saveful APP
TERMS & CONDITIONS
1. INTRODUCTION
The Saveful App (“App”) is an application designed for compatible iPhone and Android devices. It provides access to products and services offered by the Saveful Group and Third Party providers.
Your use of the App is subject to these Terms and Conditions (“Terms”). Please do not download or use the App unless you have read and understood these Terms.
References to “you”, “yours” and “Users” is a reference to a person using the App.
In these Terms a reference to the singular includes the plural and vice versa.
In these Terms, words that are capitalised have the meanings as defined throughout and otherwise have the following meanings:
"App Content" means the content available in the App including product and services information, advice, advertising, text and graphics
"App Passcode" means any password chosen by you for the App
"App PIN" means any numeric code chosen by you for the App
"Mobile Device" means an electronic device in which the App can be downloaded, and includes smartphones and tablets
"Mobile Device Passcode" means anything required to unlock a Mobile Device including a password, passcode, pattern or biometric identifier (where applicable)
"Security Code" means App Passcode, App PIN, Mobile Device Passcode, and any biometrics login information
"Saveful Group" means Saveful Worldwide Pty Ltd (ACN 164 032 811) and its subsidiaries and related companies
"Third Party" refers to an entity which is not a Saveful Group entity
"Third Party App" means an app owned and operated by a Third Party
"Third Party Site" means a website owned and operated by a Third Party.
Saveful owns or licences all intellectual property rights in the App, other than as expressly stated otherwise in these Terms.
2. WHO OPERATES THE APP
Australian companies in the Saveful Group currently operate the App. A reference to "we", "us" or "our" is a reference to each of the companies of the Saveful Group either collectively or individually (depending on the context).
3. THIRD PARTY PROVIDERS
We have relationships with third party product and service providers and some of the products and services may be advertised, viewed or accessed through the App, including links to websites or apps owned and operated by a Third Party. These services and products may either be provided under our brand or the brand of a Third Party.
App Content may be displayed within the App, it may link to our websites or it may link Third Party Sites or Third Party Apps. When you follow a link to content not included in the App, a separate browser or app will open for you to view this content. This content could be hosted on our site, a Third Party Site or a Third Party App and external websites or apps not operated or controlled by us are subject to the terms and conditions of the Third Party content provider.
You may be asked to consent to specific terms and conditions relevant for some App Content. These Terms should be read subject to any such specific terms where there is any inconsistency.
We accept no liability for any content provided by Third Parties, the provision of Third Party services or products accessed through the App or your ability to access third party websites or apps through the App. We do not guarantee the products and services available from Third Parties and accessed through the App.
Third Parties may also collect your personal information, which is addressed further below.
4. ACCESS TO THE APP
To register for the App you must select an App Passcode or use a biometric login if this functionality is available on your Mobile Device. Security Codes enable access to your products and services and must not be disclosed to anyone. We recommend you setup a Mobile Device Passcode on your Mobile Device itself, in addition to the App Passcode to prevent unauthorised access to your Mobile Device.
Mobile Devices logged into the App should not be left unattended and we suggest you ensure that you log out of the App when not using it and to lock your Mobile Device when it is not in use.
You should only install authorised and authentic applications on your Mobile Device and not override the software lockdown on your Mobile Device (for example, by ‘obtaining root access’ on an Android device and ‘jailbreaking’ on an Apple device).
5. ACCURACY OF APP CONTENT & RESTRICTIONS ON USE OF THE APP
The App is provided solely for our bona fide customers and registered users.
While we try to make sure that the App Content is accurate, up-to-date and free from errors and bugs, we can’t promise that it always will be. We also can’t promise that the App Content will be fit or suitable for any purpose. While a recipe may be designed to be free of certain ingredients or allergy free, we cannot guarantee that it is 100% safe, particularly regarding cross-contamination, expiration dates, use-by-dates and variations in ingredients. If you use or rely on any App Content, you do so solely and at your own risk.
The App Content is provided for your enjoyment only and is not nutritional, medical or health care advice or any other type of advice and you shouldn’t rely on it for any nutritional, medical or health purposes.
Some App Content is generated with the assistance of artificial intelligence technologies. While we strive for accuracy, AI generated content may contain errors. We disclaim all liability for errors or omissions in content produced by AI technology.
