General Terms and Conditions of Use (GTCU) of the “www.vilmorinmikado.com” Website

1. Legal information

Website: www.vilmorinmikado.com
Company name: Vilmorin-Mikado S.A.S.
Postal address of registered office:
Route du Manoir
49250 LA MENITRE
France
Telephone no.: +33 (0)2.41.79.41.79
Registration no.: 562 050 864
Share capital: 12 031 907€
Webmaster: Vilmorin-Mikado
Director of publication: M. Philippe Blateyron
Managing editor: M. Sylvain Ounfana
Website host: Société Passerelle. 100 boulevard Sébastopol, 75003 Paris

Any notification in application of article 6.I-5 (last indent) of the Law of 21 June 2004 (Law no. 2004-575) must be sent by registered mail with acknowledgement of receipt to the Website host at the above address.

2. General provisions

Persons accessing, consulting or using this website are subject to these general terms and conditions of use (hereafter “GTCU”) and the requirement to respect all applicable laws.

The purpose of this Website, which can be freely accessed, is to inform the User of the Website (hereinafter “User”) of the products sold by Vilmorin-Mikado and its Affiliates. The term ‘Affiliates’ refers to any present or future company or structure which directly or indirectly controls, is controlled by, or is jointly controlled with, Vilmorin-Mikado. ‘Control’ means 50% or more of the equity or the majority of voting rights.

Accessing and navigating the Website implies unconditional acceptance of the GTCU and recognition that these take precedence over all other agreements linking the User to Vilmorin-Mikado in respect of the Website.

If Users do not wish to be bound by these provisions, they must not use the Website.

Vilmorin-Mikado reserves the right to update or modify its GTCU at any time and without notice. If Users do not accept these modifications, they should no longer use the Website.

3. Website content

The Website was created to provide information about products and services to customers, and more generally information about Vilmorin-Mikado and its affiliates, in particular:

• Agricultural information,
• Technical information,
• Business information.

4. Access to restricted services

Access to the Website is free and open, but parts of it require Users to provide certain information in advance. This information comprises:

• The name of the Company,
• The surname and first name of the person legally responsible for the Company,
• The geographical area of the Company or the person concerned,
• The business of the Company concerned,
• Email address. (In these General Terms and Conditions of Use, this information will hereinafter be collectively termed “Obligatory Information".)

5. Intellectual property

The Website and all its component parts, including, without limitation, texts, names, brands, slogans, logos, photographs, animated or non-animated images, videos, graphical elements, icons, drawings, sounds and HTML codes (the “Content") are, unless otherwise specifically indicated, the property of Vilmorin-Mikado or of third parties who have authorized Vilmorin-Mikado to use and/or apply them. The Content is protected by French and international laws on copyright and by all other rules, regulations and laws applicable to intellectual property.

Users may record, print, retain and copy certain extracts from the Content, subject to their taking care to respect the following provisions:
I - data is to be used for purely personal and non-commercial purposes, or used as part of a business relationship with Vilmorin-Mikado;
II - extracts from the content must not be used on, published on or sent to other Websites or any other media open to the public;
III - the Content must not be modified, altered or adapted, nor derivative forms of the Content created; copyright, brand indications or confidentiality notices must not be removed or modified.

Other than the cases indicated above, the User has no right to copy, download, print, publish, remove, distribute, save, reproduce, transmit, sell, resell or adapt all or any part of the Content without the prior written consent of Vilmorin-Mikado. No right, title or interest in respect of the Content of the Website is transferred to the User with the exception of the cases described above and no provision of the GTCU may be interpreted as granting any license or any right relating to copyright, brand, patent or other intellectual property right belonging to Vilmorin-Mikado or any other third party.

In addition and in compliance with the provisions of article L341-1 of the Intellectual Property Code, Vilmorin-Mikado is the producer and owner of all or part of the databases comprising the Website.

All the brand names, products, services and logos (the “Brands”) presented on the Website are the exclusive property of Vilmorin-Mikado or of their respective owners. Unless otherwise mentioned in the GTCU, the User may not quote, use, reproduce or make any use whatever of the brands without the prior written consent of Vilmorin-Mikado.

