KaiWise Terms & Conditions
Preamble
The KaiWise app, website, and all related services are controlled by KaiWise Limited ("KaiWise") with its registered office at 15 Bridge Street, Nelson 7011, New Zealand.
Any written communication can be sent to the registered office of KaiWise at the address indicated above, or by email to the contact email: hello@kaiwiseapp.com
PLEASE READ THE FOLLOWING CAREFULLY:
Before registering on the App, each User must carefully read these KaiWise Terms and Conditions (hereinafter, the "Terms and Conditions") and the Privacy Policy, which form an integral part of the Terms and Conditions.
Your use of the KaiWise App and Website indicates your acceptance of these Terms and Conditions in their entirety. If you do not agree with any of these Terms and Conditions, please do not use the KaiWise App and Website. By using the KaiWise App and Website, you are deemed to have irrevocably agreed to these Terms and Conditions.
Please note that these Terms and Conditions may be revised without notice at any time. You should visit this page regularly to review the current Terms and Conditions. Your continued use of the KaiWise App and Website will be deemed as irrevocable acceptance of any revisions.
These Terms and Conditions apply to Users in New Zealand and Australia.
The Terms and Conditions govern the use of the KaiWise App and Website. Section 8 of the Terms and Conditions contains the conditions of sale, which apply only to the purchase of the Premium Version of the App.
Section 6 specifies the scope of the User's warranties and the Publisher's liability. By accepting these Terms and Conditions, the User acknowledges that the Publisher does not guarantee the accuracy, relevance or completeness of the data displayed on the App, which is provided "as is." The App provides Users with nutritional guidance of an indicative and general nature which enables consumers to be more aware of the health implications of packaged food products they consume, but does not guarantee the User better health. The App provides educational information only and does not provide medical recommendations, and is in no way intended to replace a consultation with a health professional, in particular a dietitian or a doctor. The content on the App may not be appropriate for persons who have ever experienced eating disorders. Users expressly agree to use the App at their own risk and under their sole responsibility.
1. Definitions
The following definitions are used in the Terms and Conditions:
App: the KaiWise app and all its pages and screens.
Customer: the mobile user purchasing the Premium Version on the App.
Database: the database of packaged food products rated on the App.
Party: the User or Customer, on the one hand, or the Publisher or KaiWise, on the other hand (collectively referred to as "the Parties").
Premium Version: the ad-free version of the app with enhanced features available via pay-what-you-want pricing model.
Products: the packaged food products referenced in the Database and rated on the App.
Publisher: the legal entity (KaiWise Limited) responsible for the publishing and the content of the App and the website.
Traffic-Light Rating: the colour-coded rating system (green, orange, red) obtained by applying the evaluation method developed by the Publisher.
Services: the nutritional analysis, evaluation, and educational services provided by KaiWise in relation to the Products.
Store: the online app download platform used by the Publisher to publish the App, and used by the User to download the App, namely the Google Play Store and the Apple Store.
User: the user of the free or Premium Version of the App.
Vendor: the legal entity (KaiWise Limited) that offers the purchase of the Premium Version.
Website: the www.kaiwiseapp.com website.
2. KaiWise's Mission and Independence
2.1 Purpose and Mission
KaiWise Limited is a company dedicated to empowering consumers with knowledge about packaged food nutrition and health implications.
KaiWise's purpose is to make consumers aware of the health impact of packaged food products, helping them make better choices for their health and wellbeing, while encouraging food manufacturers to improve the transparency and nutritional quality of their products.
KaiWise's mission is to pursue the following health and educational goals:
(i) To make as many people as possible aware of the health and nutritional impact of packaged food products;
(ii) To alert consumers to potentially harmful ingredients, additives, or components in packaged foods using science-based analysis;
(iii) To help consumers make better choices for their health by offering them independent, easy-to-understand nutritional guidance;
(iv) To encourage food manufacturers to improve the nutritional composition of their products.
KaiWise accomplishes its mission mainly through the KaiWise App and educational content, the operation of which is detailed below (see Section 3).
2.2 Independence
The Publisher has no contractual or financial ties of any kind with the producers and/or distributors of the Products evaluated by the App, which is completely independent:
the KaiWise App displays advertising only in the free version, with no influence on product ratings,
no brand or food manufacturer can influence the analysis of its products, nor remunerate the Publisher for highlighting these products on the App,
the Publisher does not sell any user data to third parties.
The Publisher is financed by the Premium Version of the App through its pay-what-you-want pricing model.
