Introduction
If you don’t agree to the terms contained in the Terms & Conditions and Privacy Policy, you must immediately exit the website/service.
-
- These Terms & Conditions and Privacy Policy governs each website, mobile site, application, and/or other service (each, a “Service”), regardless of how they are distributed, transmitted, published, broadcast or provided by A Little Bit Yummy and/or affiliates (“we,” “us,” or “our”) that links to the Terms & Conditions and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”).
- Please read these Terms & Conditions and Privacy Policy carefully. You can access the Terms & Conditions and Privacy Policy any time in the footer of the A Little Bit Yummy home page or initial screen. Your access, visitation and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to these Terms & Conditions and Privacy Policy. If you do not agree with the terms and conditions and Privacy Policy, you may not access, visit and/or use the Service.
- The Terms & Conditions and Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Terms & Conditions and Privacy Policy. For email notifications of changes in Terms & Conditions or Privacy Policy, please sign up to our newsletter to stay up to date.
- If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this Terms & Conditions and Privacy Policy, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the “Agreement”), A Little Bit Yummy may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. A Little Bit Yummy reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
- In the event of any conflict or inconsistency between the terms and conditions of these Terms & Conditions and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
- Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
The Site Does Not Provide Medical Advice
- The content of the A Little Bit Yummy Site, such as text, graphics, images, information obtained from A Little Bit Yummy licensors, dietitians or article writers, as well as any other material contained on the A Little Bit Yummy Site (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the A Little Bit Yummy site.
- Reliance on any information provided by A Little Bit Yummy, A Little Bit Yummy employees or contractors, others appearing on the Site at the invitation of A Little Bit Yummy, or other visitors to the Site is solely at your own risk.
Children's Privacy
-
- A Little Bit Yummy is committed to protecting the privacy of children. You should be aware that this Site/Service is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content & Copyright
- A Little Bit Yummy authorizes you to view or download a single copy of the material on the publically available A Little Bit Yummy Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2016, A Little Bit Yummy. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
- The Content is protected by copyright under New Zealand, foreign, and international laws. Title to the Content remains with A Little Bit Yummy. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws;
- Content that is provided by A Little Bit Yummy, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers;
- You are not permitted to make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of A Little Bit Yummy, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;
- You are not permitted to copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the A Little Bit Yummy or A Little Bit Yummy Services, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
- You are not permitted to copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through A Little Bit Yummy or the A Little Bit Yummy Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;
- You are not permitted to copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
- Content and features are subject to change or termination without notice in the editorial discretion of A Little Bit Yummy. All rights not expressly granted herein are reserved to A Little Bit Yummy and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Site User Agreement
- The personal information you submit to A Little Bit Yummy is governed by A Little Bit Yummy Privacy Policy. To the extent there is an inconsistency between this Agreement and the A Little Bit Yummy Privacy Policy this Agreement shall govern;
- The A Little Bit Yummy Site contains functionality (including blogs, comment areas, recipe reviews etc.) that allows users to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes;
- You agree you will not use a Public Area for any purpose in violation of local, national, or international laws;
- If you use a Public Area, such as blog comment sections and recipe review areas, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. A Little Bit Yummy and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency helpline.
- You agree to only post, upload, transmit, send or otherwise make available on or through the A Little Bit Yummy website content that you have taken yourself or that you have all rights to transmit and license and which do not infringe, violate, or breach the copyright, trademark, trade secret or any other personal or proprietary right of A Little Bit Yummy, our licensors, vendors, service providers, other users, and/or any third party;
- To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else;
- By uploading any media like a photo, video or recipe, (a) you grant to A Little Bit Yummy a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes A Little Bit Yummy to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify A Little Bit Yummy and its affiliates, directors, officers, contractors, dietitians, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document. Never post a picture or video of or with someone else unless you have their explicit permission;
- A Little Bit Yummy reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion;
- It is strictly prohibited to upload media or material of any kind that contain expressions of hate, abuse, bullying, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the A Little Bit Yummy Privacy Policy;
- You agree not to use any language, or post, upload, transmit, send or otherwise make available on or through the A Little Bit Yummy website or service any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
- You agree not to post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by A Little Bit Yummy in its sole discretion;
- You can not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of A Little Bit Yummy, exposes A Little Bit Yummy or any of its customers or suppliers to any liability or detriment of any type.
