General terms and conditions
By accepting these Terms and Conditions, you expressly agree to be bound by and
to abide by this Agreement. If you do not agree to the terms of this agreement, you
may not access or use the Services, and you must immediately discontinue any use
of the Services.
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These terms and conditions are set by the besloten vennootschap Make it Mine
to make the services available to Users.
1. Definitions
1.1. App: the (web) application of Make it Mine, which is accessible via
the Apple App Store and Google Play Store.
1.2. User: the natural person who uses or wishes to use the services of Make it
Mine by agreeing to these terms and conditions.
1.3. Make it Mine: the publisher of these General Terms and Conditions, which
makes its services available to Users.
1.4. Agreement: the agreement between Make it Mine and the User which, upon
acceptance of these Terms and Conditions, is concluded remotely to allow access to
the Services.
1.5. Services: Free services of Make it Mine made available, exclusively in
accordance with these Terms and Conditions, in the App, such as accessing Content
via Devices, relating, inter alia, to the personalisation of recipes via the Food Profile.
1.6. Dietary Profile: Dietary Profile containing information on which foods the User
does not wish to have in personalised Content, generated from information
provided voluntarily by the User.
1.7. Device: electronic devices such as a smartphone, laptop or tablet on which
the User can access the Services.
1.8. Content: all digital information made available to the User on the App, such
as text and images.
2. Use of the Services
2.1. The content of the Content and the Services, including but not limited to text,
video, photographs, illustrations, charts and other visual materials, is for
convenience purposes only and does not constitute professional medical or
nutritional advice, diagnosis, treatment or recommendations of any kind by Make it
Mine. You should always seek advice from your qualified health care providers if you
have any questions or concerns about your individual needs and any medical
conditions.
2.2. The Services may change from time to time without prior notice to you and
we may (permanently or temporarily) stop offering the Services (or features within
the Services) to you or to users generally, without being able to give you prior
notice.
2.3. Subject to your compliance with these Terms, Make it Mine grants you a non-
exclusive and non-transferable single user license to download and install one (1)
copy of the Application on your mobile device, tablet and/or computer, and to
access and use the Services, solely for your own personal use. You may not: (i) copy,
modify or distribute any Application for any purpose; (ii) transfer, sublicense, lease,
loan, rent or otherwise distribute the Services to any third party; (iii) decompile,
reverse engineer, disassemble or create derivative works from the Services; (iv) make
the functionality of the Services available to multiple users in any way; or (v) use the
Services in an unlawful manner, for an unlawful purpose, or in a manner inconsistent
with these Terms.
2.4. To access, use or receive certain Services, you may register and create an
account and become a User by registering through our App. By creating an account,
you represent that you are of legal age, at least eighteen (18) years, to form a
binding contract and that you are not a person prohibited from receiving Services
under the laws of Belgium or any other applicable jurisdiction. When you create an
account, you must set up a user name and password. We reserve the right to
suspend or terminate your account if you breach these Terms.
2.5. As part of providing the Services, we may need to provide you with certain
communications, such as service announcements and administrative messages.
These communications are considered part of the Services and your Account, for
which you may not be able to opt out.
2.6. If Make it Mine offers features such as personalising a recipe by suggesting
alternative ingredients, these are intended to serve you, but you are responsible for
the results. It is also possible that certain ingredients are not recognised in the
original recipe. So always check all ingredients of products you use before relying on
them. Cooking results may vary depending on which ingredients you use and on
your own cooking skills. As with any recipe, you may need to adjust your cooking
method or cooking times. Always check that your food is cooked before consuming
it. Consuming undercooked meat, poultry, seafood or eggs may cause illness.
2.7. All features of the Services may be changed or removed at any time without
notice.
