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: help@Shahiya.us
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: help@Shahiya.us
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 help@Shahiya.com
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 help@Shahiya.com 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: Shahiya-legal@Shahiya.com.
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.
Thank you for using Shahiya Service.
Name of consumer(s):
Username:
Address of consumer(s):
Date:
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