Terms of use

Effective from 15.01.2020

FoodDocs

FoodDocs OÜ, registry code 14177340, located at 19/21 Maakri, Tallinn, 10145, Estonia (hereinafter “FoodDocs” or “we”) maintains the platform FoodDocs at https://www.fooddocs.eu and its subdomains, including its software, hardware, databases, interfaces, related pages, documentation, updates and other integrated or incorporated components and materials (hereinafter “Platform”).

The Platform provides a digital desktop for companies specializing in food that helps the user of the desktop to comply with the requirements pertaining to food safety and ensure that the documents associated with food safety conform with the law.

The term “User” or “you” refers to the legal entity that has concluded this agreement with us (including the person acting on its behalf) and has accepted these terms and conditions (hereinafter “Conditions”). By accepting the Conditions and using the Platform, the User confirms having carefully read the Conditions. Upon you accepting the Conditions, these shall become a binding contract between you and us (hereinafter the “Contract”).

  1. SERVICE AND USE THEREOF
    1. The Platform creates a digital desktop for companies specializing in food, which helps the User administrate the documents related to food safety and facilitates compliance with the requirements for the User arising from the legal acts (hereinafter the “Service”). For the sake of clarity, we must note that the Service is intended only for use in economic and professional activity.

    2. As a part of the Service, the User can create a self-assessment plan on the Platform for the food and ensuring its proper handling. The Platform will generate the self-assessment plan in accordance with the input data presented by the User. The self-assessment plan generated on the Platform can be modified by FoodDocs in accordance with the valid remarks/prescriptions made by the officials of the Veterinary and Food Board, amendments to legal acts, or changes in the User’s activity.

    3. As a part of the Service, the Platform makes it possible to draw up an activity license application, required for handling food, in accordance with the requirements established by applicable legislation. The Platform will generate the activity license application automatically based on the input data submitted by the User for the compilation of the self-assessment plan.

    4. The object of the Service is the desktop, which consists of modules with various functionalities. For instance: whether all daily monitoring events are recorded, have the laboratory analyses been done, and are their results acceptable, have all employees been issued medical certificates, whether their hygiene training is up-to-date, have audits been done, and their results acceptable, etc.

    5. In order to ensure maximum conformity of the documents generated by the means of Service to the requirements established in legal acts, the User can order a consultation with a food technologist from us for an additional fee.

    6. To create a user account the User needs to provide to the Platform their given name, e-mail address, and a unique and safe password.

    7. In order to create a user account and use the Service, the legal entity on whose behalf the user account is created has to be duly registered and have full legal capacity. If you are concluding the Contract on behalf of a legal entity, for example, your employer or a company to which you render services, you need to be able to prove that you have the legal right to assume binding obligations on behalf of said entity.

    8. Users understand that FoodDocs only provides Users with the digital desktop service, which helps Users to create and manage documents related to food handling. We bear no responsibility for the accuracy and functioning of your food safety.
       

  2. RIGHTS AND OBLIGATIONS OF THE USER

    The User shall:

    1. submit accurate data in the process of registration, which includes registering under its true and full name, enter the correct registry code and personal ID code and use a valid e-mail address;

    2. ensure that any information provided in the process of using the Platform is not false, misleading, or inaccurate, does not infringe any rights of third parties (including intellectual property rights) and is not contrary to effective law and good practices;

    3. keep the user ID and the password set for the Platform such that they are beyond the reach of any third persons;

    4. notify us about promptly of any information and circumstances that may have changed vis-à-vis what was provided upon registration as a User of the Platform;

    5. notify us promptly if the password and/or user ID set for using the Platform have been lost or come into possession of third persons.

    The User is prohibited from:

    1. using the Platform to commit fraud or for any other unlawful purpose;

    2. uploading or communicating any viruses or malware of any other type that is or could be used in a manner affecting the functionality or performance of the Platform;

    3. creating a user account on the Platform, if this is not connected with the User’s economic and professional activities, inter alia, Users are prohibited from creating a Platform user account as a consumer.
       

  3. RIGHTS AND OBLIGATIONS OF FOODDOCS
    1. We may restrict or cancel at our sole discretion the User’s Platform user privileges, if:

      1. the User has committed a material breach of the Conditions or has not remedied any breach within a reasonable term given by FoodDocs;

      2. upon registration as a user, or the use of the Platform, the User has provided information, which is false, misleading, and/or inaccurate;

      3. in case of any other occurrences which cause FoodDocs to doubt the User’s reliability.

