Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.

These terms and conditions (together with the documents referred to herein) (the “Terms”) govern your access to and use of contourfood.com (the “Website”), including any applications, buttons, browser plugins and application programming interfaces (the “Service”), and any recipes or other information, text, graphics, photos or other materials uploaded to, downloaded from or appearing on the Service (together the “Content”).

The Website is developed, operated and maintained by Foodient (T/A Whisk) Ltd. of Cornwall House, 31 Lionel Street, Birmingham B3 1AP (“Whisk”) on behalf of Ascensia Diabetes Care Holdings AG of Peter Merian-Strasse 90, P.O. Box 4052 Basel, Switzerland (“Ascensia,” together with Whisk, “we”, “us”, “our”).

1. Terms & Conditions – In General

By using the Website, you accept and agree to be legally bound and abide by these Terms just as if you had signed this agreement. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after we post any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms, you should not use our Website and, if applicable, you should arrange to cancel your registered user account with us.

2. Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with these Terms.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

3. Intellectual Property Rights

3.1 Copyrights

All Website materials, including, without limitation, the Website Content are either the proprietary property of Ascensia, Whisk and/or our licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of the Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Ascensia, is strictly prohibited.

If you believe that your work has been copied and is accessible at our Website in a way that constitutes copyright infringement, or that our Website contains links or other references to another online location that contains material or activity that infringes your copyright(s), you may notify us by providing our copyright agent (at [email protected]) the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA").

3.2 Trademarks

“Ascensia,” “Contour,” and any other trademarks used in connection with this Website are either trademarks or registered trademarks of Ascensia and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ascensia. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

4. No Reliance on Information

The information presented on this Website is for general use only and is not intended to provide personal medical advice or substitute for the advice of your healthcare provider. If you have questions or concerns about individual health matters or the management of your diabetes, please consult your healthcare provider.

Except as set out below, we accept no liability or responsibility for any loss or damage or other harm arising from any reliance placed on such information by the recipient of such information or any other person who relies on any of its contents.

5. Changes to our Website

We aim to update the Service regularly, and may change the Content at any time. If the need arises, we may suspend access to the Service, or close it indefinitely. Any of the Content may be out of date at any given time, and we are under no obligation to update such Content.

6. Privacy Policy

We believe strongly in protecting the privacy of our users. Please refer to the Website Privacy Policy to learn more about how we collect, use, share and protect your personal data before providing any information to us.

Our Website is not intended for or targeted at children under 16, and we do not knowingly or intentionally collect or use any personal data of anyone we know to be under 16 years old without the prior affirmative, verifiable consent of his or her parent/guardian. If you are under 16 years old, you should not register for our services or otherwise provide information on our Website and should ask your parent to do so for you.

7. Submissions

By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to us, either online or offline and whether or not solicited by us, you hereby grant to Ascensia and Whish an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Ascensia’s or Whisk’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Ascensia or Whisk to effect, perfect, and confirm the license granted to Ascensia and Whisk to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at our sole discretion and we are under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by us, we may include your name in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Ascensia and Whisk the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this Website.

8. Linking to our Website

You are only permitted to create links to the Website from other websites provided you comply with the following conditions:

  • You may link to our account login page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
  • You must not establish a link to the Website in any website that is not owned by you;
  • The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the Website home page;
  • The website in which you are linking must comply in all respects with the Content standards set out at Section 10 (Acceptable Use Standards) below; and
  • You must acknowledge us by placing the following notice in a reasonably prominent place near the link “Ascensia Diabetes Care Holdings AG”.

We reserve the right to ask you to remove any link to the Website, as determined at our sole discretion.

9. Third Party Links on this Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. Acceptable Use Standards

Prohibited Uses

You may only use the Service for lawful purposes. You may not use any part of the Service:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in this Section 10 (Acceptable Use Standards);
  • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and
  • to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You agree:

  • not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of these Terms; and
  • not to access without authority, interfere with, damage or disrupt:
    1. any part of our Service;
    2. any equipment or network on which our Website is stored;
    3. any software used in the provision of our Service; or
    4. any equipment or network or software owned or used by any third party

Interactive Services

We may from time to time provide interactive services within any part of the Service, including, without limitation, discussion boards and other social media functions (interactive services). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service the Service provides, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to the Service (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of the Terms by your use of the Service. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use the Service, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Service;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to the Service;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Section 10 (Acceptable Use Standards). The responses described in this Section 10 (Acceptable Use Standards) are not limited, and we may take any other action we reasonably deem appropriate.

11. DISCLAIMER

THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. ASCENSIA AND WHISK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

We reserve the right to change any Service and/or Content available on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ascensia or Whisk.

12. Limited Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. Unless otherwise prohibited by applicable law, the liability of Ascensia, Whisk, their affiliates, directors, officers, employees, suppliers, licensees and representatives for any direct or indirect, foreseeable or unforeseeable, incidental, special, punitive, typical or non-typical or consequential damages or loss of profits, whether derived from tort, (including negligence), breaches of contract, statute, culpa in contrahendo, positive breach of duty or any other legal concept, arising under or in connection with:

  • access or use of, or inability to use, this Website; or
  • access or use of or reliance on any Service, Content or material displayed on or available through this Website

is hereby expressly excluded unless the damage has been caused by Ascensia or Whisk with wilful intent or gross negligence.

This Website is provided for domestic and private use only. You agree not to use this Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, business opportunity, or business information nor shall Ascensia, Whisk, their affiliates, suppliers, licensees or representatives, be liable for any incidental, exemplary, consequential, punitive, special or indirect damages of any kind whatsoever.

Ascensia, Whisk, and our affiliates, suppliers, licensees or representatives, will not be liable for any loss or damage caused by a virus, unauthorized use of your account, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile device, tablet or other computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any content on it, or on any website linked to it nor for any act or event beyond our reasonable control, including failure of telecommunications networks, except in the event of gross negligence or wilful misconduct by Ascensia or Whisk. To the fullest extent permitted under applicable law, we will not be liable to you if for any reason this Website (or any Service) is unavailable at any time or for any period.

13. Indemnification

You agree to defend, indemnify and hold harmless Ascensia, Whisk, and their affiliates, officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any materials or Submissions you provide, including, but not limited to, any claim by a third party that any materials or Submissions infringe or violate such third party’s rights or interests.

14. Variations

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. The latest version of the Terms will appear on this page – please ensure you check which version of the Terms applies to your use of the Website.

15. General

15.1 You may only transfer your rights or your obligations under these Terms to another person if we agree to it in writing.

15.2 We may transfer our rights and obligations under these Terms to another organization. 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.

15.3 If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.4 Even if we delay in enforcing these Terms, we can still enforce them 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 these Terms, 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.

15.5 Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

15.6 These Terms and any documents expressly referred to represent the entire agreement between us in relation to the subject matter thereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.7 These Terms shall be governed by and construed in accordance with the law of England & Wales. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

16. Your Concerns

If you have any questions about these Terms or our Website, please contact Ascensia at [email protected]

© 2018 Ascensia Diabetes Care