Eat or Avoid

Terms & Conditions

Last updated: August 17, 2024

Agreement to Our Legal Terms

We are Eat or Avoid ("Company," "we," "us," "our"), a company registered in South Africa.

We operate the website https://eatoravoid.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us from our Contact Page.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Eat or Avoid, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. The Services are intended for users who are at least 18 years old; persons under the age of 18 are not permitted to use or register for the Services.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if applicable.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and provided "AS IS" for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use. Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any other use of the Services, Content, or Marks, please contact us. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission, and that we may use and disseminate it for any lawful purpose without acknowledgment or compensation to you.

By sending us Submissions, you confirm that:

  • you have read and agree with the “Prohibited Activities” section and will not submit anything illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, or misleading;
  • to the extent permissible by law, you waive any moral rights to the Submission;
  • you warrant the Submission is original to you or that you have the necessary rights and licenses to submit it; and
  • you warrant your Submission does not constitute confidential information.

You are solely responsible for your Submissions and agree to reimburse us for any losses we may suffer because of your breach of this section, a third party's intellectual property rights, or applicable law.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services.
  • Engage in any automated use of the system, such as scripts, data mining, robots, or similar data gathering tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person.
  • Interfere with, disrupt, or create an undue burden on the Services or connected networks.
  • Harass, annoy, intimidate, or threaten any of our employees or agents.
  • Attempt to bypass any measures designed to prevent or restrict access to the Services.
  • Copy or adapt the Services' software.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising the Services.
  • Use, launch, develop, or distribute any automated system, including any spider, robot, scraper, or offline reader, except as may result from standard search engine or browser usage.
  • Make unauthorized use of the Services, including collecting usernames and/or emails of users for sending unsolicited email.
  • Use the Services as part of any effort to compete with us, or for any revenue-generating endeavor.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

5. User Generated Contributions

The Services do not offer users the ability to submit or post content. We may, from time to time, provide you with the opportunity to create, submit, post, or otherwise make available content and materials ("Contributions"). When you do, you represent and warrant that your Contributions:

  • do not and will not infringe the proprietary rights of any third party;
  • are original to you, or you have the necessary licenses and rights to use and authorize us to use them;
  • are not false, inaccurate, or misleading;
  • are not unsolicited or unauthorized advertising, spam, or chain letters;
  • are not obscene, lewd, violent, harassing, or otherwise objectionable;
  • do not violate any applicable law, regulation, or third party's rights.

6. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. By submitting suggestions or feedback, you agree that we can use and share it for any purpose without compensation to you. We do not assert ownership over your Contributions — you retain full ownership and are solely responsible for them.

7. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") and third-party content. Such Third-Party Websites and content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for them. If you decide to leave the Services to access a Third-Party Website, you do so at your own risk.

8. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services. We simply provide the space to place such advertisements and have no other relationship with advertisers.

9. Services Management

We reserve the right, but not the obligation, to: monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who violates the law or these Legal Terms; refuse, restrict, or disable access to any Contributions; remove from the Services any content that is excessive in size or burdensome to our systems; and otherwise manage the Services to protect our rights and property.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States; by continuing to use the Services from another region, you consent to have your data transferred to and processed in the United States.

11. Term and Termination

These Legal Terms remain in full force while you use the Services. We reserve the right to deny access to and use of the Services, without notice or liability, to any person for any reason, including breach of any representation, warranty, or covenant in these Legal Terms. If we terminate your account, you are prohibited from registering a new account under your name, a fake name, or a third party's name.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and we have no obligation to update any information. We cannot guarantee the Services will be available at all times and may experience interruptions, delays, or errors.

13. Governing Law

These Legal Terms are governed by and defined following the laws of South Africa. Eat or Avoid and you irrevocably consent that the courts of South Africa have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

14. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), according to its Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Pretoria, South Africa. The language of the proceedings shall be English, and the governing law shall be the substantive law of South Africa.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: no arbitration shall be joined with any other proceeding; there is no right to arbitrate any dispute on a class-action basis or utilize class action procedures; and there is no right to bring any dispute in a purported representative capacity on behalf of the general public or other persons.

Exceptions to Informal Negotiations and Arbitration

The parties agree that disputes seeking to enforce or protect intellectual property rights, disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use, and any claim for injunctive relief are not subject to the above provisions concerning informal negotiations and binding arbitration.

15. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information on the Services at any time, without prior notice.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WILL ASSUME NO LIABILITY FOR ANY ERRORS, INACCURACIES, PERSONAL INJURY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES.

17. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Services, breach of these Legal Terms, or violation of the rights of a third party.

19. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing its performance, as well as data relating to your use of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

20. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

21. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

22. Miscellaneous

These Legal Terms and any policies or operating rules posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. We may assign any of our rights and obligations to others at any time. If any provision is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

23. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us.

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