PLEASE READ THESE TERMS CAREFULLY
By tapping on the toggle to “Accept” the Terms, ticking the checkbox to “Accept” the Terms, or by continuing to access the Services, you agree to these Terms. If you do not agree to these Terms, please do not access the Services or purchase a Subscription. By downloading or using the app, these Terms will automatically apply to you.
INFORMATION ABOUT US
We are registered in England and Wales under company number 07237986. Our VAT number is 995652854.
RESTRICTIONS & INTELLECTUAL PROPERTY RIGHTS
You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Chello Publishing Limited.
Chello Publishing Limited is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware, viruses and malicious programs, compromise your phone’s security features and it could mean that the Carbs & Cals app won’t work properly or at all.
THIRD PARTY PROVIDERS
The app does use third party services that declare their own terms & conditions:
You should be aware that there are certain things that Chello Publishing Limited will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be WiFi or provided by your mobile network provider, but Chello Publishing Limited cannot take responsibility for the app not working at full functionality if you don’t have access to WiFi and you don’t have any of your data allowance left.
If you’re using the app outside of an area with WiFi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Chello Publishing Limited cannot always take responsibility for the way you use the app. For example, you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Chello Publishing Limited cannot accept responsibility.
DISCLAIMER & NON-RELIANCE
WARNING: The app is not intended to replace medication or advice from your GP or a healthcare professional. The app is not aimed at providing specific advice to any individual.
The app should not be relied upon by you in making (or refraining from making) any decisions regarding your health or wellbeing. You must consult your GP or another appropriate healthcare professional before making any significant change to your diet or medication or refraining from any course of action or treatment arising out of your use of the app.
The Services we provide to you, including any dietary recommendations, may be based on the information you submit to us such as about your weight, height and physical activity level. No part of the app is intended as healthcare advice or diagnosis. The app is limited to providing you with general information and general dietary recommendations.
With respect to Chello Publishing Limited’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Chello Publishing Limited accepts no liability for any loss, direct or indirect, you experience as a result of relying on the functionality of the app.
Although we will make all reasonable efforts to ensure that information provided through the Services is as accurate and up to date as possible, we do not make any representations, warranties or guarantees, whether express or implied, that information made available to you via the Services is accurate, complete or up to date and on this basis, we accept no liability for any loss or damage caused by inaccurate information. If you discover any inaccurate information on the app please let us know.
You must be at least 16 years of age to purchase a Subscription and to access the Services. If you choose to access the Services from outside the United Kingdom, you are responsible for your compliance with local laws for that country if and to the extent that local laws are applicable.
PLANS & PAYMENT
The Starter Plan is free and does not require any payment. If you choose the Unlimited Plan you will need to pay your initial Subscription fee (which will be the fee indicated on the page where you purchase the Subscription). This includes VAT and is non-refundable. Thereafter, subject to your right to cancel detailed below, we will automatically charge the same payment method for your subsequent Subscription fees (whether monthly or annually).
To start a paid subscription for the Unlimited Plan, you can do either of the following:
- Start a free trial (see below) where you will automatically start a paid monthly or annual subscription at the end of the free trial period.
- Make an in-app purchase from within the app, and choose to pay monthly or annually.
A free trial of the Unlimited Plan is available to anyone that has not previously started a free trial or purchased the app. The free trial enables you to try the Unlimited Plan for free without any commitment. The free trial lasts for 1 week if you choose to pay monthly after the free trial ends, or 2 weeks if you choose to pay annually after the free trial ends. Unless you cancel before the end of the free trial, you will automatically start a paid subscription when the free trial ends, and be charged either the monthly or annual fee on a recurring basis.
You can cancel your paid subscription at any time. To cancel your subscription, please see the Google Play and Apple App Store instructions. After cancelling, you will not be charged any further payments, and will lose access to the Unlimited Plan after your paid period ends (i.e. at the end of the month or year that has been paid for). You can start a new subscription at any time and choose to pay monthly or annually to regain access to the Unlimited Plan. Please note you will not be able to start a free trial if you have previously paid for a subscription.
We intend to make regular updates to the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Chello Publishing Limited does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
CHANGES TO THE TERMS & CONDITIONS
We may update our Terms & Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms & Conditions on this page. These Terms & Conditions are effective as of July 2021.
If you have any questions or suggestions about our Terms & Conditions, do not hesitate to contact us at firstname.lastname@example.org
PUBLISHING & COPYRIGHT INFO
Published by Chello Publishing Limited
Copyright © 2010 – 2021 Chello Publishing Limited
RIGHTS & LIABILITY
All rights reserved. No part of this work may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without the prior written permission of the publishers. Although all reasonable care has been taken in the compilation of this App, the publishers, authors and developer cannot accept any liability for any consequences arising from the use of the information contained within this App. It is absolutely essential that you realise that Carbs & Cals is intended as a guide reference only. The portions of food & drink you consume will not be precisely the same as the images shown in the App, in both size and ingredients used. The app is not intended to be a medical device and if the information within the app is used to calculate insulin doses or for any other medical purpose, you agree that this is being done at your own risk and you take full responsibility for the outcome. Neither Chello Publishing Limited, or its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of Carbs & Cals. The total liability of Chello Publishing Limited, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of Carbs & Cals are hereby excluded even if Chello Publishing Limited or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.