0. OBJECTIVE

These General Conditions regulate the use of the fooquo platform of the www.fooquo.com website, which is owned by AIR TAKA, SL (hereinafter, fooquo, Site or Platform).

fooquo

is the online tool specialized in the food sector which allows qualified Suppliers in the sector to connect with key account Buyers. fooquo is not an intermediary. This is an application for direct connection which does not intervene in any way with the relationships or processes between the companies. fooquo does not charge commission on the commercial transactions which the use of the platform generates.

These General Conditions may be amended without prior notice; therefore, it is recommended that you read this content carefully before proceeding. The amended agreement will take effect immediately after it has been published. This agreement was last amended on April 1, 2016.

1. IDENTIFICATION

AIR TAKA, in compliance with the Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, informs you that:

· The company name is: AIR TAKA, SL

  • The business name is: fooquo
  • The CIF number is: B66564428

· The registered office is at: C / CORCEGA, No. 662, 6º, 2a, POST CODE 08026 BARCELONA (SPAIN).

· It is registered in the Companies Register of BARCELONA, ​​VOLUME 44090, PAGE 143, SHEET B-471048, ENTRY 1ª

2. COMMUNICATIONS

To contact us, we place at your avail various means of contact which we list below:

  • Email: info@fooquo.com

· Address: C / Llacuna, No. 162, modulo 307, POST CODE 08018 BARCELONA (SPAIN)

  • Telephone: 930 234 790

All notifications and correspondence between users of the platform and fooquo will be deemed effective for all purposes, when conducted through any of the means detailed above.

3. ACCESS TO THE SERVICE

The services provided by fooquo via the platform are charged on the basis of some adjusted rates which are shown on the web.

To access the platform, users must be of legal age and must be authorized to accept this agreement on behalf of their company.

The user accesses the platform through the introduction of a User ID and Password. These codes will be non-transferable and use of these is the sole responsibility of the User. The scope of this responsibility is described in Item 6 of these Conditions.

By accessing or using the Site, you agree to accept the terms and conditions set forth in this agreement. If you do not agree to all of the terms and conditions of this Agreement, please do not use this Site.

4. OPERATIONS FOR SUPPLIERS

– Conditions of use for the platform:

Registration process: to register in the system, the Supplier must access “Create a Supplier Account” and then fill in the Access Application Form for Suppliers. An employee of the company registers the company and all other users / employees involved in the process. The data entered by the user will be true, accurate and complete on the identity of the company, the other users and the products. To be able to submit the form you must first have read and accepted our Privacy Policy and these General Conditions.

When the form has been completed, the application enters into the validation process and within the 48 hours following, registration of the company is confirmed by email. In this email, the User and Password data will be provided with which you will be able to access the platform. For any questions regarding the registration process, contact us through the mediums indicated in paragraph 2 of these Conditions. Registration does not involve any commitment and is completely free. You can access the specific conditions of rates and payment for the platform’s services through the “Rates” tab on the web, or within your user area in the Profile / Corporate Account tab.

fooquo reserves the right to refuse the registration of a company – or user associated with same, as well as to suspend or terminate an account in such case, under the sole discretion of fooquo, as deemed appropriate.

Once the Supplier accesses the platform, the following will be found in their area:

* Request for Quotation: In this section, the Supplier can view the product requests made by the buyers, who have been sent to their company. The supplier will respond through the platform to the requests made and before the deadline that the buyer has indicated in the request. The selected supplier will be contacted directly by the buyer if deemed appropriate.

Users commitment at the moment of making an offer in Response to a quotation Request:
The users acknowledge that, to guarantee the usability of the site, it is necessary that the quotations sent by providers, as a response to the quotation requests received from purchasers, to be valid for a determined amount of time. Hence, unless expressly indicated otherwise, the users agree to keep their quotations valid for, at least, 5 days for fresh products, and 15 days for the rest of the products starting from the offer deadline established by the purchaser.

* Market Offers: Through this tab, the suppliers will be able to make market offers, in order to release surplus stocks of their products to the buyers. They will introduce comprehensive information about the products and their collection points. Upon completion of the data entry process, the supplier will be able to select the buyers who he wishes this information to be received by. The system performs a pre-selection with those buyers who have expressed interest in receiving market offers of the products specified in the offer. fooquo cannot guarantee that there are buyers interested in the products that the supplier wants to offer. In the event of there being no buyers to submit the offers to during the period of service, complaints cannot be made to fooquo.

* Reports: in this section, the supplier can consult his competitively reports concerning the responses given to a request for quote from a buyer. The report is generated automatically using data from all of the responses issued to a request for quotation. These reports are generated always and when there is enough information which, at the discretion of Air Taka SL, guarantees the anonymity of the data provided. The rates which include these services give the supplier the right to obtain the service only in the event of a report being generated. In the event that during the period of the service no reports are generated due to lack of activity, complaints cannot be made to fooquo.