3. How the App Works
3.1 Database
KaiWise has its own Database, which contains packaged food products available in New Zealand and Australia (the "Products").
This Database is currently supplied by:
Product information sourced from manufacturer data and nutritional labels
Nutritional databases specific to New Zealand and Australian food products
Information corresponding to the mandatory information on product labels
The Publisher does not guarantee the complete reliability of the information regarding the composition of the Products listed in the Database, nor the complete detection of ingredients (see Section 6.3.1 below).
In fact, the information provided by the App is based on the Products' labels and available nutritional data. The Publisher has established verification systems which enable its team to review this information, but the Publisher itself does not conduct independent laboratory analysis of the Products. Errors in composition or detection may occur.
3.2 Rating Method
The App operates on the basis of an algorithm that automates the rating of a Product by capturing its barcode and analysing its nutritional information.
The rating method for packaged food products used by the App includes the following components:
Nutritional quality (including sugar, sodium, saturated fat content)
Presence of potentially harmful additives and preservatives
Overall ingredient quality and processing level
The algorithm assigns a Traffic-Light Rating:
Green: Healthier choice - products with good nutritional profiles
Orange: Moderate choice - products to consume in moderation
Red: Best avoided - products with poor nutritional profiles or concerning ingredients
3.3 KaiWise Evaluations and Educational Content
The Traffic-Light Rating, which is calculated by the algorithm and assigned by the App, constitutes an opinion based on the analysis of the nutritional profile and ingredients that make up the Products.
The terms "green" (healthier choice), "orange" (moderate choice), and "red" (best avoided) refer only to the Traffic-Light Rating of the Product, according to the evaluation method developed by the Publisher. These terms are educational guides and do not constitute absolute judgments about a product's safety for consumption.
The evaluation of the Product, as expressed by the Traffic-Light Rating, does not constitute medical advice and factors such as individual dietary needs, quantity consumed, frequency of consumption, and overall lifestyle cannot be disregarded. The Publisher's aim in evaluating the Products is to provide educational information to help consumers make more informed choices about packaged foods.
The User must therefore be aware of the complexity of nutrition and health. The App provides educational analysis that enables consumers to be more aware of the nutritional implications of the packaged food products they use, but does not guarantee the User better health. One's state of health is determined by numerous factors, including lifestyle and environment (a healthy and balanced diet, physical exercise, medical care, and other lifestyle factors). The Services offered by the App do not in any way constitute medical recommendations.
3.4 Educational Content
The App provides educational content including articles and videos created by founder Peter Bird, explaining food ingredients, nutritional concepts, and health-related topics.
This educational content is designed to:
Help users understand food labels and ingredients
Explain the science behind nutritional recommendations
Provide context for the App's rating system
Share evidence-based information about food and health
All educational content is for informational purposes only and does not constitute medical advice.
3.5 Premium Version
The App offers a Premium Version through a pay-what-you-want pricing model, starting from NZ$1/AU$1, which includes the following features:
Ad-free experience: Remove advertising from the app interface
Enhanced personalisation: Advanced dietary preference filters and allergen alerts
Expanded educational content: Access to premium articles, videos, and nutritional guidance
Priority support: Enhanced customer service and feature requests
The conditions of sale of the Premium Version are detailed at Section 8 of the Terms and Conditions.
4. Account in the App
4.1 Creating an Account
Users who create an account in the App may access their account by logging in with the username and password provided at the time of registration.
By registering, the User agrees to respect the following conditions:
accounts created by bots or other automated methods are not permitted;
unless expressly authorised, each User may register only one account;
unless expressly authorised, a User account may not be shared with others.
Users are fully responsible for protecting the passwords they have chosen. They are encouraged to use strong passwords. If they forget their passwords, they can reset their password through the app.
This password guarantees the confidentiality of the information contained in the User's account, and the User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher may not be held liable for unauthorised access to a User's account.
Users who have reason to believe that their personal usernames and passwords have been improperly disclosed or violated must inform the Publisher immediately, by using the contact details provided in the Preamble to the Terms and Conditions.
4.2 Suspension or Deletion of an Account by the Publisher
The Publisher reserves the exclusive and discretionary right to suspend access to the App or to delete the account of any User who has violated these Terms and Conditions, in particular the restrictions on use set out in Section 5.1. The Publisher may also delete any account that has been inactive for at least one year.
Such suspension or deletion, which may occur at any time and without prior notice, shall not constitute damage to the excluded User, who shall therefore not be entitled to claim any compensation as a result. The suspension or deletion of an account does not preclude the Publisher's right to take legal action against the User where the facts justify such action.