6. Personal data

All the provisions in respect of the processing of personal data are available on the next page: Management of personal data.

7. Reliability of the information on the Website

Vilmorin-Mikado will make every effort in good faith but without any guarantee that the information on the website is complete, correct and updated; this obligation being only an obligation of due care. Moreover, the User is made aware of and recognizes the fact that certain information and documents available on the Website are provided by third parties, whose sources are in general and as far as possible identified. However, such information is provided as a guide.

8. Third-party Content and hypertext links from or to the Website

The Website may contain links to other websites belonging to third parties or in particular include websites belonging to third parties (hereinafter “Third-Party Content"). This Third-Party Content is transmitted to Users purely as a guide and in no way constitutes approval, validation, promotion or a guarantee by Vilmorin-Mikado in respect of the content of this Third-Party Content, nor a partnership or association between Vilmorin-Mikado and the operators or owners of the said Third-Party Content. Vilmorin-Mikado does not manage this Third-Party Content and does not control the content, access, sources or links present on this Third-Party Content. Vilmorin-Mikado therefore declines all responsibility in respect of the content and use of Third-Party Content.

Moreover, Vilmorin-Mikado strictly prohibits the placing of hyperlinks towards its Website without its prior written consent.

9. Cookies

While Users are visiting the Website, navigation “cookies” may be placed on their web browser. A cookie does not enable Users to be identified; however, it records information regarding their navigation on the Website (pages visited, date and time of visit, etc.). Users are able to activate/deactivate or eliminate cookies by configuring their browser (refer to your web browser’s website for further information). By using the Website, Users accept that cookies will be placed on their browser.

10. Modification of the Website

Vilmorin-Mikado reserves the right to modify in any way and at any time the content and functionality of the Website, to limit access to it, or to temporarily or permanently interrupt access to it, for any reason and without prior notice. Vilmorin-Mikado cannot be held liable for possible consequences associated with these changes or shutdown.

Nevertheless, in the case of a period of planned maintenance of the Website or temporary planned interruption of the whole or part of the Website (particularly the daily pricing service), Vilmorin-Mikado will inform Users of this by email or by means of an announcement on the Website with a reasonable period of notice.

11. Disclaimer of warranty

The information contained in the Website shall under no circumstances have contractual and/or official value. The User recognizes and accepts that within the conditions authorized by law, the Website is provided without guarantee of any sort, either express or implied. Consequently, Users accept all the risks relating to or resulting from use or consultation of and access to the Website.

Vilmorin-Mikado does not guarantee that the Website or its content are free of error or viruses, that they meet a particular need, that they do not contravene any current regulation, or that they are not defamatory or shocking.

12. Liability

Vilmorin-Mikado, its affiliates, its employees, its representatives and suppliers cannot be held responsible for the following:

I - damage resulting from fraudulent intrusion by a third party who has undertaken to modify the information provided on the Website;
II - and more generally for the four direct or indirect damage, material or immaterial damage (in particular, but not limited to, loss of data, image, loss of profit, of opportunity, of revenue, of customers, all commercial detriment), whatever the causes, origin, nature or consequences, provoked by accessing the website or by its being difficult or impossible to access it, or associated with the use of the Website and/or credence placed in any information derived directly or indirectly from the Website.

However, in the event that intrusion by a third party into the IT system associated with the Website is detected and this has affected the security of Users’ data, Vilmorin-Mikado will warn the Users who are affected and will take the necessary measures to secure the access to their accounts.

13. Applicable law – entirety of the agreement

The present conditions of use constitute the entirety of the agreement between the User and Vilmorin-Mikado as regards their access to and use of the Website.
Failure to apply the present conditions or delay in applying these conditions by one of the parties would not be considered an exemption regarding such terms.
The present General Terms and Conditions of Use and the relationship between the User and Vilmorin-Mikado are subject to French law. In the absence of amicable agreement, any dispute shall be referred to the competent courts of the jurisdiction of Angers, France.