All of the services available on or through the Site or otherwise offered, maintained and/or provided by us are referred to in this document as our "Services".
1. Information about us
The Services and the Site are operated and provided by Olam International Limited (“Olam”, "We" or “Us”) on behalf of itself and its group companies. We are registered in Singapore under company number 199504676-H and have our registered office at 7 Straits View, Marina One East Tower #20-01, Singapore 018936 which is also our main trading address.
2. Accessing our Services
We reserve the right to withdraw access to or amend any Services that we may provide without notice (see below). We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may limit or restrict access to some parts of our Services, or our entire Services, to users who have registered with us.
You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you live or reside to use the Services or the Site. If you are under 18 years old or have not reached the age of majority, you must stop using/accessing this Site and using the Services immediately.
You agree to comply with any and all the guidelines, notices, operating rules and policies (if you are an Employee, this includes the Olam Information Security Policy and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time.
You may choose or we may invite you to submit comments or ideas about improvements to the Service or the Site ("Commentary"). If you submit any Commentary to us, we will presume that your submission was voluntary and delivered to us without any restrictions on our use of the Commentary. You also agree that Olam has no fiduciary or any other obligation to you in connection with any Commentary you submit to us, and that we are free to use your Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.
3. Restrictions of use
In using the Site and/or Services or any Content, you shall not, and you shall not permit anyone else to, directly or indirectly:
· remove Olam's or any other user's trade mark, copyright notice or any other proprietary notice;
· except as authorised in the proper performance of your duties (if you are an Employee), rent, lease, distribute, resell or use the Services for other commercial purposes;
· except as authorised in the proper performance of your duties (if you are an Employee), engage in any activity that interferes with or disrupts the Services or the Site;
· upload any comments or ideas that violates or infringes another party's right of publicity, privacy, copyright, trade mark or other intellectual property right;
· use the Services or any Content in violation of or to circumvent any sanctions or embargo;
· use the Services or any Content for any purpose for which it is not designed or intended;
· except as authorised in the proper performance of your duties (if you are an Employee), use the Services or any Content to create or promote a product, service or software that is directly or indirectly competitive with or in any way a substitute for the Services;
· use the Services to send, post or otherwise communicate any content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;
· use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;
· collect any information in respect of other end users without their consent; or
· obtain or attempt to obtain unauthorised access to such parts of the Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
2. User accounts
Certain Services that may be made available on the Site may require creation of an account with us or for you to provide personal data. If any part of the Site allows for subscription access via logins, you request to create an account with us, a username and password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Site. You are solely responsible for any activity on your account and we are not liable for any acts or omissions by you in connection with your account. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.
You hereby agree to change your password from time to time and to keep the username and password confidential and shall be solely responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if your personal data requires updating.
You agree and acknowledge that you shall be responsible for all persons who use the Services and/or access the Site through your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/ or access to the Site through your account, except where such use or access has been authorised in the proper performance of your duties (if you are an Employee).
3. Intellectual property rights
All intellectual property rights in our Site and Services, and in the Content, are owned, licensed to or controlled by us, our licensors or our service providers. Those works are protected by copyright laws and treaties around the world and we reserve the right to enforce its intellectual property to the fullest extent of the law. All such rights are reserved.
Own Use Licence
We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-licence) to access and use the Site solely for the purposes of receiving the Services or for internal business purposes.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
Commercial Use Licence
This section applies to any use you wish to make of Content beyond the Own Use Licence granted above. Should you wish to take, produce, reproduce, alter, arrange, translate, transform, modify, share, re-interpret or create any derivative works of any Content for commercial purposes (“Adapted Content”), including by distributing or publishing such Adapted Content on your own website, app, e-mails or official printed corporate publications related thereto (“Authorised Media”), you must first obtain our express, written consent to do so (“Commercial Use Licence”) by contacting email@example.com with your request.
Your request must contain:
· A statement detailing the purposes for which you wish to use any Adapted Content; and
· A list of the categories of Content including specific hyperlinks or screenshots (as applicable) of the Content you wish to become Adapted Content (“Licensable Data”).
· as applicable, you will use any pre-agreed attribution statements to acknowledge our status (and that of any identified contributors) as the authors of the underlying Content;
· you will co-operate with us to protect the goodwill and reputation associated with Olam, its group companies, the Site and any Services and undertake and warrant that your use of the Licensed Data shall not damage, risk or harm such goodwill and reputation;
· you will only make copies or distribute Licensed Data to the extent reasonably necessary for the Permitted Use;
· you will not use any Licensed Data or any of our trademarks or logos on any product packaging or to make any on-pack or about-product claims in relation to your own goods or services without our separate, express written consent;
· Upon termination or expiry of any agreed term during which you are granted a Commercial Use Licence, you will immediately (i) cease using the Licensed Data, (ii) use your best efforts to retrieve all distributed published materials using the Licensed Data and (iii) destroy all such materials and provide Olam with proof (acceptable to us) of destruction.