- You agree not to post, upload, send or otherwise make available on or through A Little Bit Yummy any content that constitutes chain letters, pyramid schemes, junk mail, spam, phishing, advertising, and/or commercial offers;
- If you make any submission you agree that you will not send or transmit to A Little Bit Yummy by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, recipe, or invention to A Little Bit Yummy by email, through the subscription services, or in the Public Areas, you agree such submission is non-confidential for all purposes unless explicitly stated and can be used for business purposes by A Little Bit Yummy. We try to answer every email in a timely manner, but are not always able to do so;
- You agree not to impersonate, imitate or pretend to be another person, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the A Little Bit Yummy website or Service;
- You agree not to falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with A Little Bit Yummy, us, or our licensors, vendors, and/or service providers;
- You agree not to post advertisements or solicitations of business;
- You may not access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information;
- You agree not to post, upload, transmit, send or otherwise make available on or through A Little Bit Yummy website any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature designed to interrupt, destroy or limit the functionality of any computer software or A Little Bit Yummy website;
- You agree not to access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, the A Little Bit Yummy website or service including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the A Little Bit Yummy website, service or otherwise
- You may not copy, harvest, scrap, index, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including but not limited to photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, information about others including email addresses, without their identification for posting or viewing comments, or any other information available on or through A Little Bit Yummy by an automated or manual process or otherwise;
- You may not use any use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or other make available Content on or through the Service;
- If you provide to A Little Bit Yummy the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s);
- Unless otherwise specified, the A Little Bit Yummy website and service is intended for your personal, non-commercial use only.
A Little Bit Yummy Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the A Little Bit Yummy Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the A Little Bit Yummy Site, regardless of whether such communication(s) violate these standards.
A Little Bit Yummy or its licensors have no liability or responsibility to users of the A Little Bit Yummy Site or any other person or entity for performance or nonperformance of the aforementioned activities.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, A LITTLE BIT YUMMY RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A Little Bit Yummy Subscription Services
1. Copyright & Sharing of Recipes & Content In Subscription Services
A. All content related to the A Little Bit Yummy Subscription Services are protected by the copyright terms and conditions outline in the Use of Content section of the terms and conditions.
2. Subscriptions
A. Each subscription login is to be used by only one household. We reserve the right to remove subscribers who distribute our recipes, meal plans, and other content to more than one household.
B. New recipes and meal plans can be viewed each week by logging into the subscribers area of A Little Bit Yummy website using your username and password providing you have a valid subscription. You will be able to access all premium recipes through the ‘Premium Recipe’ area.
C. A Little Bit Yummy allows users to favorite and comment on recipes. Comments are public and can be seen by other subscription service subscribers. This means the comments should relate to the meal and recipe at hand. We reserve the right to remove any comments that we consider offensive or off-topic.
2. Registration Information for Subscription Services
A. A Little Bit Yummy requires that you register for the subscription services, and/or to make purchases, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you will be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, email and/or street address, and other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. All such information shall be referred to in the Agreement as your “Registration Information”. A Little Bit Yummy may use and share your Registration Information (personal data) as described in A Little Bit Yummy Privacy Policy. By accepting A Little Bit Yummy terms and conditions, you also agree to receive regular email communication via Intercom, our communication provider.
B. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify our Data Controller as described in A Little Bit Yummy Privacy Policy.
A LITTLE BIT YUMMY AND OUR INDEMNITEES, SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
C. A Little Bit Yummy reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.
D. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the A Little Bit Yummy Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
E. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or services, including without limitation Content, that are initiated by use of your Registration Information.
F. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the A Little Bit Yummy Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify our Data Controller as described in A Little Bit Yummy Privacy Policy.
3. Fees, Payments & Refunds
A. A Little Bit Yummy provides subscription services that offer monthly, three-monthly and yearly recurring subscription membership options.
B. When you sign up for the subscription service and choose one of these options, you are committing to the term you have chosen. We offer a 14-day money-back guarantee on all of our subscription services, which you can claim by emailing hello@alittlebityummy. You can change your subscription plan at any time under your ‘Subscription’ page after logging in to the membership area
C. If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give A Little Bit Yummy permission, and direct us to retain such information and to charge all recurring Fees to such payment method.
D. At the end of your subscription term, we will automatically bill the card we have on file for you for the following period. Automatic billing will occur unless you cancel before the next billing date. You can always find your billing information under your profile by clicking on the “Subscription” link.
