General Terms of Use
1. Legal Information
Dirección Web: www.vilmorinmikado.us.com
Nombre de la sociedad: Vilmorin-Mikado S.A.S.
Mailing Address of the Headquarters:
Route du Manoir
49250 LA MENITRE
France
Phone number: +33 (0)2 41 79 41 79
Company Registration number (SIREN): 562 050 864
Website’s Publisher: Vilmorin-Mikado
Publication Director: Pierre-Antoine Rigaud
Managing Editor: OUNFANA Sylvain
Website Hosting Company: Société Passerelle. 100 boulevard Sébastopol, 75003 Paris - France
Any notification made under Article 6.I-5 (last indent) of the law #2004-575 dated June 21st, 2004 must be sent by registered letter with acknowledgement of receipt to the above-indicated Website Hosting Company.
2. Scope of the General Terms of Use
Accessing, viewing and using this Website shall be subject to the present General Terms of Use (hereinafter “GTU”) and to the compliance with all applicable laws and regulations.
The purpose of this Website, with free and open access, is to inform the Website User (hereinafter the “User”) about the products marketed by Vilmorin-Mikado and its Affiliates. For the purpose of this document, an “Affiliate” is understood as any existing or future legal entity that is directly or indirectly controlling, controlled by or under the common control of Vilmorin-Mikado. “Control” shall mean the ownership, directly or indirectly, of more than fifty percent of the share of capital or of the voting stocks.
Accessing and browsing the Website implies the unconditional acceptance of the present GTU and the acknowledgment of their prevalence over any other agreement binding the User to Vilmorin-Mikado with regards to the Website.
Should the User not be willing to abide by the present provisions, then said User shall not use the Website.
Accessing and browsing the Website implies the unconditional acceptance of the present GTU and the acknowledgment of their prevalence over any other agreement binding the User to Vilmorin-Mikado with regards to the Website.
Should the User not be willing to abide by the present provisions, then said User shall not use the Website.
Vilmorin-Mikado reserves the right, at any time and without any prior notice, to update or to amend its GTU.
Should the User not agree with such modifications, then said User shall no longer use the Website.
3. Website Content
The Website has been created for the purpose of providing information about products and services to clients and, more generally, information about Vilmorin-Mikado and its Affiliates, including:
- Agronomic Information
- Technical Information
- Commercial Information
4. Access to Restricted Services
Access to the Website is free and open, but some sections of the Website (e.g. “Newsletter,” “Wishlist,” “Library”) require the User to first provide some information, such as:
- The Name of the Company,
- The Name and Surname of the legal representative of the Company,
- The Address of the Company,
- The Business Activity of the Company,
The Company’s E-mail address (in the present GTU, all of this information will hereinafter be referred to as “Mandatory Information”).
4.1 – The Newsletter
The User will have the option of subscribing to the “Vilmorin-Mikado Newsletter” in order to receive updated information about the products and the promotional offers of Vilmorin-Mikado and/or its Affiliates and/or Partners.
The subscription to the Newsletter is entirely free-of-charge.
The sending frequency of the Newsletter is random and shall depend on Vilmorin-Mikado’s current news.
The subscription to the Newsletter is entirely free-of-charge.
The sending frequency of the Newsletter is random and shall depend on Vilmorin-Mikado’s current news.
To subscribe to the Newsletter, the User shall simply fill out the Mandatory Information.
According to the French Data Protection Law #78-17, dated January 6th, 1978, amended, each subscriber to the Newsletter shall have the option of unsubscribing or modifying the Mandatory Information previously provided.
To do so, the Users shall click on the unsubscribe link available in any newsletter.
According to the French Data Protection Law #78-17, dated January 6th, 1978, amended, each subscriber to the Newsletter shall have the option of unsubscribing or modifying the Mandatory Information previously provided.
To do so, the Users shall click on the unsubscribe link available in any newsletter.
4.2- Wishlist
In no case is www.vilmorinmikado.us.com an online store Website.
However, the User may receive an offer suited to its needs via the “Wishlist” tab, after filling out the Mandatory Information.
This service is entirely free-of-charge and involves no obligation to purchase.
However, the User may receive an offer suited to its needs via the “Wishlist” tab, after filling out the Mandatory Information.
This service is entirely free-of-charge and involves no obligation to purchase.
4.3- Library
Vilmorin-Mikado makes practical documentation related to agricultural activity available to Users.
To download such documentation, the User shall fill out the Mandatory Information.