* Donation: this is a similar process to the Market Offer which can be made by the Supplier who wishes to donate products to a food bank.

* Profile: this is where the data is introduced or amended which identifies the company, contact, staff, billing, activity, certifications and user relationships and the product range offered. In this section you will also be able to find the rates for using the platform.

.

5. OPERATIONS FOR BUYER

– Conditions of use for the platform:

Registration process: to register in the system, the Buyer must access “Create a Buyer Account” and then fill in the Application Form for Buyers Access. An employee of the company registers the company and all other users / employees involved in the process. The data entered by the buyer shall be true, accurate and comprehensive information about the identity of the company, other users and any other information about the company and products of interest. To be able to submit the form you must first have read and accepted our Privacy Policy and these General Conditions.

When the form has been completed, the application enters into the validation process and within the 48 hours following, registration of the company is confirmed by email. In this email, the User and Password data will be provided with which you will be able to access the platform. For any questions regarding the registration process, contact us through the mediums indicated in paragraph 2 of these Conditions. Registration does not involve any commitment and is completely free. You can access the specific conditions of rates and payment for the platform’s services through the “Rates” tab on the web, or within your user area in the Profile / Corporate Account tab.

fooquo reserves the right to refuse to register a company – or user associated with it, for any reason. At the same time, fooquo will be able to suspend or cancel the account of a registered member at any time.

Once the Supplier accesses the platform, they will find the following in their area:

* Request for Quotation: The Buyer makes a request for quotation in which he indicates the product he requires with the specifications, delivery points, consumption and other. Upon completion of the data entry process, the buyer will be able to select the suppliers he would like to send the quotation request to. The buyer will set a deadline for suppliers to respond by. Once this date arrives, the buyer will be able to view the responses from suppliers in his area. The buyer can access the contact details of the supplier, so the buyer will contact the selected provider directly, if interested. fooquo cannot guarantee that there are suppliers interested in offering the products requested by the buyer. In the event of there being no suppliers to send quotation requests to during the period of service, complaints cannot be made to fooquo.

* Market Offers: in this section you can view surplus stock release offers -made by suppliers. Here the buyer can view data concerning the supplier, name, families and product subfamilies, products, collection, date of receipt, contact details, and also contact the provider if interested.

* Donation: this is a similar process to the Market Offer which can be made by the Buyer who wishes to donate products to a food bank.

* Profile: this is where the identifying data of the company is introduced, contact details, staff, billing, activity, certifications and user relationships. In this section the Buyer indicates the product families for which he is interested in receiving market offers and the favorite Suppliers that the Buyer has selected on the base. It also indicates logistics information for product delivery. In this section you will also be able to find the rates for using the platform.

6. LIABILITY AND DISCLAIMERS

fooquo makes their platform available to suppliers and buyers in the food sector to facilitate business transactions between them without intervening in them and without liability for any issue that may arise between the parties.

Company users of the platform will have sole liability for the products they offer and market and they will be entitled to sell or donate such products.

fooquo is not responsible for the accuracy of the data that the companies enter in the Site, neither if the companies are not the owners or legitimate licensees of the logos, trademarks, trade names or emblems used by them on the platform, or of the consequences that may arise from this. fooquo makes an effort to confirm the veracity of the users; however, because of the difficulty of user verification on the Internet, fooquo cannot and does not confirm the purported identity of each member. We encourage users to use the various tools at their disposal, as well as common sense, to assess the accuracy of the information received.

fooquo is not responsible for the development and completion of the operations performed by means of the Site neither for the evidentiary documentation thereof.

fooquo has not intervened and is not responsible for any agreement or contracts held between users either before or after the services offered on the site have been used.

fooquo is responsible for contacting the different Users of the Site, but is in no way liable for damages or harm caused in the exchanges of information and / or operations performed on the Site or between Users.

Some of the contents, hyperlinks (in the form of text, banners, channels and others) or file downloads, which appear on the Site, are provided by third parties – “Third Party Content”. fooquo is not the author of such content and is not liable for the accuracy, propriety, legality, veracity of the information, or any possible damage resulting from downloading files, or the use of hyperlinks, considered Third Party Content. In any case, fooquo reserves the right at its sole discretion, to remove any material published on the Site which it deems illegal.

fooquo reserves the right to limit, deny or create a different access to the site and its features to different users. At the same time it reserves the right to change any of the features or to introduce new features, without prior notice.

Users accept that under no circumstances will fooquo be liable for any inability to use the Site, any delays, errors or omissions with respect to any communication or transmission, or any damage – either direct, indirect, consequential or otherwise – arising from the use or inability to use the Site or any of its features.

User Obligations-

Each member fully accepts and recognizes the risks associated with buying and selling activities – “Transaction Risks”. These risks include, but are not limited to; errors in the representation of products and services, fraudulent operations, unsatisfactory quality, failure to meet specifications, defective, dangerous or illegal products and services, delay or breach in the delivery or payment, traffic accidents, etc. The users agree that fooquo shall not be liable for any damages, costs, or discomfort and disruptions in the business that may arise as a result of, or in connection with, the Transaction Risks.