4.3 Closure by the User
Each User is free to close their account on the App. To do so, the User must send an email to the Publisher indicating their wish to delete their account, or follow the deletion procedure within the App.
5. Rights and Obligations of the User
5.1 Restrictions on Use
The User agrees to comply with applicable laws and regulations, as well as with these Terms and Conditions, and in particular with the following restrictions:
not to publish any illegal content via the Website or the App, in particular:
defamatory, abusive, threatening, harassing or otherwise inappropriate content;
content that directly or indirectly promotes hatred, racism, discrimination, pornography, violence or any other violation of human dignity;
not to interfere with the proper functioning of KaiWise, in particular not to:
probe, scan or test KaiWise's vulnerabilities;
violate KaiWise's security and authentication measures;
install, integrate, download or otherwise incorporate any malware into or through KaiWise;
use KaiWise in an abusive, excessive or otherwise inappropriate manner;
attempt to disrupt or tamper with the technical infrastructure;
adopt any automated procedure to harvest or scrape data and/or content from KaiWise;
not to infringe the rights of other Users;
make personal and non-commercial use of the data provided by the App, in particular:
not to use the evaluations and educational content provided by the App for commercial gain without permission.
Users who fail to comply with the restrictions set out in this section will have their accounts suspended or deleted, in accordance with the conditions set out in Section 4.2.
5.2 Responsibility of the User
Users are solely responsible for their use of the App and any decisions they make based on information provided by the App.
The Publisher expressly reserves the right to take legal action against a User in the event that the Publisher suffers damage resulting from a User's actions which do not comply with these Terms and Conditions.
The User hereby agrees to hold harmless, defend and indemnify, to the fullest extent permitted by law, the Publisher and its officers, directors, representatives, agents, consultants, contractors and employees, from and against all losses, liabilities, damages, costs and expenses (including reasonable solicitors' and consultants' fees and disbursements) incurred by the Publisher as a result of any claim by a third party arising out of, based upon or resulting from the User's breach of these Terms and Conditions.
6. Exclusion and Limitation of Liability and Warranties of the Publisher
6.1 Access to the App
The Publisher hereby informs you that the information in the App is hosted on external servers.
The Publisher shall not be held liable for any technical unavailability of the connection, whether due to (but not limited to) force majeure, maintenance, updating, modification, network failures or power outages.
The User acknowledges awareness of the limitations and constraints specific to the Internet and, as such, recognises the impossibility of a total guarantee of data security. The Publisher cannot be held liable for any damage resulting from the use of the App, such as loss of data, intrusion, viruses, or service disruptions.
6.2 Content Displayed on the KaiWise App
THE APP PROVIDES THE USER WITH EDUCATIONAL AND INFORMATIONAL CONTENT OF A GENERAL NATURE. THE PUBLISHER DOES NOT GUARANTEE THE RELEVANCE, ACCURACY OR COMPLETENESS OF THE DATA DISPLAYED ON THE APP, WHICH IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS.
USERS EXPRESSLY AGREE TO USE THE APP AT THEIR OWN RISK AND UNDER THEIR SOLE RESPONSIBILITY. THE USER IS SOLELY RESPONSIBLE FOR CHOOSING AND PURCHASING FOOD PRODUCTS.
THE APP DOES NOT PROVIDE MEDICAL ADVICE, AND IS IN NO WAY INTENDED TO REPLACE A CONSULTATION WITH A HEALTHCARE PROFESSIONAL, IN PARTICULAR A DIETITIAN OR DOCTOR. THE USER MUST NEVER USE THE APP FOR MEDICAL REASONS, AND IN PARTICULAR MUST NEVER NEGLECT OR DELAY SEEKING MEDICAL ADVICE OR PROFESSIONAL CARE IN THE EVENT OF A HEALTH PROBLEM. THE CONTENT ON THE APP MAY NOT BE APPROPRIATE FOR PERSONS WHO HAVE EVER EXPERIENCED EATING DISORDERS.
6.2.1 Information About Product Composition – Database
The Publisher does not guarantee the accuracy or completeness of its analysis of the composition of the Products. The Publisher shall not be liable for data relating to the composition of the Products analysed, and excludes all liability in the event of errors in the Database.
The Database evolves according to products and information available from manufacturers. Errors in composition or detection may occur.
It is therefore the responsibility of Users to check the composition of Products directly on the product packaging to ensure they have up-to-date information regarding the composition of the Products.
