Terms and Conditions

These Terms and Conditions govern your access to and use of the CheckMate application, products, and services

 

 

 

 

We are CheckMate Software Ltd, the creators of CheckMate (referred to below as the “app”).

You must be at least 18 years old and resident in the UK to use the app.

By downloading the app from an app store or registering to use the app on a web browser via our website, you are agreeing to the terms of this agreement which are legally binding. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. Please read the terms together with our privacy policy before you download and/or register to use the app. Only download and/or register to use the app if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the app and you should not download and/or register to use it.

1. This agreement
   • We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:
     • Starts when you download and/or register to use the app; and
     • covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
   • Where you have downloaded the app:
     • in this agreement, we refer to the site that you download the app from (if applicable) as the “app store” and we refer to their rules and policies as the “app store rules”. You must comply with the app store rules as well as this agreement.
     • you do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.
     • if you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
   • You are not allowed to:
     • modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software
     • deliberately attempt to avoid or manipulate any security features included in the app; or
     • pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
2. Account Registration
   • To use CheckMate, you must create an account. You agree to:
     • provide true, accurate, and complete information during registration;
     • maintain and promptly update your account information to ensure it remains true and accurate;
     • andprotect your login credentials and be fully responsible for all activities that occur under your account.
   • If we reasonably suspect that the information provided is untrue or incomplete, we reserve the right to suspend or terminate your account. Users are responsible for all actions taken under their account unless they immediately notify us of unauthorised use.
3. Services and Usage
   • The CheckMate app is intended to assist you to comply with the food hygiene safety requirements set out in Regulations (EC) 178/2002, Regulation (EC) 852/2004, The General Food Regulations 2004 (SI 2004/3279), The Food Safety and Hygiene (England) Regulations 2013 (SI 2013/2996), and The Food Safety Act 1990.  It includes tools to assist with food safety management, such as monitoring food temperatures, maintaining records, and facilitating compliance with local regulations. By using the app, you acknowledge that:
     • any customised changes you make to the contents may affect your ability to comply with the relevant legislation set out above; and
     • the CheckMate food safety app is intended for use as a supplementary tool to aid documentation and recording of food safety checks. While CheckMate supports your food safety practices, it is not designed to replace a complete Hazard Analysis and Critical Control Points (HACCP) system or any other comprehensive food safety management system required by law.
4. Fees and Payments
   • Subscription Fees: Access to the app is provided on a subscription basis. Subscription pricing is outlined on our website www.checkmate.software/pricing.
   • Auto-Renewal: Subscriptions automatically renew each billing period unless cancelled before the renewal date.
   • Payment Terms: Payment must be made via your account through our online payment provider. Failure to pay may result in suspension of access to the Service.
   • No Refunds: All fees are non-refundable. Partial use of the app or downgrades in subscription will not qualify for a refund.
   • CheckMate reserves the right to change pricing with 30 days’ notice. Continued use after such changes indicates acceptance of the updated pricing.
5. Support and contact
   • If you need to get in touch with us, you can email us at support@checkmate.software.
   • If we need to get in touch with you, we will do so by email.
6. Privacy and your personal information and other data
   • Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
   • CheckMate stores user data on secure cloud servers. We do not claim ownership of data you upload but reserve the right to access, preserve, or disclose your data as required by law or to protect our rights.
   • You can request a copy of your data by contacting us at hello@checkmate.software. Data will be provided within 5 working days in Excel format.
7. Collection of technical information
   • We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
8. Acceptable use
   • You must not use the app to do any of the following things:
     • break the law or encourage any unlawful activity;
     • send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
     • infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
     • transmit any harmful software code such as viruses;
     • try to gain unauthorised access to computers, data, systems, accounts or networks; or
     • deliberately disrupt the operation of anyone’s website, app, server or business.
9. Updates to the app
   • We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app and/or registered to use it.
   • Where you have installed the app on a mobile device, updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.  We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
10. Changes to this agreement
    • We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
11. External services
    • The app may enable you to access services and websites that we do not own or operate (referred to below as “external services”).
    • We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
    • You must not use external services in any way that:
      • is inconsistent with these terms or with the terms of the external service; or
      • infringes our intellectual property rights, or the intellectual property rights of any third party.
    • From time to time, we may change or remove the external services that are made available through the app.
12. Our responsibility to you
    • We offer a “5-Star Rating or Your Money Back” Guarantee which may entitle you to a full refund of your subscription fee (but no other damages) in accordance with the Guarantee terms and conditions below.
    • In all other cases:
      • we exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it.
      • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        • use of, or inability to use, our app; or
        • use of or reliance on any content displayed on our app.
    • In particular, we will not be liable for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage.
    • Without prejudice to the above, in no event will our liability to you exceed the amount of fees you have paid.
    • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
13. Intellectual property rights
    • All intellectual property rights in the app belong to us (or our licensors) and the rights in the app and the services provided are licensed (not sold) to you. You have no intellectual property rights in, or to, the app or the services other than the right to use them in accordance with these terms.
14. Failures of networks or hardware
    • The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
15. Ending this agreement
    • You may cancel your subscription at any time by providing written notice. Upon cancellation, you will remain liable for fees up to the end of the current billing period.
    • We can end this agreement if you do not comply with any part of it.
    • We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. “Serious” means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
    • The consequences of the agreement ending are as follows:
      • you are no longer allowed to use the app and we may remotely limit your access to it;
      • you must delete it from any devices that it has been installed on;
      • we may delete or suspend access to any accounts that you hold with us; and
      • where it has been ended by us because you have not complied with a part of the agreement, you are not entitled to a refund.
16. Marketing and Communications
    • By using the app, you agree that we may use your business name, logo, and trade name in marketing materials or on our website to identify you as a customer.
    • From time to time we may also contact you with information about new products and/or services.
    • You may opt-out of marketing communications by contacting us.
17. Force Majeure
    • We will not be held responsible for any failure or delay in the performance of our obligations due to events outside our reasonable control, including but not limited to natural disasters, strikes, power outages, or internet failures.
18. Third parties
    • No one other than us or you has any right to enforce any term of this agreement.
19. Transferring this agreement
    • We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
    • You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
20. Governing law and jurisdiction
    • The laws of England and Wales apply to this agreement and the Guarantee below. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