E. Our automated system allows you to cancel your renewal at anytime in your account by clicking on “ Cancel Subscription” under ‘Subscription’ in your profile page. Your cancellation must be done by you, the subscriber, through the A Little Bit Yummy website and cannot be cancelled via an email request. When you cancel, you will still be able to access your subscription dashboard and use the features through the end of the billing cycle that you’ve already paid for. There will be no refunds for late cancellation.
F. Unless otherwise specified on the Service, all Fees will be quoted and charged in New Zealand dollars. A Little Bit Yummy and our licensors, vendors, and/or service providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the A Little Bit Yummy service.
G. If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, A Little Bit Yummy reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to A Little Bit Yummy, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the A Little Bit Yummy Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
H. In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use the A Little Bit Yummy Service. If you are accessing the A Little Bit Yummy Service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.
4. Your Termination of Service & Cool Down Period
A. You can opt to cancel your use of the A Little Bit Yummy services at any time. Once you have notified A Little Bit Yummy that you wish to cancel your service through your profile page you will be locked out of the login area once your paid subscription expires.
B. Once your subscription expires you will not be able to login and see recipes you used during your use of the A Little Bit Yummy subscription service or access other subscription content or features. You can reactive your subscription at any time to regain access these resources and features.
C. Once you cancel your subscription to the A Little Bit Yummy service you will no longer be charged recurring subscription fees.
D. Your login details and personal preference information in relation to the A Little Bit Yummy subscription services will be saved for seven years after the cancellation date of the service. If you re-subscribe to the subscription service within the seven-year termination period you will regain access to past recipes you used during the service and recipes saved to your favourites box. If you re-subscribe to the subscription service after the seven-year termination period we cannot guarantee that you will regain access to past recipes you used and you may need to create new login and password details, as A Little Bit Yummy might have reclaimed your past login and password details. After 7 years of being unsubscribed, your account will be deactivated and removed from the system. This is to ensure the protection of your personal data in the unlikely event of a data leak. Metadata from your account may still be retained, however, it will not contain any personal data.
5. Low FODMAP & Nutrition Disclaimer
A. A Little Bit Yummy relies upon the low FODMAP foods and serving sizes listed in the Monash University app and all recipes are reviewed by low FODMAP trained dietitians. You acknowledge that A Little Bit Yummy and any associated parties are not responsible if you react to any ingredients, products or recipes used in the subscription services. It is your responsibility to check recipes for any additional food triggers, intolerances, or allergens.
B. Nutrition information is calculated using USDA Food Composition Database and any data gaps have been filled using the Australia New Zealand Nuttab database and Nutritics. We believe the nutrition data within this website/app is accurate but cannot be held liable for errors. Please do your own due diligence and check other authoritative sources for comparisons if this nutrition information is very important to your wellbeing (health, financial or otherwise). A Little Bit Yummy is not affiliated with Nutritics.com, however, we pay to use their nutrition data.
6. No Guarantees
A. A Little Bit Yummy do not guarantee the availability, content or price of, any of the products, ingredients, or services offered on our website. You acknowledge that at any time, stores who offer product, ingredients or service used on our website may change their prices or cancel or amend their stock, with or without notice to you, and that we are not responsible for any such changes. You agree that should you rely on the availability, content or prices offered on our website, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your direct dealings with any store whose products are offered on our website and any other terms, conditions, representations or warranties associated with such dealings, are between you and such store exclusively and do not involve us. You agree that your submission of an order for a particular product is not a guarantee of the availability of such product.
B. A Little Bit Yummy will do our best to ensure that the company services are available twenty-four hours a day, seven days a week. However, there will be occasions when the company services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of God, or other situations. We will make reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the company services.
C. You also acknowledge and accept that there may be technical downtime with company services. You agree that your access and use of the company services is at your own risk. You understand and agree that the company services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Practitioners Login Area
1. Copyright and Sharing Content Provided in Practitioners Area
A. A Little Bit Yummy authorizes you to view or download and distribute the PDF FODMAP files in the Practitioners login area of the A Little Bit Yummy website to distribute to your clients. This part of the website is for your professional use, however you must include the copyright notice located at the end of the material, for example: “©2015, A Little Bit Yummy. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.
