Sorted App End User License

BY LOGGING INTO ANY OF OUR MOBILE APPLICATIONS YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

Under this Licence, Sorted Ventures Limited (“Sorted”, “we”, “us” or “our”) licences you to use:

(1) Sorted mobile application software (“App”) and any updates or supplements to it.

(2) the service you connect to via the App and the content that is provided through Sorted’s Membership Terms, as further explained below (“Service”)

as permitted in this Licence.

1. Other terms which apply to the Service

This Licence refers to the following applicable terms, which also apply to the use of the Service:

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. By using the App, you consent to such processing and you warrant that all data provided by you is accurate.

The Sorted Membership Terms which set out the terms of the different Membership facilities that the Service offers, including the Sorted Club: Eat App, the Sorted Club: Books App and the Sorted Club: Packs

2. Information about Sorted

The Service is owned or controlled by Sorted, a limited company registered in England and Wales under company number 06346718 and has its registered office at Stag House, Old London Road, Hertford SG13 7LA, United Kingdom.

3. Appstore and Google Play’s terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of Google Play (Android) or Appstore (Apple) (as appropriate) and the relevant rules and policies will apply instead of these terms where there are differences between the two.

4. Operating system requirements

This App requires an Android compatible phone (excluding tablets) running Android 5+ or an Apple iPhone (excluding iPads and iPods) running iOS 10+

Access to the Service is provided via your mobile network or an internet connection. We are not responsible if the Service is interrupted or unavailable to you at any time due to an interruption to your mobile network service or internet connection.

You are responsible for any costs charged by your mobile network or internet service provider in relation to the use the Service.

5. How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download a copy of the App and view, use and display the App and the Service on such devices for your personal purposes only.

receive and use any supplementary free software code or update of the App or incorporating “patches” and corrections of errors as we may provide to you.

6. Acceptable use restrictions

You are responsible for the activity that occurs through your account and you agree that you will not create an account for anyone except yourself, and that you will not transfer your account or create an account for anyone other than yourself.

You are responsible for keeping your user identification code and password safe and secure. If you suspect that anyone else knows them, you must notify us by email at club@sortedfood.com.

You agree to comply with all laws, rules and regulations applicable to your use of the Service including, but not limited to, copyright laws, database rights or trademarks.

You must not use the App or the Service in a way that could damage, disable or otherwise compromise our systems or security or interfere with other users.

7. Licence restrictions

You agree that you will:

  • not rent, licence, provide or otherwise make available the App or the Service in any form to any person without our prior written consent.
  • not dissemble, de-compile, reverse engineer or create derivative works based on the whole or part of the App and the Service nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law.
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

8. Intellectual property rights

  • All intellectual property rights in the App and the Service throughout the world belong to us and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.

9. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed you must remove the App from it.

10. Changes to these Terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features that we introduce. We will notify you of any updates to this Licence and invite you to accept the new Licence terms when you next access the App.

11. Update to the App and changes to the Service

From time to time, we may update the App and change the Service to improve performance, enhance functionality, reflect changes in the operating system or address security issues.

  • If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and Service.

12. If someone else owns the phone or device you are using

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Licence, whether or not you own the phone or other device.

13. Our responsibility for loss or damage suffered by you

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 or for fraud or fraudulent misrepresentation.

Different limitations and exclusions will apply to liability arising as a result of the supply of any products to you, which will be set out in the Sorted Terms of Supply.

You are responsible for ensuring that your use of the Service takes account of any food intolerances that you may have.

You are responsible for the hygienic and safe operation of your kitchen.

Damage to your property:

  • 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;
  • We will not be liable for any damage resulting from faults, viruses or bugs present in the App or arising from your use of the Service that are not directly attributable to us;
  • We will not be liable for any loss or damage resulting from any breach by you of this Licence.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Service are provided for general information purposes only and is not intended to amount to advice on which you rely. Sorted makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We are not responsible for events outside our control.

  • If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
  • We are not responsible for any other matter that is outside our reasonable control including, without limitation, any act or omission of any third party, device or operating system provider.

14. Termination

We may end your rights to use the App and the Service at any time if your Membership Plan is cancelled in accordance with the Membership Terms. If we do so, your user content and other data will no longer be accessible through your account, Sorted is not obliged to retain any user content for you, and any information saved by you as favourites may be lost.

15. Support for the App and how to tell us about problems

  • If you think the App or the Service are faulty or misdescribed or need support in using them or wish to contact us for any other reason, please email club@sortedfood.com.

16. Territorial restrictions

  • This Licence is governed by English law and we agree that the courts of England and Wales have exclusive jurisdiction. However, if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident in Scotland you may also bring proceedings in Scotland.

17. Transfer of this Licence

We may transfer our rights and obligations under this Licence to another organisation and will tell you in writing if we do this and we will ensure that the transfer does not affect your rights under this Licence. You may not transfer your rights and obligations under this Licence.

18. Rights of third parties

This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.

19. General

Each paragraph of this Licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this Licence, we can still do it later.

20. Trademarks

SORTED is the registered trademark of Sorted, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sorted.

The Sorted App End User was last updated on 9 January 2020