BITEMOJO TERMS OF USE

Welcome to Bitemojo, operated by Culinary Ventures Ltd. (the “Company”). The Company and/or its affiliates provide website features and other products and services to you when you visit or shop at bitemojo.com, use Company products or services, use the Company’s Bitemojo mobile application, or use software provided by the Company in connection with any of the foregoing (together with the mobile application, the “Bitemojo Software”, and collectively with other products or services, “Bitemojo Services”). The Company provides the Bitemojo Services subject to the following Terms of Use.

By using Bitemojo Services, you agree to these conditions. Please read them carefully.

We offer a variety of services, and sometimes additional terms may apply. When you use a Bitemojo Service (for example, managing your profile, purchasing Bite Cards,redeeming Bite Cards for tastings (“Bites”) or using the mobile application) you also will be subject to the guidelines, terms and agreements applicable to that Bitemojo Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of Bitemojo Services and is incorporated into these Terms of Use, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Bitemojo Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Bitemojo Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY RIGHTS

All content included in or made available through any Bitemojo Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trademarks and software, and any rights relating to the Bitemojo mobile application, is the property of the Company or its content suppliers and protected by international copyright or other laws. The compilation of all content included in or made available through any Bitemojo Service is the exclusive property of the Company and protected by international copyright laws.Bitemojo trademarks are not to be used in connection with any product or service not provided by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Bitemojo Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Bitemojo Services. This license does not include any resale or commercial use of any Bitemojo Service (including Bite Cards), or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Bitemojo Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No Bitemojo Service, nor any part of any Bitemojo Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the term “bitemojo”, the Company’s name or trademarks without the express written consent of the Company. You may not misuse the Bitemojo Services. You may use the Bitemojo Services only as permitted by law. The licenses granted by the Company terminate if you do not comply with these Terms of Use or any Service Terms.

YOUR ACCOUNT

If you use any Bitemojo Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Bitemojo Services only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You are aware that personal details provided by you, insofar as such is provided, shall be stored in a database properly administered by the Company, unless otherwise stated, and that it may be necessary to forward these personal details to vendors or other third parties for the purposes of, and in the course of using, the Bitemojo Services. In such an event, the instructions and regulations of the third parties shall apply to the personal details, and unless otherwise stated, the Company shall not bear liability for, and/or have control over, such details. You hereby undertake that any information which may be required from such third parties by the Company or any associated body, for the purpose of goods or services ordered via the Bitemojo Software, shall be true and complete.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

NO RETURNS OR REFUNDS 

All items purchased from the Company are delivered within minutes via the device on which it was purchased. All sales are final. The Company does not accept returns or issue full or partial refunds for any unused Bite Cards or Bites, or for tours or other Bitemojo Services not utilized.

BITE DESCRIPTIONS

All Bites and tours are designed by the vendors preparing the Bites or conducting the tours (“Vendors”) in cooperation with Bitemojo staff. The Company attempts to be as accurate as possible in its description of the Bites and tours offered, but are subject to change based on the availability and conditions of each day. However, the Company does not warrant that descriptions or other content of any Bitemojo Service is accurate, complete, reliable, current, or error-free.

The Company does not warrant that any Bites are free of nuts or other allergens. If you have a known allergy, intolerance, sensitivity, or any other dietary restrictions, including those relating to health or religion, it is your responsibility to inquire with each Vendor about the ingredients in your specific Bite. The Company is not responsible and will not be liable for any damages caused by any allergic reaction, whether from a previously known or unknown allergy or allergen, resulting from the consumption of or contact with a Bite or from any other physical or health-related damage resulting from or relating to a Bite. If you have any doubt about whether a specific Bite complies with your dietary restrictions, Bitemojo recommends that you do not consume the Bite and you do so at your own risk.

APP PERMISSIONS

When you use the Bitemojo app, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions or to change them, please refer to your mobile device’s settings.

VENDORS

The Company works with Vendors to provide you with quality Bites, tours and other products. The Company does not act as a representative or agent of any of its Vendors or affiliates. We may provide links to the sites of Vendors or affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BITEMOJO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BITEMOJO SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BITEMOJO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BITEMOJO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BITEMOJO SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE BITEMOJO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BITEMOJO SERVICES, THE COMPANY’SMOBILE APPLICATION OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BITEMOJO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BITEMOJO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using any Bitemojo Service, you agree that the laws of the state of Israel, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. You agree that the all disputes will be settled in the courts of Jerusalem, Israel and submit to their jurisdiction. You agree that any dispute proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time without notification to you. Any modification to these terms will be binding upon publication. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Additional Bitemojo Software Terms

  1. 1. Use of the Bitemojo Software. You may use Bitemojo Software solely for purposes of enabling you to use and enjoy the Bitemojo Services as provided by the Company, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Bitemojo Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Bitemojo Software or otherwise assign any rights to the Bitemojo Software in whole or in part. You may not use the Bitemojo Software for any illegal purpose. We may cease providing any Bitemojo Software and we may terminate your right to use any Bitemojo Software at any time. Your rights to use the Bitemojo Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms. All software used in any Bitemojo Service is the property of the Company or its software suppliers and protected by international copyright laws.
  2. 2. Use of Third Party Services. When you use the Bitemojo Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. 3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Bitemojo Software, whether in whole or in part, or create any derivative works from or of the Bitemojo Software.
  4. 4. Updates. In order to keep the Bitemojo Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.