Last modified: December 2020
FoodSight is an online platform, serving as an intermediary that enables the engagement between food manufacturers (“Clients”) and providers of professional services (“Experts”) to seek and receive services in the food industry.
ACCEPTING OUR TERMS & CONDITIONS.
Please read these Terms & Conditions (“Terms”, “Agreement” and “T&C”) carefully before using the http://www.food-sight.com Website (“Site”, “FoodSight”, “us”, “we” and “our”). These Terms apply to all visitors, users, and others who access or use the Site and Services.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE IRREVOCABLE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY OUR TERMS, PLEASE DO NOT USE THIS SITE OR THE SERVICES WE PROVIDE.
Capitalized terms used in these Terms have the following meanings:
- “User Account” means the account a User has created on this Site, whether a Client or Expert account.
- “Client” means a User of our Site who created an Account of the Client type and is seeking the fulfillment of services.
- “Commission” means the fees paid to FoodSight for its intermediary role and that are incorporated to the Proposal submitted to a Client.
- “Expert” means a User of our Site who created an Account of the Expert type and who is offering his/her services.
- “Expert’s Services” means the services provided by an Expert on this Site.
- “Deliverable” means the agreed-on outcome of each phase under a Project. A project can consist of one or many phases, for each a deliverable agreed-on when entering into a Service Agreement.
- “Intellectual Property Rights” means any and all intellectual property rights, existing worldwide, as well as the subject matter of such rights, including: (a) patents, copyrights, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in (a) above, whether or not such rights are registered or capable of being registered and whether existing under any laws or in equity.
- “Offer” means the document submitted by an Expert to FoodSight specifying details of Expert’s Services such as the deadline, cost and output.
- “Payment” means a payment made by the Client in return for Expert’s services.
- “Project” means a job or services granted by a Client to an Expert on this Site and on the basis of which they enter into a Service Agreement. The Project can consist of one or many phase(s) and Deliverable(s). A Project can refer to active/ongoing or past projects.
- “Proposal” means the response to a RFP that is drafted and submitted by FoodSight to the Client, based on the Offer received by the Expert.
- “Request for Proposal” (“RFP” and “Request”) means a document submitted by the Client to FoodSight to request the services of an Expert.
- “Services” means the services provided by our Site to you.
- “Service Agreement” means the terms governing the relationship between a Client and an Expert once a Project is initiated. The Service Agreement is governed by this T&C and any other agreement, terms and Project’s details agreed on by both the Client and the Expert as long as they do not contradict or breach the law and this Agreement.
- “Expert Agreement” means the terms governing the relationship between an Expert and the Site towards performing the Project milestone once it is initiated. The Expert Agreement is governed by this T&C and any other agreement, terms and Project’s details agreed on by the Expert as long as they do not contradict or breach the law and this Agreement.
- “Registered User” means any User who created an Account on our Site.
- “Third Party” means any person (including physical or moral person such as a company) who is not party to the Service Agreement between a Client and an Expert under these Terms.
- “Users” refers to any person whether a visitor, a Registered User or any other who access or use this Site and its Services.
UPDATES TO TERMS.
When using this Site’s particular Services, you shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. We reserve the right at our sole discretion, to change, modify, add or remove portions of these Terms by updating this posting or any linked information. Unless otherwise provided in such revision, the revised Terms will take effect when they are posted.
ACCURACY OF INFORMATION.
This Site and its components are offered for informational purposes only. This Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any error or omissions in that information.
To register for an Account or use the Site and Site Services, you must, and hereby represent that you:
- Are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts;
- In case of an Expert, you should complete your profile, fill your academic & professional details and attach your CV & certifications, and any other information requested by the Site, as a proof that you are authorized and qualified to act as a food consultant. FoodSight reserves its right under these Terms to validate your eligibility, refuse, or later on, to terminate your account if it discovers that you are not duly qualified as you claim. (Hyperlink to Clause 10-Investigations);
- Will use the Site and Site Services for business purposes only; and
- Will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, in case you are acting under these Terms as an Expert.
By accessing our Site, you will be able to get to know the work and type of Services offered by FoodSight and gain access to information related to regulatory documents and requirements in the food industry in Lebanon, the MENA region and internationally. However, to access the totality of the Site and to be able to request or perform services, you must create an Account. For this end, you are requested to submit some personal information related to you as a Registered User.
Upon accepting these Terms, you agree to provide true, accurate, and complete information on your Account and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services you or your business provides and to correct any such information that is or becomes false or misleading.
To create an Account on our Site, you must indicate whether you are using it as a Client or an Expert. Accordingly, FoodSight offers you two different Account types. Once you register for one Account type, Client OR Expert, you can only use your Account to perform tasks allowed under this type of Account. In case there is a need, you can create another Account under the other type, but this will be allowed under different username and password. For example, if you already have a Client’s Account, you can create an Expert’s Account in a separate registering process following the other Account type settings.