To download such documentation, the User shall fill out the Mandatory Information.
This service is entirely free-of-charge.
For each of the above-mentioned Services, it is the sole responsibility of the User:
(i) To provide Vilmorin-Mikado with up-to-date and non-erroneous information,
(ii) To update the provided information in case of any changes.
(ii) To update the provided information in case of any changes.
5. Intellectual Property
The Website and all of its elements, including, without limitation, the texts, names, trademarks, taglines, logos, photographs, pictures (animated or not), videos, graphics, icons, designs, music and HTML codes (the “Content”) are, unless otherwise specified, the property of Vilmorin-Mikado or of a third party having granted to Vilmorin-Mikado the right to use and/or to exploit it.
The Content is protected by French and European laws and regulations applicable to copyrights, as well as by any other laws, rules and regulations applicable to intellectual property.
The Content is protected by French and European laws and regulations applicable to copyrights, as well as by any other laws, rules and regulations applicable to intellectual property.
The User has the option of downloading, printing, storing and copying some portions of the Content, under the condition that he or she fully complies with the following provisions:
(i) Use of the data for strictly personal use or for use within the context of its business relationships with Vilmorin-Mikado, at the exclusion of any commercial use;
(ii) Using, publishing or sending any portion of the Content on/to other Internet websites or any other media open to the public is prohibited;
(iii) Modifying, altering, adapting the Content or creating derivated works from the Content, deleting or modifying copyrights, trademarks or confidentiality provisions is prohibited.
(ii) Using, publishing or sending any portion of the Content on/to other Internet websites or any other media open to the public is prohibited;
(iii) Modifying, altering, adapting the Content or creating derivated works from the Content, deleting or modifying copyrights, trademarks or confidentiality provisions is prohibited.
With the exception of the above provisions, the User shall have no right to copy, download, print, publish, delete, distribute, store, reproduce, convey, sell, resell, adapt in whole or in part any of the Content without Vilmorin-Mikado’s prior written consent.
With the exception of the above-described provisions, no right, title or interest in the Website Content shall be transferred to the User and none of the provisions of the present GTU shall be interpreted as granting to the User any license or any right whatsoever related to copyrights, trademarks, patents or any other intellectual property right owned by Vilmorin-Mikado or by any other third party.
Furthermore and according to the provisions of article L341-1 of the French Intellectual Property Code, Vilmorin-Mikado produces and owns the databases, whether in whole or in part, included in the Website.
All trademarks, products and services names and logos (the “Trademarks”) contained on the Website are the sole property of Vilmorin-Mikado or of their respective owners. Unless expressly mentioned in the GTU, the User shall not quote, use, reproduce or make any use whatsoever of the Trademarks without Vilmorin-Mikado’s prior written agreement.
6. Personal Data
Vilmorin-Mikado processes any personal data provided by the User in accordance with the provisions contained in the French Data Protection Law #78-17, dated January 6th, 1978, amended, and with its implemented decrees.
Any information provided by the User shall be used or exploited by Vilmorin-Mikado only, according to strict confidentiality. This information will be used only for the purposes for which the Users have provided it. Said information will not be disclosed or resold to any third party.
All or some services of the Website may be subject, in particular for safety reasons, to the mandatory transmission of some personal data. If the User decides not to provide such personal data, some services, in whole or in part, may not be available.
According to the above-mentioned law, the Users have the right to access, modify, correct and delete their personal data, by sending an e-mail to dpo-vmk@vilmorinmikado.com or by mail at the following address:
Vilmorin-Mikado
Service Communication
Route du Manoir
49250 LA MENITRE - FRANCE
Service Communication
Route du Manoir
49250 LA MENITRE - FRANCE
7. Processing personal data
The Website www.vilmorinmikado.us.com is the subject of a declaration filed with the French Commission Nationale de l’Informatique et des Libertés (CNIL) under the number 2038252.
8. Accuracy of the information published on the Website
Vilmorin-Mikado shall endeavor to publish on the Website, in good faith but with no guarantee of result, information that is accurate, complete and up-to-date. The User is also informed and acknowledges that some information and documents available on the Website are obtained from third parties, whose sources are, generally and whenever possible, identified. However, such information is provided for convenience only.
9. Contents of third-party websites and hypertext links from or pointing to the Website
The Website may contain links to other Internet websites or include, in particular, websites owned by third parties (hereinafter the “Third-Party Content”). This Third-Party Content is conveyed to Users for convenience only and does not constitute any form of approval, validation, promotion or guarantee granted by Vilmorin-Mikado in connection with said Third-Party Content, nor a partnership or any kind of association between Vilmorin-Mikado and the Third-Party Content operators or owners.