6.2.2 Evaluation of Nutritional Content and Ingredients
The Publisher does not guarantee the relevance, completeness or accuracy of the nutritional evaluations and Traffic-Light Ratings associated with the Products.
The Publisher provides opinions about the nutritional quality of Products based on analysis of nutritional data, scientific studies, and recognised health guidelines.
The Publisher applies evidence-based principles in evaluating products but given the complexity of nutrition science, the inclusion of the most recent studies cannot be guaranteed.
6.3 General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PUBLISHER SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, LOST REVENUES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE APP.
THE PUBLISHER'S AGGREGATE LIABILITY TO USERS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE APP SHALL NOT EXCEED THE AMOUNT THE USER HAS PAID FOR THE PREMIUM VERSION OR, IN CASE OF USE OF THE FREE VERSION OF THE APP, NZ$100 FOR NEW ZEALAND USERS OR AU$100 FOR AUSTRALIAN USERS.
In compliance with the Consumer Guarantees Act 1993 (New Zealand) and the Australian Consumer Law as outlined in the Competition and Consumer Act 2010 (Australia), we acknowledge that these Terms and Conditions do not and cannot exclude, limit, or alter any statutory consumer rights, guarantees, warranties, or remedies that the User is entitled to by law.
7. Intellectual Property Rights
7.1 The Rights of KaiWise
The content of the Website and the App, the KaiWise brand, logos, software, educational content, rating algorithms, graphic elements, databases, and all other elements making up the Website or the App are the exclusive property of the Publisher.
These Terms and Conditions do not imply any transfer of intellectual property rights of any kind to the User in relation to the elements belonging to the Publisher.
The Publisher grants the User a non-exclusive, revocable licence to use the Website and the App. This licence is strictly personal and may not be assigned or transferred to any third party. The licence is granted for the duration of use of the Website or App.
Users found to have infringed these protected elements may have their accounts deleted without notice or compensation.
7.2 Third-party Intellectual Property Rights
Elements belonging to third parties, including brands, logos, images, and texts are the exclusive property of their owners and are protected by copyright, trademark law or other applicable rights.
The User undertakes to respect all rights of third parties whose content may be referenced in the App.
8. Purchase of the Premium Version
8.1 Services Offered for Sale
A Premium Version of the App, with the features described in Section 3.5 above, is available for purchase through a pay-what-you-want pricing model.
8.2 Prices
The Premium Version uses a pay-what-you-want pricing model starting from NZ$1 for New Zealand users and AU$1 for Australian users, inclusive of applicable GST.
The Publisher reserves the right to modify the minimum pricing at any time with notice to users.
8.3 Payment Methods
8.3.1 Purchases via a Store
The Customer may purchase the Premium Version through the App using the payment methods available through the Store (Apple App Store or Google Play Store).
Purchases made through the Store are subject to the Store's terms and conditions.
8.3.2 Purchases via the Website
The Customer may also purchase via the Website using available payment methods including credit card.
8.4 Delivery and Availability of Purchases
Once payment has been made, the Customer will receive confirmation and the Premium Version features will be activated.
If a purchase is not activated, the Customer should contact us within three months of purchase.
8.5 Cancellation and Refunds
Users may cancel their Premium Version subscription at any time. Refund policies are subject to the Store's terms and conditions for purchases made through app stores.
For purchases made directly through the website, users may request refunds within a reasonable period by contacting hello@kaiwiseapp.com.
9. General Provisions
9.1 Modification of the Terms and Conditions
The Publisher reserves the right to modify these Terms and Conditions at any time. Users will be notified of significant changes and are encouraged to regularly review the Terms and Conditions.
Changes will take effect 14 days after being posted online. Continued use of the Services after this date constitutes acceptance of the modified Terms and Conditions.
9.2 Severability
If any clause of these Terms and Conditions is found to be invalid, the other clauses shall retain their full force and effect.
9.3 Applicable Law
For New Zealand Users: These Terms and Conditions are governed by the laws of New Zealand.
For Australian Users: These Terms and Conditions are governed by the laws of Australia.
If the law in the User's jurisdiction provides for consumer protection standards which are more advantageous to the User, such standards shall prevail.
10. Dispute Resolution
In the event of a disagreement or dispute arising from these Terms and Conditions, the Parties agree to first attempt to reach an amicable resolution through good faith discussions.
This phase of seeking a direct solution shall not exceed sixty (60) days from the date of written notification by one Party to the other.