3. Termination of the Agreement
3.1. You may terminate your account at any time by sending us a notice of
termination. If you violate any of these Terms, Make it Mine has the right to
suspend, disable or terminate your access to or use of the Services, at its sole
discretion and without prior notice to you. Make it Mine will not be liable to you or
any third party for termination of your access or use of the Services. A suspension or
termination will not affect your obligations to Make it Mine under these Terms
(including, without limitation, ownership, confidentiality, indemnity and limitation of
liability), which by their meaning and context are intended to survive such
suspension or termination.
4. Processing of personal data
4.1. The information provided by the Consumer is necessary for the functionality
of the Services. The Consumer's personal data is only processed in accordance with
the applicable privacy policy, which can be consulted on the login page of the App.
5. Disclaimer of Warranties
5.1. You understand and agree that the Services and Content are made available
to you as is. Without limiting the foregoing, MAKE IT MINE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY NATURE, EXPLICIT, IMPLICIT or LEGAL, REGARDING
THE SERVICES AND APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING
FROM THE COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services
is at your own discretion and risk. Make it Mine is not responsible for any damage to
your computer, mobile device or tablet computer, device, loss of data or other harm
resulting from your use of the Services. Make it Mine makes no guarantee that the
Services will meet your requirements or will be available uninterrupted, secure or
error-free.
5.2. Make it Mine makes no representation or warranty as to the accuracy,
timeliness, truthfulness, completeness or reliability of any Content provided through
the Services or any information, goods or services promoted or displayed through
the Services.
5.3. You, and not Make it Mine, are solely responsible for properly and safely
washing, preparing, storing and cooking the recipes. We are not medical
professionals and we do not represent or guarantee that the Services are suitable to
cure or treat any medical condition. Before starting any diet, you should consult a
doctor or a dietician.
6. Limitation of Liability
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKE IT
MINE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR
BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS, OR ANY OTHER INTANGIBLE LOSSES,
RESULTING FROM (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS
OR USE, THE SERVICES; (II) ANY CONDUCT OR CONTENT OF THIRD PARTIES ON
THE SERVICES, INCLUDING BUT NOT LIMITED TO DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (III) ANY CONTENT
OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS
OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS
WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE
OF THE SERVICES AND (V) ANY UNAUTHORISED ACCESS, USE OR ALTERATION
OF YOUR TRANSMISSIONS OR CONTENT, WHETHER OR NOT BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
LEGAL THEORY, WHETHER OR NOT MAKE IT MINE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6.2. You agree to defend, indemnify and hold harmless Make it Mine, its officers,
owners, employees and agents from and against all claims, liabilities, damages,
losses and expenses, including, without limitation, reasonable legal and accounting
fees, arising out of or in any way related to your access to or use of the Services or
your breach of these Terms.
7. Ownership
7.1. The Services are protected by copyright, trademark and other laws of
Belgium and other countries. Except as expressly provided in these Terms, Make it
Mine is the exclusive owner of all right, title and interest in and to the Services,
including all associated intellectual property rights. You shall not remove, alter or
render illegible any copyright, trademark, service mark or other proprietary rights
notices contained in or accompanying the Services. You acknowledge and agree
that any feedback, comments or suggestions you provide regarding Make it Mine or
the Services are the sole and exclusive property of Make it Mine, and you hereby
irrevocably assign to Make it Mine all of your rights, title and interest in and to all
feedback.
8. Applicable law
8.1. All agreements between the consumer and the company shall be exclusively
governed by Belgian law. All disputes relating to or arising from offers made by the
Company or agreements entered into with the Company shall be submitted to the
Corporate Court of Antwerp, unless a mandatory legal provision expressly
designates another court as the competent court.
In the event that any provision of these Terms is found to be invalid or
unenforceable, the remaining provisions of these Terms shall remain in full force and
effect. These Terms and are the complete and exclusive agreement between Make
it Mine and you in relation to the Services, and these Terms supersede all previous
agreements between Make it Mine and you in relation to the Services. We may
revise these Terms from time to time and you must accept these revised Terms if
you wish to continue to access or use the Services.