Terms and Conditions Download

Contract for services

Important: Please, read this document carefully

Food Experts S.L. will give you access to the services described in this contract provided you accept all of the terms of the contract.

If you do not accept all of the terms you must immediately cease using the services of FEXP and eliminate any passwords or other means of validation used for access to the said services.

Terms and Conditions

Before reading the articles included below, please carefully read the following preliminary clauses:

  • Entering into this Contract. This document is a legal contract between YOU (whether you are an individual or an enterprise) and Food Experts S.L. (hereinafter FEXP). By using the services of FEXP YOU expressly agree to be bound by the terms and conditions of this Contract in its entirety and by any future versions.
  • Contracts and Electronic Signatures. YOU expressly recognise and accept that by clicking on the "ACCEPT " button, or other similar manner of indicating acceptance, and using the services of FEXP, YOU are entering into a legal and binding contract with FEXP. Furthermore, YOU hereby accept the use of electronic communications for the execution of contracts, for placing orders and for other transactions, as well as for the electronic distribution of notifications, policies and transaction records. In addition, YOU hereby waive any rights or legal or regulatory requirement of any jurisdiction establishing the need for an original signature (non-electronic) or requiring the delivery or conservation of non-electronic records, to the extent allowed by currently applicable laws.
  • Restrictions to Jurisdiction. If YOU live in a jurisdiction that restricts the capacity to enter into Contracts such as this one or restricts the use of Internet-based applications to people of a certain age, and YOU are within said jurisdiction and said age limit, YOU cannot enter into this Contract or use the services of FEXP. By entering into this Contract, YOU are expressly declaring that you have verified that the use of the services of FEXP is permitted in YOUR jurisdiction.

Description of the Service

FEXP is a Limited Liability Company engaged in the provision of services relating to the analytical control of foodstuffs and agricultural products and the management of related information.

FEXP is the owner of a database of agricultural products (hereinafter “FEXP Technological Platform”) that offers a series of data and information provided by different participating agents on the analysis and quality of the products harvested by different producers.

YOU are considered to have used the services of FEXP if you access any areas and/or information in password-protected areas of the technological platform, whether accessed using a web interface or other means.

Purpose of the Contract

By virtue of this contract, FEXP promises and agrees to provide you with access to the FEXP Technological Platform for the uploading and downloading of data corresponding to the analytical control activity. YOU are expressly prohibited from assigning or otherwise granting YOUR rights and obligations under this contract to any third party.

FEXP is responsible for establishing the guidelines and procedures governing the FEXP Technological Platform.

FEXP shall notify YOU of the access codes or keys needed to access the FEXP Technological Platform as soon as possible.

FEXP promises and agrees to provide the services with all due diligence and prudence.

YOU promise and agree to use the FEXP Technological Platform in accordance with the criteria, requirements and specifications established in this Contract and to follow the guidelines and procedures governing the FEXP Technological platform.

YOU are required to use the data obtained from the FEXP Technological Platform solely and exclusively for the purposes established in this Contract.

YOU shall adopt such measures as are necessary to prevent the revelation, destruction, dissemination or unauthorised use of the data contained in the FEXP Technological Platform and to prevent any unauthorised access thereto.

When YOU must introduce data into the system, YOU are responsible for the truthfulness of the data introduced. YOU can allow third parties to see and access your analytical results and other of your confidential information through the website.

YOU are expressly prohibited from using the trademark of FoodExperts as part of the name of your company or in any other way identify FoodExperts as part of your company without the prior written permission of FEXP.

YOU are responsible for notifying FEXP of any incident occurring during the process which could directly or indirectly affect the FEXP Technological Platform.

YOU are responsible for having the relevant insurance policies covering any eventual damage to your equipment as a result of the software used for the FEXP Technological Platform or the information stored therein.

limitationLiability

That specified in the DISCLAIMER available on www.food-experts.com is fully applicable. The acceptance of this contract implies the full acceptance of all conditions established in the said DISCLAIMER.

Invoicing and payment terms

All invoices and payments shall be made in euros in accordance with the following:

  • Invoices issued by FEXP are due and payable 30 days after the invoice date unless other payment terms are expressly indicated or a written agreement varying the payment terms exists.
  • If payment is not made within the said 30 days, FEXP reserves the right to apply a late fee of eight percent (8%) on the total invoice amount.

