 vii.        alter and/or erase Materials made available through the Shahiya Service;

viii.        impersonate us, other users or third parties (including doctoring email headers for the purpose of falsifying the source of email headers and the identity of the sender);

  ix.        transmit computer programmes or viruses that are harmful or cause other users or third parties to receive such programmes or viruses;

    x.        accessing without authorisation, or conducting port scans, denial of service attacks, or spamming the facilities of other users or third parties or the facilities used by the Shahiya Service (including, without limitation, telecommunication facilities, computers and other equipment, as well as software that is used in the provision of the Shahiya Service by us) and/or causing or attempting to cause interference with the use or operation of such facilities;

  xi.        transmit, without authorisation, email that are advertisement or promotion or solicitation or that are of a repulsive nature (including spam); obstruct the receipt of email by other users or third parties; request the transmission of chain emails and/or transmission of chain emails in accordance with such requests;

 xii.        circulate information, equipment and software that are used for the purpose of disabling or circumventing the access control function of servers and other facilities;

xiii.        reproduce, modify, disassemble, reverse engineer or analyse the samples or software contained in the Materials (except to the extent permitted by law, and you agree to give notice to us in such circumstance);

xiv.        obtain account information without authorisation or through fraud (including, without limitation, by phishing or similar methods);

 xv.        use the Shahiya Service for commercial activities, for profit and in anticipation of profit, unless prior written approval has been obtained from us;

xvi.        use the Shahiya Service for election campaign or other political activities;

xvii.        use the Shahiya Service in contravention of applicable laws and regulations;

xviii.        hinder the operation of the Shahiya Service or hinder the exchange or sharing of Contents contributed by other users or third parties; or cause damages or losses to us, other users or third parties by damaging their credibility or infringing their intellectual property rights;

xix.        cause significant hindrance to the operations of our business through repetitive, frivolous or vexatious enquiries or emails, which are beyond our obligations and/or are unreasonable;

 xx.        breach the Terms of Use; or impede public order and morality (including, without limitation, by transmitting or displaying Contents that may promote and induce violence, illegal images or suicide);

xxi.        establish a link to our Site or App in order to encourage any of the actions, including those by third parties, described hereinabove;

xxii.        contravene such other requirements that we may impose from time to time at its sole and absolute discretion;

xxiii.        use the Shahiya Service in a manner that Shahiya deems unsuitable or inappropriate. Shahiya will refer to factors such as the typical use of Shahiya Service by the majority of its users, and general industry practice, when determining whether such use is unsuitable or inappropriate.

13. AUTOMATED IMAGE SCANNING

As an optional feature, Shahiya may offer automated image classification that assists you in uploading food-related images. If you choose to use this optional feature, the images available on your device will be sent to our servers and automatically scanned using automated image recognition software that attempts to identify which of your images are food-related. The images tentatively identified as food-related will be presented to you on your private page at our App, which you only have access to. You can manually remove unwanted images presented on the private page. Any images that are not identified as food-related, or that you removed manually, will be deleted from Shahiya’s servers.

14. RESPONSIBILITY FOR CONTENTS

You are solely responsible for the Contents that you post, upload, and/or publish using the Shahiya Service. We do not review or screen any of your Contents before those Contents appear or are shared.

You represent and warrant that:

• any Contents you post or publish comply with these Terms of Use;
• you have the right to use, upload, post or publish Contents to our App or Site and grant the licences to us as set out in Section 10;
• the use by Shahiya of the Contents you uploaded, posted or published will not violate the rights of any third parties.

You agree and acknowledge that:

• we will not be responsible, or liable to any third party, for the Contents or accuracy of any Contents posted by you or any other user of our Site or App, to the extent permitted by applicable laws.
• we have the right to remove any posting you make on our Site or App at our sole discretion, including without limitation; if, in our opinion, your post does not comply with these Terms of Use or if we believe that it is necessary to protect ourselves, other users or any third party;
• you are solely responsible for securing and backing up your Contents.

15. CHANGES TO THESE TERMS

We may revise these Terms of Use including Applicable Notices (“Changes”) at any time by amending this page in case:

• of any changes in applicable laws and regulations;
• of any changes in the specification or operation of the Shahiya Service;
• of any changes to Shahiya group policy or internal regulations;
• of any changes to the service specification or policy of external third party services used by Shahiya or connected to the Shahiya Service;
• of any changes to the business environment in which Shahiya operates;
• it is necessary to respond to actual or potential threats to our business (such as cyber-security threats), or unwelcome or dangerous practices or behaviours in our community;
• it is necessary to clarify or make a correction of any part of these Terms of Use including Applicable Notices; or
• of other, unanticipated, situations that may require us to revise these Terms of Use including Applicable Notices;

Other than the above cases, we reserve the right, at our sole discretion, to revise or amend these Terms of Use including Applicable Notices, where we believe reasonably necessary. Please check this page from time to time to take notice of any such Changes that we make, as they are binding on you, unless you terminate your account. We may notify you of material Changes, including by a posting when you visit our Site or App or by email to the email address registered upon your account registration.

If you continue to use Shahiya Service after a Change is made, you are agreeing to the Changes. If you do not accept a Change: (i) if you are a Guest or Registered User as described in Section 5, please stop using Shahiya Service or (ii) if you are a user of Premium Service as described in Section 7, you must terminate your subscription within thirty (30) days after we notify you of the Change (or you become aware of it, if earlier).

If you cease to use the Shahiya Service or terminate the Premium Service (as applicable) in accordance with the previous paragraph, the relevant Changes will not be binding on you. Please note that, even if the Changes are not binding on you, if you fail to terminate your subscription by your next renewal date, you will be charged a subscription fee for the following month’s service.

