We would like to take this opportunity to thank you for using Fora ("Fora"). Fora is the collective name for a set of products and services (the “Services”) designed by Logiciel, Inc. ("Logiciel") for B2B and B2C. It encompasses a web portal (www.gofora.net, the "Site") for business users (the “Merchant”) to manage and publish content (products, services, promotions, catalog, flash sales … etc. ) and transact with their customers (the “Customers”), a marketplace platform to expose their business to the Fora community and Apps (the “App”) to engage their customers on their mobile device.
For the customers, Fora is the gateway to their personal marketplace populated only with Merchants they chose to associate with where they can browse and shop their products on their mobile device.
Accepting the Terms of Use
This Terms of Use agreement sets out your rights and responsibilities when using Fora. It is a legally binding agreement. By using any of Fora services including accessing the Fora website www.gofora.net, downloading the Fora Mobile App, signing up and registering with Fora; you are agreeing to the Terms of this agreement. If you don't agree to the terms of this agreement, you may not use Fora. You agree to use Fora at your sole risk and are solely responsible for all activities when access and using Fora. Logiciel makes no representations concerning any content uploaded by users and that Logiciel is not responsible and shall have no liability to you for the accuracy, copyright compliance, legality or decency of content uploaded by a user that you accessed through Fora. You agree to release Logiciel from all liability relating to this content.
You herein acknowledge, understand and agree that all information including, text, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In another word, you are solely responsible for any and all content posted, uploaded, transmitted or otherwise made available by way of Fora, and as such, Logiciel does not guarantee the accuracy, integrity or quality of such content. You understands and accepts that the product and content upload by the user may relate to copyrights, trademarks, patents and other personal or proprietary rights of a third party.
The user who uploads or lists that content and information shall be solely responsible for any violation of third party rights. Logiciel shall not be liable for any infringement related to the intellectual property and /or other personal or proprietary rights of the third party.
You further agree not to use Fora for any illegal or unauthorized purpose or if in the use of Fora, violate any law. You agree not to use Fora for the purpose of a) uploading, posting, transmitting or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy and/or racially, ethnically, or otherwise objectionable, b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity; d) infringing upon any patent, copyright, trademark or any other proprietary or intellectual rights of any other party.
As a Merchant, the controller of your customers' personal data, you are responsible and agree to obtain and keep evidence of their consent of collecting and using their personal information. You are to make available to all customers an up-to-date privacy policy that complies with the law applicable to your business. Using the Services, you are giving Logiciel permission to use your customers' data to perform the functions provided by the Services including transmitting data to the relevant party for payment processing.
If you fail to comply or violate any rules and responsibilities in this Terms of Use Agreement, Logiciel may suspend or terminate your account At any time, should Logiciel fail to exercise or enforce any right or provision of the Terms and Use Agreement, such failure shall not constitute a waiver of such right or provision.
Registration
To access and use Fora, you must register for a Fora account to become a Fora user (“User”). The information required to register is your email or your mobile phone number and a password. You must be a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use Fora and permitted to receive any Services under the laws of the jurisdiction in which you are a resident and from which you use the Services. By proceeding with the registering as a Fora user, you acknowledge that you age status complies with the aforementioned requirements.
Fora user can form Fora Groups and sponsor members to join his Groups. Fora Group members are exempted from the age status requirement for registration as their access to any of the Services and content in Fora is limited to that granted to the Group Creator. If you are a Fora Group creator, you are solely responsible for determining any of the Services and/or content available to you are age appropriate for your members and in compliance with the laws of the jurisdiction in which your member is a resident and from which they will use Fora.
As a Fora Group Creator, you acknowledge and agree that you are solely responsible and liable for all activities conducted by members of your Fora Groups and you agree to release Logiciel from all liability relating to their activities and conduct.
Logiciel may reject your registration to become a User or cancel an existing user account for any reason in our sole discretion without notice.
Storage
Logiciel provides data and image hosting only for supporting the Services provided in Fora and you may not host data and images on our servers for other uses. Individual image file size should be limited to no more than 60KB for optimal performance and viewing experience on a mobile device. There is also a limit of 5 images per item that you may upload to our server.
Logiciel reserves the right to change the storage limit on our Server, restrict the use of our services and remove any oversized and/or over limit images uploaded to our Server at our sole discretion and without advance notice. Logiciel has absolutely no responsibility or liability for any removed or failed to maintain storage for any content and images.
Transactions between Fora Buyers and Sellers
Logiciel has no agent relationship with any user. You are using Fora as an online platform for information exchange and transactions. There are risks associated with accessing information and purchasing from parties online. Therefore, we encourage you, the Fora User, to use reasonable judgment and common sense when using our service and making a purchase online. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the purchase and agree to the shipping and returns policy of the sellers.
In no event shall Logiciel be responsible for any transaction dispute including, but not limited to quality, safety, warranty, lawfulness, availability of the product or services, returns and the payment from buyers as well as any copyright, trademark, intellectual property infringement by the seller.
