SOCOOK TERMS AND LICENSE OF USE


1.                   These terms

1.1                What these terms cover. These are the terms and conditions on which we supply all of our apps (SoCook Apps) and (if applicable) the Premium Service (as it relates to each of the SoCook Apps) to you. 

1.2                These terms are in addition to the Apple App Store or Google Play terms and conditions. The ways in which you can use the SoCook Apps may also be controlled by either the Apple App Store or Google Play rules and policies (App Store) and their rules and policies will apply instead of these terms where there are differences between the two

1.3                Why you should read them. Please read these terms carefully before you begin using any of the SoCook Apps and the Premium Service. These terms tell you who we are, how we will provide the Premium Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.                   Information about us and how to contact us

2.1                Who we are. We are Socook Ltd a company registered in England and Wales. [Our company registration number is 09272127 and our registered office is at C4DI, C4DI, @TheDock, 31-38 Queen Street, Hull, HU1 1UU, UK. Our registered VAT number is 268367560.

2.2                How to contact us. You can contact us by emailing our customer service team at mandy@socook.co.uk.

2.3                How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address linked to your App Store account.

2.4                “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and any other methods of electronic communication that we may offer.

3.                   Our contract with you

3.1                How we will enter into a contract with you. By downloading the SoCook App and/or using the Premium Service you agree to these terms.

3.2                If you do not agree with these terms. You should un-install and delete the app from all devices on which you have installed it.

3.3                You must be 16 to accept these terms and download the SoCook App.  If you are under 16 then you should not download the SoCook App and there will be no legally binding contract between us.

3.4                If someone else owns the phone or device you are using. If you download the SoCook 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 these terms, whether or not you own the phone or other device. 

4.                   Operating System Requirements

4.1                The SoCook App requires a mobile device running a minimum of either [Android 4.03 Ice Cream Sandwich) or iOS 10.3]

5.                   Our rights to make changes

5.1                Minor changes to the Premium Service and SoCook App. From time to time we may automatically update the SoCook App and change the Premium Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the SoCook App for these reasons.

5.2                If you do not accept the notified changes. If you do not accept the changes you must delete the SoCook App from your device and cancel your subscription.

6.                   Providing the Premium Service

6.1                Once you have downloaded the SoCook App, you may access the Premium Service.  There may be a charge payable for the Premium Service and this will be clearly indicated to you in the SoCook App and on the relevant App Store.

6.2                We will supply the Premium Service to you until you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 11.

6.3                We are not responsible for delays outside our control. If our supply of the Premium Service is delayed by an event outside our control then 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any outstanding subscription charge you have paid for but not received.

6.4                What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Premium Services to you, for example, your food likes and dislikes etc. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract.

6.5                Reasons we may suspend the supply of the Premium Services to you. We may have to suspend the supply of the Premium Services to:

6.5.1          deal with technical problems or make minor technical changes;

6.5.2          update the services or the SoCook App to reflect changes in relevant laws and regulatory requirements.

6.6                Your rights if we suspend the supply of the Premium Services. We will notify users of the Premium Services in advance if we will be suspending the Premium Services, unless the problem is urgent or an emergency. If we have to suspend the Premium Services for longer than 24 hours in any one period we will adjust the price so that you do not pay for the Premium Services while they are suspended.

6.7                We may also suspend supply of the Premium Services if you do not pay. If you do not pay us for the Premium Services we will automatically suspend supply of the Premium Services until you restart your subscription.

7.                   Licence Restrictions 

7.1                You agree that you will:

7.1.1          not rent, lease, sub-license, loan, provide, or otherwise make available, the SoCook App or the Premium Service in any form, in whole or in part to any person without prior written consent from us;

7.1.2          not copy the SoCook App, or Premium Service, except as part of the normal use of the SoCook App or where it is necessary for the purpose of back-up or operational security;

7.1.3          not translate, merge, adapt, vary, alter or modify, the whole or any part of the SoCook App or Premium Services nor permit the SoCook App or the Premium Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the SoCook App and Premium Services on devices as permitted in these terms.

7.1.4          not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the SoCook App or the Premium Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the SoCook App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

7.1.4.1             is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

7.1.4.2             is not used to create any software that is substantially similar in its expression to the SoCook App;

7.1.4.3             is kept secure; and

7.1.4.4             is used only for the Permitted Objective;

7.1.5          comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the SoCook App or the Premium Service.

7.2                You must:

7.2.1          not use the SoCook App or Premium Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the SoCook App, any service or any operating system;

7.2.2          not infringe our intellectual property rights or those of any third party in relation to your use of the SoCook App or Premium Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

7.2.3          not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SoCook App or Premium Service;

7.2.4          not use the SoCook App or Premium Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

7.2.5          not collect or harvest any information or data from the Premium Service or our systems or attempt to decipher any transmissions to or from the servers running the Premium Service.


8.                   Intellectual Property Rights

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

9.                   Your rights to end the contract

9.1                You can always end your contract with us if you have changed your mind. You can cancel your subscription for the Premium Service at any time via the relevant App Store.

9.2                If we have done something wrong. Clause 9.3 sets out your rights to end your contract if we have done something wrong.

9.3                Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 9.3.1 to 9.3.4 below the contract will end immediately and we will refund you, via the relevant App Store. The reasons are:

9.3.1          we have told you about an error in the price or description of the Premium Service and you do not wish to proceed;

9.3.2          there is a risk that supply of the Premium Service may be significantly delayed because of events outside our control;

9.3.3          we have suspended supply of the Premium Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 24 hours; or

9.3.4          you have a legal right to end the contract because of something we have done wrong.

9.4                Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. There are certain exceptions to these and any request for a refund should be submitted via the relevant App Store.

