Terms & Conditions

Welcome to Fodafilment. This page contains the terms and conditions that apply to your use of our Portal. It’s important that you read and understand what we’ve written as it sets out what we expect from each other.

1. About our terms

1.1      These terms and conditions of use (Terms) explain how you may use our webPortal portal (including your personal Fodafilment portal (Portal)) and any of its content. These Terms apply between Fodafilment (we, us or our), part of FodaBox Limited, and you, the person accessing or using the Portal (you or your).

1.2      You should read these Terms carefully before using the Portal. By using the Portal or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Portal immediately.

1.3      If you are taking services from us, our separate General Terms and Conditions of Service apply which you accept when onboarding unless and until you have expressly agreed and signed a specific services contract with us. In that case, the terms and conditions of that contract apply in place of our General Terms and Conditions.

2. About us

2.1      We are FodaBox Limited (trading as Fodafilment), a company registered in England and Wales under company registration number 07591686. Our registered office is at Unit 10, Quadrant Park, Welwyn Garden City, Hertfordshire AL7 1FS. Registered VAT number: GB112716251

2.2      If you have any questions about the Portal, please contact us by:

2.2.1  Using the get in touch buttons on the webPortal,

2.2.2  Call us on +44 3331 212155 (our telephone lines are open Monday to Friday: 9.00 am to 6.00 pm (UK time), except bank holidays).

3. Using the Portal

3.1      The Portal is for your use only.

3.2      You agree that you are solely responsible for:

3.2.1  Ensuring that you (and any person authorised to use the Portal) have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for using the Portal; and

3.2.2  all costs and expenses you may incur in relation to your use of the Portal.

3.3      You must not:

3.3.1  use the Portal in connection with goods or services which are in violation of any laws, regulations or codes of practice or which may bring Fodafilment into disrepute, and

3.3.2  use the Portal other than in accordance with any stipulations, instructions or user guides issued by Fodafilment from time to time;

3.3.3  use robots, spiders, scrapers or similar things on the Portal;

3.3.4  attempt to undermine or circumvent any system security measures on the Portal or other measures designed to stop or limit access to parts of it;

3.3.5  attempt to access the object code or source code of the Portal or any part of it or any software used by or made available to the Customer as part of the Services;

3.3.6  do anything that might cause the Portal or Fodafilment’s supporting systems to crash;

3.3.7  misappropriate the Portal or any part of it for use in any other Portal or application; or

3.3.8  attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs used by Fodafilment in connection with the Portal.

3.4      Promptly following notification from Fodafilment, you must take such corrective action as Fodafilment may require if you or anyone on your behalf does any of the above.

3.5      We make no promise that the Portal is appropriate or available for use in locations outside of the UK. If you choose to access the Portal from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

3.6      We try to make the Portal as accessible as possible. If you have any difficulties using the Portal, please contact us using the contact details in section 2 above.

3.7      As a condition of your use of the Portal, you agree not to:

3.7.1  misuse or attack our Portal by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

3.7.2  attempt to gain unauthorised access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal.

3.8      We may prevent or suspend your access to the Portal if you do not comply with these Terms or our Service Terms or any applicable law.

3.9      When using any communication facilities on the Portal you agree to abide by the following rules:

3.9.1  You must not use obscene or vulgar language;

3.9.2  Nothing you submit can be unlawful or otherwise objectionable and you must not use the Portal to publish material which may, or is intended to, be abusive, threatening, harassing, defamatory, racist, ageist or sexist, promote violence;

3.9.3  Your communications must be in English;

3.9.4  You must not impersonate anyone else;

3.9.5  If you see a communication which you find objectionable, tell us as soon as you can.

3.9.6    We have the absolute right to moderate all communications on the Portal.

4. Registration and password security

4.1      Use of the Portal requires registration and the creation of an Account. When creating and using an Account the information you use must be complete, accurate and truthful and updated as necessary.

4.2      You must create one account to use your Portal (Account) and you must have no more than one Account. We may suspend or terminate any second or further account.

4.3      You must not share Your Account with anyone else.

4.4      We are not obliged to permit anyone to register with the Portal or create an Account and we may refuse, terminate or suspend registration to anyone at any time.

4.5      You are responsible for making sure that your user ID, password and any other Account details are kept secure and confidential, not disclosed to unauthorised people and are used properly, including changing passwords on a regular basis.

4.6      You must inform Fodafilment immediately if there is any reason to believe that your user ID, password, Account details has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

4.7      If we have reason to believe there is likely to be a breach of security or misuse of the Portal through your Account or the use of your password, we may notify you and require you to change you’re your user ID and/or password, or we may suspend or terminate your Account.

4.8      You must log off when you exit your Account. If you leave it open, other people may be able to use it.

4.9      Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://www.fodafilment.com/privacy-policy/.

5. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://www.fodafilment.com/privacy-policy/, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. If our Service Terms apply to you, these set out certain data protection obligations that apply to our processing of personal data we process on your behalf as a data processor, with you being the data controller.

6. Ownership, use and intellectual property rights

6.1      The intellectual property rights in the Portal and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Portal (Content) and any customisation or enhancement of or upgrade or modification to the Portal and/or Content (whether or not for all users or you alone) are owned by us and our licensors.

6.2      We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

6.3      Nothing in these Terms grants you any legal rights in the Portal, its Content or any related object code or source code of any user in the Portal or any part of it other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Portal or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Portal or the Content.

6.4      Trademarks: Fodafilment is our trademark. Other trademarks and trade names may also be used on the Portal or in the Content. Use by you of any trademarks on the Portal or in the Content is strictly prohibited unless you have our prior written permission.

7. Submitting information to the Portal

7.1      While we try to make sure that the Portal is secure, we do not actively monitor or check whether information supplied to us through the Portal is confidential, commercially sensitive or valuable. If any information on your dashboard is confidential, our Service Terms will apply. We do not promise that the Portal will meet any specific or heightened cybersecurity requirements you may be subject to.

8. Accuracy of information and availability of the Portal

8.1      We try to make sure that the Portal is accurate, error free, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Portal will be fit or suitable for any purpose or will meet your specific requirements. Any reliance that you may place on the information on the Portal is at your own risk.

8.2      We may suspend or terminate access or operation of the Portal at any time as we see fit.

8.3      Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other web portals that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Portal and its Content.

8.4      While we try to make sure that the Portal is available for your use, we do not promise that the Portal will be available at all times or that your use of the Portal will be uninterrupted.

9. Hyperlinks and third-party Portals

The Portal may contain hyperlinks or references to third party advertising and web portals other than the Portal. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or web portals and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or web portal does not mean that we endorse that third party’s web portal, products or services. Your use of a third-party Portal may be governed by the terms and conditions of that third-party Portal and is at your own risk.

10. Our responsibility to you

10.1    If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

10.2    We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage of any kind.

10.3    Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

11. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

12. No third party rights

No one other than us or you has any right to enforce any of these Terms.

13. Variation

13.1    No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13.

13.2    We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Portal and by continuing to use and access the Portal following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

14. Complaints

14.1    We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

14.2    The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

14.3    Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.