4. Third party data
Any references in our Site to third-party data are provided for your information only. We have no control over third-party data, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As we have no control over the third-party data and have not independently verified the accuracy of the third-party data, you acknowledge and agree that we are not responsible for the availability or accuracy of the third-party data.
5. Representations and warranties
When you access our Site and/or use our Services, you hereby represent and warrant that:
· if you are an individual:
o you are at least 18 years of age or have reached the age of majority in the jurisdiction in which you live or reside;
o you are capable of entering into and performing legally binding contracts under Applicable Law; and
o all information which you provide is accurate, up to date, truthful and complete;
· if you represent a corporate entity:
o that entity is duly organised, validly existing and in good standing under the laws of the state, province or country of its incorporation; and
o all information which you provide is accurate, up to date, truthful and complete.
6. Reliance on information posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
7. Our Site changes regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
We do not warrant or represent that the Site or Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Olam and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
9. Our liability
To the extent permitted by Applicable Law, we shall not give any guarantees, conditions or warranties:
· as to the accuracy, reliability or correctness of any data provided through the Services;
· that the Services will function in an uninterrupted manner or be secure or free from errors; and
· that the Services will be free of viruses or other harmful code.
The Services are provided on an "as is", "as available" and "with all faults" basis without warranties of any kind either express or implied. To the extent permitted by Applicable Law, we disclaim all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement or other violation or rights.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under Applicable Law.
· we determine in our sole discretion that you pose a risk of fraud or credit risk;
· any Applicable Law or governmental or regulatory authority requires us to do so.
· Olam may suspend and/or withdraw any passwords and access to the Site, including access to the applicable levels of access previously granted;
· we will not be liable to you for any compensation, reimbursement or damages related to your use of the Services or any termination or suspension of the Services or the deletion of your information or account data; and
11. Information about you, others and your visits to our Site
If you are provided with access to (or are providing Olam with access to) any Personal Data of any third-party in connection with your access to any Site and/or Service, you agree to comply with the Data Sharing Terms at Annex A.
12. Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
13. Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14. You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy set out at Annex B.
If you wish to make any use of material on our Site other than that set out above, please address your request to firstname.lastname@example.org.
15. Links from our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and are not responsible or liable for any content, advertising, information, products, services or other materials on or available from such sites or resources.
16. Jurisdiction and applicable law
17. Dispute resolution
18. Trade marks
Any terms or conditions that are contained in any purchase order or in any other document that is issued by you or in correspondence or documents passing between Olam and you will have no effect, and will not affect any agreement between the parties, even if Olam has had notice of those terms or conditions and do not constitute an offer or a counter-offer by Olam.
Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.
21. Your concerns
If you have any concerns about material which appears on our Site, please contact email@example.com.
We shall provide all notices to you at the email address or physical address that you have provided to us. You are solely responsible for keeping that information current with us. You hereby agree that all agreements, notices, disclosures, and other communications that we provide electronically to you satisfy any legal requirement that such communications be in writing.
Thank you for visiting our Site
Last Updated : June 2020 - Version 1.0
ANNEX A – ADDITIONAL TERMS
DATA SHARING TERMS
3. In these Data Sharing Terms the following words and phrases shall have the following meanings, unless inconsistent with the context or as otherwise specified:
"Data Protection Legislation" means all laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality, security, integrity and protection of Personal Data in force from time to time in those parts of the world in which the parties operate and/or Process Personal Data (either directly or through a third party);
"Data Controller", "Personal Data" and "Process/Processing" shall be interpreted in accordance with applicable Data Protection Legislation; and
"Individual Data" means any and all Personal Data relating to the data subjects as provided by Olam, whether on or through the Site or otherwise, including non-Personal Data that may, in combination with any other data made available on the Site, amount to Personal Data.
“parties” means you and Olam and “party” means either you or Olam, as the context so requires.
“SCC” means the European Commission’s standard contractual clauses for the transfer of Personal Data from the European Union to processors established in third countries (Data Controller-to-Processor transfers), as set out in the Annex to Commission Decision 2010/87/EU.
4. Olam shall retain ownership of Individual Data shared with you regardless of the right to access and use granted to you and you shall not use Individual Data without Olam’s express written permission or in a manner inconsistent with any such permission granted to you. Further, when using Personal Data and/or Olam Data, you shall clearly attribute the source of such Personal Data and/or Olam Data if requested by Olam in a manner approved by Olam.
6. You shall undertake to procure all necessary consents from the relevant data subjects and Olam for use of Individual Data by you for purposes beyond the current Permitted Use. If you wish to confirm whether a proposed use is a Permitted Use or wish to obtain additional consents, you may contact us and inquire accordingly.