B. You may not download or distribute A Little Bit Yummy recipes included in the Subscription Services or Public Area of the A Little Bit Yummy Service. Please refer clients to the subscription services or the A Little Bit Yummy website if they request low FODMAP recipes.
C. All other content related to the A Little Bit Yummy Website and Service is protected by the copyright terms and conditions outline in the Use of Content section of the terms and conditions.
2. Registration Information for Practitioners Area
A. A Little Bit Yummy requires that you register for the practitioners area, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Registration Information”. A Little Bit Yummy may use and share your Registration Information (personal data) as described in A Little Bit Yummy Privacy Policy.
B. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify our Data Controller as described in A Little Bit Yummy Privacy Policy.
A LITTLE BIT YUMMY AND OUR INDEMNITEES, SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
C. A Little Bit Yummy reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.
D. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the A Little Bit Yummy Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
E. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or services, including without limitation Content, that are initiated by use of your Registration Information.
F. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the A Little Bit Yummy Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify our Data Controller as described in A Little Bit Yummy Privacy Policy.
3. Your Termination of Service
A. You can opt to terminate your use of the A Little Bit Yummy Practitioners Area at any time. Once you have notified A Little Bit Yummy that you wish to terminate your service through the Account Settings page you will be locked out of the login area after a 30 day period.
B. Once you have terminated your service you will not be able to login and access content provided in the Practitioners login area.
Affiliate Program Operating Agreement
This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the A Little Bit Yummy Ltd Affiliates Program (the “Program”). “We,” “us,” or “our” means A Little Bit Yummy Ltd or any of its affiliate companies (excluding those that sell retail products), as the case may be. “You” or “your” means the applicant.
This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the A Little Bit Yummy Ltd Affiliates Program (the “Program”). “We,” “us,” or “our” means A Little Bit Yummy Ltd or any of its affiliate companies (excluding those that sell retail products), as the case may be. “You” or “your” means the applicant. A “site” means a website. “A Little Bit Yummy Site” means the alittlebityummy.com site or any other worldwide site that is owned or operated by or on behalf of us or our and which is identified as participating in the Program in the Associates Program Advertising Fee Schedule, as applicable. “Your site” means any site(s) and software application(s) that you own or operate and link to the A Little Bit Yummy Site. Note that software applications are prohibited from participating in the Program unless expressly approved pursuant to the Associates Program Participation Requirements.
BY BECOMING AN AFFILIATE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE REALPLANS.COM SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT, INCLUDING THE ASSOCIATES PROGRAM PARTICIPATION REQUIREMENTS. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1. Description of the Program
The purpose of the Program is to permit you to advertise Products on your site and to earn commission fees. A “Product” is any item or subscription membership sold on the A Little Bit Yummy Site. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, links and other information in connection with the Program (“Content”).
2. Enrollment
To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your site is unsuitable. Unsuitable sites include those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libelous or defamatory materials;
(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) promote or undertake illegal activities;
(f) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated there under;
(g) include any trademark of A Little Bit Yummy or its , or a variant or misspelling of a trademark of A Little Bit Yummy or its, in any domain name, sub-domain name, or in any username, group name, or other identifier on any social networking site (see the Trademark Guidelines for examples); or
(h) otherwise violate intellectual property rights.
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement.
You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
3. Links on Your Site
After you have been notified that you have been accepted into the Program, you may display Special Links on your site. “Special Links” are links to the A Little Bit Yummy Site that you place on your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats we provide, and that comply with the Program Linking Requirements. Special Links permit accurate tracking, reporting, and accrual of fees.
4. Order Processing
We will process Product orders placed by customers who follow Special Links from your site to the A Little Bit Yummy Site. We reserve the right to reject orders that do not comply with any requirements on the A Little Bit Yummy Site, as they may be updated from time to time.
5. Payment by PayPal
When you provide a PayPal email address, we will send you a payment via PayPal in the amount of the fees you earn on a monthly basis.
6. Policies and Pricing
Customers who buy products through this Program are our customers with respect to all activities they undertake in connection with the A Little Bit Yummy Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the A Little Bit Yummy Site will apply to those customers, and we may change them at any time.
7. Compliance with Laws
In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern marketing email (e.g., the CAN-SPAM Act of 2003).
8. Term and Termination
The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all subscriptions you have with respect to Content will automatically terminate and you will immediately stop using the Content and A Little Bit Yummy Marks and promptly remove from your site and delete or otherwise destroy all links to the A Little Bit Yummy Site, all A Little Bit Yummy Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program.
