We may make changes to these Terms at our discretion. Any changes to the Terms will be updated and available for review on our website at www.foodeye.com. You are responsible for keeping informed of any changes to these terms by reviewing the above site regularly.
1.1 “Images in Space” shall mean Images in Space Limited, its directors, any agents or employees thereof.
1.2 “Foodeye” shall mean the Foodeye mobile application and any other version of the Foodeye application which may be released by Images in Space Limited, and any supporting websites.
1.3 “User” shall mean the person entering into an agreement with Images in Space by accepting these Terms and shall also mean the person logging onto Foodeye.
2.1 By using Foodeye you will gain access to information for a large volume of grocery items stocked in New Zealand stores. Such information includes, but is not limited to:
- Nutritional Panel Information;
- Allergen warnings;
- Nutritional, health and marketing claims;
- Endorsements and
- Country of origin.
2.2 The information is made accessible to you via Foodeye for the purpose of making your own informed decision for product purchases by enabling you to search and compare products based on your own personal requirements and search criteria.
2.3 The information provided by Foodeye should be used as a guide only and not relied upon as a substitute for professional health/medical advice. Images in Space recommend that you consult an appropriate professional for medical and dietary advice.
2.4 The information has been sourced and collated from product packaging by Images in Space. Inaccuracies and typographical errors may occur from time to time. Images in Space do not warrant the accuracy of the information and takes no responsibility for it. All Users should personally verify information provided by the application against the physical product packaging at the time of purchase.
Liability, Indemnity and Disclaimers
3.1 Images in Space make no express or implied representation or warranty of any kind relating to the services and application. Use of Foodeye is at your sole discretion and risk.
3.2 Images in Space will not be liable for any loss or damage of any kind whatsoever, arising from the supply of Services by Images In Space to the User, including consequential loss whether suffered or incurred by the User or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Images In Space to the User.
3.3 You agree to indemnify Images in Space from and against all claims, liabilities, damages and losses whatsoever, including, but not limited to legal and accounting fees that arise directly or indirectly out of your use of or access to the services provided by Foodeye.
4.1 In the course of using Foodeye, you may provide us with personally identifiable information (“Personal Information”). This is information about you that can be used to contact or identify you, including, but not limited to, your name, your email address, age and gender. We use your Personal Information to provide a better User experience and to analyse and understand how Foodeye is being used. We will not share or disclose your Personal Information with any third party without your consent.
4.2 Non-identifying identifiable information (“Non-Identifying Information”) may be disclosed to third parties for the purpose of industry analysis, demographic profiling and other purposes. Certain Non-Identifying Information may be considered Personal Information when combined with other information that enables you to be identified. The information is considered non-identifying when taken alone, at an aggregate level, or combined only with other non-identifying information. Third parties for which disclosure of Non-Identifying Information may be made include, but are not limited to, suppliers, advertisers, research companies and other organisations. Any information shared in this context will not contain your Personal Information.
4.3 We may employ third parties to perform services related to Foodeye. This may include, but is not limited to maintenance services, database management, analysis and improvements of Foodeye’s features. Where third parties employed by Images in Space have access to your Personal Information, they will be obliged to enter into a confidentiality/non-disclosure agreement.
4.5 By agreeing to these Terms, you are agreeing to receive newsletters, marketing and promotional material. If you decide at any time that you no longer wish to receive such communications from us, simply update your “User preferences” information or follow the unsubscribe instructions contained in the communication.
4.6 If you set up your account with “push notifications” turned on you are agreeing to receive information and new product releases relevant to any preferences set up by you. If you do not wish to receive these push notifications, you can turn off this setting at any time.
5.1 Images in Space owns, controls or reserves all rights (including copyright) in and to all information, text, material, graphics, advertisements, software code, databases and data comprising Foodeye (“the Foodeye Property”).
5.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, broadcast, show or play in public, distribute or create a derivative work from the Foodeye Property in any way except expressly authorised in writing by Images in Space. This prohibition does not extend to any content which is expressed to be freely available for re-use or replication, subject to any conditions specified by Images in Space.
5.3 You indemnify Images in Space against any claims, liabilities, damages, expenses and losses whatsoever suffered or incurred in connection with any claim, action, demand or proceeding alleging that the publication, use or display of any content in connection with your use of Foodeye. Infringes the intellectual property rights of any other person.
5.4 Unless otherwise indicated, you are authorised to download and view any content, and use the software comprising Foodeye, provided that all copyright and other proprietary notices are kept intact.
5.5 You must not exploit the Foodeye Property for commercial purposes. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with material downloaded from Foodeye, including any software, program codes, files, images and data.
5.6 The inclusion of information about a product in Foodeye must not be interpreted as an association with, or endorsement of that product by Images in Space.
6.1 You can terminate your account at any time by logging into www.foodeye.com and clicking the “deactivate your account” button.
6.2 If you breach any of these Terms, Images in Space will have the right to suspend, disable or terminate your access to Foodeye at its sole discretion and without prior notice to you. Images in Space will not be liable to you or any third party for termination of your access or use of Foodeye.