F&BLinks - Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions ("Terms") apply to your use of F&B Links’s mobile ordering platform. All services provided by F&B Links, including the services, information, features and functionality offered through our website at www.F&BLinks.com (the "Website") and our mobile applications (“the Application”) are referred to herein as the “Service”.

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE SERVICE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICE.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. See below under the heading “Modification of The Service and Terms” for more information.

The personal information you provide through the Service shall be collected, used, managed and disclosed in accordance with our Privacy Policy.

F&B Links

These Terms are between you and F&B Links (“F&B Links”) .When used in these Terms, the terms “us”, “we” and “our” refer to F&B Links.

WHAT WE DO

We provide a way for you to order (“Order”) carbon offsets or services (“Products”) from third party projects (“Projects”). F&B Links is a limited agent for its Project partners with the authority to offer a Project’s Products for sale at the price shown through the Service. F&B Links has the authority to accept or decline your Order on behalf of the Project and collect payment for your Order on behalf of the Project. F&B Links also has the authority to provide certain discounts and promotional offers in connection with Products offered through the Service. F&B Links does not provide the Products itself or operate any of the Projects, and is not itself a Project. F&B Links is not responsible for the quality, character or safety of any Products available through the Service, that is the sole responsibility of the Project. The provision of the Product and fulfilment of any Orders by the Project to you constitutes an agreement entered into between you and the Project. F&B Links shall never be a party to such agreement.

SIGNING UP

You have to be at least the age of majority or older in your jurisdiction of residence in order to use the Service. If you reside in a jurisdiction that restricts the use of the Service because of your age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.

By using the Service, you are entering into a contract with F&B Links under these Terms.

You warrant that the information you provide to F&B Links is accurate and complete and that you shall keep the information you have provided to F&B Links current through the Service. F&B Links is entitled at all times to verify the information that you have provided and to refuse use of the Service without providing reasons.

In connection with your use of the Service, F&B Links can send you electronic service messages. These electronic messages can be sent for various reasons, including to provide a receipt for your Order, for security purposes (e.g. verifying that your smartphone is connected to the phone number you entered upon registration) and for issues related to an Order you placed (e.g. if the Project is out of stock of an item you ordered, you can be notified by text message). For information about promotional and marketing messages, please refer to our Privacy Policy.

MAKING AN ORDER

F&B Links has the sole and complete discretion to accept or reject each Order on behalf of the Project.

Once you have submitted your Order, you shall not be entitled to change or cancel your Order, nor shall you be entitled to a refund of your Order. F&B Links shall notify you as soon as reasonably practicable if your Order is rejected for any reason. Your Order can be rejected at any time because the Project is too busy, due to weather conditions or for any other reason. If your Order is accepted, payment shall be authorized by F&B Links and you shall be provided an estimate on when your Order shall be ready. Neither F&B Links nor the Project guarantee that Orders shall be ready for pick-up within the estimated times.

If you have any issues with your Order (including any issue regarding the accuracy of information provided through the Service), or wish to change or cancel your Order after it has been accepted, you can contact us directly (contact@F&BLinks.com) and we shall assist you in resolving your issue. We cannot guarantee that we can resolve any complaint or issue you have because resolution is at the sole discretion of the Project once an Order has been accepted. If we are unable to assist you in resolving a complaint, you shall need to address it directly with the Project. All complaints regarding the quality of any Products should be addressed directly to the Project. F&B Links has no obligation to compensate you for any dispute you can have with any Project.

ACCEPTABLE USE

You can only access the Service using the means and methods permitted by F&B Links. It is your responsibility to ensure you download the correct Application for your device. F&B Links is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. F&B Links reserves the right to terminate your use of the Service should you be using the Service with an incompatible or unauthorised device.

By using the Service, you further agree that:

You shall only use the Service or download the Application for your sole, personal use and shall not resell it to a third party;

You shall not authorize others to use your account;

You shall not assign or otherwise transfer your account to any other person or legal entity;

You shall not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material;

You shall not use the Service to cause nuisance, annoyance or inconvenience;

You shall not impair the proper operation of any network accessed through the Service;

You shall not try to harm the Service in any way whatsoever;

You shall not copy or distribute the Website or Application without written permission from F&B Links;

You shall keep secure and confidential your account password or any identification we provide you which allows access to the Service;

You shall provide us with whatever proof of identity we can reasonably request;

You shall only use the Service through an internet connection you are authorized to use;

You shall not use the Service with an incompatible or unauthorized device; and

You shall comply with all applicable laws including the laws of the area in which you are present while using the Service.