9.5                When you don't have the right to change your mind. You do not have a right to change your mind (unless the refund policy in the App Store allows this) in respect of:

9.5.1          digital products after you have started to download or stream these; and

9.5.2          services, once these have been completed, even if the cancellation period is still running.

9.6                How long do I have to change my mind? Normally as soon as you begin using a service that you have bought online, you lose the right to a refund however the App Store may have a different policy.

9.7                Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract. Your entitlement to any refund will depend on the relevant App Store refund policy.

10.                How to end the contract with us (including if you have changed your mind)

10.1            Cancel your subscription. If you have paid a fee for the Premium Services and set up a recurring subscription then you should cancel this via the relevant section on the App Store.

10.2            Delete the SoCook App.  You should delete the SoCook App from all of your devices and stop using it.

10.3            How we will refund you. Any refunds will be processed via the relevant App Store.  This will normally be done via the same payment that you set up for any recurring subscription.

11.                Our rights to end the contract

11.1            We may end the contract if you break it. We may end the contract for the Premium Service at any time by writing to you if:

11.1.1       you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so;

11.1.2       you do not make any payment to us when it is due;

11.1.3       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Premium Service.

11.2            We may withdraw the SoCook App and/or the Premium Service. We may contact to you to let you know that we are going to stop providing SoCook App and Premium Service. We will let you know in advance of our stopping the provision of the SoCook App and Premium Service.

11.3            If we end your rights to use the SoCook App and Premium Service. You must:

11.3.1       stop all activities authorised by these terms, including your use of the SoCook App and the Premium Service;  and

11.3.2       delete or remove the SoCook App from all devices in your possession and immediately destroy all copies of the SoCook App which you have and confirm to us that you have done this.

12.                If there is a problem with the product

12.1            Support. If you want to learn more about the SoCook App or the Premium Service or have any problems using them please take a look at our support resources at www.socook.co.uk

12.2            Contacting us (including with complaints). If you think the SoCook App or the Premium Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at mandy@socook.co.uk

12.3            How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

12.4            Summary of your legal rights. We are under a legal duty to supply a service that is in conformity with this contract.

12.5            For services. Under the Consumer Rights Act 2015:

12.5.1       you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;

12.5.2       If you haven't agreed a price beforehand, what you're asked to pay must be reasonable;

12.5.3       If you haven't agreed a time beforehand, it must be carried out within a reasonable time;

12.6            For digital content. The Consumer Rights Act 2015 says:

12.6.1       digital content must be as described;

12.6.2       fit for purpose; and

12.6.3       of satisfactory quality.

If your digital content is faulty, you’re entitled to a repair or a replacement. If the fault can't be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. 

Nothing in these terms will affect your legal rights.

13.                Price and payment

13.1            Where to find the price for the product. The price of the SoCook App and Premium Services (which includes VAT) will be the price indicated on the relevant App Store page or on the screen when you place a subscription.

13.2            When you must pay and how you must pay. All payment is handled directly via the relevant App Store.

13.3            What to do if you think an invoice is wrong. If you think an invoice is wrong please contact the relevant App Store.

14.                Our responsibility for loss or damage suffered by you

14.1            We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

14.2            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.

14.3            When we are liable for damage to your property. The Premium Service is provided digitally and if any defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.4            We are not liable for business losses. The Premium Service is for domestic and private use. If you use the SoCook App and Premium Service 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.

14.5            Limitations to the SoCook App and Premium Service. The SoCook App and Premium Service are provided for general information and entertainment purposes only. We do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the SoCook App or Premium Service. Although we make reasonable efforts to update the information provided by the SoCook App and Premium Service, we make no representations, warranties or guarantees, whether express or implied that such information is accurate, complete or up to date.  You may receive advice from third parties through the SoCook App however we accept no liability for any advice received from third parties using the SoCook App.

14.6            Please back-up content and data used with the SoCook App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the SoCook App or Premium Service.

14.7            Check that the SoCook App and Premium Service are suitable for you. The SoCook App and Premium Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the SoCook App and Premium Service (as described on the App Store) meet your requirements.

14.8            **VERY IMPORTANT PLEASE READ*** We do not provide information on food intolerances and food allergies. The SoCook Apps and Premium Service are not designed to be used by people who have food allergies or food intolerances.  If you have a food allergy of food intolerance then please do not use the SoCook Apps and Premium Service.

15.                How we may use your personal information

15.1            How we may use your personal information. We will only use your personal information as set out in our www.socook.co.uk/app-privacy-policy

15.2            Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the SoCook App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted

15.3            We may collect technical data about your device. By using the SoCook App or the Premium Service, you agree to us collecting and using technical information about the devices you use the SoCook App on and related software, hardware and peripherals to improve our products and to provide the Premium Service to you.

15.4            We may collect location data (but you can turn location services off). The use and provision of the Premium Service may, where necessary, make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the SoCook App on the device. If you use the Premium Service, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your mobile phone.

15.5            We are not responsible for other websites you link to. The SoCook App and the Premium Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

16.                Other important terms

16.1            We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract

16.2            You need our consent to transfer your rights to someone else. We are giving you personally the right to use the SoCook App and the Premium Service as set out above. You may not otherwise transfer the SoCook App or the Premium Service to someone else, whether for money, for anything else or for free except as permitted under the terms of the App Store. If you sell any device on which the SoCook App is installed, you must remove the SoCook App from it. You may only transfer your rights or your obligations under these terms to another person if we agree in writing

16.3            Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Be aware that the terms of the relevant App Store also apply and these are a separate contract between you and the App Store provider.

16.4            If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

16.5            Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.6            Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the SoCook Apps and Premium Service in the English courts.