FEXP reserves the right to suspend this or any other contract between the parties for non-payment within the said 30 day period. However, the suspension of this Contract shall not release YOU from YOUR obligations under the Contract.

YOUR failure to pay the invoices in accordance with the above terms shall be considered as a breach of contract and will empower FEXP to terminate this Contract and seek compensation for all losses and damages incurred thereby as a result of said breach.

Personal data protection policy

FEXP hereby informs all users of this website of its policy regarding the protection of personal data, to be used for the purposes that said users freely and voluntarily permit if they decide to provide FEXP with any data as may be solicited.

FEXP reserves the right to modify its personal data protection policy in response to a change in its own criteria or any changes in applicable legislation, court decisions or business practices. If FEXP introduces any modifications to this text, the new text will be published on the same site, allowing users to view the personal data protection policy of FEXP as may be applicable at any given moment. In all cases, the relationship with the users shall be governed by the rules published at the moment that the user accesses the website.

Pursuant to that established in Organic Law 15/99, of 13 December, on the protection of data of a personal nature, users are hereby notified that the data that they introduce into the various forms on this website are introduced into and stored in an automated file. By sending this information, the user expressly authorises FEXP to process their data as may be necessary for the performance and maintenance of the relationship between the parties.

Unless otherwise expressly indicated, all of the fields on the specific forms must be completed. If all of the data considered as required is not provided, highlighted with an asterisk, FEXP will not be able to register the user (in the case of the user registration form) or will not be able to provide the service or services for which the data was requested (in the case of forms requesting a specific service).

All data introduced by users into the forms must be true, exact, complete and up to date. The user is solely and exclusively liable for any loss or damage, direct or indirect, as may be incurred by FEXP or any third party as a result of the introduction by the user of false, misleading, incomplete or outdated data.

The management of the automated data files is the responsibility of FEXP unless a different responsible party is named for a specific file.

FEXP collects and processes the data provided by the users for the purpose of managing the relationship between the user and FEXP and for providing the services offered through its website www.food-experts.com.

In the event that FEXP proposes granting third parties access to the personal data of the users, all of affected users will be duly notified, specifying the identity of the person granted access and the use to which the data will be put.

If the user is a minor, the prior consent of the parents or tutors is required prior to including the personal data into the forms on the website. FEXP assumes no liability whatsoever for any failure to comply with this requirement.

The entity responsible for the file promises to maintain the confidentiality of the data contained in the automated file in conformity with applicable legislation. Users are similarly informed that by writing to the following address: C/Doctor Fleming 56, 1 Izda 28036 Madrid, Spain to the attention of the Customer Relations Department or by sending an e-mail to customer.support@food-experts.com, they can exercise their rights to access, correction, cancellation and opposition to the data contained in the said file in accordance with that established in Organic Law 15/1999 of 13 December on the Protection of Data of a Personal Nature and any other applicable legislation.

Cookie policy

FEXP hereby notifies users that many of the screens and webpages on this website use cookies.

Cookies are very small text files that your browser stores on the hard drive of your computer. The cookie uniquely identifies your computer and can be read only by the server that gave it to you. Normally websites use cookies to obtain statistical information on the use of their website. A cookie is not an executable file and cannot spread or contain a computer virus. The maximum length is 4000 characters.

FEXP uses cookies for the sole purpose of collecting statistics on the use of its website. The information that FEXP stories on your computer using this mechanism consists solely of a number that identifies your computer and allows us to recognise you on your next visit to our site. The cookie does not contain any personal data or financial information.

FEXP may use cookies to recognise registered users and to be able to offer them better and more personalised service. Similarly, the cookie may be used to obtain information on the date and time of the user's last visit, measure certain traffic parameters on the use of the site and estimate the number of visits made in order to allow FEXP to focus and adjust the services and promotions offered more effectively.

Users can configure their browsers to accept or reject all cookies or to advise them any time a server tries to place a cookie on their hard drive:

  • If you use Microsoft Internet Explorer, click Internet Options on the View menu, and then click the Advanced tab.
  • If you use Firefox, Collect Preferences on the Edit menu and access the Advanced category.

