Terms and Conditions

AUTHENTICATE – USER AGREEMENT – BASIC LEVEL 

Our mission is to connect the Global food industry to help create transparency in the food supply chain. Our services aim to provide its Members with the ability to connect with other Members to provide full chain of custody of goods from primary production to point of sale to the consumer and to share other data confidentially between parties 

THIS USER AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (THE ‘MEMBER’) AND AUTHENTICATE INFORMATION SYSTEMS LTD (AIS), IN RESPECT OF BASIC MEMBERSHIP TO THE AUTHENTICATE PLATFORM AND THE SERVICES PROVIDED BY AIS 

IF YOU DO NOT AGREE WITH THE TERMS OF USE OR HAVE AGREED TO OR WISH TO ENTER INTO DIFFERENT TERMS, PLEASE DO NOT CLICK “ACCEPT” AND CALL CLIENT SERVICES ON 01423 548583 

1.DEFINITIONS 

As used in this Agreement, the following defined terms apply 

1.1. Agreement: means this User Agreement, as may be amended from time to time 

1.2. Authorised Users: A maximum of 2 nominated parties of the Member authorised by AIS and the Member to use the Services and be provided with a User Name and Password  

1.3. Member: the legal entity named as “Member Company” on the online Platform Membership Form completed at the time of acceptance of the Agreement 

1.4. Member Data: the data input by the Member for the purpose of using the Services 

1.5. Services: the parts and functionality of the website application made available to Basic Members deployed as a hosted service and accessed through a User Name and Password from the URL www.authenticateis.com and as may be updated from time to time 

1.6 Subscriber: Other users of the AIS platform paying a subscription to access data 

  1. MEMBERSHIP AND RESTRICTIONS

2.1. Subject to the terms of the Agreement, the Member shall be provided with a non-exclusive, non-transferable, worldwide licence to permit Authorised Users to use the Basic Services for its internal business operations and specifically for providing data to other Subscribers 

2.2. In relation to Authorised Users, the Member agrees to make every effort to prevent the sharing of User Names 

2.3. The Member shall not input, store or distribute any material during the course of its use of the Services that is unlawful, harmful, threatening, defamatory, obscene, infringing of any third party rights, harassing, racially or ethnically offensive or is otherwise illegal or causes damage or injury to any person or property 

2.4. The Member shall not copy, modify, license, sell, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise knowingly make the Services available to any third party except to Authorised Users 

2.5. The Member shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify AIS 

2.6. The Member shall not extract or use personal details (email address, telephone or postal address) of other Authorised Users for general marketing or sales purposes or for any other purposes other than the use of the Services 

2.7 The Member shall be responsible for informing all Authorised Users at the Member Organisation of the use of any private information as described in 4.5 

  1. TERMINATION 

3.1. Either Party has a right to terminate this Agreement at any time with notice to the other. On termination, the Member shall lose the right to access or use the Services 

3.2 The following shall survive termination; 

3.21 Other Members/Subscribers rights to further share or use content and information provided up to the date of termination to the extent it has been shared prior to termination 

3.2.2 Your Company profile page on the AIS Platform and Directory 

3.3. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement that existed at or before the date of termination or expiry 

3.4. the Member shall immediately pay to AIS any sums due to AIS under any other Agreement between the Parties 

  1. MEMBER DATA

4.1. The Member shall retain ownership of all the intellectual property rights of the Member Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Member Data. The Member acknowledges that AIS does not operate or exercise control over, nor accept any responsibility for any Member Data 

4.2. Member Data will only be made available to those parties which the Member agrees to share with other Members and Subscribers through its own use of the Services.  The Member acknowledges the data provided to other Members or Subscribers may be further shared with other 3rd parties.  AIS offers no warranty as to the use of shared data or actions of other Members or Subscribers in this regard 

4.3. The Member grants a non-exclusive, worldwide licence to AIS to allow the distribution, communication, display and extraction of the Member Data, only to the extent it is necessary to provide the Services 

4.4. The Member grants to AIS a non-exclusive, worldwide licence to access and publish the Member Data to create analytics, benchmarks, trends and other statistical analysis derived from the Member Data for the benefit of AIS 

4.5. An integral part of the Services is to permit the communication, connection and sending of requests for data to other Subscribers and Members. To enable this, AIS retains and makes available to other Members and Subscribers contact names, electronic communication addresses (email), phone numbers of Authorised Users at Member companies. This information is displayed on the Member Profile page and elsewhere and maybe used by other Members and Subscribers, allowing them to submit assessments, questionnaires or to submit link requests. It will also be used to communicate changes to the platform, new features and user enhancements. Communication will be by way of formal AIS Notifications or email. Authorised Users may unsubscribe from AIS emails. It is the Member’s responsibility to notify all Authorised Users that this information will appear on the Member Profile page. It is the Member’s responsibility to keep this information up to date 

  1. NO WARRANTY

5.1. To the extent allowed by law, AIS disclaims all implied warranties and representations (eg accuracy and integrity of data, merchantability, fitness of purpose) 

5.2. AIS does not guarantee that the Services will function without interruption or errors 

5.3. AIS provides the Services on an ‘as is’ and ‘as available’ basis and reserves the right to change the Services without notification as it sees fit 

  1. EXCLUSION OF LIABILTIY

6.1. To the extent allowed by law, AIS shall not be liable to the member or others for any indirect, incidental, loss of data, reputation, profits or revenues related to the Services 

6.2. In no event shall AIS be liable for any losses arising from the submission of incorrect out of date or misleading data provided by the Member or by any other Member 

  1. CONFIDENTIALITY

7.1. Each Party shall, during the term of this Agreement keep confidential all information of a confidential nature (including trade secrets and information of commercial value) which may become known to such Party from the other Party and which relates to the other Party, unless that information is public knowledge at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement 

7.2. AIS shall have the right to list the Member’s name and logo on the AIS Platform, its public website and in digital communication to other Members or prospective Members through activities designed to broaden Platform Membership of the Platform 

  1. INTELLECTUAL PROPERTY RIGHTS

8.1. The Member acknowledges that all Intellectual Property Rights, patents, trademarks, trade names, domain names, computer software rights, database rights in the Services belong and shall belong to AIS, and the Member shall have no rights in or to the Services other than the right to use it in accordance with the terms of this Agreement 

  1. DISPUTE RESOLUTION

9.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales 

February 2018