QuickkaCalories

By using WeightMate, QuickkaCalories, QuickkaCalories Pro and/or the QuickkaCalories Website (together the "Apps"), you agree to be bound by the QuickkaCalories Terms of Use and Privacy Policy. If you use Quickka.com you must be a registered customer of Quickka Limited (you can register at the Quickka Website www.quickka.com), and your use of Quickka.com is also subject to the Terms & Conditions and Privacy Policy on the Quickka Website.

Terms of Use

Apps Use.

Quickka SPV1 Limited ("Quickka") grants you the right to use the Apps for your personal, non-commercial use only. You may not modify copy, publish, licence or sell any information or software associated with the Apps or with Quickka. You may not rent, lease or otherwise transfer rights to the Apps. You may not use the Apps in any manner that could impair Quickka's operations in any way or interfere with any party's use or enjoyment of the Apps. You agree that you will use the Apps in compliance with all applicable laws. Your right to use the Apps will terminate immediately if you violate any provision of these Terms of Use.

You may not use any deep-link, scrape, bot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Apps, or in any way reproduce or circumvent the navigational structure or presentation of the Apps, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Apps. Quickka reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Apps, or any other systems or networks connected to the Apps or to any Quickka server, or to any of the services offered on or through the Apps, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Apps or any network connected to the Apps, nor breach the security or authentication measures on the Apps or any network connected to the Apps. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Apps, or any other customer of Quickka or Quickka.com, including any Quickka account or Quickka.com not owned by you, to its source, or exploit the Apps or any service or information made available or offered by or through the Apps, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Apps.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Apps or Quickka's systems or networks, or any systems or networks connected to the Apps or to Quickka, including those of Quickka.com.

You may not use the Quickka trademark or any of its logos. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Quickka on or through the Apps or any service offered on or through the Apps. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Apps or any App content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Quickka or others.

You may not use anyone else's Quickka ID, password or account at any time without the express permission and consent of the holder of that Quickka ID, password or account. Quickka cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

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Eatwell Plate Use.

The Eatwell Plate is crown copyright material and reproduced with the permissions of the Controller of HMSO and the Queen's printer for Scotland. It is reproduced in the Apps under the terms of the Click Use Licence. You agree not to do any act which you might reasonably expect would cause Quickka to breach the terms of that licence.

QuickkaCalories Pro.

The barcode scanner is provided under licence from Occipital LLC, a Delaware limited liability company. You agree not to do any act which you might reasonably expect would cause Quickka to breach the terms of that licence. Quickka may release updates to the barcode scanner provided by Occipital from time to time in its sole discretion.

Links to Other Sites and to Quickka.com.

The Apps may contain links to other independent third-party web sites. These sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Quickka's control, and Quickka is not responsible for and does not endorse the content of such sites (other than quickka.com or any website under control of Quickka Limited), including any information or materials contained on such sites. You will need to make your own independent judgment regarding your interaction with these sites.

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In-App Purchases.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Apps, including videos, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Apps or for any service offered on or through the Apps, the latter terms shall control with respect to your use of that portion of the Apps or the specific service.

Quickka's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in any App should be construed to alter such agreements. Quickka may make changes to any products or services offered in the Apps, or to the applicable prices for any such products or services, at any time, without notice. The materials in the Apps with respect to products and services may be out of date, and Quickka makes no commitment to update the materials on the Apps with respect to such products and services.

Blogs, Ideas, and Feedback.

Quickka welcomes your comments via its blogs, ideas and support functionality. This is your data but you agree that Quickka may use or redistribute the posts and their contents for any purpose and in any way without compensation to you; and that there is no obligation for Quickka to review the post or keep any post confidential.

Contracting Party.

Quickka is provided to you by Quickka SPV1 Limited, with registered address at 40A Queens Gate Terrace, South Kensington, London SW75PH.

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Intellectual Property.

