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Terms and condition



1. Application of this Agreement

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you and Forkfast. “Forkfast,” “we,” “us,” and “our” mean Forkfast, Inc., a Delaware corporation, and its subsidiaries and affiliated companies, including, without limitation, the entities listed in the remainder of this paragraph. With respect to United States Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Forkfast, Inc. and/or its subsidiaries and affiliated companies, including Forkfast G&C, LLC (depending on the Merchant, as defined below). With respect to Australia Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Forkfast Technologies Australia Pty Ltd ACN 634 446 030 and/or its subsidiaries and affiliated companies. With respect to Canada Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Forkfast Technologies Canada, Inc. and/or its subsidiaries and affiliated companies. With respect to New Zealand Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Forkfast Technologies New Zealand NZCN 8252066, a New Zealand company, and/or its subsidiaries and affiliated companies. With respect to Puerto Rico Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Forkfast Technologies Puerto Rico, LLC and/or its subsidiaries and affiliated companies.

Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:

  • “Australia Consumer” means your primary residence is in Australia.
  • “Australia Order” means you have selected a delivery or pickup address in Australia.
  • “Canada Consumer” means your primary residence is in Canada.
  • “Canada Order” means you have selected a delivery or pickup address in Canada.
  • “New Zealand Consumer” means your primary residence is in New Zealand.
  • “New Zealand Order” means you have selected a delivery or pickup address in New Zealand.
  • “Puerto Rico Order” means you have selected a delivery or pickup address in Puerto Rico, a United States territory.
  • “United States Consumer” means your primary residence is in the United States, including Puerto Rico, a United States territory.
  • “United States Order” means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).

2. Acceptance of this Agreement

Forkfast operates an online marketplace and connection platform to (a) broker the exchange of goods and services among you and other consumers, restaurants and other businesses (“Merchants”), and independent third-party contractors who provide delivery and/or other services (“Contractors”); and (b) provide you with access to information on the Services. Forkfast’s Technology permits consumers to place orders for food and/or other goods from Merchants, either for delivery or pickup, and/or request services from Merchants. If a delivery order is made, Forkfast uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, Forkfast uses the Technology to communicate with the consumer regarding the availability of the order for pickup. Forkfast is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).

If you access any of our websites located at www.Forkfast.com , install or use the Forkfast or Caviar mobile application, install or use any other technology supplied by Forkfast (collectively, the “Technology”), access or use any information, function, feature, or service made available or enabled by Forkfast (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Forkfast account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at www.Forkfast.com/terms/ or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Forkfast; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account or been named as the User during the Forkfast account registration process and to bind such organization to the Agreement.

The specific Services or information available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the Forkfast or Caviar mobile application. “User” means any individual or other person who accesses or uses the Services with or without an account (whether directly or through tools, services, or other means), including, without limitation, any organization that registers an account or otherwise accesses or uses the Services through its respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

3. Modifications

Subject to Section 14(k) of this Agreement, Forkfast reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at www.Forkfast.com/terms/ or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to this Agreement or any modifications to this Agreement, you should immediately cease using the Technology and Services.

4. Additional Terms and Policies

By using or accessing the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Forkfast’s Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional Forkfast terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

If you use the Forkfast Developer Portal, you also accept and agree to be bound by the Developer Portal Technology License & Terms of Use (“Developer Portal Terms”) when using the Developer Portal. If there’s any conflict between the Developer Portal Terms and this Agreement, the Developer Portal Terms shall control to the extent related to the Developer Portal.

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using or accessing the Services (whether or not you have created an account or are logged into an account), you agree that:

(a) You will only use or access the Services for lawful purposes and you will not use or attempt to use the Services under false pretenses or for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b) You will only use or access the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only use or access the Services using means explicitly authorized by Forkfast. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services if you are using the Technology or Services with an incompatible or unauthorized device.

(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use or attempt to use the Services, or any content accessible through the Services (including content accessible without being logged into your account), for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless Forkfast has given you prior permission to do so in writing.

(g) You will not use or attempt to use the Services or content accessible through the Services without Forkfast's prior written consent in connection with the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or providing archived or cached data sets containing content accessible through the Services to another person or entity.

(h) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.

(i) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

(j) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(k) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.

(l) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed through the Services (including content accessible without being logged into your account) to a third party.

(m) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any Forkfast server or the networks connected to any Forkfast server.

(n) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any Forkfast server.

(o) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Forkfast may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.

(p) You will not use, access, or collect content, data, information, or materials published or available on the Services—including, but not limited to, text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations—using automated means unless Forkfast has given you prior permission to do so in writing.

(q) You will not deep-link to our websites or access our websites manually or with any robot, spider, script, web crawler, extraction software, automated process, service, tool, and/or device to scrape, copy, index, frame, or monitor any portion of our Services or websites or any content on or available through our Services or websites, and you will not attempt any of the foregoing.