Preamble
The KaiWise app, website, and all related services are controlled by KaiWise Limited ("KaiWise") with its registered office at 15 Bridge Street, Nelson 7011, New Zealand.
Any written communication can be sent to the registered office of KaiWise at the address indicated above, or by email to the contact email: hello@kaiwiseapp.com
PLEASE READ THE FOLLOWING CAREFULLY:
Before registering on the App, each User must carefully read these KaiWise Terms and Conditions (hereinafter, the "Terms and Conditions") and the Privacy Policy, which form an integral part of the Terms and Conditions.
Your use of the KaiWise App and Website indicates your acceptance of these Terms and Conditions in their entirety. If you do not agree with any of these Terms and Conditions, please do not use the KaiWise App and Website. By using the KaiWise App and Website, you are deemed to have irrevocably agreed to these Terms and Conditions.
Please note that these Terms and Conditions may be revised without notice at any time. You should visit this page regularly to review the current Terms and Conditions. Your continued use of the KaiWise App and Website will be deemed as irrevocable acceptance of any revisions.
These Terms and Conditions apply to Users in New Zealand and Australia.
The Terms and Conditions govern the use of the KaiWise App and Website. Section 8 of the Terms and Conditions contains the conditions of sale, which apply only to the purchase of the Premium Version of the App.
Section 6 specifies the scope of the User's warranties and the Publisher's liability. By accepting these Terms and Conditions, the User acknowledges that the Publisher does not guarantee the accuracy, relevance or completeness of the data displayed on the App, which is provided "as is." The App provides Users with nutritional guidance of an indicative and general nature which enables consumers to be more aware of the health implications of packaged food products they consume, but does not guarantee the User better health. The App provides educational information only and does not provide medical recommendations, and is in no way intended to replace a consultation with a health professional, in particular a dietitian or a doctor. The content on the App may not be appropriate for persons who have ever experienced eating disorders. Users expressly agree to use the App at their own risk and under their sole responsibility.
1. Definitions
The following definitions are used in the Terms and Conditions:
App: the KaiWise app and all its pages and screens.
Customer: the mobile user purchasing the Premium Version on the App.
Database: the database of packaged food products rated on the App.
Party: the User or Customer, on the one hand, or the Publisher or KaiWise, on the other hand (collectively referred to as "the Parties").
Premium Version: the ad-free version of the app with enhanced features available via pay-what-you-want pricing model.
Products: the packaged food products referenced in the Database and rated on the App.
Publisher: the legal entity (KaiWise Limited) responsible for the publishing and the content of the App and the website.
Traffic-Light Rating: the colour-coded rating system (green, orange, red) obtained by applying the evaluation method developed by the Publisher.
Services: the nutritional analysis, evaluation, and educational services provided by KaiWise in relation to the Products.
Store: the online app download platform used by the Publisher to publish the App, and used by the User to download the App, namely the Google Play Store and the Apple Store.
User: the user of the free or Premium Version of the App.
Vendor: the legal entity (KaiWise Limited) that offers the purchase of the Premium Version.
Website: the www.kaiwiseapp.com website.
2. KaiWise's Mission and Independence
2.1 Purpose and Mission
KaiWise Limited is a company dedicated to empowering consumers with knowledge about packaged food nutrition and health implications.
KaiWise's purpose is to make consumers aware of the health impact of packaged food products, helping them make better choices for their health and wellbeing, while encouraging food manufacturers to improve the transparency and nutritional quality of their products.
KaiWise's mission is to pursue the following health and educational goals:
(i) To make as many people as possible aware of the health and nutritional impact of packaged food products;
(ii) To alert consumers to potentially harmful ingredients, additives, or components in packaged foods using science-based analysis;
(iii) To help consumers make better choices for their health by offering them independent, easy-to-understand nutritional guidance;
(iv) To encourage food manufacturers to improve the nutritional composition of their products.
KaiWise accomplishes its mission mainly through the KaiWise App and educational content, the operation of which is detailed below (see Section 3).
2.2 Independence
The Publisher has no contractual or financial ties of any kind with the producers and/or distributors of the Products evaluated by the App, which is completely independent:
the KaiWise App displays advertising only in the free version, with no influence on product ratings,
no brand or food manufacturer can influence the analysis of its products, nor remunerate the Publisher for highlighting these products on the App,
the Publisher does not sell any user data to third parties.
The Publisher is financed by the Premium Version of the App through its pay-what-you-want pricing model.
