BaconCheck Terms of Use
Welcome to the BaconCheck website, an online service designed and offered by BaconCheck Ltd. ("BaconCheck") and its affiliates especially for pig businesses around the world. These terms of use are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
If you use this website, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
If for any reason you are unable to meet all the conditions set forth under this agreement, or if you breach any of the Terms of Use contained herein, your permission to use BaconCheck Apps or access any of the Services (defined below) offered by them immediately lapses and you must destroy any materials downloaded or printed from the BaconCheck Apps.
BaconCheck reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of the BaconCheck Apps is subject to the most current Terms of Use posted on the Site at such time. The most current version can be reviewed by clicking "Terms of Use" hyperlink at the bottom of our Site pages.
Definitions.
The following terms shall have the following meaning throughout the Terms of Use.
"Agreement" or "this agreement" refers to these Terms of Use.
"Applicable law" refers to the laws currently in force in England and Wales which shall govern this agreement.
"Site" means this website, all related webpages, and all related websites operated by affiliates or divisions of BaconCheck, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
"Service" and "Services" refer to the online checking, comparison and reporting service and other pig slaughter related services and Support offered through BaconCheck Apps from time to time.
"Subscriber" refers to any person who maintains an account with us and utilises our Services.
"Support" means free and paid technical support and assistance provided to users by BaconCheck and other third party contractors of BaconCheck from time to time.
"BaconCheck", "we", "us" shall refer to BaconCheck Ltd. and all its affiliates and subsidiaries.
"BaconCheck Apps" means the Site and all mobile applications and other applications which provide access to the Services offered by BaconCheck and its affiliates from time to time.
"BaconCheck Parties" includes BaconCheck, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
"You" and "user" shall refer to any person who visits the Site or uses the BaconCheck Apps and includes a subscriber and its employees and agents.
BaconCheck grants you a non-exclusive, non-transferable limited licence to use the BaconCheck Apps and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable licence agreements.
You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
BaconCheck may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. BaconCheck may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the BaconCheck Apps or the Services whatsoever is to discontinue using the BaconCheck Apps and the Services.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the BaconCheck Apps or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the BaconCheck Apps and the Services. BaconCheck accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the BaconCheck Apps or the Services except as otherwise set out herein.
You agree to use the BaconCheck Apps and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of the BaconCheck Apps. Your registration for any of the BaconCheck Apps constitutes consent to use any personal information which you provide us in such registration for registration purposes and for all uses ancillary thereto for which your consent may reasonably be implied.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorised access to or use of your account. You agree to hold harmless and release the BaconCheck Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the BaconCheck Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
BaconCheck and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the BaconCheck Apps and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the BaconCheck Apps constitute trade secrets.
The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the BaconCheck Apps by a user or otherwise provided for accessing the BaconCheck Apps on the user's behalf shall at all material times remain the property of the user.
BaconCheck does not claim ownership of data you may submit on the Site. However, with respect to the data you submit or make available for inclusion on the Site (other than User Data or Payment Method information), you grant BaconCheck a worldwide, perpetual, irrevocable, royalty-free and non-exclusive licence, as applicable, to anonymously use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.
BaconCheck will own all Aggregated Data. You agree that nothing in this Agreement will prohibit BaconCheck from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or any End User
Materials on and relating to the BaconCheck Apps, including the content of the BaconCheck Apps and any software downloaded from the BaconCheck Apps, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, BaconCheck reserves all rights in and to such materials.
The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the BaconCheck Apps or any content therefrom without BaconCheck's express written consent. You will also take all reasonable steps to forestall any unauthorised use, copying or transfer of materials on or relating to the BaconCheck Apps.
No user shall be permitted to upload material into the BaconCheck Apps that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the BaconCheck Apps and the Services in a manner which could block access to, impair, damage or otherwise disable the BaconCheck Apps or any of our servers.
You may not attempt to gain unauthorised access to the BaconCheck Apps or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicence, assign or otherwise deal with the software belonging to BaconCheck in a manner that is inconsistent with our intellectual property rights over the software.
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE BACONCHECK PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE BACONCHECK APPS AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO THE BACONCHECK APPS; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORISED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF THE BACONCHECK APPS AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENCE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE BACONCHECK APPS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY GREAT BRITAIN POUNDS (£50) AND (B) AMOUNTS YOU'VE PAID BACONCHECK IN THE 12 MONTH PERIOD PRIOR TO THE DATE THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, BACONCHECK, ITS LICENCEES, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT THE BACONCHECK APPS, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS' REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE BACONCHECK APPS AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND YOU AGREE TO USE THE BACONCHECK APPS, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO THE BACONCHECK APPS AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF THE BACONCHECK APPS AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING THE BACONCHECK APPS AND THE SERVICES.
BaconCheck may terminate this agreement and your use of the BaconCheck Apps at any time without notice, including, without limitation, if you breach any of these terms. Subscribers may use BaconCheck on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related licence agreement.
You own all of your business's private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the BaconCheck Apps. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
For the purposes of fraud prevention and law enforcement;
To our lawyers in connection with any legal proceedings; and
To comply with a court order.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request.
If we're required by law to divulge your info, or in any cases outlined above, we'll do our best to let you know ASAP and allow you to have your say about it.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the England and Wales.
The websites www.BaconCheck.co.uk and www.BaconCheck.com and the name BaconCheck, are property of BaconCheck Ltd. a company incorporated under the United Kingdom Corporations Act.
BaconCheck's Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business' financial information (the "Information") collected for the purposes of the Services offered through our website. The BaconCheck Privacy Policy may be updated from time to time.
Subscribers and users are responsible for maintaining the confidentiality of their usernames, passwords and other access credentials which allow them use the BaconCheck Apps and access the Services.