1 Acceptance of Terms and Conditions
Your access to and use of Acaia’s website (“Website”) and mobile application (“Application”) is subject exclusively to these Terms and Conditions. You will not use the Website or Application for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website and Application you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Application or visiting the Website.
2 Advice
The contents of the Acaia website do not constitute advice and should not be relied upon in making or refraining from making any decision. While Acaia makes reasonable efforts to ensure that such recommendations are tailored to the user’s lifestyle choices and tastes, Acaia cannot and does not represent or warrant that a user will find recommendations to be suitable to his/her tastes, and that such recommendations are safe and appropriate.
3 Change of Use
Acaia reserves the right to:
3.1 change or remove (temporarily or permanently) the Website, Application or any part of it without notice and you confirm that Acaia shall not be liable to you for any such change or removal and.
3.2 change these Terms and Conditions at any time, and your continued use of the Website and Application following any changes shall be deemed to be your acceptance of such change.
4 Links to Third Party Services
The Acaia website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 Copyright
5.1 All copyright, trademarks and all other intellectual property rights in the Website, Application and its content (including without limitation the Website, application design, text, graphics and all software and source codes connected with the Application) are owned by or licensed to Acaia or otherwise used by Acaia as permitted by law.
5.2 In accessing the Website and Application you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website and/or Application for personal, non-commercial home use only.
6 Disclaimers and Limitation of Liability
6.1 The Website and Application are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Acaia will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website and/or Application.
6.3 Acaia makes no warranty that the functionality of the Website and Application will be uninterrupted or error free, that defects will be corrected or that the Website and Application or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Acaia for death or personal injury as a result of the negligence of Acaia or that of its employees or agents.
7 Indemnity
You agree to indemnify and hold Acaia and its employees, officers, directors, shareholders, affiliates and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Acaia arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website and/or Application.
8 Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 No Warranties
Disclaimer: Your use of any aspect of the services provided through our Website and Application is at your own risk and discretion. Acaia cannot and does not accept any liability in respect of any purchases or activities that you may undertake through using the services, including by participating in competitions. You are solely responsible for any choices that you make regarding food, food services, your health, competitions and exercise. We make no representations or warranties whatsoever in respect of the services. Information regarding food, dishes, recipes, nutritional information, competitions, prices and images may be provided by third parties. We cannot and do not accept any liability whatsoever in respect of any content which is provided by third parties. Online grocery retailers, roasters and other entities on these services are independent contractors and not employees or agents of Acaia. We disclaim all liability, regardless of the form of action, for the acts or omissions, of such entities, online or offline, or for any personal injuries, death, property damage, or other damages including consequential damages or expenses resulting therefrom. Acaia has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond its direct control and it has no responsibility for any additional expense, omissions or acts of any government or authority. To the maximum extent permitted by applicable law, everything available on or through the site and services is provided to you “as-is” and “as-available” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the services. Acaia does not warrant that any description provided through the services regarding food, dishes, recipes and/or nutritional information is accurate, complete, reliable, current, healthful, safe or error- free.
No advice or information, whether oral or written, obtained by you from Acaia, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
User Conduct
You agree that you will not use the Website and/or Application in any way that violates applicable federal, state, local or international law, or for any unlawful purpose. Acaia reserves the right to terminate your access to and use of the Website and/or Application if, in its sole discretion, your conduct violates any of the following prohibited acts:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Application or Acaia’s computer systems and network.
2. You may not misrepresent your identity or impersonate any person.
3. You may not attempt to gain access to any account, computers or networks related to the Application without authorisation.
4. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Acaia in connection with the Application.
You agree that you will use this Website and Application safely and responsibly and that you will not upload information, pictures or other content that is unsafe or illegal or engage in such behaviour. Acaia will bear no liability for any loss, damage, injury, harm or death resulting from dangerous, illegal or irresponsible activity.
Email and Newsletters
If you have signed up for Acaia.co newsletters you will begin to receive email updates from us. You will have the choice to stop receiving such emails. Acaia respects your privacy and will not share your personal information with any third party advertisers without your consent. For more information please read our privacy policy. You can opt out of receiving emails by visiting the link provided with every email received.
Privacy
Acaia has established a Privacy Statement to explain to users how their information is collected and used.
You may view the Privacy Statement at Privacy . Your use of the Application and visiting of our Website signifies your acceptance of the Privacy Statement. For any further information please email: hello@acaia.co
This document was last updated on January 3, 2020