    2. We have the right to monitor the activity on the Platform at any time. We may investigate all alleged violations of the Conditions, using any means afforded for this purpose by law.

    3. The Platform and all intellectual property rights to its content belong to FoodDocs. The User shall ensure and guarantee that by using the Platform the User does not violate FoodDocs’s intellectual property rights. Otherwise, the User shall compensate for any damages and other expenses caused by such violation.

    4. By accepting the Conditions, the User gives us the right to disclose the name of the User’s company as the user of our service for marketing purposes. The User may revoke said right at any time by sending FoodDocs a respective written notice.
       

  4. FEE
    1. When using the Service, the User may select one of several Service packages, to which different fees apply. The descriptions of the packages and their respective fees are available here: www.fooddocs.eu.

    2. FoodDocs may offer the User a 14-day free trial period to use the Service. FoodDocs reserves the right to stop offering a free trial of the Platform at any time.

    3. If the User wishes to use the Platform for the management of food safety of the whole company, i.e., use all the Platform modules, the User is to choose a monthly or annual paid Service package. If the User would like to manage more than one site through the Platform, the package fee to be paid will be multiplied with the number of sites.

    4. The User shall pay an additional fee for additional services ordered by it (including the food technologist’s service) according to the rates established by us on the Platform.

    5. All fees, except the fee for the food technologist’s service, shall be paid in advance. To order the Service, the User has to choose the appropriate package on the Platform and click the “Forward” button, after which the User needs to choose the suitable method of payment:

      1. by internet bank (Swedbank, SEB, LHV Pank, Luminor, COOP Pank, Pocopay);

      2. by credit card (Mastercard or Visa) as a single payment;

      3. by credit card (Mastercard or Visa) as regular payments.

    6. Payments are handled by the respective bank or Maksekeskus.ee. Having chosen the suitable method of payment click “Pay”.

    7. The order for the Service shall be regarded as confirmed after the User has paid for the selected package and clicked the “Back to the seller” button. Having returned to the Platform, the User will receive a confirmation of the Service order by e-mail, and the Service ordered by the User will be activated. The User can see the history of invoices paid as well Services ordered on the Platform by choosing the Settings section on the desktop and then the Billing subsection. The above subsection of the Platform is also where one can see the remaining duration of the free trial period, change the payment interval or terminate the “Regular Payment Order” by choosing the link “Cancel Order”.

    8. The User may also opt for paying against the invoice. In such a case, FoodDocs will issue an invoice with the due date in 7 business days after the User has selected the option.

    9. FoodDocs reserves the right to change the fees for using the Service at any time. We will notify all Users about changes of the fee at least 30 calendar days in advance. The User may cancel the Contract if they do not accept the obligation to pay the fee. The User shall be deemed to have accepted the rates if they do not submit us their Contract cancellation notice at least 15 days before the date on which the new rates enter into effect.
       

  5. CUSTOMER SUPPORT AND CONTACT DETAILS
    1. FoodDocs shall provide free support service to Users for solving problems and issues which might occur during the use of the Platform. To access the Platform support service, the User is to contact FoodDocs by phone at the number +372 605 7005 or via e-mail info@fooddocs.eu or the live chat provided by the Platform and describe the problem or malfunction that has occurred on the Platform. If using the live chat, the User is aware that if FoodDocs cannot respond immediately, FoodDocs will contact the User by telephone or e-mail address previously specified by the User on the Platform.

    2. FoodDocs provides the Platform support service (by live chat or phone) during regular business hours (i.e. from 9.00 to 17.00) from Monday to Friday, except for national holidays.

    3. We do not guarantee that the response we provide is sufficient and exhaustive. FoodDocs will do its best to respond to the User's messages as accurately as possible without undue delay.

    4. The free support service does not cover answering content-related questions that might occur when the Platform is used; that is, within the scope of the free support service, FoodDocs provides help in solving various malfunctions in the Platform and helps Users navigate the Platform.

    5. FoodDocs also provides the food technologist’s service on the Platform, which is a paid service. To make use of the food technologist’s service, the User is to enter its name, e-mail address, and telephone number, and the FoodDocs technologist will contact the User within 24 hours.
       

