Legal Terms, Disclaimer & Copyright Information


TERMS OF SERVICES
Introduction - Terms and conditions - Software ownership and licensing - Deliverables and refund policy - FFT website subscriptions - Restriction of liability - Termination - Linked sites - Linking and logo policy - Credit - Litigation - Force majeure

DISCLAIMER - COPYRIGHT POLICY - SECURITY - PRIVACY POLICY

TERMS OF SERVICES

INTRODUCTION    

Food for Thought (hereafter FFT) has developed a wide-ranging international food & drink markets database since 1989. FFT makes this database available to clients in the form of a dynamical on-line Management Information System (MIS).

Clearly and understandably, FFT wishes to protect its investment (both content and software) and limit use of the FFT website to its clients, and to protect itself from the illegal use and distribution of any of the software and/or data contents provided online or otherwise.

In particular, the website is not to be made available on other publicly accessible services (internet or otherwise), such as national or local government institutions, public libraries, universities, trade associations, and other like bodies, without the express written consent of FFT.

TERMS AND CONDITIONS    

Food for Thought (FFT) requires that all visitors to its web site adhere to the following Terms of Service. By accessing and using the FFT Website, you indicate your acknowledgment and acceptance of these Terms of Service. These Terms of Service specifically include the Disclaimer, Copyright Policy, Security and Privacy Policy terms to be found on the FFT Website (on the menu bar at the bottom of the screen).

Note: When making an online order, you are obligatorily required to tick an acceptance box indicating that you have knowingly accepted the Terms and Conditions applicable to the FFT Website as indicated here. In the case of a subscription to the FFT Website giving direct access, the client ensures that all Authorized Users under the subscription are aware of and accept these Terms and Conditions.

SOFTWARE OWNERSHIP AND LICENSING    

The materials in this site are provided for lawful purposes only. If you download software from this site, the software, including all files and images contained in or generated by the software and accompanying data are deemed to be licensed to you by FFT. Neither title nor intellectual property rights are transferred to you, and FFT continues to own full and complete title and all copyright rights in the software and accompanying data. If the downloaded software has been modified in any way, the terms of the license for the modified software shall be the same as those of your existing license except to the extent specifically modified by a notice accompanying the downloaded software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a human or machine perceivable form.

DELIVERABLES AND REFUND POLICY    

Reports can be either calculated and delivered automatically as an electronic file by the FFT website (hereafter "online orders"), or simply ordered by E-mail facilities provided on the FFT website and delivered by traditional means (hereafter "non-online orders").

Deliverables - Online Orders

To ensure swift and secure delivery of online orders, FFT has adopted a dual delivery system (two separate deliveries for each order). Any order made through the Direct Data Download (DDD) facility on the FFT website will be sent (once credit card payment has been accepted):

1) In the form of a PDF file (Acrobat Reader's industry standard "Portable Document File") attached to an E-Mail to the client and readable on virtually any computer platform.

Note: In the case of paid-up on-line subscriptions to the FFT website giving clients free access to the data ordered, this facility becomes superfluous and may be suspended.

2) Direct to the client's computer for immediate viewing on screen on his internet browser. This facility is triggered from the client's User Account, and should be available almost immediately upon acceptance of the order and payment. [The client must be equipped with Acrobat Reader, a free utility that can be downloaded online.

Note: The FFT website has been tested on the major platforms (computers) and browsers (internet programs). However, owing to the multiplicity of platforms and browsers available on the market, FFT cannot guarantee that on-screen viewing under (2) above will function in all circumstances. Consequently, FFT considers that the safe delivery of the client's order (report) as an E-Mail attachment as specified under (1) above, to the E-Mail address specified by the client with his order, will complete FFT's obligations of delivery to the client in the case of on-line DDD orders. The client must ensure that his e-mail facility is capable of receiving sometimes large e-mail attachments.

Deliverables - Non-Online Orders

Once a client reaches the shopping basket, he can request an invoice, which is delivered immediately by email. The invoice indicates FFT’s bank references. Upon reception of payment, the report will be sent immediately in pdf, and loaded to the client’s User Account in both pdf and excel.

Refund Policy

In the unlikely event that a problem occurs in delivery of a client's order (report) as outline above, or a substantial dissension develops as to the contents of the report .."The report is not what I expected...", FFT will examine in a tolerant and positive way the complaint, and refunds will be given at the discretion of the Company Management.

Please contact FFT by E-Mail at: sales-service@fft-world.com

You may also contact FFT website services at:
Food for Thought
47, Avenue Blanc,
1202 Geneva
Switzerland


FFT WEBSITE SUBSCRIPTIONS    

On-line subscribers to part or all of the FFT Website are to be made available only to authorized users within the company or entity taking out the subscription.

You will be provided with a password in respect of each Authorised User who is entitled to access the website (or to all Authorised Users if you have requested and we have agreed to issue a corporate password). You acknowledge that each password is unique, and you agree to put in place appropriate technical and administrative controls to ensure the safekeeping of passwords and ensure that use is strictly limited to the relevant Authorised User(s). You shall immediately notify us upon becoming aware of any unauthorised use of a password.

You must change your user name and password entry codes whenever necessary to ensure compliance with the above (e.g. in the event of personnel with access to the codes leaving your company).

You agree to cooperate with us if we wish to monitor compliance with this requirement. If an audit reveals that unauthorised users are using the site with your private subscription access, we reserve the right, at our discretion, to terminate the contract immediately and at no cost to ourselves, including non re-imbursement of unexpired subscriptions. In the case of flagrant and substantial violations, we may seek appropriate damages.

We will maintain and update the FFT Food & Drinks Database provided on-line with reasonable skill and care. We do not guarantee that this service will meet your present or future needs or requirements or that it will be complete, error free or wholly accurate, or that it will be delivered without interruption, fault or error. The service may be disrupted by Force Majeure (see below).

