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Terms of Use


Last Updated: April 1, 2020

Welcome to olamspices.com. Olam provides website features and other services to you when you visit or shop at Olam Sites, use Olam Products for sale or services, or use software provided by Olam in connection with any of the foregoing. These Terms of Use govern your access to and use of all Olam Sites and purchase of Products. Olam reserves the right to make changes to its sites (including Olam Sites), policies, other service terms, and these Terms of Use at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

DEFINITIONS

Olam: includes Olam West Coast, Inc., and any of its US subsidiaries or other US affiliates.

Product(s): Goods sold through Olam Sites

Materials: Olam logos and content and any communication on Olam Sites

Olam Sites: olamspices.com and its family of related websites under the same domain

USE   

You agree and promise that:

(i) You are at least 18 years of age;

(ii) The information that you provide on Olam Sites is accurate and complete;

[security]

(iii) You are solely responsible for the confidentiality and security of any information that you provide on Olam Sites (including, for example, usernames and passwords, etc.), and Olam is not responsible for any information lost or shared by you;

(v) Your use of Olam Sites will not involve downloading information or introducing bugs, viruses, spyware, malware or similar software, computer code or files to Olam Sites that is potentially harmful or invasive or intended to damage or hijack the operation of, to monitor the use of any hardware, software or equipment;

(vi) You will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information or reproduce or circumvent the navigational structure or presentation of Olam Sites without Olam Sites’ express prior written consent.

[intellectual property]

(vii) You will not reverse engineer, decompile or disassemble any portion of Olam Sites or the Products except where such restriction is expressly prohibited by applicable laws;

(viii) You will not violate Olam’s intellectual property rights, including for example using Olam Sites or Olam’s logos or brand to send any unsolicited or unauthorized information such as advertisements, promotional materials, email or postal mail or other form of solicitation without Olam’s consent;

(ix) You will not reproduce, modify, translate, create any other derivative works of, sell, lease, loan, distribute or otherwise exploit any portion of Olam Sites except as expressly authorized herein without Olam’s prior written consent;

[financial transactions]

(x) You are solely and exclusively responsible for the payment obligations that arise out of your use of the Products on Olam Sites, and that Olam is not a party to any agreement between you and any payment method provider (for example, credit/debit card companies, banks, etc.);

[laws]

(xi) You will not violate any applicable law, rule, or regulation or these Terms of Use.

PRIVACY

You acknowledge and understand that your use of Olam Sites is governed by Olam’s Privacy Policy, which can be reviewed here. You acknowledge that Olam has the exclusive right to monitor, evaluate, and analyze Olam Sites, and Products and Materials on Olam Sites, and any use of and access to Olam Sites;  Olam also has the right to modify or prohibit access to Olam Sites or any Products or Materials made available through Olam Sites, for any reason or for no reason, including due to violation of these Terms of Use. 

MERCHANDISE

Olam Sites may make available listings, descriptions and images of Products. Olam makes no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions, or images (including any features, specifications and prices contained on Olam Sites). Such information and the availability of any Product are subject to change at any time without notice. Furthermore, Olam makes no representations as to the accurate display of the attributes of the Products, including applicable colors, certain weights, measures or other descriptive features.

EXTERNAL SUPPLIERS

Olam Sites may operate a third-party marketplace, and some of the Products available on Olam Sites may be offered directly by third-party suppliers (“External Supplier(s)”) along with Products directly supplied by Olam. By purchasing a Product from an External Supplier, you acknowledge that all such orders will be fulfilled by the External Supplier and not Olam, including without limitation all processing, shipping, returns, warranties, recalls and customer service.

OLAM MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO SUCH PRODUCTS. REJECTED PRODUCTS UNDER THIS SECTION MUST BE RETURNED DIRECTLY TO THE EXTERNAL SUPPLIER AND CANNOT BE RETURNED TO OLAM.

ORDER

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to Olam, and that all information that you provide related to means of payment is accurate and complete. By providing payment card information to Olam, you authorize Olam to store and use the card as a payment method for purchases made through your Olam Sites account. Olam reserves the right to cancel your order if you fail to comply with the terms of this section or for any other reason, including limitations on quantities available for purchase, inaccuracies, or errors in pricing information, problems identified by our credit card and fraud avoidance department. Furthermore, Olam reserves the right, at Olam’s sole discretion, to limit or prohibit sales of Products to any existing or prospective customer(s).