16. CHANGES TO OUR SITE OR APP AND SHAHIYA SERVICE

We may update our Site or App from time to time, and may change the Materials at any time. Further, we reserve the right to change and improve the features and functionality of the Shahiya Service at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Shahiya Service. If we intend to remove any material functionality of the Premium Service to which you subscribe, we will do our best to give you reasonable advance notice. Please note that any of the Material on our Site or App may be out of date at any given time, and we are under no obligation to update it.

17. TEMPORARY OR PERMANENT SUSPENSION OF SHAHIYA SERVICE

We do not warrant that Shahiya Service, or any Materials on the Site and App will always be available or be uninterrupted. We may suspend, withdraw, or discontinue all or any part of Shahiya Service without notice. We will not be liable to you if for any reason our Shahiya Service is unavailable at any time or for any period.

We may also suspend or cancel your access to or right to use the Shahiya Service where we are withdrawing them, in which case we will do our best to give you reasonable advance notice.

18. RESTRICTION, SUSPENSION OR CANCELLATION OF USE

We may restrict, suspend or cancel your access to or right to use the Shahiya Service without prior notice where we believe that;

• you have breached these Terms of Use;
• you have given us false information;
• you are using Shahiya Service illegally or in breach of any third party’s rights;
• you have not paid the Subscription Fees for Premium Service;
• it is necessary to protect ourselves, other users or any third party;
• it is likely that claims or proceedings may be brought against us by third parties due to circumstances that are connected to your use of Shahiya Service;
• it is not possible to establish contact with you through telephone, fax and/or email;
• it is an emergency; and/or
• it is necessary for operating Shahiya Service.

Restriction, suspension or cancellation of the Shahiya Service could result in a permanent loss of access to and use of certain aspects of the services, including your own uploaded Contents, even if you later re-register or re-subscribe to the Shahiya Service.

19. LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable laws.

Limited Liability to Premium Service Registered Users: We will only be liable to Registered User of the Premium Service provided through our Site or App for any direct loss or damage arising (whether in contract, tort including negligence, breach of statutory duty, or otherwise) under or in connection with their use of the Premium Service through our Site or App to the extent that such loss or damage is a direct result of Shahiya’s breach of its obligations under these Terms of Use, up to a maximum aggregate limit of the Subscription Fees paid by that Registered User to us in respect of the Premium Service.

Except as set out in the previous paragraph marked "Limited Liability to Premium Services Registered Users": We will not be liable to any user of our Site or App, or any third party whatsoever, for any direct or indirect loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Shahiya Service. In particular, and without limiting the foregoing paragraph of this Section, we will not be liable for any loss or damage attributable to loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage arising under or in connection with:

     i.        any errors or omissions in any recipe or other Materials;

    ii.        use of or reliance on any Materials displayed on our Site or App;

   iii.        any unauthorised access to or use of our secure servers or any and all non-secured personal information;

  iv.        any interruption or the cessation of transmission to or from our Site or App;

    v.        a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes , data or other proprietary material due to your use of our Site or App or to your downloading of any Materials on it, or on any website linked to it;

  vi.        the content of websites linked on our Site or App; or

 vii.        third party demands, assertions, claims, suits, actions or other proceedings brought against you from other users, alleging that your Contents infringes any third party’s intellectual property rights, or misappropriates a third party’s confidential information;

20. INTERNET CONNECTIVITY

In order to use our Site and our App, your device will need a connection to the internet. You are solely responsible for obtaining, at your own expense, any hardware, software, and third-party services (such as a wireless service plan purchased through a telecommunications service provider) necessary to connect your device(s) to the internet, including any data transfer fees that may be imposed by your chosen service provider and which, if you choose to upload large amounts of data such as image files, may be substantial.

21. THIRD PARTY LINKS AND RESOURCES IN OUR SITE OR APP

Where our Site or App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

22. THIRD PARTY RIGHTS

The parties intend that no person who is not party to these terms shall have any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms of Use. No consent of any third party is required to vary these terms.

23. APPLICABLE LAW

You will resolve any claim, cause of action or dispute ("Claims") you have with us arising out of or relating to this Terms of Use exclusively in the courts of England and Wales, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Claims. The English law will govern this Terms of Use, as well as any Claims that might arise between you and us, without regard to conflict of law provisions.

24. TRADEMARKS

“Shahiya” and the Shahiya logo are registered trademarks of Shahiya Inc. in Japan, the UK and certain other jurisdictions.

25. CONTACT US

To contact us, please email [email protected]

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If you are residing in a country that is part of the European Union:

If you have started the Premium Service, you have the right to change your mind and receive a full refund within fourteen (14) days of first subscribing, by sending an email to us at [email protected] with the following:

I hereby give notice that I cancel my contract of subscription of the Premium Services ordered on [ ](date)
Name of consumer(s):
Username:
Address of consumer(s):
Date:

If you are residing in US:

Shahiya complies with the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe that any material on our Site infringes your copyrights, please notify our designated agent at the following address: [email protected]

Your notification to our agent must include a description of your work that you believe has been infringed; the location on our Site where we can find the infringing material; your contact information including your name, address, telephone number, and email address; and a statement by you, signed under penalty of perjury, that you are the copyright owner and that you believe the reported use of the material is unauthorized.

About these Terms of Use

In the event that any other provisions of this Terms of Use is found by a court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity shall not render this Terms of Use unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such enforceable or invalid provision within the limits of applicable law or court decisions. Therefore, if you reside in a country which does not apply English law to some type of dispute, then your country’s laws will apply to such disputes related to this Terms of Use and if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in England and Wales, then your local jurisdiction and venue will apply to such disputes related to this Terms of Use.

If this Terms of Use is translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof.

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Thank you for using Shahiya Service.