Terms Of Services

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ACCEPTANCE  OF   TERMS  OF  SERVICE

The following Terms of Service are between you and Calorie Count hereinafter Calorie Count (CC), closed and form a legally binding contract, which governs your use of the product, the software, services, recommendations, and the sites of CC (collectively, "Services" ). You must indicate your acceptance of these Terms of Service before you can use the Services. You can accept these TOS by clicking on a box that indicates that you agree to the Services. Please do not use the services if you do not agree with any of the given conditions. If you wish you can print out a copy of these TOS for your records or otherwise create a backup copy.

  • Capacity: In order to use the Services and / or to register for the Services, you must be of legal age. By accepting these ToS you represent that you have understood the points and agree with it.
  • Updates: CC may update these Terms of Service from time to time or change and advise you to review the TOS regularly. Whenever CC will make a change to the Terms of Service, it will be published in the same location where the ToS resides. You understand and agree that your continued use of the Services constitutes your acceptance of the TOS as revised by an amendment to the Terms of Service. If CC makes a change to the TOS that materially affects your use of the Services, CC can without limiting the foregoing, publish a notice of such change on its website and / or sent to you by e-mail or by electronic message regarding the changes in your notification section.
  • Description of services: CC is an interactive software which can help user calculate calories of a dish by selecting ingredient, country of origin & quantity.
  • Accuracy of data: The calorie calculation is done by using the Food Composition Database made available by different countries. The calorie of cooked & uncooked food may vary significantly & can be determined by lab tests. CC’s software helps do the calculation of uncooked food taking into consideration the ingredients used & not the cooking method.
  • System Requirements:Use of the Services requires one or more compatible devices, certain software, and internet access via a compatible Internet service provider (broadband required for web applications); separate fees may apply for this. Your use of the Services may be affected by certain combinations of hardware, software and / or Internet access. High-speed Internet access is recommended.
  • Browser Compatibility List :Our services have been optimized for the following browsers: Safari, version 4.0, Mozilla Firefox 3.5, Internet Explorer version 8
  • Change the Services : CC reserves the right to modify or dis-continue any program / service, either temporarily or permanently. It can be done with or without notice. Without limiting the foregoing, CC may publish such notices of changes to the services on its website and / or send an e-mail or message to your registered email id. You have a responsibility to our site to check for such disclosures. You agree that CC or any third party shall not be liable for any modification or discontinuance of the Services.
  • Restrictions on Use: You hereby acknowledge to use the service only for purposes that are permitted by these TOS and by any applicable law, regulation or generally accepted practices of a competent jurisdiction.
  • Obligations relating to the application: You acknowledge that all information provided by you to CC site during the registration process ("Registration Data"), or during filling of any questionnaire are correct, accurate and complete and is your current information. We also expect that you will maintain and update the registration data during the term of your membership because it is a base requirement for the software to function appropriately. Failure to provide accurate, current and complete information will not only affect the results but may also become a reason in the suspension and / or termination of your account. Furthermore, it is not guaranteed that in such a case, a demand for the continuity of the Services will be entertained.
  • USE OF THE SERVICES BY YOU
    • Account Security: When creating your account, you will be asked to choose a password. Please choose a strong password and do not disclose your password to any third parties. You agree that it is your responsibility to maintain the confidentiality and security of your password. Furthermore, you should be aware that you would be solely responsible and liable for any activity that occurs under your account. If you suspect or detect unauthorized use of your account, please contact us immediately at support@caloriecount.ae
    • Additional duties or terms of use: Certain components or functions of the services that are provided by CC and / or its licensors or partners may be subject to separate software or other license agreements or terms of use. These include, for example, chat support, ticket support or payment gateway etc. The prerequisite is that, while you use such third party services, you agree that you have read the accompanying agreements and agree to be bound by them.
    • No transmission / Transfer: You hereby acknowledge that your CC account is non-transferable and that any rights to your membership or contents within your account will be deleted in the event of an unfortunate incident like the death of the user.
    • No Resale of Service: You agree to refrain from it completely, that you would not indulge in full or partial reproduction of the programs or services for any purpose whatsoever. You will not copy, duplicate, sell, resell, rent, or trade or indulge in any consulting, or use the same commercially in any form.
    • No sharing of account details: You agree to refrain from sharing the user ID & password with any unauthorized person or other restaurant owners, its employees, associates etc. who have not bought the software access by legal means. If CC suspects or detects any unauthorized use of your account, CC reserves the right to suspend the access to the account.