If you are an owner of an Account on this Website, you are responsible for keeping the confidentiality of your private User details (username and password). You are responsible for all activities that occur under your account or password. You may not impersonate someone else to create an Account, create or use an Account for anyone other than yourself, permit anyone else to use your Account, or provide personal information for purposes of Account registration other than your own.
We reserve all rights to terminate Accounts, edit or remove content and cancel requests and projects at our own sole discretion in case you violate these obligations.
Under these Terms, any audio, video, text, images or other material you choose to display on this Website are referred to as your content. With respect to your content, by displaying it, you grant FoodSight a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
By accepting these Terms, you undertake that your content must be your own and must not be infringing on any Third Party’s rights. FoodSight reserves the right (but not the obligation) to remove any of your content from this Website at any time, and for any reason, without notice.
RESPONSIBLE USE OF SITE.
You may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to Third Parties or other users. Content has to be free of software viruses, political campaign, and commercial solicitation.
You are expressly and emphatically restricted from all of the following:
- publishing any of the Site’s material in any media;
- selling, sublicensing and/or otherwise commercializing of the Site’s material;
- publicly performing and/or showing of the Site’s material;
- using this Site in any way that is, or may be, damaging to this Site;
- using this Site in any way that impacts user access to this Site;
- using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
- using this Site to engage in any advertising or marketing;
- using the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
- using the Services to violate the security of any computer network, crack passwords or security encryption codes;
- trying to remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services;
- attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
- Attacking the Services via a denial-of-service attack or a distributed denial-of-service attack.
In some cases, and if FoodSight deem it necessary, when you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on FoodSight. You authorize us, directly or through Third Parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
The Website contains features that enable you to do, among other things, the following:
- Access regulatory documents, browse and download regulatory document related to the food industry;
- Upon creating an Account, Registered Users access a multi-screen dashboard where each, according to the Account type, can request services, provide services or communicate with FoodSight’s team or other Users once they enter into a Service Agreement.
Once the Client and the Expert agree on the provision of services under the Proposal, a Project is initiated and both enter automatically into a Service Agreement. The description of services, timeline, phases, deliverables and fees/cost that both the Client and the Expert agree on form an integral part of the Project details and are binding to both the Client and the Expert. Accordingly, Users when defining a Project and before entering into a Service Agreement, should be clear as to divide, if needed, a Project into clear phases/Milestones and to attribute for each clear, separate and independent Deliverable. Each Deliverable will have its own cost as to allow FoodSight to receive Payments from Client accordingly.
You should be aware that the timeline for the implementation of a Project should take into consideration that an Expert will only initiate its work when the Payment for the next Deliverable is executed to FoodSight, as a guarantee of Users’ rights under these terms. Nevertheless, the Client while requested to pay immediately for the next Deliverable, is granted a grace period to make the payment. Further details on this are mentioned under the specific Users Payment terms.
The usual cycle of a service is mainly as follows:
- Submitting a request: the Client submits a Request for Proposal (RFP) to FoodSight from his Account when signed in. The RFP should be clear when describing the services and expectations as to allow any Expert to prepare an Offer accordingly.
- Submitting an Offer: Once FoodSight receives the RFP, it chooses multiple Experts whose backgrounds meet the Client services’ requirements (and based on the experts selection procedure set by FoodSight) and ask them to submit each an Offer. The Offer should clearly state the time needed, fees, description of work and Deliverable(s).
- Clarification and amendment of RFP: The Expert may request FoodSight a clarification of any part of the Request for Proposal. The Client will provide via FoodSight, in a timely manner and at no cost, the inputs and relevant information to allow the Expert to submit his/her final Offer. Any request for clarification will be sent using the online tools we are offering on our Site. Should the Client consider it necessary to amend the RFP as a result of a clarification, he shall edit the related inquiry and mention the additional clarification. Accordingly, the Experts submit to FoodSight a modified Offer.
- Evaluating Offers: Once submitted, FoodSight will review the received Offers, and decide on the most convenient one to be forwarded to the Client for approval. When deciding on the most convenient Offer, FoodSight takes into consideration criteria such as quality of work, timeline and fees.
If requested by the Client, FoodSight may leave the decision up to the Client to choose the matching Offer and the expert to work on their Project, based on their Preferences related to timeline, budget, expertise level, or other criteria.
- Drafting a Proposal: once FoodSight decides on an Offer, it prepares accordingly a Proposal to which it adds its Commission before sending to the Client for approval or comments.