The User shall be solely responsible for the use made of both his name and Password, and promises to respond unconditionally to any obligation, liability or promise resulting from, or related to the use of his Name and / or Password.

The User shall be fully liable for all activities which occur under his name or Password. By virtue of the foregoing, the user must: (a) immediately notify fooquo of any unauthorized use of the name or Password or any other breach of security, and (b) ensure that the account is closed at the end of each session.

fooquo shall not be liable for any loss or damage arising as a result of the User’s breach of these provisions.

By using the Service, the User may be exposed to offensive, indecent or objectionable content. fooquo is not under any circumstances liable for such content, or for any errors or omissions, or any loss or damage of any kind incurred as a result of using any content submitted via Email or transmitted under some other means of fooquo’s service. In no case shall fooquo be liable before the user or before third parties for any damage and / or harm direct, indirect, incidental, or of any kind suffered by the User or the third party by accessing or using the Site or any other portal or site to which access has been gained via the Site.

Anyone who becomes aware of user publishing wrongful information shall communicate it, by sending us a report of the alleged infringement and a request for us to remove the information published.

The procedure for reporting an alleged infringement to fooquo is as follows:

If you, in good faith believe that information published on fooquo infringes your copyright, trademark, Author’s rights, patent or intellectual or industrial property rights, please send an e-mail to info@fooquo.com. The mail must specify the page or the email where the abuse is encountered, the name of the company carrying it out and the right that is being violated. (For example, the product name, trade name, brand, model, description, etc.).

Upon receiving your fully informative mail we will promptly assess your complaint and we will withdraw the information indicated as soon as possible.

The user who has published such information will be notified in writing of the removal of the information.

7. PRIVACY, DATA PROTECTION AND CONFIDENTIALITY.

All personal data that users of the companies enter into the data base, becomes part of a file duly legalized and registered with the Spanish Data Protection Agency. This data is essential for providing the service that fooquo offers through its platform and it is stored on the network itself for the sole purpose of offering full information on the user companies in order to promote business trade between them.

Information regarding user/company profiles, or their activity on the Site, may be used for the preparation of statistics and market reports that the Company may provide users with. Under no circumstances, can these statistics and market reports include nominative information or personal data therefore the confidentiality of each one of the users and the information communicated by fooquo is preserved.

Users agree to maintain the strictest confidentiality on data obtained from other users of the Page, through Request for Quotations and offers for such requests, market offers or Donations.

Registration forms for companies and users:

In the registration forms for both Suppliers and Buyers, the user will be informed at the end of the process, of the data collection and the purpose for which it has been collected and will confirm that fooquo’s Privacy Policy and these General Conditions have been read.

A user of the company, either supplier or buyer, registers the company data and the other users, i.e., other employees of the company who, because of the work position they occupy, are going to operate on the platform. In this respect, each company member of the network will take responsibility for having previously informed the employees who will acquire the status of platform users, that their data will be incorporated into the platform so that they can perform the operations assigned to them. All platform users expressly consent to the processing of their data for the purpose of using the fooquo platform. That this information will not be granted to third parties except for the purpose specified in the application.

. Invitations:

Buyers will be able to invite companies to participate in the platform from the “Request for Quote” sections and at the end of the Request for Quote process. Suppliers can invite companies to participate in the platform from the “Request for Quote/product” and “Market offers” sections.

Both may invite NGOs from the “Donation” section.

A supplier may invite a purchasing company and / or NGO and a buyer can invite a supplier and / or NGO. The data of the company and/or NGO invited are incorporated into the base for the sole purpose for the platform to generate and send them an explanatory email about the fooquo network and what benefits it can provide for the company and/or NGO. In this email, fooquo informs the company and / or NGO invited for inclusion of their data in a duly legalized file, of the purpose for preserving and using this data, along with a link to our Privacy Policy.

. Advertising

fooquo never uses the data added to its platform for companies and / or NGOs included in it, for advertising purposes or for sending commercial communications.

For further information you can access our Privacy Policy from the web

APPLICABLE LEGISLATION

This Agreement and the Privacy Policy constitutes the entire agreement between the user and fooquo with respect to access and use of the site, and supersedes any prior written or oral agreement.

If any of these provisions are deemed to be void or unenforceable, such provision will be removed, and shall not invalidate the entire agreement; therefore, the remaining provisions shall remain in force.

fooquo has the right to grant their obligations, duties and rights under this Agreement to any individual or entity.

For any legal dispute or matters concerning the fooquo, platform, Spanish legislation will apply, competency for the resolution of all conflicts arising from or related to the use of this Web page, lies with the Courts and Tribunals of Barcelona.

The language used will be Spanish.

Access to the

fooquo platform

implicates the acceptance of all conditions specifiedd above.