  • PRIVACY - STRATEGY FOR THE PROTECTION OF PERSONALITY RIGHTS: For complete information about our privacy policy, please visit www.caloriecount.ae
  • CONTENT AND CONDUCT
    • Content: "Content" means any information of any kind that may be generated or encountered through use of the Services, including data files, written text, software, music, graphics, photos, audio content, videos, recipes, messages and other similar materials. You understand that all content whether publicly posted with the services to the public or privately transmitted, are the sole responsibility of the person from whom such content has originated. This means that you are solely responsible for all content that you upload, download, post, send by e-mail or electronic message, transmit, store or otherwise make available through your use of the Services. CC is not obliged to control the content that is published through the third parties or the users. We also do not guarantee the accuracy, integrity or quality of such content. You understand and agree that your use of the Service and any content is at your own risk.
    • Your behavior You agree NOT to use the Service for:
      • Content that is unlawful, harassing, threatening dangerous, tortious, defamatory, libelous, abusive, promoting violence, obscene, vulgar, privacy invasive, hateful, racial, ethnically or otherwise offensive, upload, download, publish, e- to send mail or electronic message to transmit, store or otherwise make available;
      • Stalk, harass, threaten or harm another;
      • If you are adult, of a minor (a person under the age of 18 or at an age that applies according to local law as a minor), do not disclose any information which you may not personally know or provide information, including, but not limited to the following: full name or last name, address, postcode, telephone number, photo, or name of the school, the community, of the minor.
      • Pretending to be someone else than you actually are - you are prohibited to act as another person (including celebrities), entity, another CC member, a CC employee or an executive in a public agency or government spending or depict or otherwise represent your affiliation with a person or entity wrongly. (CC reserves the right reject or block any such account which could be considered as concealment or misrepresentation of your identity, or a misappropriation of the name or identity of another person).
      • Engage in any copyright infringement or other violations of intellectual property rights or disclose trade secrets or confidential information through violation of a confidentiality, employment, or nondisclosure agreement;
      • To send or provide for unsolicited or unauthorized forum messages, email messages, electronic messages, advertising, promotional materials, junk mail, spam or chain letters, to publish including, without limitation, bulk commercial advertising and informational announcements.
      • Forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup content or to integrate information into a header to make the origin of the transmitted message through the Services content for the receiver unrecognizable ("spoofing");
      • Any material that contains viruses or any other computer code, files or programs that may disrupt the normal operation of the Services (or any part thereof) or damage any other computer software or hardware, interfere with or to limit upload, publish by e-mail or send an electronic message.
      • To interrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks that are connected to the Service, or any policies, requirements or regulations of networks connected to the Services (including unauthorized access to disturbing, unauthorized use or monitoring of data or traffic).
      • Illegal activities of any kind like scheduling or running any program which can affect CC operations.
      • To collect or store personal information about other users of the Service, or to use them in connection with any of the foregoing prohibited activities.
    • Removing Content: You agree that CC is in no way responsible or liable for any content of any kind that are provided by third parties and that CC is not obligated to sift through this content in advance. However CC reserves the right to verify whether Content is appropriate and comply with these Terms of Service. CC is also entitled to filter out, move, refuse, modify and / or Remove any content without prior notice at its sole discretion, if the content violates these TOS or are otherwise objectionable.
    • Access to your account and your content: You acknowledge and agree that CC can access or share the information & content stored in your account with its appropriate staff or professionals (external) for improving the service being provided to you. At the same time, the information can also be disclosed in the event of:
      • Compliance with a legal process or requirement by the ‘laws of land.’
      • To enforce these Terms of Service, including investigation of potential violations thereof;
      • To detect security problems, fraud or to prevent any technical problems.
      • To protect the rights, property or safety of CC, its users or the public as required or permitted by law.
      Violations of the Terms of Service: During the use of services if you find anything inappropriate or which makes you believe that it violates these Terms of Service, please contact support@caloriecount.ae immediately.
  • PAYMENT
    • Fees: You agree to pay all fees and charges that were specified during your registration with the Services / programs and any portions thereof. All fees are exclusive of applicable taxes (e.g. value-added tax, service tax etc.), unless otherwise specified, and you are solely responsible for any payment of such taxes that may apply to your use of the Services.
    • Payment methods: Depending on the service / program you may have bought, you would be presented with different payment options. Depending on the option chosen, you might be diverted to a third party (payment gateway) for completing the transaction. We expect that you would be using all the legitimate details for processing such transactions, including the use of authorized debit / credit card or net banking details, providing correct billing information & filling up the right payment amount.
