1. Introduction
These Terms and Conditions (“Terms”) apply to the use of this website, the transactions related to our products and services, and any consultations we provide. In addition to these Terms, the use of our software applications (including but not limited to iOS and Android apps) is governed by our End User Licence Agreement (“EULA”). If there is any conflict between these Terms and the EULA, the provisions of the EULA will prevail with respect to the use of our software.
2. Binding Agreement
By registering with, accessing, or otherwise using this website or our services, you hereby agree to be bound by these Terms. The use of our software applications additionally requires your acceptance of the EULA, which governs the licensing and use of our software products. The use of any of our services or products implies your knowledge and acceptance of both these Terms and the EULA. In some cases, we may ask you to explicitly agree to these Terms and/or the EULA.
3. Electronic Communication
By using this website or communicating with us electronically, you consent to receive communications from us electronically. This includes all agreements, notices, disclosures, and other communications that we provide to you electronically, whether via our website, email, or through our software applications. These electronic communications satisfy any legal requirement that such communications be in writing.
4. Intellectual Property
We or our licensors own and control all intellectual property rights in this website, our software applications, and the data, information, and other resources displayed or accessible through them. This includes, but is not limited to, all copyright, trademark, patent, and other intellectual property rights.
4.1 Trademarks
Forkto is a registered trademark in the United Kingdom under UK Trademark No. UK00004015514, in classes 9 and 42. This includes trademarks related to software for food safety, food hygiene, food allergens, health and safety, compliance software, reporting software, and electronic databases. Any unauthorized use of these trademarks is strictly prohibited.
Our trademarked software and services include but are not limited to:
- Class 9:
- Software relating to food safety, food hygiene, food allergens, and health and safety.
- Compliance software, including food safety compliance software.
- Reporting software.
- Computer software and applications related to food safety compliance and/or management systems.
- Computer software and applications related to health and safety compliance and/or management systems.
- Electronic databases.
- Downloadable electronic reports.
- Class 42:
- Design, development, and maintenance of computer software related to food safety, health and safety.
- Computer services concerning electronic data storage.
- Hosting of data, files, and information.
- Hosting platforms on the internet.
- Software as a service (SaaS).
- Providing temporary use of web-based software.
- Providing temporary use of on-line non-downloadable software for importing and managing data.
- Providing temporary use of web-based applications.
- Maintenance, updating, design, and development of databases.
- Electronic data storage.
- Providing temporary use of non-downloadable software for analysing data and generating reports.
4.2 Rights Reserved
Unless explicitly stated otherwise, no licence or other rights under copyright, trademark, patent, or other intellectual property rights are granted. You may not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources from this website or our software applications without our prior written permission, except as permitted by mandatory law.
5. Use of Software Applications
Your use of our software applications is subject to the terms of the EULA, which you must agree to before downloading or using the software. The EULA governs the licence, permitted uses, restrictions, and limitations of liability specific to our software products.
6. Consultation Services
Forkto may provide consultation services to assist you in the use and implementation of our systems. These consultation services are offered solely for informational purposes based on our experience with the system and how it may be used by others. These services do not constitute legal, regulatory, or professional advice. For more details, please refer to Section 3 of the EULA, which outlines the limitations of liability regarding the use of our software.
7. Third-Party Property
Our website may include hyperlinks or references to third-party websites. We do not monitor or review the content of third-party websites linked from our website. Products or services offered by third-party websites are subject to the terms and conditions of those third parties. We are not responsible for the content or privacy practices of these sites, and you bear all risks associated with their use.
8. Responsible Use
By visiting our website or using our services, you agree to use them only for the intended purposes and in accordance with these Terms, any additional contracts with us, and applicable laws. You must not use our website, services, or software applications to publish or distribute any malicious software, engage in unauthorized marketing activities, or conduct any automated data collection activities without our permission.
9. Registration
You may register for an account on our website. During registration, you may be required to choose a password, which you must keep confidential. You are responsible for all activities under your account and must not share your login details with others. If you become aware of any unauthorized use of your account, you must notify us immediately. Note that access to our software applications may require separate registration and acceptance of the EULA.
10. Refund and Return Policy
10.1 Right of Withdrawal
You have the right to withdraw from any contract with us within 14 days without giving any reason, subject to the provisions outlined in our EULA for software products. To exercise your right of withdrawal, please contact us with a clear statement of your decision. If you requested services to begin during the withdrawal period, you will be responsible for paying for the portion of services provided before withdrawal.
11. Idea Submission
Do not submit any ideas, inventions, or other intellectual property to us unless we have first signed an agreement regarding intellectual property rights. Any unsolicited submission will be treated as non-confidential, and you grant us a worldwide, irrevocable licence to use, reproduce, and distribute your submission.
12. Termination of Use
We reserve the right to modify, suspend, or discontinue access to our website, services, or software applications at any time without notice. If we terminate your account or access, you will not be entitled to any compensation. Your use of our software applications may also be terminated in accordance with the terms of the EULA.
13. Warranties and Liability
Nothing in these Terms will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website, our services, and software applications are provided on an “as is” basis, with no warranties regarding availability, accuracy, or fitness for a particular purpose. For specific limitations of liability related to our software products, please refer to the EULA.
14. Privacy
Your use of our website and services may require you to provide personal information. We handle all personal data in accordance with our Privacy Statement and Cookie Policy, which are part of these Terms.
15. Export Restrictions / Legal Compliance
You may not use our website or services in violation of export laws and regulations of the United Kingdom. Accessing our services from territories where such access is illegal is prohibited.
16. Assignment
You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment will be null and void.
17. Breaches of These Terms and Conditions
If you breach these Terms, we may take appropriate action, including suspending your access to the website or software applications, and/or initiating legal proceedings.
18. Force Majeure
Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control.
19. Indemnification
You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, or expenses arising from your breach of these Terms or the EULA.
20. Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
21. Language
These Terms and all related communications will be in English.
22. Entire Agreement
These Terms, together with the EULA, Privacy Statement, and Cookie Policy, constitute the entire agreement between you and Forkto regarding your use of our website, services, and software applications.
23. Updating of These Terms and Conditions
We may update these Terms from time to time. Any changes will be communicated to you, and your continued use of our website, services, or software applications following the notice of changes will constitute your acceptance of the updated Terms.
24. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the United Kingdom. Any disputes arising from these Terms or the EULA will be subject to the exclusive jurisdiction of the courts of the United Kingdom.
25. Contact Information
This website is owned and operated by Forkto. For any questions about these Terms, please contact us at: [email protected].