PRICING & PAYMENT

Olam cannot confirm the price of the Product until you order. By using Olam Sites, you acknowledge and understand that pricing or availability errors may occur on Olam Sites, and that your receipt of an order confirmation does not constitute Olam’s acceptance of an order or Olam’s confirmation of an offer to sell Product. Olam reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Olam.

You are solely and exclusively responsible for the payment obligations that arise out of your purchase and/or use of the Products on Olam Sites, and that Olam is not a party to any agreement between you and any external payment method provider (for example, credit/debit card companies, banks, etc.). Olam reserves the right to charge you an interest rate of up to fifteen percent (15%) for any unpaid invoices.

Where payment by letter of credit is stipulated, payment must be made by confirmed irrevocable letter of credit established for the credit of the bank that we nominate, and be irrevocable, confirmed and without recourse and otherwise in the form satisfactory to us.

If Olam requires you to post security for payment, you shall post such security before the Products are loaded for shipment. In the event of your failure to comply with these Terms of Use, Olam has the right, in addition to any other rights or remedies provided by contract or law, to declare the entire balance of your account immediately due and payable or to foreclose any security interest that Olam may have in the Products.

SHIPPING AND DELIVERY

This section does not apply to orders of Products offered by External Suppliers which shall be shipped, delivered and otherwise fulfilled in accordance with the policies of such External Suppliers.

When supplied by Olam, Products may be picked up by you from one of Olam’s facilities, or may be shipped to an address designated by you, so long as such address is accurate and complete. If Olam is expected to deliver, Olam will use commercially reasonable efforts to deliver you the Products on a timely basis, but you agree that time is not of the essence. You will be responsible for any shipment or delivery fees. All purchases of physical items from Olam Sites are made pursuant to a shipment contract with a carrier. This means that the risk of loss and title for such items shall pass to you upon Olam’s delivery to the carrier.

You have fifteen (15) days from the date of delivery to inspect and reasonably reject the Products, after which, all sales will be deemed accepted and final. If you reject the Products in accordance with the foregoing, you will give Olam a reasonable opportunity to replace the rejected Products prior to requesting a refund. Rejected Products will be disposed of or returned at Olam’s sole discretion.

ANTI-BRIBERY, SANCTIONS AND EXPORT POLICY

By using Olam Sites, you agree, represent, and warrant that you are familiar with anti-bribery and corruption legislation (“Anti-Bribery Laws”) and that you are aware that Anti-Bribery Laws prohibit, under the threat of severe penalty, the payment or giving of anything of value, either directly or indirectly through other parties, to an official of a foreign government (including officers and managers of government-owned or controlled companies) for the purpose of influencing them in their official capacity.  You agree not to use any of the funds that you pay or goods that you receive for a purpose that violates the Anti-Bribery Laws.

You agree, represent and warrant that you will not use any Products received through Olam Sites if you are the subject of US sanctions or of sanctions consistent with US law imposed by the governments of the country where you are using Olam Sites. You must comply with all US or other export and re-export restrictions that may apply to the goods.

You acknowledge that goods licensed or sold on Olam Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws.

INTELLECTUAL PROPERTY

Olam Sites and, Materials, all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned/controlled by or licensed to Olam, and are protected by U.S. and international intellectual property laws.  Subject to your compliance with these Terms of Use and Olam’s sole discretion, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all of Olam’s copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. No license, right, title, or interest in the Olam Sites or any Materials is transferred to you as a result of your access or use of the Olam Sites or the Materials.  Except as otherwise permitted above, you may not reproduce, publish, transmit, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or Olam Sites.  Olam Sites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, republication, transmission, modification, or performance, of Olam Sites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of Olam Sites and Materials is the exclusive property of Olam and is also protected by U.S. and international copyright laws.

Olam’s names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of Olam Sites are trademarks or trade dress of Olam in the U.S. and other countries.

If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Olam Sites.

