These terms of service (the “Terms of service”) govern your use of GASTRONAUT (the “Service” as defined below). By accepting the Terms of service, an agreement is entered into by you (“you”) and MiKAPP AB, company registration number 559013-2444 having its registered address at Orrvägen 7B, 192 55 Sollentuna (“we” or “us”).
The Service is provided through our mobile application (the “App”) and our webpage www.gastronaut.me (the “Webpage”). By using the Service or creating a user account with us you accept these Terms of service. If you do not agree to these Terms of service, please do not use the Service provided by us. These Terms of service apply within Sweden. Persons under the age of 18 may not use the Service without parental consent.
GASTRONAUT is a digital service which allows people and companies to sell and/or buy homemade food to and from each other (the "Service"). The Service connects food interested home chefs with people who are hungry for new flavours and experiences. The home chefs are all persons who want to share their cooking with curious and interested people who are eager to try something new. The Service is a tool for these people to discover each other, display their offerings and make appointments to meet and exchange the food.
You understand and confirm that we ourselves are not offering any food or transport services and that any such services that may be offered through the App or the Website are supplied by another provider.
Everyone using our Service is, in these Terms of service, referred to as “Users or you”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms of service.
Since the Service, among other things, seeks to enable third parties to enter into agreements and other legal acts with each other, we wish to declare that we under no circumstances should be regarded as a party, an intermediator, an agent, a commission agent or in any other way as connected to our Users’ interactions and use of the Service, other than via these Terms of service that are entered into with every User separately. The Service we are offering is the ability for our Users to find and get in touch with each other.
Provided that you accept and adhere to these Terms of service, you are granted a non-exclusive, non-transferable, revocable license to download, install and use the App in object code form on a mobile device which you own or have access to, in Sweden, in order to use the Service for its intended purpose.
You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of service.
You understand and accept that content posted on the Service may belong to third parties, and that we have no control over such content. You subsequently understand and accept that we cannot be held liable for such content supplied by third parties and presented or made available within the scope of the Service.
We do not grant you or anyone else permission to copy or alter the App in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or make reverse engineering on the App or its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service to distribute viruses, trojans or similar programs. We do not allow automatic reading of the Service.
All intellectual property rights in the App, or in any other part of the Service, belongs to or are disposed of with license by us. Nothing in these Terms of service shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
In order to use the Service, you will have to create a user account (the “User account”) and sign in to it. Instructions on how to create a User account are set forth in the App.
You may choose a user name and a password, but you may also use one of the selected social media accounts, as set forth in the Service from time to time, to sign in to your user account on the Webpage and the App. If you choose to create a new user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violate these Terms of service.
Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently.
We do not want the Service to be used for anything other than its intended purpose. Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, we ask you not to use the Service.
The posts that you make on other members' profiles will be visible to all users who visit the profiles. Private messages that you send to other members, will however not be visible to members other than those that you have selected as recipients of your messages. You are responsible for all messages that you send when using the Service and you warrant that you will not post messages that violate these Terms of service.
Within these Terms of service, we apply the same rules and approach for messages as for other User-generated Material.
You may upload content such as written comments, messages and photos ("User-generated Material") to the Service. You agree and warrant that you will not distribute or upload any User-generated Material to the Services which:
The Service allows you to share and display an offer for the purchase of food that you have cooked or prepared to other Users (the "User Offers" or "Offer"). User Offers must both live up to the demands we place on all User-generated Material, and also meet the following requirements:
Our position with regard to User-generated Material and User Offers
We will not tolerate any message we consider inappropriate, illegal or unethical. We have a statutory duty to monitor the User-generated Material that are made available in the Service and to, under certain conditions, remove User-generated Material from the Service. We reserve the right to, at our discretion, remove User-generated Material that we deem inconsistent with these Terms of service or as we in any other way consider unfair, unethical or illegal and that may be harmful to us or the Users of the Service.
In addition, we reserve the right to delete offers that appear to be inconsistent with the applicable marketing legislation.
If you encounter any User-generated Material that you believe infringes these Terms of service, or find User Offers you suspect are not living up to our high standards, or receive messages from other Users that are abusive or inappropriate in any way, or if you have any other reason to believe that our services are used for illegal purposes or for purposes that are not in accordance with these Terms of service, please contact us at email@example.com or MiKAPP AB, Orrvägen 7B, 192 55 Sollentuna, SWEDEN.
Intellectual Property Rights to User-generated Material
Ownership of all User-generated Material belongs to you, or the third party that has intellectual property rights to such User-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material to provide and market the Service, or any of our current or future products or services.
You warrant that you have all necessary rights to show and upload User-generated Material, to use the User-generated Material in all other ways and to grant us the license to the User-generated Material as described above.
Network Fees and Access
You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
An external payment function is offered within the framework of the Service for Users to manage their transactions. We charge a commission fee on every transaction made through the Service. The commission fee consists of a fixed fee combined with a percentage rate of the transaction value. The exact commission fee will be shown to the chef when the chef posts a new offer in the Service. Apart from this, it is free to use the Service. The commission fee is paid by the chefs. No additional fee is charged by the consumers.
The Service, including the Webpage and the App, are provided ‘as is’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the App or the Service.
We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of service or the inability to use the Service. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Service, for any injuries, losses, and legal actions, shall under no circumstances exceed the commission fee charged by us on the transactions made by you through the Service.
Anyone who is selling or giving away food in larger scale is required by law to register as a food business in their municipality. You understand and acknowledge that you are entirely responsible for compliance with applicable regulations when using the Service. Information about applicable regulations and how to follow them can be found here [insert hyperlink].
You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of service, including but not limited to the misuse of the Webpage, the App and/or the Service and unfair marketing. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of service or other applicable law.
Should any User-generated Material infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the User-generated Material and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.
We have the right to make changes and updates to these Terms of service. We will inform you of any such changes at the latest thirty (30) days before an adjustment enters into force. We will give you such information by clear notice here [https://gastronaut.me/term.html] or by email to the email address provided by you. You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of service. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of service. We may assign and transfer our rights under these Terms of service without your consent and without notice to you.
These Terms of service shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any dispute or claim arising out of or in connection with these Terms of service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
The parties to this agreement, we and the Users, hereby clarifies the following in relation to Apple Inc. ("Apple"):