This User Agreement (hereinafter referred to as the “Terms” or “Agreement”) shall govern the relationship between Plant Based Love, (hereinafter referred to the “Company” or “Plant Based Love” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)”) and shall govern your use of our mobile application, “Plant Based Love”, as available on Apple App Store and Google Play Store (hereinafter referred to as the “App”).
Our App allows you to save your personal information on your mobile phone and on our servers. You can use your saved information to autofill forms on your mobile device with convenience. You can also easily share your information with others if you choose. What you share, if at all, is fully at your discretion and control. You may use the app solely as a repository to store, categorise and look up your data at any time. You can electronically sign forms and contracts. To use the App, you can choose one of our three subscription plans: i) Meal plan of your choice, ii) Recipes and, iii) Recipes and meal plan.
2. Acceptance of this User Agreement
By downloading or installing our App, or by accessing or using or registering or availing services on our App in any way, or by clicking on a button or taking similar action to signify your affirmative acceptance of this User Agreement, you hereby represent that:
You have read, understood, and agreed to be bound by this User Agreement and any future updates and additions to this User Agreement, as published from time to time on the App.
You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access the services on the App.
We must not have previously disabled your account for violation of law or any of our policies.
3. Accounts, Passwords and Security
Account: To access various parts of the App, and to avail various services, including storing your personal information, auto-filling forms, sharing it with others, and e-signing documents you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account or mobile phone.
Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
4. How You Can Use The App
Non-exclusive License: Please note, our App, and all of its services, including e-signature feature and other features and functionalities are being provided to you on a non-exclusive basis, contingent upon you paying the required fees (except for free services). Specifically, we only grant you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services. We reserve the right to revoke this license if at any time you are found to be misusing our services or breaching this Agreement.
Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the App.
E-Sign: If you are a signer, you may be asked to verify your identity and identification credential before being able to proceed with signing the documents.
Community Guidelines: Any content or document uploaded by you on the App or using our Services must comply with our Community Guidelines.
Material: For the purposes of this User Agreement, “material” shall mean any logos, trademark, text, video, graphics, sound material, published on the App, whether a copyright of Plant Based Love, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the App. You must not reproduce any part of the App or the material or transmit it to or store it in any other App or disseminate any part of the material in any other form, unless we have indicated that you may do so.
You cannot impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
You must not misuse or interfere with the Services or App or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
You must not:
republish material from this App;
sell, rent or sub-license material from the App;
show any material from the App in public without our consent;
edit or otherwise modify any material on the App (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our App for a commercial purpose; or
redistribute material from the App, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of any third party;
We reserve the right to restrict your access to any areas of our App, or indeed our whole App, at our discretion.
You must not use our App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our App, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this User Agreement, we reserve the right to suspend or terminate your account or your access to the App or our services, at our sole discretion, and in such cases, you shall not be eligible to receive a refund for the unutilised portion of your subscription, except in accordance with applicable law.
5. Our Content and Rights
This App, its logos, its content, designs, trademarks, trade dress, trade name, software, all of our features, functionalities and services, shall remain the sole property of Plant Based Love, and/or its licensors, as the case may be. Your use of or access to this App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this App, our services, any content (except your own content), designs, published by us or our licensors or third parties. This App and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this App are the exclusive property of, or are licensed to Plant Based Love and are protected. No use of a trademark, trade dress, trade name or design appearing on this App may be made without the prior written permission of Plant Based Love.
6. Your Personal Information and Rights
Your information is yours: The content, including without limitation, personal information, and other information that you save or share or use to autofill the forms, may be protected by intellectual property laws. You own the intellectual property rights in any such content that you save or share on the App. Nothing in this User Agreement takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
Terminating the License: You can end this license for specific content by deleting such content from our App, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
Who can view your personal information: We will get your consent if we want to give others the right to view your personal information. However, if you choose to autofill the forms, or share the personal information with others, then the people or organisations with whom you share such information will be able to see your personal information.
7. Payments and Taxes
Subscription Plans: We offer three subscription plans (the prices shown below may not apply in some jurisdictions and may appear in local currencies):
Free (US$0.00/year) – available one of chosen plan
Recipe (US$49.99/year) – available recipe
Recipes and meal plan (US$99.99/year) – available both recipe and one chosen plan.