  6. LIABILITY AND COMPENSATION FOR DAMAGES
    1. The content, services, and functionalities made available through the Platform or in connection therewith, incl. the software is provided on an ‘as is’ and ‘as available’ basis, without any express or implied warranties.

    2. We do not warrant or guarantee that the Platform is compatible with any hardware and software used by the User, is always available or available at any given moment, functions at all times without interruptions, is secure or free of faults, meets your every need.

    3. FoodDocs is not responsible for any failures or interruptions of the Service but shall do their best to ensure that any failure or interruption is addressed promptly and the functioning of the Service is arranged as promptly as possible. FoodDocs shall remedy any urgent failures in the functioning of the Service that make the use of the Service impossible, within one (1) working day or, if this is impossible for technical reasons, FoodDocs shall notify the User when the Service becomes functional again. Any other failures that do not make the Service unusable (e.g. some of the functionalities of the Services do not function properly, there are problems with speed) will be remedied by FoodDocs within a reasonable period of time, depending on the nature of the problem.

    4. Regardless of faults or interruptions in the service, FoodDocs shall guarantee that the data forwarded through the Service at any time are saved.

    5. FoodDocs is not responsible for the accuracy of the data entered into the Platform, or the User’s compliance with the requirements arising from law. The User shall settle at their own expense any disputes with supervisory authorities concerning compliance with requirements arising from the law. Furthermore, the User shall comply with any precepts and pay penalty payments or fines imposed on it for any failure to comply with requirements arising from the law at its own expense. The parties agree that FoodDocs is not in a particular position of trust with the User in the meaning of the Law of Obligations Act.

    6. FoodDocs shall guarantee to the User achievement of the results that are consistent with laws and other regulations if the input data submitted on the Platform by the User are correct. FoodDocs shall not be responsible for any non-compliance of documents resulting from the User´s submission of false or insufficient input data.

    7. The User agrees to compensate us for any costs, damages, claims, and expenses (incl. legal expenses) that directly or indirectly arising from any breach of these Conditions or any applicable legislation that might be committed by the User.
       

  7. VALIDITY AND TERMINATION OF THE CONTRACT
    1. The legal relationship between us and the User, which arises from accepting these Conditions, is of an unlimited term.

    2. FoodDocs and the User may affect standard termination of the legal relationship at any time, by serving the other party a respective notice.

    3. FoodDocs may effect extraordinary termination of the Contract without prior notice if it becomes evident that the User has committed a material breach of these Conditions, in particular the provisions of section 2 of the Conditions, or has failed to remedy any breach of the Conditions within 10 days after having received a respective notice from Us. In this case, the User will not be refunded any prepaid fees.

    4. Users who have opted for the annual Service package may claim a refund of the prepaid fees only if they terminate the Contract within 1 month after its conclusion. If a User who has contracted the annual Service package terminates the Contract after 1 month has passed from the conclusion thereof, then no prepaid fees are refunded and the User retains the right to continue using the Platform until the end of the prepaid period.

    5. Users who have opted for the monthly Service package will not be refunded the prepaid fees, and the User may continue using the Platform until the end of the prepaid period.

    6. If FoodDocs terminates the Contract in the case referred to in subsection 7.2 of the Conditions, the User may claim a refund of the prepaid services in the amount equalling the fee calculated from the date of termination of the Contract, until the date when the prepaid period expires.

    7. In cases referred to in subsections 7.2 and 7.3 of the Conditions, FoodDocs will close the User’s user account, and the User’s access to the user account is terminated, but any data entered into the Platform for the purpose of providing the Service (other than personal data) will be retained for statistical purposes.
       

  8. AMENDMENTS
    1. We may amend the Conditions unilaterally from time to time. Any amendments to the Conditions will enter into effect after you have made available to you by e-mail, the FoodDocs application, or the Platform user account, and you have continued using the Service.

    2. To amend the Conditions, we shall publish the amended version of the Conditions on the FoodDocs website, and give you at least 14 (fourteen) days’ advance notice. If you continue using the Service after 14 (fourteen) days from receiving said notice, you shall be deemed to have accepted the amended Conditions.
       

  9. FINAL PROVISIONS
    1. The legal relationships between us and the User, arising from the use of the Platform, shall be governed by laws of the Republic of Estonia.

    2. The Parties shall attempt to settle any disputes arising from the Platform shall by negotiations. Failing an agreement, the dispute shall be settled by Harju County Court.