9. Modification
We may modify any of the terms and conditions at any time and in our sole discretion by posting a change notice, revised agreement, on the alittlebityummy.com site or by sending notice of such modification to you by email to the email address then-currently associated with your affiliate account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Program Commission Fee Schedule, Affiliate Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT AND LOSE ANY ONGOING AFFILIATE PAYMENTS FOR SUBSCRIPTIONS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE REALPLANS.COM SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
10. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.
11. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE A LITTLE BIT YUMMY SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE A LITTLE BIT YUMMY SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
12. Disclaimers
THE PROGRAM, THE A LITTLE BIT YUMMY SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE A LITTLE BIT YUMMY SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, ALITTLEBITYUMMY.COM DOMAIN NAME, OUR TRADEMARKS AND LOGOS (INCLUDING THE A LITTLE BIT YUMMY MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE A LITTLE BIT YUMMY SITE, OR THE AFFILIATE-PROGRAM. ALITTLEBITYUMMY.COM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
Passwords
A Little Bit Yummy has several tools that allow you to record and store information, as well as use A Little Bit Yummy subscription services.
- You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your A Little Bit Yummy passwords or accounts.
- It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your A Little Bit Yummy account and password; (3) promptly inform A Little Bit Yummy if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Please contact the Data Controller as listed in the Privacy Policy.
- You grant A Little Bit Yummy and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the A Little Bit Yummy Site & Services as outlined in the Privacy Policy.
- A Little Bit Yummy cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using A Little Bit Yummy tools and services.
Advertisements, Searches, and Links to Other Sites
- A Little Bit Yummy may provide links to third-party web sites. A Little Bit Yummy also may select certain sites as priority responses to search terms you enter and A Little Bit Yummy may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
- A Little Bit Yummy does not recommend and does not endorse the content on any third-party websites.
- A Little Bit Yummy is not responsible for the content of linked third-party sites, sites framed within the A Little Bit Yummy Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.
- Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Liability of A Little Bit Yummy and Its Licensors
- The use of the A Little Bit Yummy Site and the Content is at your own risk.
- When using the A Little Bit Yummy Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of A Little Bit Yummy and its suppliers. Accordingly, A Little Bit Yummy assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the A Little Bit Yummy Site.
- The A Little Bit Yummy Site and the content are provided on an “as is” basis. A Little Bit Yummy, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, A Little Bit Yummy, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the A Little Bit Yummy Site or A Little Bit Yummy.
- In no event shall A Little Bit Yummy, its licensors, its suppliers, or any third parties mentioned on the A Little Bit Yummy Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the A Little Bit Yummy Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not A Little Bit Yummy its licensors, its suppliers, or any third parties mentioned on the A Little Bit Yummy Site are advised of the possibility of such damages. A Little Bit Yummy, its licensors, its suppliers, or any third parties mentioned on the A Little Bit Yummy Site are not liable for any personal injury or illness, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Dispute & Jurisdiction
- You expressly agree that exclusive jurisdiction for any dispute with A Little Bit Yummy, or in any way relating to your use of the A Little Bit Yummy Site, resides in the courts of the Hamilton New Zealand and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Hamilton New Zealand in connection with any such dispute including any claim involving A Little Bit Yummy or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
- These Terms and Conditions are governed by the laws of New Zealand, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- In any dispute between A Little Bit Yummy, your sole remedy is to stop using your account/profile and/or the Service, including without limitation cancelling any Fee-based services. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in this Terms & Conditions and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content available on or through the Service, or any edits, deletions, additions, or other changes thereto; (iv) your ability or inability to access, visit and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content available on or through the Service; or (v) the amount, type, and/or basis for determining any Fees, any changes thereto, or additional Fees.
- You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
Indemnity
You agree to defend, indemnify, and hold A Little Bit Yummy, its officers, directors, employees, agents, contractors, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Mobile Participants
- You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the A Little Bit Yummy Website or Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the A Little Bit Yummy Website or Service (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
- THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. A LITTLE BIT YUMMY AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.
- A Little Bit Yummy have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parent, subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the A Little Bit Yummy Website or Service, or to furnish any maintenance or support services with respect to the Website or Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.