Validity: The validity of the Premium and Family plans is one year. These can be renewed annually.
Payment: You agree to pay for the services that you avail from us, and you authorise us to charge your debit or credit card or process other means of payment for those payments. You shall be responsible to bear all the applicable taxes (wherever applicable). We employ the use of third-party service providers, namely, Apple Pay or Google Pay or Stripe, for the purpose of facilitating payment and the completion of purchases.
Auto-Renewal: Plant Based Love’s annual plans provide year-to-year access. Annual charges will be made each renewal date (the same date of the year that you originally signed up for the plan). Annual plans automatically renew every year thereafter. If you cancel before an upcoming renewal date, you will have access to your account through the end of the then-current year.
Price Change: We reserve the right to modify the prices of our services, or modify or discontinue such services, at any time, at our sole discretion, without any prior notice. However, if you purchase our service for a particular price, that price and such service shall hold good for you until we have provided the same.
8. Apple App Store/iTunes Account
A purchase will be applied to your iTunes account on confirmation. Subscriptions will automatically renew unless cancelled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Review our Consumer Agreement and Refund Policy available on this app.
You can subscribe to a Premium or Family plan.
Payment will be charged to your iTunes Account at confirmation of purchase.
Subscription automatically renews for the same price and duration period as the original “one year” package unless auto-renew is turned off at least 24-hours before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period at the cost of the chosen package (yearly package).
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes Account Settings after purchase.
You may turn off the auto-renewal of your subscription via your iTunes Account Settings.
If you cancel the Subscription, you can keep using the subscription until the next billing date.
10. Links to Third-Party Apps
The App, and all its services are provided on an “as-is” and “as available” basis, and Plant Based Love (and our licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, desirability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the App or its services will meet your requirements, will be of a quality that you expect, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
12. Limitation of Liability
Nothing in this Consumer Agreement and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Plant Based Love (OR OUR LICENSORS OR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE THE APP OR OUR SERVICES, EVEN IF Plant Based Love HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR MOBILE PHONE, OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM.
You acknowledge to defend, indemnify and hold Plant Based Love, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
Your violation of ours or any third-party rights;
Your wrongful or improper use of our services, App;
Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
Your violation of this User Agreement, or any other policy of Plant Based Love as associated with our services;
The indemnifications set forth above will survive the termination or expiration of this User Agreement and/or your use of our services.
14. Copyright Notice
Please notify us if you believe any of your intellectual property rights have been infringed on our App or website. Please file your copyright infringement claim with our Legal Representative at plantb[email protected] for such complaints and claims.
You are required to follow the below procedure to file a claim:
Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the copyrighted material that has infringed upon your copyright;
Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
Provide your physical and/or electronic signature;
Send us a written communication to [email protected];
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
15. Legal Action
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Plant Based Love or its directors/owners, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
16. Governing Law and Dispute Resolution
Governing Law: This User Agreement and any dispute arising from the same will be governed by applicable laws of the Commonwealth of Australia.
Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts.
Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND Plant Based Love ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND US, SHALL BE RESOLVED BY A JUDGE.
Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
When you use the App or send emails to Plant Based Love, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this App. Plant Based Love will communicate with you by email or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of this Agreement.
Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
Severability: If any provision of this User Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this User Agreement will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of this User Agreement shall not be construed as a waiver by us of any provision or any right that we have to enforce this User Agreement and nor shall any course of conduct between Plant Based Love and you or any other party be deemed to modify any provision of this User Agreement.
Survival: Notwithstanding any other provisions of this User Agreement, or any general legal principles to the contrary, any provision of this User Agreement that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of this User Agreement, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in this User Agreement, there shall be no third-party beneficiaries to this User Agreement.
No Assignment: You may not assign this User Agreement (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Plant Based Love, which may be withheld at Plant Based Love’s sole discretion. Any attempted assignment that does not comply with this User Agreement shall be null and void.
Force Majeure: Plant Based Love and its third party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
Updates to this User Agreement: We may add to or change or update this User Agreement at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking this User Agreement periodically. Your use of the App after any amendments to this User Agreement shall constitute your acceptance to such amendments.
19. Grievance Officer/Designated Representative
Title: The Legal Representative
Email: [email protected]
20. Feedback and Information
We welcome your comments regarding this User Agreement. Please write to us at [email protected].