3. How the App Works
3.1 Database
KaiWise has its own Database, which contains packaged food products available in New Zealand and Australia (the "Products").
This Database is currently supplied by:
Product information sourced from manufacturer data and nutritional labels
Nutritional databases specific to New Zealand and Australian food products
Information corresponding to the mandatory information on product labels
The Publisher does not guarantee the complete reliability of the information regarding the composition of the Products listed in the Database, nor the complete detection of ingredients (see Section 6.3.1 below).
In fact, the information provided by the App is based on the Products' labels and available nutritional data. The Publisher has established verification systems which enable its team to review this information, but the Publisher itself does not conduct independent laboratory analysis of the Products. Errors in composition or detection may occur.
3.2 Rating Method
The App operates on the basis of an algorithm that automates the rating of a Product by capturing its barcode and analysing its nutritional information.
The rating method for packaged food products used by the App includes the following components:
Nutritional quality (including sugar, sodium, saturated fat content)
Presence of potentially harmful additives and preservatives
Overall ingredient quality and processing level
The algorithm assigns a Traffic-Light Rating:
Green: Healthier choice - products with good nutritional profiles
Orange: Moderate choice - products to consume in moderation
Red: Best avoided - products with poor nutritional profiles or concerning ingredients
3.3 KaiWise Evaluations and Educational Content
The Traffic-Light Rating, which is calculated by the algorithm and assigned by the App, constitutes an opinion based on the analysis of the nutritional profile and ingredients that make up the Products.
The terms "green" (healthier choice), "orange" (moderate choice), and "red" (best avoided) refer only to the Traffic-Light Rating of the Product, according to the evaluation method developed by the Publisher. These terms are educational guides and do not constitute absolute judgments about a product's safety for consumption.
The evaluation of the Product, as expressed by the Traffic-Light Rating, does not constitute medical advice and factors such as individual dietary needs, quantity consumed, frequency of consumption, and overall lifestyle cannot be disregarded. The Publisher's aim in evaluating the Products is to provide educational information to help consumers make more informed choices about packaged foods.
The User must therefore be aware of the complexity of nutrition and health. The App provides educational analysis that enables consumers to be more aware of the nutritional implications of the packaged food products they use, but does not guarantee the User better health. One's state of health is determined by numerous factors, including lifestyle and environment (a healthy and balanced diet, physical exercise, medical care, and other lifestyle factors). The Services offered by the App do not in any way constitute medical recommendations.
3.4 Educational Content
The App provides educational content including articles and videos created by founder Peter Bird, explaining food ingredients, nutritional concepts, and health-related topics.
This educational content is designed to:
Help users understand food labels and ingredients
Explain the science behind nutritional recommendations
Provide context for the App's rating system
Share evidence-based information about food and health
All educational content is for informational purposes only and does not constitute medical advice.
3.5 Premium Version
The App offers a Premium Version through a pay-what-you-want pricing model, starting from NZ$1/AU$1, which includes the following features:
Ad-free experience: Remove advertising from the app interface
Enhanced personalisation: Advanced dietary preference filters and allergen alerts
Expanded educational content: Access to premium articles, videos, and nutritional guidance
Priority support: Enhanced customer service and feature requests
The conditions of sale of the Premium Version are detailed at Section 8 of the Terms and Conditions.
4. Account in the App
4.1 Creating an Account
Users who create an account in the App may access their account by logging in with the username and password provided at the time of registration.
By registering, the User agrees to respect the following conditions:
accounts created by bots or other automated methods are not permitted;
unless expressly authorised, each User may register only one account;
unless expressly authorised, a User account may not be shared with others.
Users are fully responsible for protecting the passwords they have chosen. They are encouraged to use strong passwords. If they forget their passwords, they can reset their password through the app.
This password guarantees the confidentiality of the information contained in the User's account, and the User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher may not be held liable for unauthorised access to a User's account.
Users who have reason to believe that their personal usernames and passwords have been improperly disclosed or violated must inform the Publisher immediately, by using the contact details provided in the Preamble to the Terms and Conditions.
4.2 Suspension or Deletion of an Account by the Publisher
The Publisher reserves the exclusive and discretionary right to suspend access to the App or to delete the account of any User who has violated these Terms and Conditions, in particular the restrictions on use set out in Section 5.1. The Publisher may also delete any account that has been inactive for at least one year.
Such suspension or deletion, which may occur at any time and without prior notice, shall not constitute damage to the excluded User, who shall therefore not be entitled to claim any compensation as a result. The suspension or deletion of an account does not preclude the Publisher's right to take legal action against the User where the facts justify such action.