You acknowledge that Quickka owns all rights, title and interest in and to the Apps, and in the material produced in them, including all rights under patent, copyright or trade mark and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You agree not to copy, modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Apps.
No Warranties. Quickka disclaims responsibility for any harm resulting from your use of the Apps. The Apps are provided "as is" and Quickka expressly excludes to the fullest extent permitted by law all conditions, warranties and other terms whether express or implied by statue, common law or the law of equity, including without limitation the warranties of fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the Apps. You agree that you download and use the Apps at your own discretion and risk and that you will be solely responsible for any damages to your computer system or mobile device or loss of data that results from the download or use of the Apps.

Quickka reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Apps, or any portion of the Apps, for any reason; (2) to modify or change the Apps, or any portion of the Apps, and any applicable policies or terms; and (3) to interrupt the operation of the Apps, or any portion of the Apps, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Disclaimers.

QUICKKA MAKES NO COMMITMENT TO UPDATE OR MAINTAIN THE CONTENT IN THE APPS AT ANY TIME. QUICKKA DOES NOT PROMISE THAT THE APPS OR ANY CONTENT, SERVICE OR FEATURE OF THE APPS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPS WILL PROVIDE SPECIFIC RESULTS. THE APPS AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED IN THE APPS IS SUBJECT TO CHANGE WITHOUT NOTICE. QUICKKA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES NOr THAT ANY DATA YOU UPLOAD WILL BE RECOVERABLE BY YOU FROM QUICKKA OR QUICKKA.COM.

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Weight Loss/Gain Disclaimer.

QUICKKA DOES NOT WARRANT THAT YOU WILL GAIN OR LOSE WEIGHT OR THAT ITS WEIGHT RECOMMENDATIONS ARE ACCURATE. YOU ARE RESPOSIBILE FOR CONSULTING YOUR DOCTOR IN RELATION TO ANY RECOMMENDATIONS OR ANY WEIGHT LOSS OR WEIGHT GAIN STATEMENTS MADE IN THE APPS WHETHER BY QUICKKA OR ANY THIRD PARTY. ALL QUICKKA CONTENT IS QUICKKA GUIDANCE ONLY AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPS AND ANY LINKED SITES.

WEIGHT MATE, QUICKKA CALORIES AND QUICKKA CALORIESPRO ARE NOT RECOMMENDED FOR CHILDREN.

Limitation of Liability.

YOUR SOLE REMEDY AGAINST QUICKKA IN RELATION TO THE APPS OR ANY CONTENT IS TO STOP USING THE APPS OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. Except where prohibited by law, Quickka shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, misuse, inability to use or results of the use of the Apps (including resulting from the interruption, suspension, or termination of the Apps) or any websites linked to it, including, without limitation any liability for loss of income, loss of business, loss of profits, loss of data, lost or wasted management or office time, whether such claim is based on tort (including negligence), breach of contract or otherwise (even if foreseeable). This limitation shall apply to the fullest extent permitted by law. Nothing in these Terms of Use shall limit or exclude Quickka's liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded under applicable law. In no event will Quickka be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Quickka has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Quickka is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Apps or any Content, Quickka's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees you have paid with respect to the Apps paid in the six months prior to the date of the initial claim made against Quickka, or (2) US$1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

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Indemnification.

You agree to indemnify and hold harmless Quickka and its officers, directors, shareholders, agents and employees, its affiliates and its related entitles from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Apps, any alleged violation of these Terms of Use, and any alleged violation of any applicable law or regulation.

If Quickka does take any legal action against you as a result of your violation of these Terms of Use, Quickka will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Quickka. You agree that Quickka will not be liable to you or to any third party for termination of your access to the Apps as a result of any violation of these Terms of Use.

Software or Policy Changes.

Quickka reserves the right to change or update the Apps, the Privacy Policy or these Terms of Use at any time. Changes to the Apps will take effect upon installation of the relevant update.

Governing Law & Miscellaneous.

You agree that all matters relating to your access to or use of the Apps, including all disputes, will be governed by the laws of England and Wales.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

Copyright © 2010 Quickka SPV1 Limited. All rights reserved. Updated by the Quickka Legal Team on 28 May 2010.

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