7. You acknowledge that the Individual Data has been collected in a lawful manner in accordance with applicable Data Protection Legislation, Olam’s Privacy Statement [Link] and any personal information collection notice provided to data subjects, a copy of which shall be provided to you upon request.
9. Each party acknowledges, as independent Data Controllers, that they may respectively use third party Processors to process Personal Data in connection with the Permitted Use. In doing so, you shall comply with Olam’s Privacy Statement [Link] and will ensure that any third party Processors, authorised by you to process any Individual Data are subject to appropriate confidentiality obligations, will comply with their obligations as Processors under applicable Data Protection Legislation and will promptly notify you (who shall promptly notify Olam) in the event of a data breach.
10. Each party shall promptly provide the other party such reasonable cooperation, information and assistance as required from time to time to enable such other party to comply with its obligations under applicable Data Protection Legislation.
11. The parties shall not knowingly perform their obligations under these Data Sharing Terms in such a way as to cause the other party to breach any of its obligations under applicable Data Protection Legislation.
12. Each party shall at all times have in place appropriate technical and organisational security measures so that Individual Data is protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.
13. If any party is provided with anonymised Individual Data, that party will not attempt to reverse-engineer, recreate, combine with any other dataset, or otherwise reidentify any data subject from the anonymized Individual Data.
14. Where you are established in the United Kingdom or the European Union or are otherwise bound by the General Data Protection Regulation 2016/679 (GDPR), you will not (and will not permit your contracted Processors to) transfer or otherwise process Individual Data outside the European Economic Area (EEA) unless it complies with section 9 above, the GDPR and any other applicable Data Protection Legislation.
15. If any Individual Data transfer between Olam and you legally requires execution of SCC in order for Olam or you to comply with applicable Data Protection Legislation, the parties will complete and execute the SCC and take all other actions required to legitimise the transfer.
16. Each party will be liable to the other party for damages it causes by any breach of these Data Sharing Terms. Liability as between the parties is limited to actual damages suffered. Indirect or consequential losses, loss of profits, loss of reputation and punitive damages are specifically excluded. Each party will be liable to data subjects for damages it causes by any breach of third-party rights under these Data Sharing Terms.
17. Without prejudice to any rights that have accrued under these Data Sharing Terms or any of its rights or remedies, either party may terminate these Data Sharing Terms with immediate effect by giving written notice to the other party if the other party commits a breach of these Data Sharing Terms.
19. No waiver of any breach of any provision of these Data Sharing Terms or performance obligations hereunder shall be effective unless specifically made in writing.
ANNEX B – ACCEPTABLE USE POLICY
1. PROHIBITED USES
You may use the Site only for lawful purposes.
You may not use our site:
v In any way that breaches any applicable local, national or international law or regulation;
v In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
v For the purpose of harming or attempting to harm minors, or any individual, in any way;
v To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
v To transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
v To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer hardware or software.
You also may not:
v Access without authority, interfere with, damage or disrupt: (i) any part of the Site; (ii) any equipment or network on which the Site is stored; (iii) any software used in the provision of the Site; or (iv) any equipment or network or software owned or used by any third party.
2. CONTENT STANDARDS
These content standards apply to any and all material which you send through or contribute to the Site (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter and these standards apply to each part of any Contribution as well as to its whole.
v Be genuine and well-intentioned;
v Be accurate (where they state facts);
v Be genuinely held (where they state opinions); and
v Comply with Applicable Law.
Contributions must not:
v Contain any material which is defamatory of any person;
v Contain any material which is obscene, offensive, hateful or inflammatory;
v Promote sexually explicit material;
v Promote violence;
v Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v Infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
v Be likely to deceive any person;
v Be made in breach of any legal duty owed to a third party;
v Promote any illegal activity;
v Be threatening, abusive or invade another person’s privacy, cause annoyance, inconvenience or needless anxiety, or place (or potentially place) any individual in physical danger or harm;
v Be likely to insult, harass, upset, embarrass, alarm or annoy any other person;
v Be used to impersonate any person or to misrepresent your identity or affiliate with any person;
v Give the impression that they emanate from us if it is not the case;
v Refer to or promote any third party companies or products;
v Make any endorsements;
v Offer to sell or buy any goods or services; or
v Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
v Immediate, temporary or permanent withdrawal of your right to use the Site;
v Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
v Issue a warning to you;
v Commence legal proceedings against you for reimbursement of all costs, damages and losses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
v Take further legal action against you; and/or
v Disclose such information to law enforcement authorities as we may deem necessary.
We exclude all liability, to the extent permitted by law, for actions taken in response to breaches of this Acceptable Use Policy. The responses described in the Acceptable Use Policy are not limited, and we may take any other action as we reasonably deem appropriate.
4. CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time. It is your responsibility to periodically review this Acceptable Use Policy for any updates, which shall come into effect upon publication. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Site