4.3 Closure by the User
Each User is free to close their account on the App. To do so, the User must send an email to the Publisher indicating their wish to delete their account, or follow the deletion procedure within the App.
5. Rights and Obligations of the User
5.1 Restrictions on Use
The User agrees to comply with applicable laws and regulations, as well as with these Terms and Conditions, and in particular with the following restrictions:
not to publish any illegal content via the Website or the App, in particular:
defamatory, abusive, threatening, harassing or otherwise inappropriate content;
content that directly or indirectly promotes hatred, racism, discrimination, pornography, violence or any other violation of human dignity;
not to interfere with the proper functioning of KaiWise, in particular not to:
probe, scan or test KaiWise's vulnerabilities;
violate KaiWise's security and authentication measures;
install, integrate, download or otherwise incorporate any malware into or through KaiWise;
use KaiWise in an abusive, excessive or otherwise inappropriate manner;
attempt to disrupt or tamper with the technical infrastructure;
adopt any automated procedure to harvest or scrape data and/or content from KaiWise;
not to infringe the rights of other Users;
make personal and non-commercial use of the data provided by the App, in particular:
not to use the evaluations and educational content provided by the App for commercial gain without permission.
Users who fail to comply with the restrictions set out in this section will have their accounts suspended or deleted, in accordance with the conditions set out in Section 4.2.
5.2 Responsibility of the User
Users are solely responsible for their use of the App and any decisions they make based on information provided by the App.
The Publisher expressly reserves the right to take legal action against a User in the event that the Publisher suffers damage resulting from a User's actions which do not comply with these Terms and Conditions.
The User hereby agrees to hold harmless, defend and indemnify, to the fullest extent permitted by law, the Publisher and its officers, directors, representatives, agents, consultants, contractors and employees, from and against all losses, liabilities, damages, costs and expenses (including reasonable solicitors' and consultants' fees and disbursements) incurred by the Publisher as a result of any claim by a third party arising out of, based upon or resulting from the User's breach of these Terms and Conditions.
6. Exclusion and Limitation of Liability and Warranties of the Publisher
6.1 Access to the App
The Publisher hereby informs you that the information in the App is hosted on external servers.
The Publisher shall not be held liable for any technical unavailability of the connection, whether due to (but not limited to) force majeure, maintenance, updating, modification, network failures or power outages.
The User acknowledges awareness of the limitations and constraints specific to the Internet and, as such, recognises the impossibility of a total guarantee of data security. The Publisher cannot be held liable for any damage resulting from the use of the App, such as loss of data, intrusion, viruses, or service disruptions.
6.2 Content Displayed on the KaiWise App
THE APP PROVIDES THE USER WITH EDUCATIONAL AND INFORMATIONAL CONTENT OF A GENERAL NATURE. THE PUBLISHER DOES NOT GUARANTEE THE RELEVANCE, ACCURACY OR COMPLETENESS OF THE DATA DISPLAYED ON THE APP, WHICH IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS.
USERS EXPRESSLY AGREE TO USE THE APP AT THEIR OWN RISK AND UNDER THEIR SOLE RESPONSIBILITY. THE USER IS SOLELY RESPONSIBLE FOR CHOOSING AND PURCHASING FOOD PRODUCTS.
THE APP DOES NOT PROVIDE MEDICAL ADVICE, AND IS IN NO WAY INTENDED TO REPLACE A CONSULTATION WITH A HEALTHCARE PROFESSIONAL, IN PARTICULAR A DIETITIAN OR DOCTOR. THE USER MUST NEVER USE THE APP FOR MEDICAL REASONS, AND IN PARTICULAR MUST NEVER NEGLECT OR DELAY SEEKING MEDICAL ADVICE OR PROFESSIONAL CARE IN THE EVENT OF A HEALTH PROBLEM. THE CONTENT ON THE APP MAY NOT BE APPROPRIATE FOR PERSONS WHO HAVE EVER EXPERIENCED EATING DISORDERS.
6.2.1 Information About Product Composition – Database
The Publisher does not guarantee the accuracy or completeness of its analysis of the composition of the Products. The Publisher shall not be liable for data relating to the composition of the Products analysed, and excludes all liability in the event of errors in the Database.
The Database evolves according to products and information available from manufacturers. Errors in composition or detection may occur.
It is therefore the responsibility of Users to check the composition of Products directly on the product packaging to ensure they have up-to-date information regarding the composition of the Products.