“5 Star Rating or Your Money Back” Guarantee – Terms and Conditions

1. Guarantee Overview
   • Our “5 Star Rating or Your Money Back” guarantee ensures that, if our app is used in conjunction with your kitchen’s compliance with all necessary food safety laws in the UK, including operating an effective HACCP system and prerequisite programs, your establishment will achieve a 5-star rating. Should your business not receive a 5-star rating, we will offer a full refund of your subscription fee for the 6 months previous to the inspection, subject to the terms and conditions below.  Liability for any other losses caused by failure to receive a 5-star rating is limited in accordance with our App Terms and Conditions above.
2. Eligibility for the Guarantee
   • To be eligible for the “5 Star Rating or Your Money Back” guarantee, you must:
     • Have an active subscription to the app during a minimum period of 6 months leading up to the food safety inspection.
     • Use the app’s full range of functions to record and track all relevant food safety checks as required under the UK’s food safety laws and guidelines (including the Safer Food, Better Business Foods Standards Agency guidelines, Regulations (EC) 178/2002, Regulation (EC) 852/2004, The General Food Regulations 2004 (SI 2004/3279), The Food Safety and Hygiene (England) Regulations 2013 (SI 2013/2996), and The Food Safety Act 1990).
     • Operate an effective HACCP (Hazard Analysis and Critical Control Points) system complying with all relevant food safety laws and regulations, ensuring all critical control points are being properly monitored and managed.
   • Maintain a comprehensive prerequisite program for food safety management complying with all relevant food safety laws and regulations, including but not limited to:
     • Cleaning and sanitation protocols.
     • Pest control.
   • Supplier control.
   • Waste management.
   • Staff training and personal hygiene practices.
   • Ensure all checks are recorded accurately and promptly within the app.
3. App Use Requirements
   • To qualify for this guarantee, the following additional app usage requirements must be met:
     • Daily Checks: You must complete all mandatory daily checks (e.g., temperature controls, hygiene checks, cleaning records) as set out in the app’s checklist section.
     • Customisable Logs: Any logs added by the user to reflect unique kitchen operations or additional hazards must also be completed in accordance with the HACCP plan.
     • Record Accuracy: All records must be kept up-to-date, and any discrepancies or issues flagged by the app must be addressed immediately to ensure food safety standards are consistently met.
     • Corrective Actions: Where the app alerts you to non-compliance or issues, the necessary corrective actions must be taken, and these actions must be logged within the app.
4. Documentation and Record-Keeping
   • To validate a refund claim under the guarantee, the following documentation must be provided:
     • A copy of the official inspection report showing the star rating.
     • A copy of the logs and records maintained through the app, showing that all required checks were completed during the period leading up to the inspection.
     • Satisfactory evidence of adherence to an HACCP system and prerequisite programs (such as written plans, supplier lists, training records).
5. Exclusions
   • The guarantee will not apply, and no refund will be provided in the following circumstances:
     • If the 5-star rating is not achieved due to reasons unrelated to the checks or features covered by the app (e.g., structural issues, non-food safety-related compliance failures).
     • If there is evidence that records were falsified or not accurately maintained in the app.
     • If corrective actions were not undertaken when flagged by the app.
     • If the kitchen fails an inspection due to failure to comply with local regulations outside the app’s scope (e.g., lack of planning permission, illegal activity).
     • If the inspection reveals deficiencies in areas not covered by the app (such as external supplier practices, building maintenance, or pest infestations beyond basic control measures).
6. Process for Claiming a Refund
   • If you do not receive a 5-star rating following a routine inspection and believe you are eligible for a refund under this guarantee, the following steps must be taken:
     • Notify Us: Contact our customer support team within 30 days of receiving your inspection report.
     • Submit Documentation: Provide a copy of the inspection report and the required documentation, including app records and HACCP/prerequisite program evidence.
     • Review Period: We will review your claim and documentation within 14 working days of receiving all required information.
     • Decision: A decision will be communicated to you in writing. If your claim is approved, we will process the refund within 30 working days.
7. Amendments and Changes
   • We reserve the right to amend or withdraw this guarantee at any time, provided such amendments do not apply to current subscribers who are actively using the app and whose kitchens are awaiting inspection.