Please read these terms and conditions (‘Terms’) carefully before using the Club Fork App (‘App’) (available on the Google Play Store for Android devices and the App Store for iOS devices). By downloading, accessing or using the App, you agree to be bound by these Terms. These Terms should be read together with our Privacy Policy, our Cookie Policy and any additional terms expressly referred to herein, set out the agreement between you and Farmer J Limited (‘Farmer J’, ‘we’, ‘us’ or ‘our’) in relation to your use of the App and Membership.

If you do not agree to these Terms, you should not download, access or use the App.

1. Club Fork Membership

1.1 To become a member of Club Fork (‘Member’, ‘Membership’), you must register through the App by following the prompts.

1.2 When registering for Membership, you must provide accurate, complete and up-to-date information. You are responsible for updating your information if it changes.

1.3 You must be at least 13 years old to become a Member and use the App.

1.4 Membership is personal to you. You may only hold one Membership unless we expressly agree otherwise.

1.5 You must use the App and your Membership only for lawful purposes and in accordance with these Terms. In particular, you must not:

• use the App or your Membership fraudulently, dishonestly or in a way that attempts to obtain rewards, Forks, discounts, offers or other benefits unfairly or contrary to these Terms;
• sell, transfer, assign, or otherwise make your Membership or Club Fork account available to another person;
• create or maintain multiple Memberships for the purpose of obtaining additional Forks, Rewards or other benefits;
• use the App to interfere with, disrupt or compromise the security or proper operation of the App or our systems;
• use the App in a way that causes, or is likely to cause, damage, disruption, inconvenience, annoyance, nuisance or offence to others;
• use the App or your Membership in any way that breaches applicable law or the rights of another person, including intellectual property rights.

1.6 We may ask you to provide reasonable information or evidence to verify your identity or Membership, investigate suspected fraud or misuse, or protect the security of the App.

1.7 We reserve the right to decline Membership or refuse to create an account where we have reasonable grounds to do so, including where we suspect fraud, misuse of the App or a breach of these Terms.

1.8 You are responsible for all activity carried out through your account unless you have notified us that your account has been accessed or used without your permission.

2. Using the App

2.1 You must not:

• copy, reproduce, modify, adapt, distribute, sell, licence or commercially exploit the App or any part of it, except where expressly permitted by these Terms or us;
• attempt to gain unauthorised access to the App, our systems or networks, or another person’s account;
• introduce or transmit any virus, malware or other harmful code;
• circumvent, disable, interfere with or attempt to bypass any security features or technical restrictions of the App;
• use any automated system, bot, scraper or similar technology to access, copy, monitor or extract information from the App;
• interfere with or disrupt the operation, security or integrity of the App; or
• use the App for any unlawful, fraudulent or unauthorised purpose.

2.2 You are responsible for ensuring that your device, operating system, internet connection and other equipment meet any requirements reasonably necessary to access and use the App.

2.3 Your use of the App may also be subject to the terms and conditions of the relevant app store.

2.4 During your usage of the App, you may be asked whether the App can use your location. You can change your choices and turn location services off at any time in your device’s settings. The App will still function if location services are off, but its functionality may be reduced.

3. Forks and Rewards

3.1 As a Member, you may be able to earn points through qualifying purchases or other activities made available through Club Fork (‘Forks’) at participating restaurants (‘Participating Restaurants’).

3.2 Where Forks can be exchanged for discounts or credit, or other benefits, or where we otherwise make discounts, offers, benefits, incentives or rewards available through Club Fork (‘Rewards’), the applicable conversion rate and any conditions for redemption will be displayed in the App.

3.3 Forks and Rewards may take up to 24 hours to appear on the App following a qualifying transaction.

3.4 You will earn one Fork each time you place an order of £12 or more at a Participating Restaurant. Once you have collected 12 Forks, you will be entitled to a complimentary Fieldtray or Fieldbowl which will be automatically added to your Club Fork account, which must be used within 12 months. Forks and Rewards will only be awarded in accordance with the applicable Club Fork rules in force at the time of the relevant transaction. Certain purchases, products, services or promotions may not qualify.

