1.1 These Terms explain how you may use this website, https://scranplan.com (the Site) and all subdomains which is provided by us subject to these Terms.
1.2 You should read these Terms carefully before using the Site.
1.3 By accessing or using the Site, creating an account on the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.5 If you have any questions about the Site, please contact us by:
(a) e-mail: info@scranplan.com; or
(b) twitter: @scranplans
1.6 Definitions
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site, including in respect of recipes, meal plans or otherwise;
Services means the services provided by us to you, namely the provision of the Site and the functionality contained therein;
Unwanted Submission has the meaning given to it in clause 5.1;
we means Intrepid Software Solutions Ltd, company registration number 11712975 and having its registered office at 320 Firecrest Court Centre Park, Warrington, United Kingdom, WA1 1RG, and us or our shall have the same meaning.
you means the person accessing or using the Site, Services or its Content (and your shall have the same meaning).
2 Using the Site
2.1 You agree that you are solely responsible for:
(a) all costs and expenses you may incur in relation to your use of the Site; and
(b) keeping your password and other account details confidential.
2.2 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@scranplan.com.
2.4 We may prevent or suspend your access to the Site in our sole discretion, if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
[Drafting Note: to discuss any other specific limitations which should be placed on the use of the Site by Users]
3 Your privacy and personal information
3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
3.2 Our privacy policy is available at https://scranplan.com/privacy-policy.
4 Ownership, use and intellectual property rights
4.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
4.2 You hereby assign to us all of your right, title and interest in the intellectual property rights in and to any Content which you own and which you upload to the Site.
4.3 If any party to these Terms acquires by operation of law title to intellectual property rights that is inconsistent with allocation of title set out in this clause 4, then it shall assign, or procure the assignment of, such intellectual property rights as it has acquired to the other Party (or such Third Party directed by it) on request.
4.4 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
4.5 Trade marks: the trade mark “ScranPlan” (including the logo as it appears on the Site) is our trademark. Other trade marks and trade names may also be used on the Site. The use of our trade marks by you is strictly prohibited unless you have our prior written permission.
5 Submitting information to the Site
5.1 You are responsible for any Content that you upload to the Site and your use of such Content. You hereby indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of any third party claim in connection with the Content that you upload to and make available on the Site.
5.2 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.3 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6 Accuracy of information and availability of the Site
6.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
6.2 We may suspend or terminate operation of the Site without notice at any time as we see fit.
6.3 Content provided by us is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute formal dietary, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
6.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
7 Fees
7.1 Any fees which are payable by you to us (and the terms on which such fees shall be payable) in respect of your use of the Services shall be set out on the Site from time to time.
8 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
9 Our responsibility for loss or damage suffered by you
9.1 Whether you are a consumer or a business user:
(a) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
(b) To the extent permitted by applicable law, our maximum liability to you in connection with the Site is limited to the amount that you have paid us for your use of the Site in accordance with these Terms.
9.2 If you are a business user:
(a) We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, our site; or
(ii) use of or reliance on any content displayed on our site.
(c) In particular, we will not be liable for:
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation; or
(v) any indirect or consequential loss or damage.
9.3 If you are a consumer user:
(a) Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(b) If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
12 Variation
These Terms are dated 2022-12-04. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 11. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
13 Disputes
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with us please contact us as soon as possible at info@scranplan.com.
13.3 If you want to take court proceedings, the relevant courts of Scotland will have exclusive jurisdiction in relation to these Terms.
13.4 The laws of Scotland will apply to these Terms.