    • Free trial phase: CC may provide you with a one-time free trial period for a specified number of days or creating specified number of dishes for trial. The availability of features / functions of a ‘trial program’ will be as per the sole discretion of CC & may differ from a paid program. Please note that even during the trial period you would be governed by the ToS & the privacy policy laid down by CC on this site.
    • Price changes :CC is entitled to do revision of prices without serving any prior notice. However, this will not affect the plan already bought at old prices.
  • BRAND INFORMATION: Calorie Count & all other CC trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Calorie Count in different countries. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and you undertake to refrain from removing, obscuring or changing any proprietary material (including trademark and copyright notices).
  • SOFTWARE
    • Property rights of CC: You acknowledge and agree that CC and / or its licensors own all legal rights, title and interests in the Services, including content (such as text, video, sound, images, recipes) and any software, you as part of and / or in connection with the Service (the "Software") are provided, including any intellectual property rights contained therein, whether registered or not, where they exist in the world. You further acknowledge and agree that the Services (including the Software or any other part thereof) contains proprietary and confidential information that is protected by applicable laws to protect intellectual property.
    • License from CC: CC grants you a personal, simple, non-transferable, limited license to use the Software (including all contents), as will be provided to you by CC as part of the Services and in accordance with these Terms of Service. It will be a violation of the applicable IPR laws if you (or through any third party) copy the Software, modify, create derivative works of the Software, reverse engineer, decompile or otherwise attempt to derive the source code of the Software. All such activities would be considered ill-legal & appropriate action under the applicable law would be initiated including filing for punitive & legal damages.
    • Termination by CC: CC is entitled at any time, under certain circumstances and without any prior notice to immediately terminate your account in full or in part. Reasons for such termination shall include, but not limited to: (a) Violations of the TOS or other policies or guidelines referenced herein and / or which are posted on the Service, (b) a request by you to terminate or cancel your accounts, (c) discontinuance or material modification of the Services or any part thereof, (d) a request and / or order from law enforcement, a judicial body, or other authority, (e) the circumstances in which the provision of services for It is unlawful, or may be, (f) unexpected technical or security issues or problems, (g) your participation in fraudulent or illegal activities, or (h) failure of payment of fees that you owe in connection with the Services. CC is entitled to make such termination or suspension, at its discretion, without being burdened with any financial liability such as damages claim etc.
    • Effects of Termination: Upon termination of your account you will lose all access to the Services. In addition CC can delete all information and data that are stored in your account (s), including, but not limited to data files, emails and settings. Any individual components of the services that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
  • DISCLAIMER: The services, information, and details given on the CC website are absolutely harmless and are based on the current state of science and technology. The Food Composition Databases of different countries have been obtained legitimately from the official websites making such information available to the public. CC has done nothing to check, modify or validate the ingredients or its nutritional value. The data so obtained has been made available in the desired software format to enable the calculation of calorie value of the dishes. By the use of information & recommendation provided on CC portal, Calorie Count, Calorie Count and its subsidiaries, executives, directors, employees, agents, partners and licensors and its agents and vicarious agents, cannot be held liable for any damages whatsoever arising from the use of services without reading the disclaimers properly.
  • AUTHORITATIVE IT RIGHT: This Terms of Service and the relationship between you and CC is subject to the extent permitted by law, only the laws of UAE without regards to the provisions relating to conflict of laws principles. You and CC agree, to the extent permitted by law, that the personal and exclusive jurisdiction to resolve any dispute or claim arising out of these Terms of Service, resides in the courts of the district in which CC (Calorie Count, Dubai) at the time a legal dispute is domiciled.
  • GENERAL: These Terms of Service constitute the entire agreement between you and CC and govern your use of the Services and replace prior agreements between you and CC regarding the Services. You may be subject to additional terms and conditions that may apply when you use additional services, affiliate services, third-party content or third-party software. If any part of these Terms of Service is invalid or looks unenforceable, that portion shall be construed in accordance with applicable law so as to reflect, as nearly as possible the original intentions of the Parties, and the validity of the remaining provisions shall remain unaffected.  You agree that any claim or cause of action arising out of these Terms of Service or use of the Services or associated in context, must be claimed within one (1) year after the cause of action arose else it will be forever barred. Your contractor, under this contract is the Calorie Count, Business Bay, Dubai, UAE.