You agree that you will not (either yourself or through any third party):
use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any web pages on any of our App, or any of the information, content or data contained within or accessible through our App, without our prior written permission
use any Automated Process to aggregate or combine information, content or data contained within or accessible through the App with information, content or data accessible via or sourced from any third party
use any information on or accessed through the App for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain
use any device, software, process or routine to interfere or attempt to interfere with the proper working of the App or any transaction or process being conducted on or through it
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to our App
reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with our App or, act fraudulently or maliciously in relation to the App or software or
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our App without our prior written permission.
6. USER GENERATED CONTENT
The App may allow you to upload, submit or share content, including but not limited to recipes, images, videos, text or other materials (“User Content”). User Content also includes but is not limited to comments, cooking tips and/or instructions you post, transmit, communicate, upload, distribute, store, create, use, or otherwise publish or share.
You acknowledge and agree that you are solely responsible for any User Content you upload and that we may remove, restrict or moderate User Content at our discretion. You may only upload User Content for personal and non-commercial use only. We accept no liability for User Content uploaded by you or any other user to the extent permitted by law. User Content represents the views of the individual user and does not necessarily reflect our views.
You retain ownership of any intellectual property rights you hold in your User Content. By uploading User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to:
host, store, reproduce and display your User Content within the App
make your User Content available to other users of the App
adapt or format your User Content for technical, accessibility or presentation purposes
use your User Content for the operation, promotion and improvement of the App (including marketing, communications and reporting).
By uploading User Content, you warrant that:
you created the User Content or have all necessary rights, licences and permissions to upload it
your User Content does not infringe any third party’s intellectual property, privacy or other legal rights
your User Content does not contain confidential information belonging to someone else
your User Content complies with all applicable laws and regulations.
You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in any content or User Content contributed by you.
You must not upload User Content that you did not create or that you do not have permission to share or that is or could be:
misleading, false or deceptive
defamatory, offensive, abusive, threatening or discriminatory
infringing intellectual property or privacy rights
promoting illegal activity or unsafe practices
containing viruses, malware or harmful code.
We reserve the right (but are not obliged) to monitor, moderate, remove or restrict access to any User Content at our discretion and/or terminate your access to the App.
We may apply artificial intelligence technologies to your User Content. While we strive for accuracy, AI generated content may contain errors. We disclaim all liability for errors or omissions in content produced by AI technology.
To the extent permitted by law, we accept no liability for:
User Content uploaded by you or other users
any reliance placed on User Content by other users
any loss, damage or claim arising from User Content.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you share.
You may not access, conduct, facilitate, enable, authorise or permit any text or data mining or web scraping in relation to User Content or any services provided via, or in relation to the App for any purpose, including the development, training, fine-tuning or validation of machine-based, artificial intelligence systems or models.
7. SPONSORED CONTENT
We may, from time to time, receive certain benefits or compensation in connection with advertising, recipes or recommendations relating to a Third Party website, service, event, product, recipe or person. We will use reasonable efforts to disclose all paid or sponsored content, but you acknowledge and agree that you engage with Third Parties at your own risk and are solely responsible for your engagement with Third Party websites, services, events, products, recipes or persons.
8. PRIVACY
Any personal information you provide us within the App will be handled according to our Privacy Policy, the terms of which are incorporated herein by reference.
Third Parties may also collect your personal information depending on your interaction with them within the App. Third Parties collect your personal information in accordance with their own privacy policies which will be available on our or their website or directly from the relevant Third Party.
If you grant the App permission to use your Mobile Device’s location information or provide your postcode, we will use and/or log this location information. This information may be shared with Third Parties to be used for security, audit, fraud and logging purposes as well as personalising some App functionality and providing you with useful information relevant to your location.
As a way of delivering relevant direct marketing content to you and curating your experience, the App utilises information we have about you, for example your product holdings and what you’ve been looking at. For instance, ‘offers’ or ‘rewards’ may be suggested based on your information. If you do not wish to receive marketing content curated in this way, you may opt-out of marketing and manage your preferences in the Settings menu. Please note this will not mean that you will cease receiving marketing material within the App, it just means any marketing you do receive will not use your information.
We accept no responsibility for the provision of Third Party privacy statements to you through the App. We may also enter into arrangements with a Third Party who will provide access to benefits programs operated and owned by them. We are not liable for any offers and rewards programs owned and operated by a Third Party which is accessible through the App.
Opting out of direct marketing does not make you anonymous. The App does not allow anonymous use.
9. GENERAL
The information provided in the App has been provided in accordance with Australian laws only.