Termination or Suspension of the A Little Bit Yummy Website, Your Use of the Service, and/or the Agreement
- A Little Bit Yummy reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
- Even if the Service, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile. This clause is not applicable to personal data collected or processed by A Little Bit Yummy.
General
- A Little Bit Yummy is based in Hamilton, Waikato, in New Zealand with principal office in Hamilton. A Little Bit Yummy makes no claims that A Little Bit Yummy and the Content are appropriate or may be downloaded outside of the New Zealand, although effort is made to make the content accurate worldwide. A Little Bit Yummy makes no representation, warranty or guarantee that the Service, or any merchandise, products, services, and/or Content available on or through the Service are appropriate, available, or legal in any particular geographic location. Access to the Content may not be legal by certain persons or in certain countries. When you access A Little Bit Yummy you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Use of Content & Copyright, Site User Agreement, Indemnity, Dispute & Jurisdiction, and Complete Agreement.
- A Little Bit Yummy reserve the right to post, from time to time, additional rules that apply to certain portions of the Service, or the Service as a whole. Such additional rules will be posted in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Service constitutes your agreement to comply with these additional rules.
- In order to reduce the friction associated with keeping up to date with the changes in this Privacy Policy (and also our Terms of Use) we offer an email subscription service. If you choose to subscribe, you will be automatically notified by email whenever a change is made to either the Privacy Policy or our Terms of Use. Changes to these documents are infrequent so we do not expect to be sending you regular emails. If you are a paying customer of A Little Bit Yummy please be advised that you will be required to subscribe to this service as part of our service standards. Otherwise, if you choose not to take advantage of this subscription service, we advise that you come back every three months and review Section 17: Terms & Conditions Change log.
- The rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in the Terms & Conditions and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the Agreement.
- Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
- We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting A Little Bit Yummy copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
A Little Bit Yummy agent for copyright issues relating to this website is as follows:
A Little Bit Yummy Ltd
Attn: Alana Scott
3 Camberley Way, Huntington
Hamilton, New Zealand (3210)
[email protected]
Or call: +64 27 8140670
In an effort to protect the rights of copyright owners, A Little Bit Yummy maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Terms & Conditions Change Log
Want to stay up-to-date with changes to our terms & conditions? Sign up to our privacy policy and terms & conditions email newsletter to receive notifications.
Date: 6 September 2019 |
A Little Bit Yummy Subscription Services: Fees, Payments & Refunds |
Prior text: B. When you sign up for the subscription service and choose one of these options, you are committing to the term you have chosen.We currently offer a 14 day money back guarantee that you can claim via email if you are not happy with the subscription services we provide. |
New text: B. When you sign up for the subscription service and choose one of these options, you are committing to the term you have chosen. We don’t currently offer a free trial or a refund for our online subscriptions. If you are not sure that the subscription is for you then we recommend you select the ‘monthly’ plan option. You can always change your subscription plan under your ‘Account & Preferences’ page at a later date. |
Date: 8 May 2019 |
Affiliate Program Operating Agreement |
Prior text: |
New text: New section added to terms & conditions. Please see section: Affiliate Program Operating Agreement for details. |
Date: 23 November 2018 |
Entire Policy |
Change made: the term ‘meal plan service’ had been replaced with the term ‘subscription services’. |
A Little Bit Yummy Subscription Services: 3. Payments, Fees, Refunds |
Prior text: A. A Little Bit Yummy provides a services that offer monthly, three-monthly recurring subscription options. B. When you sign up for the one of these options, you are committing to the term you have chosen. We are unable to offer service refunds at this time. We invite you to try the service using the one week risk free trial to experience the functionality before purchasing a subscription. |
New text: A. A Little Bit Yummy provides a subscription services that offer monthly, three-monthly and yearly recurring subscription options. B. When you sign up for the subscription service and choose one of these options, you are committing to the term you have chosen. We offer a 14 day money back guarantee where you can request a refund, after this time period we are unable to offer you a refund for subscription services. |
A Little Bit Yummy Subscription Services: 4. Your Termination of Service & Cool Down Period |
Prior text: A. You can opt to cancel your use of the A Little Bit Yummy services at any time. Once you have notified A Little Bit Yummy that you wish to cancel your service through the Account & Preferences page you will be locked out of the login area once your paid subscription expires. B. Once your subscription expires you will not be able to login and see recipes you used during your use of the A Little Bit Yummy meal planning service. You can reactive your subscription at any time to regain access to recipes in these areas. |