WARRANTIES & LIMITATION OF LIABILITY  

ANY APPLICABLE WARRANTIES ARE CONTINGENT UPON YOU FULFILLING YOUR RESPONSIBILITY TO MAKE YOUR OWN EXAMINATIONS AND CONDUCTING YOUR OWN TESTS. YOU WARRANT THAT YOU WILL MITIGATE ANY LOSS OR DAMAGE THAT YOU MAY SUFFER UNDER THESE TERMS OR OTHERWISE RELATED TO THE PRODUCTS, AND THAT YOU WILL FOLLOW ANY OF OLAM’S INSTRUCTIONS REGARDING THE HANDLING, STORAGE, COOKING AND SERVICING OF THE PRODUCTS AND COMPLYING WITH ALL REGULATORY AND STATUTORY LAWS AND INDUSTRY PRACTICES FOR FOOD HANDLERS.

OLAM SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY OLAM, ARE PROVIDED BY OLAM ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, NO OLAM ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OLAM SITES OR AS TO THE INFORMATION, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS MADE AVAILABLE TO YOU BY OLAM, AND OLAM EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THAT YOUR USE OF OLAM SITES IS AT YOUR SOLE RISK. OLAM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INDIRECTLY ARISING FROM THE PURCHASE OR USE OF SUCH PRODUCTS OR FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES ARISING UNDER THE AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF OLAM SITES AND AGREE THAT ANY INFORMATION THAT YOU SEND OR RECEIVE DURING YOUR USE OF OLAM SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO OLAM ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM OLAM SITES. 

NOTWITHSTANDING ANY TO THE CONTRARY, SUPPLIER’S TOTAL LIABILITY FOR ANY LOSSES OR BREACH OF WARRANTIES HEREIN, OR FOR ANY CLAIM RELATED TO THE PRODUCTS, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, INDEMNIFICATION OBLIGATIONS HEREIN, SHALL BE LIMITED TO YOUR PURCHASE PRICE OF THE PRODUCTS FOR THE ORDER RELATED TO THE CLAIM (THE “CAP”). THE FOLLOWING CLAIMS HOWEVER SHALL NOT BE SUBJECT TO THE CAP: (I) DEATH OR INJURY FROM A PARTY’S NEGLIGENCE, (II) FRAUD OR FRADULENT MISREPRESENTATIONS, AND (III) ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT, LIABILITY.

INDEMNITY

You agree to defend, indemnify, and hold Olam harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to: (i) your misuse of Olam Sites; (ii) your negligence or willful misconduct; or (iii) your violation of any applicable laws or regulations or any breach by you of these Terms of Use.  Olam reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Olam if and as requested by Olam in the defense and settlement of such matter.

RECALLS

This section does not apply to orders of Products offered by External Suppliers which shall be subject to the recall policies such External Suppliers. You acknowledge and agree that Olam has no obligation or responsibility for recalls of Products supplied by External Suppliers.

Regarding Products supplied by Olam, you have the right to initiate and direct any recall, market withdrawal, stock recovery, product correction, or advisory safety communication (a “Recall Action”) regarding the Products or any product incorporating the Products.  In the event of a Recall Action of for defective Products, you and Olam will diligently and in good faith work together to determine the cause of the defect, and the manner, text, and timing of any publicity to be given such matters.  In case a Recall Action is caused solely by Products that were defective as supplied by Olam under these Terms of Use, your exclusive remedy shall be, at Olam’s option, to either replace the defective Products or refund the purchase price for the defective Products and pay the reasonable cost of: (i) preparing, printing and mailing a recall notice to inform distributors and customers of the nature of the Recall Action, (ii) freight to replace the defective Products, and (iii) reasonable labor costs and expenses to perform in-field replacement activities, if any, for defective Products. All press or other enquiries relating to a Recall Action shall be dealt with by the parties together in good faith and no public statement shall be made absent mutual written agreement of the parties.

DISPUTES

By using or accessing Olam Sites, you accept the terms of this Arbitration provision.  Please read it carefully as it provides that you and Olam will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND OLAM, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT OLAM AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.  The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration

APPLICABLE LAW

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

CONTACT ADDRESS

Olam West Coast, Inc.

205 East River Park Circle, Ste 310

Fresno, CA 93720

© 2020 Olam International All Rights Reserved Co. Reg. No. 199504676H