The law applicable to the App, and to any complaints arising from the App is the law in force in the State of Victoria, Australia. By using the App, you irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia and any courts which have jurisdiction to hear appeals from such courts.
Should any term or part of these App Terms be found to be void, unenforceable or invalid, then it is severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
Any fees and charges that apply to your products or services accessible via the App will continue to apply through your use of the App. You may incur charges from your mobile service provider for downloading and using the App. We are not liable in respect of these charges and we recommend you check with your service provider prior to using the App.
Fees and charges may be varied at any time without notice except where notice is required under any law in which case we will give you the required notice. Government charges, taxes and duties may also apply.
Terms and conditions apply to all products and services described in our App and may be varied at any time without notice (where permitted by law).
Whilst reasonable steps have been undertaken to ensure that App Content is free from error, to the extent permitted by law, we do not warrant the accuracy, adequacy or completeness of App Content. All information is subject to change without notice. We do not guarantee that any App Content, linked external websites or any Third Party Site or any Third Party App will be free from viruses, or that access to any App Content, linked website or any Third Party App will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
Since electronic services are subject to interruption or breakdown, access to App Content is offered on an "as is" and "as available" basis only. We may impose limits or restrictions on the use you may make of App Content, features and functionality. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may vary or withdraw any App Content, features or functionality or part thereof) at any time and without notice to you.
Subject to any responsibilities implied by law and which cannot be excluded, the Saveful Group and our directors, employees, agents, contractors are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any App Content, Third Party Site content, Third Party App content, Third Party services, or access (or lack of access) to any website operated by any Saveful Group entity by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
Unless otherwise stated, these Terms and/or your access to the App may be terminated at any time by us and for any reason (including upon decommissioning of the App). You may terminate your use of our App at any time. However, all restrictions, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.
Upon termination of these Terms and your right to access to our App, you must not directly or indirectly access or use any part of our App.
App Content is either owned or licensed by us and is protected by copyright laws in Australia and overseas.
Except where necessary for and incidental to viewing or using the App Content via Mobile Device or App Content via your web-enabled browser or as permitted under the Copyright Act 1968 or other applicable laws, no App Content may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third-party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.
The App includes trademarks which are protected by law. We reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.
We reserve the right at any time to vary these Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our App, by publishing the varied Terms on our website or through the App. You accept that we provide you with sufficient notice of any variation by making available the current version of the Terms through the App, unless otherwise required by the law. By your use of the App after any variation, you are taken to have accepted the Terms.
10. SUBSCRIPTION & BILLING
The Platform operates on the basis of subscription tiers as published on Saveful website. In summary:
fees are payable via direct debit and in advance, unless otherwise agreed
we offer both monthly and annual subscriptions
tiers determine functionality access
Saveful may update pricing upon reasonable notice to applicable Users
failure to make or late payments may result in suspension or termination of a User at the absolute discretion of Saveful.
If a monthly subscription is selected, the minimum membership period is one (1) month. A monthly subscription will continue on a rolling monthly basis unless the User cancels or we terminate the User’s subscription in accordance with these Terms.
If an annual subscription is selected, the minimum membership period is one (1) year. An annual subscription will continue on a rolling annual basis unless the User cancels or we terminate the User’s subscription in accordance with these Terms.
To subscribe, a user must complete the registration process as prompted by us. By subscribing, the User agrees to submit accurate, current and complete information and promptly updates such information. If we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the User’s subscription. User accounts cannot be “shared” or used by more than one individual unless agreed to by us.
A User is solely responsible for any and all activities that occur under its account and ensuring that they exit or log-off from the account at the end of each session of use. The User must notify us immediately of any unauthorised use of their password or account or any other breach of security that is known or suspected by them.
A subscription begins as soon as a subscription payment is successfully received by us. Subscribers agree to pay all fees or charges for a subscription in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Unless stated otherwise, fees are charged in Australian dollars and are expressed inclusive of GST. Subscribers must provide us with valid credit card information as a condition to subscribing.
Our subscription services are provided either on a monthly basis and renew each month, or on an annual basis and renew each year. To provide continuous service, we automatically renew all paid subscriptions when the next payment is due. By subscribing and providing us with credit card details, a subscriber authorises us to charge its credit card the relevant fee at the current subscription rate. Subscribers authorise us to store their payment method(s) and to automatically charge their payment method(s) when the relevant fees are due. until they cancel or change a subscription.