(r) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services (including content accessible without being logged into your account), and you will not attempt any of the foregoing.

(s) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, Forkfast, Forkfast employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.

(t) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that Forkfast deems inappropriate when using the Services, and you agree to follow the Forkfast Community Guidelines, which are, to the extent permitted by applicable law, incorporated in this Agreement by reference.

(u) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(v) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.

(w) Your participation in using and access to the Services is for your sole, personal, or internal business use.

(x) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered and you will return any order mistakenly delivered to you if requested by Forkfast, a Merchant, or a Contractor.

(y) You will not falsely or fraudulently dispute a credit or debit card charge or initiate or request a chargeback with respect to any charge from Forkfast or related to your use of the Forkfast platform.

(z) You will not, in connection with your use of the Services and/or the Forkfast platform: (i) ask a Contractor to purchase or deliver any goods or perform any services not ordered through the Forkfast platform; or (ii) give or offer to give any goods to a Contractor related to your Forkfast order.

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account or take other appropriate action at our sole discretion. Where required by law, which may include in the Province of Québec, we will provide you with written notice of the suspension or deactivation of your account, including the reasons which led us to take such action. Engaging in any prohibited use of the Services may result in criminal, civil, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

6. Contractors and Merchants Are Independent

(a) You understand and agree that Forkfast provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that Forkfast is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. Forkfast is not in the delivery business, does not provide delivery services, and is not a common carrier. Forkfast provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by Forkfast. Forkfast will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Forkfast is not responsible for Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, videos, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including videos, photographs, or images, or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant and/or may have been generated or enhanced with the assistance of artificial intelligence. Forkfast has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Forkfast holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

(b) Notwithstanding Section 6(a):

(i) United States Orders. For United States Orders placed through the Services with Forkfast Essentials, LLC (dba Forkfast or other brands), Forkfast Essentials, LLC is the Merchant and is therefore the retailer of the goods sold. Forkfast Essentials, LLC is a subsidiary of Forkfast, Inc. and is a Merchant listed on the Services.

(ii) Canada Orders. For Canada Orders placed through the Services with Rapid Retail Canada, Inc. (dba Forkfast or other brands), Rapid Retail Canada, Inc. is the Merchant and is therefore the retailer of the goods sold. Rapid Retail Canada, Inc. is an affiliate of Forkfast Technologies Canada, Inc. and is a Merchant listed on the Services.

(iii) Gift Cards. For any closed-loop gift cards, open-loop gift or other prepaid cards, and Forkfast credits sold through the Services in the United States by Forkfast Giftcards LLC, Forkfast Giftcards LLC is the Merchant and is therefore the retailer of the cards and credits sold. Forkfast Giftcards LLC is a subsidiary of Forkfast, Inc.

11. Intellectual Property Ownership

Forkfast alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by Forkfast. Forkfast names, Forkfast logos, and the product names associated with the Technology and Services are trademarks of Forkfast or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

15. Third-Party Interactions

(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites and Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Forkfast will not warn you that you have left Forkfast’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Advertisements are not under the control of Forkfast. Forkfast is not responsible for any Third-Party Websites and Advertisements. Forkfast provides links to these Third-Party Websites and Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites and Advertisements or their products or services. You use all links in Third-Party Websites and Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and Forkfast and not with the App Store. Forkfast, not the App Store, is solely responsible for the Technology and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Technology and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Technology or the Services. You agree to comply with, and your license to use the Technology and the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store’s terms and policies) when using the Technology or the Services. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or similar laws of other countries where applicable, or that has been designated by the United States or Canadian Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any United States or Canadian Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.

16. Transactions Involving Alcohol and Other Age-Restricted Products

You may have the option to request delivery or pickup of alcohol products in some locations and from certain Merchants. You agree that you will only order alcohol products if you, the intended recipient, and anyone who may consume the alcohol products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of alcohol products, the recipient of any alcohol products will provide valid government-issued identification proving the requisite legal age and that the recipient will not be intoxicated when receiving such products. If you order alcohol products, you understand and acknowledge that the order will only be delivered if the Merchant accepts your order. The person delivering alcohol may be legally obligated to refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient is not of legal age, is visibly intoxicated, or is not physically present to accept the delivery, and will be prompted to refuse delivery if the recipient cannot provide a valid government-issued identification proving requisite legal age, is visibly intoxicated, or is not physically present to accept the delivery. If the delivery of alcohol products cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you or the intended recipient may not receive any part of the applicable order, including any non-alcohol items that you may have purchased with your alcohol products, and you may also be subject to a non-refundable Undeliverable Item Fee. Alcohol is not available in all locations that are served by the Forkfast platform. Alcohol may be removed from the platform for specific Users at Forkfast’s sole discretion.