New text: A. You can opt to cancel your use of the A Little Bit Yummy services at any time. Once you have notified A Little Bit Yummy that you wish to cancel your service through your profile page you will be locked out of the login area once your paid subscription expires. B. Once your subscription expires you will not be able to login and see recipes you used during your use of the A Little Bit Yummy subscription service or access other subscription content or features. You can reactive your subscription at any time to regain access these resources and features. |
Date: 16 Jan 2018 |
A Little Bit Yummy Dinner & Meal Plan Service: 4. Termination of Meal Plan Service & Cool Down Period |
Prior text: A. You can opt to cancel your use of the A Little Bit Yummy service at any time. Once you have notified A Little Bit Yummy that you wish to cancel your service through the My Account page you will be locked out of the login area after a 7 day period after your paid subscription expires. During this 7 day cool down period you will be able to access the recipes you have paid for through your ‘Past Recipe’ area, but you will not be able use other functions of the meal planning service, for example the smart shopping list or the recipe swap function that allows you to swap recipes in or out of your week. |
New text: A. You can opt to cancel your use of the A Little Bit Yummy service at any time. Once you have notified A Little Bit Yummy that you wish to cancel your service through the My Account page you will be locked out of the service feature areas at the end of the subscription period you have paid for. |
Prior text: B. After the 7 day cool down period you will not be able to login and see recipes you used during your use of the A Little Bit Yummy meal planning service, nor will you be able to access recipes saved to your ‘Favourites’ box. You pay for the convenience to use the recipes and the service but you do not pay for the rights to continued access to the recipes. You can reactive your subscription at any time to regain access to recipes in these areas. |
New text: B. Once your subscription period expires you will not have access to the service features or premium recipes. You pay for the convenience to use the recipes and the service but you do not pay for the rights to continued access to the recipes. You can reactive your subscription at any time to regain access to the meal plan service. |
Prior text: D. Your login details and personal preference information in relation to the A Little Bit Yummy meal planning service will be saved for six months after the cancellation date of the service. If you re-subscribe to the meal planning service within the six month termination period you will regain access to past recipes you used during the service and recipes saved to your favourites box. If you re-subscribe to the meal planning service after the six months termination period we cannot guarantee that you will regain access to past recipes you used and you may need to create new login and password details, as A Little Bit Yummy might have reclaimed your past login and password details. |
New text: D. Your login details and personal preference information in relation to the A Little Bit Yummy meal planning service will be saved after the cancellation date of the service. Your personal data can be removed from the system at any time upon request. Once data removal has been requested it will bee removed from the A Little Bit Yummy database within 30 working days. |
Date: 16 Jan 2018 |
A Little Bit Yummy Dinner & Meal Plan Service: 5. Low FODMAP & Nutrition Disclaimer |
Prior text: B. Nutrition information is calculated using Nutritics.com. We believe the nutrition data within this website/app is accurate but cannot be held liable for errors. |
New text: B. Nutrition data for each recipe has been generated using USDA Food Composition Database and any data gaps have been filled using the Australia New Zealand Nuttab database and Nutritics. We believe the nutrition data within these websites/app is accurate but cannot be held liable for errors. |
Date: 16th Jan 2018 |
Site User Agreement |
Prior text: 1. The personal information you submit to A Little Bit Yummy is governed by A Little Bit Yummy Privacy Policy. To the extent there is an inconsistency between this Agreement and the A Little Bit Yummy Privacy Policy this Agreement shall govern; |
New text: 1. The personal information you submit to A Little Bit Yummy is governed by A Little Bit Yummy Privacy Policy. Upon accepting the Terms and Conditions outlined you hereby accept the A Little Bit Yummy Privacy Policy. To the extent there is an inconsistency between this Agreement and the A Little Bit Yummy Privacy Policy this Agreement shall govern; |
Complete Agreement
Except as expressly provided in a particular “legal notice” on the A Little Bit Yummy Site, these Terms and Conditions and the A Little Bit Yummy Privacy Policy constitute the entire agreement between you and A Little Bit Yummy with respect to the use of the A Little Bit Yummy Site, and Content.
Thank you for your cooperation. We hope you find the A Little Bit Yummy.com Site helpful on your FODMAP journey! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form.
If you don’t agree to the terms contained in the Terms & Conditions and Privacy Policy, you must immediately exit the website and all related services.