6.2.2 Evaluation of Nutritional Content and Ingredients
The Publisher does not guarantee the relevance, completeness or accuracy of the nutritional evaluations and Traffic-Light Ratings associated with the Products.
The Publisher provides opinions about the nutritional quality of Products based on analysis of nutritional data, scientific studies, and recognised health guidelines.
The Publisher applies evidence-based principles in evaluating products but given the complexity of nutrition science, the inclusion of the most recent studies cannot be guaranteed.
6.3 General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PUBLISHER SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, LOST REVENUES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE APP.
THE PUBLISHER'S AGGREGATE LIABILITY TO USERS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE APP SHALL NOT EXCEED THE AMOUNT THE USER HAS PAID FOR THE PREMIUM VERSION OR, IN CASE OF USE OF THE FREE VERSION OF THE APP, NZ$100 FOR NEW ZEALAND USERS OR AU$100 FOR AUSTRALIAN USERS.
In compliance with the Consumer Guarantees Act 1993 (New Zealand) and the Australian Consumer Law as outlined in the Competition and Consumer Act 2010 (Australia), we acknowledge that these Terms and Conditions do not and cannot exclude, limit, or alter any statutory consumer rights, guarantees, warranties, or remedies that the User is entitled to by law.
7. Intellectual Property Rights
7.1 The Rights of KaiWise
The content of the Website and the App, the KaiWise brand, logos, software, educational content, rating algorithms, graphic elements, databases, and all other elements making up the Website or the App are the exclusive property of the Publisher.
These Terms and Conditions do not imply any transfer of intellectual property rights of any kind to the User in relation to the elements belonging to the Publisher.
The Publisher grants the User a non-exclusive, revocable licence to use the Website and the App. This licence is strictly personal and may not be assigned or transferred to any third party. The licence is granted for the duration of use of the Website or App.
Users found to have infringed these protected elements may have their accounts deleted without notice or compensation.
7.2 Third-party Intellectual Property Rights
Elements belonging to third parties, including brands, logos, images, and texts are the exclusive property of their owners and are protected by copyright, trademark law or other applicable rights.
The User undertakes to respect all rights of third parties whose content may be referenced in the App.
8. Purchase of the Premium Version
8.1 Services Offered for Sale
A Premium Version of the App, with the features described in Section 3.5 above, is available for purchase through a pay-what-you-want pricing model.
8.2 Prices
The Premium Version uses a pay-what-you-want pricing model starting from NZ$1 for New Zealand users and AU$1 for Australian users, inclusive of applicable GST.
The Publisher reserves the right to modify the minimum pricing at any time with notice to users.
8.3 Payment Methods
8.3.1 Purchases via a Store
The Customer may purchase the Premium Version through the App using the payment methods available through the Store (Apple App Store or Google Play Store).
Purchases made through the Store are subject to the Store's terms and conditions.
8.3.2 Purchases via the Website
The Customer may also purchase via the Website using available payment methods including credit card.
8.4 Delivery and Availability of Purchases
Once payment has been made, the Customer will receive confirmation and the Premium Version features will be activated.
If a purchase is not activated, the Customer should contact us within three months of purchase.
8.5 Cancellation and Refunds
Users may cancel their Premium Version subscription at any time. Refund policies are subject to the Store's terms and conditions for purchases made through app stores.
For purchases made directly through the website, users may request refunds within a reasonable period by contacting hello@kaiwiseapp.com.
9. General Provisions
9.1 Modification of the Terms and Conditions
The Publisher reserves the right to modify these Terms and Conditions at any time. Users will be notified of significant changes and are encouraged to regularly review the Terms and Conditions.
Changes will take effect 14 days after being posted online. Continued use of the Services after this date constitutes acceptance of the modified Terms and Conditions.
9.2 Severability
If any clause of these Terms and Conditions is found to be invalid, the other clauses shall retain their full force and effect.
9.3 Applicable Law
For New Zealand Users: These Terms and Conditions are governed by the laws of New Zealand.
For Australian Users: These Terms and Conditions are governed by the laws of Australia.
If the law in the User's jurisdiction provides for consumer protection standards which are more advantageous to the User, such standards shall prevail.
10. Dispute Resolution
In the event of a disagreement or dispute arising from these Terms and Conditions, the Parties agree to first attempt to reach an amicable resolution through good faith discussions.
This phase of seeking a direct solution shall not exceed sixty (60) days from the date of written notification by one Party to the other.