You agree to release and indemnify Logiciel and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages arising out of or in connection with any transaction disputes about the product, listing, or information available through Fora.
Your monthly usage and fees, available on your company portal under Company – Account Maintenance will be charged to the AutoPay credit card on the 7th of each month automatically on a recurring basis. Logiciel, Inc. will not send you any invoices or bills and that the use of the Fora Platform and Services will stop if a payment fails to go through and you failed to make payment on the amount due by the 10th of each month.
Logiciel is not responsible and will not be liable to anyone for service interruption. You are required to contact Logiciel, Inc. one (1) month in advance to either arrange for an alternative method of payment or to terminate your Fora Account. You also agree that you will not dispute any charges with your credit card company without first making a good faith effort to remedy the situation directly with Logiciel, Inc.
Your account will be delinquent if it carries an unpaid balance for over 30 days. Logiciel reserves the right to inactivate any delinquent account and deny access to your information until all balances are paid. Re-activation will take time and might incur Charges.
Termination
You may terminate your Fora business account at any time by signing on to your company portal using the account agent's credential. Proceed to System Setup, Company, and Account Maintenance and click on the “Terminate account” button to proceed. Fora will send you an email to confirm to complete the termination process. It might take up to 45 business days to terminate your account and you are still liable for any unpaid invoice and charges incurred up to the time of termination.
Logiciel may terminate, inactivate your account and deny access to your account at any time, for any reason and without advance notice. Logiciel may refuse service to anyone, at any time, for any reason.
Terminating your account will not affect the availability of your content that you posted prior to termination and you are still liable. Terminating an account might result in data loss associated with the account including its content.
Logiciel reserve the right to change, suspend or discontinue any Fora Services at any time, for any reason. Logiciel will not be liable to you, your customer or any third party for the effect that any changes in Fora may have on you, your customer or any third party including income or ability to generate income through the use of Fora.
Disclaimer of Warranties and Limitation of Liability
Fora is provided on an "as is" basis and you acknowledge, by your use of Fora that your use of Fora is at your sole risk. Logiciel makes no representations or warranties of any kind, express or implied, as to the usability and operability of Fora. To the maximum extent permissible by the applicable law, Logiciel, Inc. hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of availability, operability, performance, accuracy, and reliability. Without limiting the foregoing, Logiciel disclaims any and all warranties, express or implied, for any product or services listed or offered on Fora.
All such warranties, representations, conditions, and undertakings are hereby excluded. This disclaimer does not apply to any product or service warranties offered by the seller or the manufacturer. You understand that Logiciel does not manufacture, store or inspect any of the items listed or sold through Fora. We provide the platform; the information and the items available in Fora are provided and sold by independent merchants so Logiciel cannot and does not make any warranties about their quality, safety, and their legality Under no circumstances shall Logiciel or any of its agents, affiliates, directors, officers and employees, vendors or suppliers be liable to you or to any other person or entity for any direct, indirect, special, incidental or consequential losses or damages of any nature.
All such warranties, representations, conditions, and undertakings are hereby excluded. This disclaimer does not apply to any product or service warranties offered by the seller or the manufacturer. You understand that Logiciel does not manufacture, store or inspect any of the items listed or sold through Fora. We provide the platform; the information and the items available in Fora are provided and sold by independent merchants so Logiciel cannot and does not make any warranties about their quality, safety, and their legality Under no circumstances shall Logiciel or any of its agents, affiliates, directors, officers and employees, vendors or suppliers be liable to you or to any other person or entity for any direct, indirect, special, incidental or consequential losses or damages of any nature.
a) Any disputes related to product and services listed or purchased on Fora; b) infringement of Copyright, trademark, and third party rights; or c) Unauthorized access of data or private information of the user. You agree to defend, indemnify and hold Logiciel and its agents, affiliates, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to a) your use of Fora; or b) claims asserted by third party rights claimants or other third parties related to information, product and services listed and offered by you on Fora.
If a scenario should arise that would require litigation or resolution by a court of law, all litigation and resolution claims must be made and resolved in the City of Oakland, Alameda, California, USA.
Changes to Terms of Use
Logiciel reserves the right to update or modify these Terms of Use at any time without prior notice to you. If we do, we will post the updated Terms of Use agreement on the Site ( www.gofora.net ) and on the Apps. Changes will be effective upon the posting of the new agreement. You are responsible for reviewing and becoming familiar with any changes, therefore it is important that you review this agreement regularly to ensure that you are aware of any changes.
Your use of Fora following the changes constitutes your acceptance of the updated agreement and bound by any such changes. Logiciel will not be liable to you or any third party for the effect that any changes to the Services may have on you or any third party including income or ability to generate revenue through the Services provided.
If you have any questions or suggestions or this policy, please email us at Logiciel@logiciel.com or write us at Logiciel Inc. Support team - Legal 2220 Livingston Street, Suite 210 Oakland, CA 94606 USA +1 (510) 261-1100