"And it Has" App Service Terms

Posted: August 6, 2019

Effective: August 6, 2019

We, Points Covered Limited, a United Kingdom limited company, offer a food menu, allergy and ingredient software service called “And it Has”. By accessing or using the product, app or services (the “Software) owned or operated by Points Covered Limited, you are accepting and agreeing to be bound by the terms and conditions set forth below (these "Terms").

We may modify the Terms at any time, in our sole discretion. If you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

We provide a software service and are not responsible for the location and menu information (the “Content”) delivered by this service. Instead the organisation that owns the account in which the Content has been entered is responsible for the factual accuracy of the Content. If you have any concerns about the accuracy of the Content presented in the app, please discuss your concern with a member of staff at the business you are visiting.

We will use reasonable efforts to correct any discovered issues in the Software. Our Software is provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the Software will be provided uninterrupted or error-free.

If you provide any suggestions, ideas, feedback, feature requests, or recommendations to us regarding our Software ("Feedback"), we will treat it as non-confidential and non-proprietary to you. Thus, in the absence of a written agreement with us to the contrary, you agree that you will not submit to Points Covered Limited any information or ideas that you consider to be confidential or proprietary. You understand and acknowledge that we will own and may use the Feedback provided by you to further improve or enhance our Software.

Accordingly, you agree to and hereby assign to us the Feedback (including all intellectual property rights contained therein and any modification or improvements thereof, by whomever made). By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

To the maximum extent permitted by applicable law, we disclaim all warranties regarding the software, whether express, implied, or statutory, including warranties of title, merchantability, fitness for any particular purpose, or non-infringement. If applicable law requires any warranties with respect to our software, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.

Except to the extent required by law, we will not be responsible for any lost profits, revenues, or data, cost of substitute goods or services, or any indirect, special, consequential, exemplary, or punitive damages, however caused and regardless of the theory of liability, related to or arising out of these terms or your use of the products, app or service, even if we have been advised of the possibility of such damages. To the extent permitted by law, our total liability for any claim related to or arising out of these terms or your use of the products, app or service, is limited to the amount paid by you for the product in the 12 months before the claim arose.

Subject to your compliance with these Terms, Points Covered Limited grants you a personal, non-exclusive, non-transferable limited license to use the Software, download and install a copy of the Software and app (the "App") on a mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes.

We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.

These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the United Kingdom, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.