Legal information

Version : November 2021

You must carefully read the information below. These Terms of Use (“Terms”) govern your access to and use of the Banquet D ‘Or®™ website.

The following agreement applies to your use of this BANQUET D ‘OR®™ website (hereafter referred to as the BANQUET D ‘OR®™ web site”) and to the information, images and services made available on this web site.

The BANQUET D ‘OR®™ website is operated and made available by Vandemoortele USA Inc, a corporation under the laws of Delaware.

Business address:

1177 Avenue of the America’s

7th FL

New York, NY 10036

USA

hereinafter referred to as ‘Vandemoortele USA’.

The Banquet D ‘Or®™ website is mainly, but not exclusively, addressed to “Business to Business” (B2B) professional existing and potential customers of Vandemoortele USA Inc. (hereinafter referred to as “Vandemoortele USA”)

Vandemoortele USA reserves the right to make changes, updates, corrections, and modifications to these Terms of the Banquet D ‘Or®™ website at any time and without prior notice.

The invalidity or unenforceability of any of the provisions of these Terms not give rise to the invalidity, unenforceability of the Terms as a whole. An invalid or void provision shall be replaced by a modified, similar provision.

The Banquet D ‘Or®™ website contains information relating to the Vandemoortele USA products and services.

The Banquet D ‘Or®™ website is offered for information purposes only. Vandemoortele does not guarantee that the Banquet D ‘Or®™ website shall operate without interruption or that the content of the website shall be accurate, up-to-date and complete at all times.

The information (text, images, hyperlinks) on this website is general information only. Use of this information is at your own risk.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, REMEDIES RESULTING FROM ACCESSING OR USING THE WEBSITE AND/OR THE SERVICES. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO OUR TERMS AND CONDITIONS OF USE MENTIONED BELOW IN THEIR ENTIRETY (INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW).

YOUR ACCEPTANCE OF THE TERMS

By accessing and using the BANQUET D ‘OR®™ web site, you accept to observe all the conditions and guidelines set forth herein, as well as all legal provisions related to the use of the Banquet D ‘Or®™ web site.

These Terms constitute a binding legal agreement between you and Vandemoortele USA outlining your legal rights, obligations, and remedies arising from your use of the Banquet D ‘Or®™ web site. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority and are able to form this contract binding your employer, or the applicable entity, to these terms conditions; (ii) you have read and understand the binding effect of these Terms; and (iii) you agree, on behalf of the party that you represent, to this agreement. By accessing or using the Banquet D ‘Or®™ web site, you (the “User”) signify that you have read, understand, and agree to be bound by these Terms, and by the Terms of Vandemoortele . These Terms apply to anyone who accesses or uses the Banquet D ‘Or®™ web site, whether or not you have registered via the contact page to Vandemoortele USA Inc. .By using the Banquet D ‘Or®™ web site you are indicating your acceptance of the terms and conditions of the Terms and Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE BANQUET D ‘OR®™ WEB SITE.

TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

The BANQUET D ‘OR®™ web site displays a variety of signs which are capable of being represented graphically, particularly words (including personal names), designs, letters, numerals, the shape of goods or of their packaging, photographs, images, trademarks, trade names, etc.

Each of these signs has been registered in the name of Vandemoortele NV and/ or in the name of another company within Vandemoortele, and this either inside and/or outside the territory of the European Union (i.e. USA).

All page headers, specific graphic representations and icons, are service marks, trademarks, drawings or models exclusively owned by Vandemoortele nv and/or a company within Vandemoortele.

All other trademarks, product names and company names or logo’s (no apostrophe), included in the BANQUET D ‘OR®™ web site are the exclusive property of their respective owners.

All names, logos, service marks, and trademarks appearing in this BANQUET D ‘OR®™ web site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, look & feel, designs and all other intellectual property, except as otherwise noted, are protected intellectual property of, or used with permission or under license by Vandemoortele. This includes the entire content of the BANQUET D ‘OR®™ web site, copyrighted and protected as a collective work.

COPYRIGHT

The entire contents of the BANQUET D ‘OR®™ web site, including the design of the web site, texts, layout, drawings, photographs, films, graphic representations as well as all and any further elements pertaining to these web pages as well as their selection and presentation, are the exclusive property of Vandemoortele USA Inc. and/or of another company within Vandemoortele and are governed by and protected under Vandemoortele copyrights or have been included as part of the BANQUET D ‘OR®™ web site with the explicit permission of the relevant owner. ALL RIGHTS RESERVED.

Copying sections of the BANQUET D ‘OR®™ web site, either by electronic means or by way of hard copy, is permitted exclusively to comply with specific requirements as part of a contractual relationship with Vandemoortele USA Inc. and under the condition that no copyright or other ownership references have been removed.

Any other use of the BANQUET D ‘OR®™ web site, including the reproduction, modification, alteration, translation, distribution and re-publishing as well as creating links to the BANQUET D ‘OR®™ web site for personal, public or commercial purposes, other than those specified above, are strictly prohibited unless given prior explicit permission of Vandemoortele USA Inc. in writing.

Downloading or copying data or images as used on the BANQUET D ‘OR®™ web site do not result in any transfer of rights on any type of software or other materials.