You may also have the option to request delivery or pickup of other age-restricted items from certain Merchants, such as certain over-the-counter medication or other products subject to applicable federal, state, provincial, or local laws, rules, or regulations or Merchant or Forkfast policies requiring age verification. You agree that you will only order age-restricted items if you, the intended recipient, or anyone who may consume such products are of legal age to purchase the items. You also agree that, upon delivery or pickup of age-restricted items, the recipient will provide valid government-issued identification proving the requisite legal age for such age-restricted items. The person delivering age-restricted items will refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient cannot provide a valid government-issued identification proving requisite legal age or is not physically present to accept the delivery. If the delivery of age-restricted items cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you may not receive any part of your order, including items that are not age-restricted that you may have purchased with your age-restricted items, and you may also be subject to a non-refundable Undeliverable Item Fee.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Forkfast and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section 17, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. Forkfast reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Forkfast in asserting any available defenses. This Section 17 does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Technology or Services. You agree that the provisions of this Section 17 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.

18. Disclaimer of Warranties

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 18 MAY NOT APPLY TO YOU. SECTION 18 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. Forkfast WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE THEY WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. Forkfast MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.

Forkfast DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Forkfast SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

AUSTRALIA AND NEW ZEALAND ORDERS: FOR ****AUSTRALIA AND NEW ZEALAND ORDERS, NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY GUARANTEE, TERM, CONDITION, WARRANTY, OR ANY RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING: (a) FOR AUSTRALIA ORDERS, THE AUSTRALIAN CONSUMER LAW, WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES; and (b) FOR NEW ZEALAND ORDERS, THE CONSUMER GUARANTEES ACT 1993 AND THE FAIR TRADING ACT 1986, WHICH CONTAIN GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES (EACH, A “NON-EXCLUDABLE PROVISION”).

19. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, Forkfast is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.

22. Termination

If you violate this Agreement, Forkfast may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, Forkfast may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. Where required by law, which may include in the Province of Québec, we will provide you with written notice of the suspension or termination of your access to the Technology or the Services, including of the reasons which led us to take such action. In addition to suspending or terminating your access to the Technology or the Services, Forkfast reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

25. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Forkfast, or any third-party provider as a result of this Agreement or use of the Technology or Services.

(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of: (i) for United States Orders, the State of Delaware consistent with the Federal Arbitration Act; (ii) for Canada Orders, and except where prohibited by applicable law (which includes the Province of Québec), the Province of Ontario and the laws of Canada applicable therein; (iii) for Australia Orders, the State of Victoria, Australia; and (iv) for New Zealand Orders, New Zealand.

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) No Waiver. Unless otherwise required by law, any delay or failure of either party to enforce or insist upon strict compliance with any provision of this Agreement or assert or exercise any right, power, or privilege under any provision of this Agreement shall not be construed as a waiver of such provision nor prevent that party thereafter from enforcing such provision or any other provision of this Agreement.

(e) Consumer Complaints. If you have a complaint about the Services, please visit our Customer Support page. For United States Consumers who are residents of the State of California, and in accordance with California Civil Code § 1789.3, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

(f) Accessing and Downloading the Application from the Apple App Store. The following applies to any Technology accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):

(i) You acknowledge and agree that (A) the Agreement is concluded between you and Forkfast only, and not Apple; and (B) Forkfast, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(ii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(iii) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Forkfast and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty or condition will be the sole responsibility of Forkfast.

(iv) You and Forkfast acknowledge that, as between Forkfast and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (A) product liability claims; (B) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.

(v) You and Forkfast acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Forkfast and Apple, Forkfast, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(vi) You and Forkfast acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(vii) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

(g) Notice. Where Forkfast requires that you provide an email address, you are responsible for providing Forkfast with your most current email address. In the event that the last email address you provided to Forkfast is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Forkfast’s dispatch of the email containing such notice will nonetheless constitute effective notice. You agree that all agreements, notices, disclosures, payment or renewal notifications, and other communications that Forkfast provides to you electronically (such as through email or posting through the Services, including in your Forkfast account) satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You may give notice to Forkfast by visiting our Customer Support page and initiating a chat with us. Such notice shall be deemed given on the next business day after such notice is actually received by Forkfast.

(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Forkfast without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

(i) Currency. Unless otherwise indicated, all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs.

(j) Use Only Where Legally Allowed. You shall not access or use any portion of the

Services if you are not legally allowed to do so where you are located.

(k) Subcontracting. Forkfast may subcontract any of its obligations under this Agreement without your prior written consent.

(l) Variation of Websites or Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.

(m) Language Versions. You acknowledge and agree that (i) the official language of these Terms is English and French for Canada Consumers who reside in the Province of Québec and English for all other consumers, (ii) any discrepancy or conflict between the official language version and any other language version will be resolved with reference to and by interpreting the official language version, and (iii) any other language version that we may make available is being provided only as a courtesy.

(n) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Forkfast relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.