- Commencement of Expert’s Services: Once the Client agrees to the Proposal, a Service Agreement is automatically set to govern the Project (Terms & services clauses govern all requirements). Accordingly, the Client and the Expert enter into direct communication on this Site. Clients and Experts are to communicate exclusively on the Site for the purposes of the Project and are not allowed to share personal contact information; otherwise this would be considered a breach of these Terms (unless exclusively allowed by FoodSight team for specific considerations).
In fulfilling his/her obligations under these Terms, the Expert undertakes to perform the services in compliance with the highest ethical and professional standards. In addition, Users undertake to act in good faith in their mutual relationship and towards FoodSight and to adopt all reasonable measures to ensure the realization of the Project’s required services and payments.
Details are listed under Specific Users Terms & Conditions.
You can see these details from your respective dashboard as Expert or Client.
- You undertake that you shall maintain in confidence and shall not disclose or use, at any time during or after the term of the Project, without the prior written consent of FoodSight or the concerned User, any Confidential Information whether or not it is in written or permanent form.
- Upon termination of the Project or upon request by the Client at any time before or after such termination, the Expert shall deliver to the Client all written and tangible material in the Expert’s possession incorporating the Confidential Information or otherwise relating to the Client’s business under the Service Agreement they entered to.
CLIENTS’ PROPIETARY RIGHTS.
Any report or other output such as charts, procedures or else, prepared by the Expert for the Client under the Project, shall belong to and remains the property of the Client. The Expert may retain a copy of such documents. All reports and relevant data and information such as maps, diagrams, plans, databases, other documents and software, supporting records or material compiled or prepared by the Expert for the Client in the course of the services shall be confidential and become and remain the absolute property of the Client.
LINKS TO OTHER WEBSITES.
Our Site may contain links to third-party web sites or services that are not owned or controlled by FoodSight. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. If you decide to access any of the Third-Party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
FOODSIGHT INTELLECTUAL PROPERTY.
Content published on this Website (such as digital downloads, images, texts, graphics, logos, data compilation, software) is the property of FoodSight and/or its content creators and are protected by Lebanon and international copyright laws. The entire compilation of the content found on this Website is the exclusive property of FoodSight and protected by Lebanon and international copyright laws.
Users may not assign, delegate, sub-contract, charge, or otherwise transfer any or all of its rights and obligations under these Terms without the prior written consent of FoodSight.
The entire communication with us is electronic. Every time you send us an email or visit our Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our Website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
CLAIMS OF INFRINGEMENT.
We take your notices of alleged Intellectual Property rights infringement seriously. We will respond and investigate serious notices of such infringements. Kindly contact us in case you believe your copyrights were violated on email@example.com and we promise you to take your concern seriously and respond to it accordingly.
LIMITATION OF LIABILITY.
FOODSIGHT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS FOODSIGHT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOODSIGHT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FOODSIGHT OR LAW ENFORCEMENT AUTHORITIES.
LIMITATION OF LIABILITY
- In no event shall FOODSIGHT, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and FoodSight, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
- In case some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, IN THESE JURISDICTIONS, FoodSight’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You hereby indemnify to the fullest extent FoodSight from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
We operate from Lebanon and we do not guarantee if you are violating any local regulations or stipulations of your law. THUS, YOU ARE RESPONSIBLE TO MAKE SURE THAT YOU ARE NOT VIOLATING THE REGULATIONS IN YOUR PLACE OF RESIDENCE OR OTHERS.
By visiting this website, you agree that the laws of Lebanon, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between FoodSight and you, or our business partners and associates.
Users will use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to these Terms or any Project. FoodSight will offer its services to assist the Client and the Expert by reviewing their dispute and shall propose a mutual, non-binding resolution.
Any dispute between client, FoodSight and/or Expert, controversy or claim arising out of or relating to the project or the breach, termination or invalidity thereof, that cannot be settled amicably may be referred exclusively to the jurisdiction of the Lebanese courts located in Beirut. These courts shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement and consequent transactions.
FoodSight shall not be responsible for any failure to perform or any delay in performance of any obligation by any User hereunder due to events beyond our control, including but not limited to labor disturbances, accidents, fires, floods, earthquakes, telecommunications or internet failures, strikes, blocking of means of transport or supply, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control.
The time for performance shall be extended by the period of such delay. We shall take all reasonable steps to mitigate the effects of any force majeure event. Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 60 days, either party to a Project may give to the other a 30-days notice of termination. If, at the end of the 30-days period, the effect of the Force Majeure continues, the related Project and subsequent Service Agreement will terminate.
The English version of these Terms shall prevail for any purposes.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
These Terms, including any legal notices and disclaimers contained on this Website, in addition, constitute the entire agreement between FoodSight and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
By using this Site, you declare your acceptance of these Terms. If you do not agree to these Terms, please do not use our Site.
If you have any questions about these Terms, please contact us electrically by sending a message on our Site or an email on firstname.lastname@example.org .
Address: Lebanon, Beirut