Vilmorin-Mikado has no control over this Third-Party Content and does not control the content, access, sources or links included on said Third-Party Content. Therefore, Vilmorin-Mikado formally declines any responsibility regarding to the content and use of the Third-Party Content.
Vilmorin-Mikado also strictly forbids the implementation of any hypertext link pointing to the Website, without Vilmorin-Mikado’s prior written consent.
10. Cookies
When visiting and browsing the Website, some browser “cookies” may be installed in the User’s browser. A cookie cannot be used to identify the Users; however, it records information related to their Website browsing (pages browsed, date and time of browsing, etc.)
Users can enable/disable or delete the cookies by changing their browser settings (for any further information, please refer to the website of your browser provider). By using the Website, Users accept the installation of these cookies in their browser.
Users can enable/disable or delete the cookies by changing their browser settings (for any further information, please refer to the website of your browser provider). By using the Website, Users accept the installation of these cookies in their browser.
The Website also enables social media sharing buttons, allowing the User to share some postings on social media such as Facebook, Twitter, LinkedIn and YouTube. In order for this social media sharing to work, external scripts are used. The User is warned that these websites may collect information about browsing habits, even without clicking on one of the social sharing buttons of the Website.
11. Website modifications
Vilmorin-Mikado reserves the right, at any time, to modify the Website content and functionality in any way whatsoever, to limit access to the Website and to temporarily or permanently interrupt it, for any reason and without any prior notice. In no case shall Vilmorin-Mikado be held liable for any related consequences such modifications or interruptions may have.
However, in the event of scheduled maintenance of the Website or of a scheduled temporary interruption in whole or in part of said Website (in particular, the daily quotations status service), Vilmorin-Mikado will provide reasonable advance notice to Users, either by e-mail or by an announcement on the Website.
12. Warranty Disclaimer
The information contained in the Website shall in no case be considered as legally-binding and/or as official. The User acknowledges and accepts that, to the extent permitted by law, the Website is provided “as is,” without warranties of any kind, whether express or implied. Therefore, Users assume all risks related to or arising out of their using, browsing or accessing the Website. Vilmorin-Mikado does not guarantee that the Website and its Content are error-free or virus-free, meet a particular need, do not violate any laws or regulations in force or are not defamatory or shocking.
13. Liability
Vilmorin-Mikado, its Affiliates, its employees, its representatives and its agents, shall not be held liable:
(i) For any damages resulting from fraudulent intrusion of a third party leading to a modification of the information posted on the Website;
(ii) And more generally, for any damages, direct or indirect, tangible or intangible (including but not limited to loss of data, loss of image, profit losses, missed opportunities, loss of revenue, loss of customers and more generally any commercial prejudice), whatever the causes, origins, natures or consequences, subsequent to accessing the Website or to difficulties or inability to access the Website or related to the use of the Website and/or to the credit given to any information coming directly or indirectly from this Website.
(ii) And more generally, for any damages, direct or indirect, tangible or intangible (including but not limited to loss of data, loss of image, profit losses, missed opportunities, loss of revenue, loss of customers and more generally any commercial prejudice), whatever the causes, origins, natures or consequences, subsequent to accessing the Website or to difficulties or inability to access the Website or related to the use of the Website and/or to the credit given to any information coming directly or indirectly from this Website.
However, in case of detection of a third-party intrusion in the computer system linked to the Website that would impact the protection of the Users’ data, Vilmorin-Mikado will notify the relevant Users and will take the necessary measures to secure the access to their Users’ accounts.
14. Applicable Law – Entire Agreement
The present General Terms of Use constitute the entire agreement between Vilmorin-Mikado and the User regarding this latter’s access to and use of the Website.
Any failure or delay by one of the Parties in implementing the present GTU shall in no case be considered as an exemption regarding the application of such terms.
The present GTU and the relationship between the User and Vilmorin-Mikado shall be governed by French law. Failing to reach an amicable settlement, any dispute shall be brought before the competent jurisdictions of Angers, France.
Any failure or delay by one of the Parties in implementing the present GTU shall in no case be considered as an exemption regarding the application of such terms.
The present GTU and the relationship between the User and Vilmorin-Mikado shall be governed by French law. Failing to reach an amicable settlement, any dispute shall be brought before the competent jurisdictions of Angers, France.