Any infringements will be prosecuted by any means made available by the applicable legislation.

INFORMATION CONCERNING PRIVACY AND THE PROTECTION OF PERSONAL DATA

Your privacy is important to us.

By accessing and visiting the BANQUET D ‘OR®™ web site, you may make available personal data to Vandemoortele USA Inc. and its affiliated companies, such as your name, e-mail address, contact details, etc. For more information about how we collect, process, and use personal data, please see our Privacy Policy, available here : + hyperlink.

OPTING OUT (UNSUBSCRIBE)

Information provided at the time of registration at the contact page from a visitor who is 13 years of age or over may be used for marketing and promotional purposes by Vandemoortele USA and our affiliates or companies or as contact data to send you newsletters or to contact you by phone or email. To keep you in control of the use of your personal information and the commercial communications directed to you, we allow you to opt-out of the following services:

• Receiving commercial communications (for instance newsletters, brochures, etc.) from Vandemoortele USA and its partners about our products or services, and;

• To be contacted by our sales representatives or agents, or brokers about our products or services;

DISCLAIMER

LIABILITY, GUARANTEES & LIMITATION OF LIABILITY

Vandemoortele makes the Banquet D ‘Or®™ website available as-is, for informative purposes, and does not provide any guarantee of any nature whatsoever relating to the Banquet D ‘Or®™ website or its content.

Specifically, Vandemoortele USA Inc. makes no explicit or implicit acknowledgement or any guarantee::

•   that the information on the BANQUET D ‘OR®™ web site is or would be fit for sale and/or suitable for any other purpose;

•   that the information on the BANQUET D ‘OR®™ web site is accurate, complete or up-to-date;

•   that you will be able to use the BANQUET D ‘OR®™ web site or that it will be available on a permanent basis in either its present or any future form or format;

•   that the software that is available from the BANQUET D ‘OR®™ web site or any other types of materials, is free from viruses or defects or compatible with your hardware;

LINKS TO OTHER WEBSITES

the BANQUET D ‘OR®™ web site may include links to other websites maintained by other parties. Vandemoortele USA Inc. does not monitor or control the content of any such additional websites.

You shall be personally responsible:

•   for using antivirus software to download any software or other material from the Banquet D ‘Or®™ website, and to ensure that this software or any other material is compatible with your own software;

•   for ascertaining whether and to what extent the content or information that is communicated via the Banquet D ‘Or®™ website is accurate, complete, or up-to-date (version management);

•   The editorial content on any website to which you gain access via a hyperlink on the Banquet D ‘Or®™ website shall be subject to the exclusive responsibility of the person who makes such other website available.

All product information, if it is already mentioned, can be altered by Vandemoortele USA without prior notice (version management).

This is a comprehensive limitation of liability that shall apply to all forms of damage including, but not limited to, repair damage, direct or indirect or consequential damage, loss of data, income or profit, loss of or damage to property and third party claims.

Except as provided for in the exceptions detailed below, Vandemoortele USA Inc. will in no way assume responsibility or liability, either for negligence, infringement of contractual commitments or any other reason, for the loss of or damage incurred by yourself in any which manner (included, without restriction, direct losses or damage, indirect losses or consequential damage, loss of goodwill, loss of opportunity, loss of information or loss of profit) as a result of : (i) computer viruses or other ‘bugs' transmitted from the BANQUET D ‘OR®™ web site, (ii) your use or incompetence with regard to the use of the BANQUET D ‘OR®™ web site or any disruption of the BANQUET D ‘OR®™ web site being available, (iii) your use of or reliance on other web sites which you have accessed by way of hyperlinks made available on the BANQUET D ‘OR®™ web site, (iv) any type of inaccurate information published on the BANQUET D ‘OR®™ web site or (v) your non-compliance of applicable legislation and rules and regulations as applicable to you or in the event you should choose to rely on the BANQUET D ‘OR®™ web site.

Nothing contained in this agreement can be used to either limit or exclude our responsibility or liability arising from gross negligence or willful misconduct on our part.

Prices, information regarding product availability, as well as all product information, if any, are subject to alteration without prior notice.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER VANDEMOORTLE USA, INC NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

APPLICABLE LAW AND COMPETENT LAW COURTS

The above conditions and guidelines are governed by New York law .

The courts of the United States District Court for the Southern District of New York and the Supreme Court of the State of New York located in New York County, New York will be exclusively competent in settling any disputes, controversies or claims resulting from or relating to the above conditions and guidelines, both with regard to the existence, the validity or the enforceability thereof, insofar as no amicable out-of-court settlement can be reached to terminate any such dispute, controversy or claim and each party hereby accepts the jurisdiction of such courts..

CONTACT DETAILS

If you have questions regarding these Terms of Use, or if you want to contact Vandemoortele USA Inc. of any query regarding the or for notice of claims of copyright, intellectual property or privacy infringement :

By e-mail: usa@vandemoortele.com

Through Contact Page BANQUET D ‘OR®™ web site

By Post:

Vandemoortele USA Inc, a corporation under the laws of Delaware.

Business address :

1177 Avenue of the America’s

7th FL

New York, NY 10036

USA

Contact: Raoul Dexters – General Manager -Vice-President