Disclaimer
Food Standards Scotland is pleased to make the MenuCal service available to you on the terms set out below. Please read these terms carefully before using the MenuCal service.
By using the MenuCal service on this website or clicking on the “Accept” button below you agree to these terms which will bind you and your employees, affiliates and agents.
If you do not agree to these terms, please discontinue use of the MenuCal service and ensure that your profile is deactivated.
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Agreement
These terms of use (the "Agreement") constitute a legally binding agreement between the Food Standards Scotland ("FSS") and you concerning your use of FSS's MenuCal service (the “Service”). The Service is made available at www.menucal.fss.scot (the "Website"). By using the Service, you represent and warrant that you understand, and agree to be bound by this Agreement. If you do not understand this Agreement, or do not agree to its terms, you may not use the Service.
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Availability of the Service
The Service is made available on a temporary and purely voluntary basis. FSS do not guarantee that the Service will always be available or that its availability will be uninterrupted. FSS may suspend, withdraw, discontinue or change all or any part of the Service without notice. FSS will not be liable to you if for any reason the Service is unavailable at any time or for any period.
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Licence
Subject to your compliance with the terms of this Agreement, FSS grants you a temporary, non-exclusive, non-transferable, revocable, non-sublicensable, personal licence to use the Service. The Service (or any output of the Service) may not be reproduced, made available (or otherwise duplicated, copied, modified, distributed) for any purpose other than conveying food nutrition and calorie information to you without the express written consent of FSS. The licence granted under this Agreement is contingent on your compliance with the terms of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate. Notwithstanding your compliance with this Agreement, FSS reserve the right to terminate this licence at any time without stating a reason for doing so.
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Intellectual Property
This Agreement does not grant you any rights whatsoever to content in the Service or to any intellectual property in the Service (or in any data or content produced by your use of the Service). You acknowledge and agree that you have no rights whatsoever in any of the intellectual property associated with the Service (or its output). You further acknowledge and agree that the source and object code behind the Service are the intellectual property and proprietary information of FSS and/or its licensors. All rights in and to the Service not expressly granted in this Agreement are hereby reserved and retained by FSS. All marks, trademarks, graphics, logos and domain names appearing on the Website or associated with the Service are proprietary to FSS or its licensors. Neither your use of the Service, nor this Agreement, grant you any right, title or interest in or to, or any licence to reproduce or otherwise use, these marks. All content, material, output or arrangement of data available through the Service are either owned by FSS or are the property of FSS’s licensors. Except as to the use explicitly provided for herein, neither your use of the Service nor this Agreement grants you any right, title or interest in or to any such materials. FSS acknowledges that it does not, and is not entitled to, obtain any intellectual property rights over any information provided by you through your use of the Service nor is FSS entitled to reuse any information provided by you other than non-confidential information you provide at registration for the Service.
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Nutritional/Calorie Information
Any information of any type (including nutritional/calorie information) which is obtained from the Service is presented to you for guidance purposes only and should not be relied on. FSS does not: (i) warrant the accuracy, comprehensiveness, or utility of any information obtained from the Service; or (ii) assume, endorse or accept responsibility for the accuracy or reliability of any such information. Under no circumstances will FSS be responsible for any loss or damage resulting from your reliance on information or other content obtained through the Service. The information which you obtain by using the Service will be determined to a large extent to the data which you input. We encourage users to evaluate the accuracy, relevance and completeness of their results themselves and where necessary seek appropriate expert advice. FSS's food calorie database contains nutritional information from a number of sources. For further information on some of these sources, please see the Acknowledgements section of the Website.
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User Information
You are required to complete a registration process in order to access and use the Service. You represent and warrant that all user information which you provide during the registration process is complete and accurate. You will also be asked to provide a user name and password in connection with your use of the Services. You are responsible for maintaining the confidentiality of this password. You may not use the user name or password of any other user at any time. You agree to notify FSS immediately of any unauthorised use of your user name or password. FSS will not be liable for any loss that you incur as a result of someone else accessing the Service using your user name and password. You are responsible for all activity which takes place using your user name and password (including where your user name and password is used by a third party).
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Confidentiality
FSS undertakes that it shall treat and hold as confidential all confidential information (“Confidential Information”) (as reasonably so designated by you and so accepted by FSS or which FSS acknowledges as inherently confidential (especially recipes) and which has not ceased to be confidential, for example, by being put or brought into the public domain other than on foot of unauthorised disclosure by FSS by reference to the terms of this Agreement) provided by you through your use of the Service and shall not at any time disclose such Confidential Information unless required to do so by law or under regulation. Prior to making any such disclosure, FSS would endeavour (save in cases of utmost urgency) to consult you in relation to any such disclosure. FSS would not hold such Confidential Information or other information longer than would be reasonably necessary in connection with your use of the Service. For the avoidance of doubt, this constitutes an agreement as to confidentiality in respect of the Confidential Information for purposes of section 36 of the Freedom of Information (Scotland) Act 2002.
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Security of Information
FSS will take reasonable steps to ensure that all Confidential Information collected via the Service is stored in a secure environment and only authorised FSS personnel (staff or agents) may have access to it on condition that its confidentiality shall be observed by them in accordance with this Agreement. Transmissions sent to or from FSS are routinely monitored for quality control and systems administration. However, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that your Confidential Information is compromised as a result of a breach of security, FSS will promptly notify you. Accordingly, while FSS will endeavour to protect the security of your Confidential Information FSS and its agents will not be legally liable if such confidentiality is breached.
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Privacy Statement
FSS is acutely aware of its responsibilities under the Data Protection Act 2018 and the General Data Protection Regulation (EU) No2016/679 (the "GDPR"). For further information on the way in which personal data which may be submitted to the website is processed, please see our Privacy Statement available at https://www.foodstandards.gov.scot/privacy/privacy-statement
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Disclaimer and Limitation of Liability
Indemnity You knowingly and freely assume all risk when using the Service. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless FSS, its licensors, successors and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website and Services; or (iii) your violation or alleged violation of any copyright, trademarks, or other intellectual property or proprietary rights.
No Warranties
FSS, on behalf of itself and its third-party licensors, hereby disclaims all warranties in respect of the Service to the fullest extent permitted by law. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, FSS, on behalf of itself and its third-party licensors expressly disclaims any and all warranties, express or implied, regarding the Service, including, but not limited to, any implied warranties of fitness for a particular purpose. Neither FSS nor its third-party licensors warrants that the Service will meet your requirements or that the operation of the Service will be error-free or uninterrupted.