We may change subscription rates at any time and shall notify subscribers of the change at least 30 days in advance with the option for a subscriber to cancel before the changes take effect (“Pricing Change”). Continued subscription by a subscriber after any such changes take effect (which will be from the next monthly or annual period depending on the subscription type) shall constitute consent to such changes. If a subscriber does not want to accept the changes, subscribers are entitled to terminate any ongoing subscription affected by written notice to us before the changes take effect.
We may make available or send documents and information to subscribers, including invoices, by means of an electronic communication. Subscribers acknowledge that we are not liable in respect of:
any error, omission or loss of confidentiality arising from an electronic communication
any unauthorised copying, recording or interference with a document
any delay or non-delivery of a document or
any damage caused to systems or files by such electronic transmission (including by any computer virus).
Subscribers agree to provide us with complete and accurate billing and contact information. This information includes name, street address, e-mail address, and name and telephone number of an authorised billing contact. Subscribers agree to update this information within 5 business days of any change to it. If the contact information provided is false or fraudulent, we reserve the right to terminate a subscription in addition to any other legal remedies.
If a subscriber’s primary payment method fails, we are authorised to charge any other payment method in the subscriber’s account. A subscriber must ensure that the details of its credit card remain up to date and accurate. If we are unable to collect any fees or charges payable for any reason including, without limitation, expiry or lack of funds, subscribers remain responsible for any uncollected amounts and we may suspend or cancel a subscription without giving notice.
If a subscriber has not provided us with a back up payment method(s) and/or fails to provide payment, or if payment methods fail, we may suspend or cancel a subscription.
A subscriber’s bank may require a subscriber to authenticate a purchase using a password, a one-time code, or biometric or other recognition. When a subscriber authenticates a purchase, it also authorises us to charge the payment method for any additional purchases without providing us further payment information or other instructions (i.e. we will initiate future payments independently). Such additional purchases may occur when we automatically charge a payment method in connection with a recurring subscription or when a subscriber adds or changes its subscription.
Subscribers agree that we will not be liable for any loss caused by any unauthorised use of a credit card or any other method of payment by a third party in connection with a subscription. Subscribers waive their right to dispute any payment made into their account and will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with a subscription, or any failure by a subscriber to honour charges or requests for payment may result in immediate termination of subscription and/or blocking of a subscription. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
11. ACCEPTABLE USE
Users must not:
publish unsafe, misleading or unlawful material on the App
upload data in breach of Saveful’s privacy policy
use the App unlawfully or in breach of these Terms
interfere or attempt to interfere with or circumvent App security or functionality.
Saveful may suspend or prohibit User access in its absolute discretion.
12. INDEMNITY
Each User agrees to indemnify Saveful against claims arising from:
breach of these Terms
regulatory non-compliance
User Content
use and misuse of the App and the App Content.
13. SUSPENSION & TERMINATION
Saveful may suspend or terminate User access as its sole discretion, including but not limited to where:
fees are unpaid
these Terms are, in its view, breached by a User
misuse or unsafe conduct occurs
legal or regulatory risk arises.
Users may cancel subscriptions via their account. If a subscriber:
cancels a subscription, access will run out at the end of the payment term
changes a subscription to a higher fee level subscription, the subscriber will be charged the higher fee from the time the change is initiated
changes a subscription to a lower fee level subscription, the higher fee level subscription will run out at the end of the current payment term.
Refunds will only be offered in the limited circumstances set out in these Terms. No refunds will be given if a subscriber cancel a subscription:
before the end of your subscription term or
as a result of a Condition Change or Pricing Change after the change takes or is deemed to take effect.
If a subscription commenced with a free trial and a subscriber cancels during the free trial period, cancellation is effective immediately and access will be disconnected from the date of cancellation.
14. CHANGES TO THE APP
Saveful may:
modify and/or remove or add features
update subscription tiers
change reporting functionality.
If we make changes that negatively impact your subscription (a “Condition Change”) we will notify you in writing at least 30 days before those changes take effect with the option for you to cancel your subscription before the changes take effect. Your acceptance and/or the payment of further instalments due after the date the Condition Change takes effect is deemed acceptance of the Condition Change. If you do not want to accept the Condition Change, you are entitled to terminate any ongoing subscription by contacting us before the Condition Change takes effect. Your cancellation will be effective at the end of your current billing cycle.
15. ACCESS OUTSIDE OF AUSTRALIA
Where access to the Platform is obtained outside of Australia, local compliance obligations remain with the User.