Last Updated: April 1, 2020
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
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;
(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.
(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;
(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.);
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.
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.
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.
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.
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.
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.
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.
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.
Olam West Coast, Inc.
205 East River Park Circle, Ste 310
Fresno, CA 93720
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 Holdings, Inc. (“Olam”, "We" or “Us”) on behalf of itself and its U.S. group companies. We have our office at 205 East River Park Circle, Suite 310 Fresno, CA 93720.
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 trademark, copyright notice or any other proprietary notice;
- except as authorized 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 authorized 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, trademark 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 authorized 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 unauthorized 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.
4. 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 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 authorized 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 unauthorized 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 authorized in the proper performance of your duties (if you are an Employee).
5. 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-license) 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 if you wish to make use of Content beyond the Own Use License 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 (“Authorized Media”), you must first obtain our express, written consent to do so (“Commercial Use Licence”) by contacting firstname.lastname@example.org 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 cooperate 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 License, 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.
6. 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.
7. Representations and warranties
When you access our Site and/or use our Services, you hereby represent and warrant that:
8. 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 upon such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
9. 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.
11. 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:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- 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
13. 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.
14. 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 unauthorized 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.
15.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.
16. 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 OlamSpices-CustomerSupport@olamnet.com.
17. 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.
18. Jurisdiction and applicable law
19. Dispute resolution
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.
23. Your concerns
If you have any concerns about material which appears on our Site, please contact OlamSpices-CustomerSupport@olamnet.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.