F&B Links reserves the right to immediately terminate your use of the Service should you not comply with any of the above rules. F&B Links shall have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. F&B Links can involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that F&B Links has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

PAYMENT

The Service is available to you free of charge. F&B Links reserves the right to introduce a fee for the use of the Service. If F&B Links decides to introduce such a fee, F&B Links shall inform you accordingly.

F&B Links shall charge you on behalf of the Project for the Order placed by you. You agree that you shall pay for all Products you purchase from the Project, and that F&B Links can charge you the total amount for your Order using the payment method provided by you (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees and for providing F&B Links with a valid method of payment at all times. Any payment made is non-refundable.

F&B Links uses a third-party payment processor (the "Payment Processor") to link the payment card you provide to the Service, and by using this third-party service, you agree to its terms and conditions of service.

The processing of payments,credits or points as applicable, in connection with your use of the Service shall be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. F&B Links is not responsible for any errors by the Payment Processor.

PROMOTIONS AND REWARDS

F&B Links can, in F&B Links's sole discretion, provide offers, programs and promotions (“Promos”)and that allow you to obtain account credits, Employer Points, Bonus Points, or other features or benefits related to the Services and/or a third party provider's services (collectively, “Promo Benefits”). Promos can be subject to additional terms and conditions that F&B Links establishes from time to time. You agree that:

Promos must be used for the intended audience and purpose, and in a lawful manner;

Promos can not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by F&B Links;

Promos can be changed, terminated or disabled by F&B Links at any time for any reason without prior notice or liability to F&B Links;

One Promo cannot be combined with any other Promo unless expressly permitted by F&B Links in the terms of the Promo;

Promo Benefits can only be used pursuant to the specific terms that F&B Links establishes for the applicable Promo; and

Promo Benefits are not redeemable for cash and can be subject to expiration or termination conditions.

Certain Promos can only be available to new users. New users are people who have not yet created a F&B Links account. New users can also be required to complete an Order before being eligible for any Promo offer and the Promo Benefits. Additional terms and conditions specific to new user Promos can be specified by F&B Links from time to time.

F&B Links reserves the right to delay delivery of Promo Benefits pending verification that a user has complied with the terms of the Promo, including verification of the user's identity. F&B Links users that make a referral code available to others must not make any false or misleading representations related to F&B Links or the benefits a new user can receive upon signing-up for F&B Links. F&B Links reserves the right to deduct or cancel Promo Benefits in the event that F&B Links determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.

Account credits provided by F&B Links, whether as a Promo Benefit, through the redemption of Points or otherwise provided by F&B Links through any means, have no cash value and are not transferable. If a purchase on F&B Links exceeds the account credit value in your account, the remaining balance shall be charged to the registered credit card. Account credits can be cancelled and removed from your account. Unless otherwise specified in the particular Promo, account credits are subject to cancellation by F&B Links at any time and can be removed from your account at F&B Links’s discretion.

Unless otherwise prohibited by applicable law, F&B Links reserves the right to cancel and/or expire any rewards points in your account after one year of account inactivity.

INDEMNIFICATION

By accepting these Terms and using the Service, you agree that you shall indemnify and hold harmless F&B Links, its affiliates, licensors, and each of their officers, directors, other users, employees, legal representatives and agents (collectively, “F&B Links Group”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including, without limitation, Projects arranged via the Service; or (iii) your use or misuse of the Service.

LIABILITY

THE LEGISLATION OF CERTAIN JURISDICTIONS DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SO THAT SOME OF THE PROVISIONS BELOW CANNOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT THAT, BY APPLICABLE LAW, SUCH LIABILITY CANNOT BE SO LIMITED OR EXCLUDED.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, F&B Links DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (I) THE APPLICATION OR SERVICE SHALL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR SERVICE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE SHALL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO MEMBER OF THE F&B LINKS GROUP SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL, DATA, OPPORTUNITY OR SALES, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE F&B LINKS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU CAN ACCESS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE THE F&B LINKS GROUP FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING.F&B LINKS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.

WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE F&B LINKS GROUP TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE SHALL IN NO EVENT EXCEED US$50.00.

CONTENT

For the purpose of these Terms, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"F&B Links Content" means Content owned or used by F&B Links, its affiliates or third-party licensors (including Projects) and made available through the Service, but excluding User Content.

"User" means a person who accesses or uses the Service.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service.

"Collective Content" means, collectively, F&B Links Content and User Content.

Subject to your compliance with these Terms, F&B Links grants you a limited, revocable, non-exclusive, non-transferable license:

to view, download and print any F&B Links Content solely for your personal and non-commercial purposes; and

to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

Unless otherwise stated, the copyright and other intellectual property rights in the F&B Links Content are owned by us, the Projects or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in the United Kingdom and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the F&B Links Content other than in accordance with these Terms is prohibited.

You have no right to sublicense the license rights granted in this section.

You can not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Collective Content, except as expressly permitted in these Terms. You can not reuse any Collective Content without first obtaining the written consent of F&B Links. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by F&B Links or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.

We can, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on through the Service. User Content shall be deemed non-confidential and non-proprietary. By providing User Content to F&B Links, you grant F&B Links a non-exclusive, perpetual, transferable, worldwide, royalty-free, right to use, copy, distribute, display, modify, make derivative works from, and disclose to third parties any User Content for any purpose, in any medium and throughout the world. You hereby waive any moral rights in your User Content in favour of F&B Links.

You acknowledge that F&B Links only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. F&B Links does not continuously monitor User Content published by you or moderate between Users, nor shall F&B Links be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of F&B Links.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory, vulgar, illegal, or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and hold harmless the F&B Links Group against all costs, expenses, damages, losses and liabilities incurred or suffered by any member of the F&B Links Group related to any User Content posted or transmitted by you through the Service.

F&B Links reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which F&B Links believes is not in accordance with these Terms (including without limitation materials which infringe or can infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to F&B Links. You agree to provide to F&B Links sufficient information to enable F&B Links to investigate whether such User Content breaches these Terms. F&B Links shall take such action as F&B Links in its sole discretion decides. However, F&B Links does not warrant or represent that it shall block or remove (in whole or in part) or monitor such User Content.

INTELLECTUAL PROPERTY OWNERSHIP

F&B Links alone (and its third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by F&B Links. F&B Links's name, logo, and the product names associated with the Service are trademarks of F&B Links, its affiliated companies or third parties, and no right or license is granted to use them.

THIRD PARTY INTERACTIONS

During use of the Service, you can enter into correspondence with, purchase Greats or services from, or participate in promotions of Projects, advertisers or sponsors through a link on the Website or through the Application or Service. These links take you off the Website, the Application and the Service and are beyond F&B Links's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. F&B Links is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites can send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

TERMINATION

You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on F&B Links's website. F&B Links is entitled to terminate your use of the Service at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of F&B Links, misuse the Application or the Service.I

ENTIRE AGREEMENT

The Terms (including any referenced documents) constitute the entire agreement between you and F&B Links and governs your use of the Service, superseding any prior version of these Terms between you and F&B Links.

WAIVER AND SEVERABILITY OF TERMS

The failure of F&B Links to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

MODIFICATION OF THE SERVICE AND TERMS

F&B Links reserves the right, at its sole discretion to change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. F&B Links can also impose limits on certain features and services or restrict your access to parts or all ofthe Service without notice or liability.

F&B Links reserves the right, at its sole discretion, to modify or replace any of these Terms. If we change these Terms, we shall provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were last updated. Such changes shall be effective when the revised Terms are posted to our Website. You should check the Terms frequently for any revisions, and especially before your use of the Service. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service.

NOTICE

F&B Links can give notice by means of a general notice sent through the Application, or by electronic mail to your email address on record in F&B Links's account information, or by written communication sent by regular mail to your address on record in F&B Links's account information.

ASSIGNMENT

You can not assign your rights under these Terms without prior written approval of F&B Links.

APPLICABLE LAW AND DISPUTE RESOLUTION

To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the English courts with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these Terms or

your use of the Service. This contract is governed by English Law. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND F&B LINKS AGREE THAT EACH CAN BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and F&B Links agree, no arbitrator or judge can consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

You agree that any Dispute shall be submitted to and determined by binding arbitration in England. The language of arbitration shall be English.

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