3.5 Where Forks and Rewards are awarded in connection with a visit or purchase, you may be required to identify yourself as a Member at the time of the transaction in order to receive the relevant Forks or rewards.

3.6 Forks and Rewards arising from a single transaction may only be credited to one Member, and unless stated otherwise, cannot be split or claimed by multiple Members in respect of the same transaction.

3.7 We may correct or adjust your Forks balance and any Rewards awarded to you where they have been awarded incorrectly, including as a result of a technical or other error. If Forks or Rewards have not been credited correctly, you may contact us. We may ask you to provide reasonable evidence of the relevant transaction.

3.8 Unless we expressly state otherwise, Forks and Rewards:

• have no specific monetary value and cannot be exchanged for cash or currency;
• cannot be sold, transferred or assigned to another person; and
• cannot be used outside the Club Fork Membership scheme.

3.9 We may cancel or adjust your Forks balance and your entitlement to Rewards where we reasonably believe that they have been obtained fraudulently, dishonestly or in breach of these Terms.

3.10 All Forks and Rewards will expire if there has been no activity on your Membership account for a continuous period of 12 months, including earning or redeeming Forks or Rewards.

3.11 Nothing in these Terms affects any rights you may have in relation to Forks or Rewards where those rights cannot lawfully be excluded or restricted.

3.12 Rewards may be subject to additional terms, including expiry dates, participating locations, minimum spend requirements or other restrictions, which you should check before relying on or redeeming any Reward.

3.13 We may introduce, change, replace or withdraw Rewards or any associated policy, FAQ or guideline from time to time. Where reasonably practicable, we will provide notice of material changes through the App or by other appropriate means.

3.14 From time to time, we may also offer promotions, competitions or prize draws to Members. Each promotion, competition or prize draw may have its own eligibility requirements, entry conditions, closing date and prize terms. Any such additional terms will be made available to you when the relevant promotion, competition or prize draw is launched.

4. Suspension and Termination

4.1 You may stop using the App and your Membership at any time.

4.2 We may without notice suspend or terminate your Membership, or restrict your access to the App, where we reasonably believe that:

• you have breached these Terms;
• you have used the App or your Membership fraudulently or unlawfully;
• you have provided materially inaccurate or misleading information; or
• your use of the App presents a security risk or may cause harm to us, another Member or a third party;

in which case, the licence described at 5.2 will end. We may also prevent you from rejoining as a Member under a new account.

4.3 We may notify you before suspending or terminating your Membership and give you an opportunity to resolve the relevant issue.

4.4 We may also terminate your Membership at any time by giving you reasonable notice (which will be at least 30 days’ in advance) if we stop supporting the App (in whole or in part) or if we, acting reasonably, believe it is necessary to do so to comply with applicable law, or to support our legitimate business interests.

4.5 If your Membership is terminated, you may lose access to any unredeemed Forks or Rewards associated with your account, subject to any rights you may have under applicable law or any additional terms applicable to Rewards.

4.6 We reserve the right to deactivate and terminate your Membership if it has been inactive for three consecutive years. Inactivity is defined as no Forks or Rewards earned or redeemed during such period.

4.7 In the event that your Membership is terminated, all accrued Forks and Rewards shall be void.

5. Intellectual Property

5.1 The App and all intellectual property rights in the App, including its software, design, content, branding, logos and other materials, belong to Farmer J or our licensors. Except as expressly permitted by these Terms, you do not acquire any ownership rights in the App or its content.

5.2 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable right to download, access and use the App on a device that you own or control for your personal, non-commercial use in accordance with these Terms.

5.3 You must not:

• copy, reproduce, modify, adapt, translate or create derivative works of the App or any part of it, except to the extent permitted by law;
• reverse engineer, decompile or disassemble the App, except to the extent permitted by law;
• make the App or any part of it available for download, distribution or use by another person;
• copy the App or its code to create or develop an independent version or competing application; or
• represent that you own, developed or are otherwise responsible for the App or any part of it.