FEXP greatly appreciates that you accept cookies. This helps us to obtain more precise data and improve the content and design of our website in order to adapt it to your needs and preferences.

If FEXP provides any type of special service which uses specific provisions that are different from that contained herein regarding the protection of personal data and the use of cookies, the specific rules governing the special service shall take precedence over that specified herein in the case of any conflict or confusion.

Copyright and other Intellectual Property Rights

The information that is exchanged in the FEXP Technological Platform is strictly confidential. Access is limited to the participating agents that have signed a contract with FEXP and is gained by using the codes and or keys that FEXP provides to each. YOU hereby declare that you are aware and expressly consent to the scope and content of this clause.

YOU promise and agree to maintain, at all times, the strictest confidentiality of the data and information contained in the FEXP Technological Platform and shall refrain from revealing any such data to any other person, including in conversations. This obligation includes the requirement to adopt such measures as may be necessary to avoid that your employees violate the obligation of confidentiality.

All of the software and components supplied by FEXP to YOU shall be treated as confidential. The dissemination of this material by YOU can result in legal actions for the violation of intellectual property rights.

YOU shall adopt such measures as are necessary to prevent the revelation, destruction, dissemination or unauthorised use of the data contained in the FEXP Technological Platform and to prevent any unauthorised access thereto.

The obligation of confidentiality shall be applicable throughout the duration of this contract and afterwards. Each party shall be liable for the actions of their employees and any other persons or entities controlled thereby.

YOU declare that you are aware that any failure to comply with that established in this Confidentiality Clause shall give FEXP the right to seek compensation from the company represented by the user for any losses and damages.

Ownership of the intellectual property rights and any other rights to the software, software development tools, know-how, methodology, processes, analysis and algorithms used to provide the services contracted under this Contract correspond exclusively to FEXP. FEXP solely grants YOU a non-exclusive license to access and use the FEXP Technological Platform in exchange for the consideration agreed by the parties.

Termination of the Contract

YOU may terminate this Contract only by notifying FEXP in writing with return receipt requested at least two months prior to the desired date of termination and following the payment of any costs as may have been incurred by FEXP due to the early termination of the Contract.

The non-payment of any of the invoices and the breach of any of the obligations assumed under this Contract shall give FEXP the right to terminate the contract without notice.

The non-payment of one or more invoices shall be cause for the termination of this contract in accordance with the preceding paragraph once the non-payment has been verified and the payment is required by FEXP and not received within the non-deferrable term of 5 days from the last requirement.

Upon the termination of this contract for any reason, the user is required to return or destroy all data and information downloaded from the FEXP Technological Platform.

Assignment and subrogation

The rights and obligations contained in this Contract cannot be assigned or otherwise transferred, directly or indirectly, in whole or in part, by YOU to any third party without the express written consent of FEXP.

Notifications

Any communication or notification between the parties throughout the performance and duration hereof shall be made in writing with return receipt requested sent to the address appearing at the end of this Contract, for FEXP, and to the address that YOU indicated when registering for access to the website or on any other binding document associated therewith.

Modifications to the Contract

No modification or amendment to this Contract shall be valid unless expressly agreed by both Parties.

Jurisdiction

This Contract shall be governed and interpreted in conformity with Spanish legislation. With express waiver to any other jurisdiction to which they may be entitled, the parties hereto expressly submit to the courts and tribunals of the city of Madrid.

Translations

FEXP shall make a reasonable effort to assure that all translations of this contract faithfully reflect that contained in the Spanish original. Nonetheless, in the event of any discrepancy between the Spanish original and any of the translations, that contained in the Spanish original shall prevail.

Validity

If any of the clauses or provision of this contract are declared void or invalid, the remaining clauses and provisions shall remain in full force and effect.

Food Experts S.L., CIF: B-84818780, with registered offices at: C/Doctor Fleming 56, 1 Izda 28036 Madrid, Spain.

Registered Mercantile Registry: Volume 23.265, Folio 121, Section 8, Sheet M-417012, Inscription 1.

T: +34 91 577 37 28 · info@food-experts.com · www.food-experts.com

Food Experts S.L. Last revision: 06-11-2007.

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