The client ensures that all Authorized Users of the FFT Website under the subscription giving direct access to the FFT Database are aware of and accept the present Terms and Conditions.

RESTRICTION OF LIABILITY    

Neither party shall be liable to the other for any indirect or consequential loss (including loss of actual or anticipated profits, business, revenue, goodwill, anticipated savings or data) whether arising from negligence, breach of contract or otherwise.

Food for Thought (FFT) will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. FFT will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or even if FFT or an authorized FFT representative has been advised of the possibility of such damages, or both. the above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

FFT's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site over the preceding 12 months.

TERMINATION    

You may terminate this agreement at any time. FFT may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination by either party, you must destroy all materials obtained from this site and all related documentation and all copies and installations.

LINKED SITES    

This site includes links to other sites. FFT is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites.

LINKING AND LOGO POLICY    

FFT shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend FFT against all claims arising out of or based upon your website.

FFT reserves the right at any time to request that you remove all links to the FFT website from your website.

LITIGATION    

Any litigation will be governed by, and interpreted in accordance with the substantive laws of Geneva, Switzerland exclusive of any rules with respect to conflicts of laws.

All disputes arising out of or in connection with the use of FFT's website shall be solely and finally settled by arbitration in Geneva, Switzerland, in accordance with the Arbitration Rules of the Chamber of Commerce and Industry of Geneva. The arbitration shall be conducted in English.

FORCE MAJEURE    

FFT is not liable for any delay or failure to perform any obligation under this agreement insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control (including but not limited to, failure of computer equipment and internet electronic delivery systems, on-line payment systems, failure of performance by a third party providing such services, earthquake, fire, flood, labour disputes, riots, government or relevant regulatory requirements, etc.).

DISCLAIMER    

Whilst Food for Thought (FFT) has taken every possible care in the compilation, preparation and presentation of the information published in this report, no liability whatsoever can be accepted for the contents or their accuracy.
The materials on this site could include technical inaccuracies or typographical errors and are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. FFT disclaims all warranties of merchantability and fitness for a particular purpose. FFT does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the site, or the servers that makes them available, are free of viruses or other harmful components. FFT does not warrant or make any representations regarding the use of or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. FFT makes no commitment to update the materials on this site. You (and not FFT) assume the entire cost of any and all necessary servicing, repair or correction.

COPYRIGHT POLICY    

Upon any purchase or subscription to data and information on FFT's website, you may only use, have or give access to it to the individual or corporate client stated at the time of purchase.

In particular, the website is NOT to be made available on other publicly accessible services (internet or otherwise), such as national or local government institutions, public libraries, universities, trade associations, and other like bodies, without the express written consent of FFT.

All the materials, graphics, sounds and other components on this site are copyrighted unless otherwise noted. Any unauthorized use of materials on this site may violate copyright, trademark and other laws and intellectual property rights of FFT.

No part of this site or its contents, including the underlying software, may be made available, copied, reproduced, retransmitted, disseminated, sold, distributed, published or otherwise circulated in any form or by any means, electronic or mechanical, including photocopying, internet or any other information storage or retrieval system, without the prior written permission of Food for Thought.

You may not delete or change any copyright, trademark, or other proprietary notices contained on the FFT documents purchased or used.

SECURITY    

FFT clearly has a very important vested interest in protecting its own on-line worldwide Food & Drink Markets Database from piracy and theft, and has therefore gone to unusual lengths to protect its site.

The present FFT website has been designed to offer maximum privacy and security to users, in particular concerning client and user information.

Measures adopted include:

Firstly, the usual array of firewalls and other standard protective measures.

Secondly, for the technologically minded:

- The website is powered by PHP/Mysql technologies.

- All payment transactions are secured by 128 bit SSL (https://) encryption in the browser and 2048 bit Thawte encryption on the server side.

Thirdly, other sophisticated internally-developed techniques have also been integrated into the overall website set-up that are of necessity confidential.

PRIVACY POLICY    

FFT's pioneering on-line MIS (Management Information System) aims to build up a large body of annual subscribers, who renew their subscription year after year. Accordingly, FFT is particularly anxious to preserve the respect and privacy of its clients, and to make as sure as possible that any personally identifying information provided to us remains private.

Accordingly, we do not collect personally identifying information from users unless they provide it to us voluntarily and knowingly. We have gone to unusual lengths technically to protect both users and ourselves from unauthorized access (see "Security" above).

On accepting orders from you, we will be obliged to register your address, company, telephone, fax number and E-Mail particulars, and possibly other personal information, as well as to process your credit card payment (on secured servers), if only to provide you with the data and information you have requested on-line or otherwise. Although you are under no obligation to provide us with this information, we cannot deliver your order to you without it. When you provide any such information to us, you confirm that you are knowingly and voluntarily providing it to us.

We will not knowingly use or share the personally identifiable information provided to us via this site to parties outside of FFT, or in ways unrelated to the conduct of FFT's research and consultancy services (except that we may be obliged or otherwise persuaded to release information when this is appropriate to comply with the law).

We do assemble certain usage information on our site for internal use, such as the number and frequency of visitors, their geographical distribution, and the size and kinds of order they make, in order to improve our future services. This data is used only in the aggregate and does not include any personally identifying information.

We maintain a Personal User File for each of our clients, that you can access on-line at all times (with your own user name and password). You can contact us at any time to request us to correct, modify or erase any of the information therein. You can also at all times demand that we erase your entire personal user file.

In the event that Food for Thought (FFT) or substantially all of its assets were sold or otherwise transferred or acquired, various forms of information may be included among the transferred assets.