6. Third-Party Services

6.1 The App may enable you to access links, websites, apps and services that we do not operate (‘Third-Party Services’).

6.2 We do not control and are not responsible for examining or evaluating the content or accuracy of these Third-Party Services. If you choose to access or use a Third-Party Service, you do so at your own risk and should make sure you have read and agreed to the terms on which they are being offered to you, including the way in which these third parties may use your personal information.

6.3 You must not use Third-Party Services in any way that:

• is inconsistent with these Terms; or
• infringes our intellectual property rights, or the intellectual property rights of any third party.

6.4 From time to time, we may change or remove the Third-Party Services that are made available through the App.

7. Availability and Updates

7.1 Except where expressly stated otherwise in these Terms or required by law, the App and information made available through it are provided on an “as is” basis. We take reasonable care to ensure that information provided through the App is accurate and up to date. However, we cannot guarantee that all information or content available through the App will always be complete, accurate, reliable, current or appropriate.

7.2 We will use reasonable efforts to keep the App available and functioning, but we do not guarantee that the App will always be available, uninterrupted or error-free. The App and its features may occasionally be unavailable, interrupted, delayed or subject to errors, including due to maintenance, updates, technical issues, network failures or circumstances outside our reasonable control. We may also modify, suspend, withdraw or discontinue any part of the App or its features from time to time.

7.3 Where reasonably practicable, we will seek to give you notice of material changes or interruptions. However, to the extent permitted by law, we are not responsible for losses arising from the unavailability, modification, suspension or withdrawal of the App or any of its features.

7.4 Updates may download automatically or you may need to install them yourself, depending on your device and settings. You acknowledge that the App may not function properly if you do not install required updates.

7.5 You are responsible for ensuring that your device meets any technical requirements necessary to access and use the App.

7.6 We are not responsible for any failure or delay caused by circumstances outside our reasonable control, including failures of third-party networks, your internet connection, your device, app stores or other services on which the App depends.

7.7 Except as explicitly set out in these Terms, we make no express or implied representation or warranties of any kind in relation to the App.

8. Security

8.1 We take reasonable steps to maintain the security and proper operation of the App. However, we do not guarantee that the App will always be secure, uninterrupted, available or free from viruses, malware or other harmful code. You are responsible for taking reasonable steps to protect your device and data, including maintaining appropriate security measures and anti-virus software where appropriate.

8.2 You must keep your account and login details secure and must not share them with anyone else. You must notify us promptly if you believe that someone has accessed or used your account without your permission.

9. Liability

9.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited. Subject to this, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.

9.2 Subject to 9.1, we will not be liable for:

• any loss or damage that was not reasonably foreseeable;
• any loss or damage beyond our control including, but not limited to, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, loss or malfunctions of utilities, communications or computer (software and hardware) services;
• any loss or damage that was not caused by our breach of these Terms or our negligence;
• any loss or damage arising as a result of your access to or use of Third-Party Services;
• any loss or damage arising as a result of legal or regulatory requirements imposed on us;
• any business loss or damage, including loss of profit, revenue, business, opportunity or goodwill; or
• any loss or damage arising from your failure to comply with these Terms or to keep your account or login details secure.

10. Changes to these Terms

10.1 We may update these Terms from time to time, including to reflect changes to the App, Club Fork Membership, our services or applicable law.

10.2 Where we make changes that materially affect your rights or obligations, we will take reasonable steps to notify you before the changes take effect and ask you to agree to them. If you do not accept the changes, you may not be able to use the App.

10.3 The latest version of these Terms will be made available through the App or on our website: https://www.farmerj.com

10.4 If you continue to use the App after changes to these Terms take effect, you will be treated as having accepted the updated Terms. If you do not agree to the updated Terms, you should stop using the App and Membership.

11. General

11.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as deleted to the extent necessary, and the remaining provisions will continue to apply.

11.2 We may transfer our rights under these Terms 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.

11.3 You are not allowed to transfer your rights under these Terms to anyone without our prior written consent.

11.4 No variation of the Terms is effective unless in writing and agreed by you and us, or our authorised representatives.

11.5 No third party shall have any right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.

11.6 These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.