These General Terms of Sale (“GTS”) and General Terms of Use (“GTU”) pertaining to services available on the websites www.Indiciades.fr, www.Indiciades.net, www.Indiciades.org, www.Indiciades.com, www.Indiciades.eu (hereinafter “the Indiciades websites”) govern the relationship between:

The Institut de l’Agriculture Durable S.A.S (Institute for Sustainable Agriculture, hereinafter “IAD”)

and its online customers (hereinafter “the subscriber” and/or the “sub-administrator”).

 

1. Purpose

The services provided by IAD from the Indiciades websites are governed by the present GTS and GTU.

The purpose of the GTS is to define the legal, technical and financial conditions in which IAD grants a personal, non-exclusive and non-transferable right of access to the Indiciades websites in favour of the subscriber.

The GTU specify the terms that apply to processing of the information entered by the subscriber in the Indiciades database, as well as the use of the online services on the Indiciades websites.

 

2.  Legal information

IAD SAS, registered with the Paris Trade Register under number G75537781505, whose head office is located 38 rue des Mathurins – 75008 Paris, offers services that are accessible electronically (online) and a database generated by the same services, and by means of subscriptions by subscribers to the Indiciades websites.

SIRET (Company Registration): 511 955 759 00010

Community VAT number: FR 38 511 955 759

NAF Business Code: 7490B - Specialised activities, miscellaneous scientific and technical activities

The Indiciades websites (.fr, .net, .org, .com, .eu and .es) are exclusively owned by the Institute for Sustainable Agriculture (Institut de l’Agriculture Durable SAS (IAD).

 

3.  Presentation of the Indiciades websites and of the services provided

The purpose of the Indiciades websites is to provide:

-       A set of indicators to measure the economic, social and environmental results linked to management of the subscriber’s farm. These indicators make it possible to assess sustainability at the level of the farm.

-       Documents to present the calculation of specific results indicators.

-       Means of comparison of sustainability with averages calculated based on information available in the Indiciades database.

-       Resources for statistical analysis at the level of a specific group of users.

-       Constant information on evolution of the Indiciades websites and services, by means of an electronic letter.

-       A forum for online dialogue and information exchange.

Access to these services depends on entry by the subscriber of raw data available at the level of his farm.

Managing editor: Eric SCHMIDT, Indiciades project manager

Host: OVH France, SAS

 

4.   Definitions

“Subscriber” refers to a natural person or legal entity in charge of a farming business, who has subscribed to the individual services of the Indiciades websites and who has previously accepted these General Terms of Use and General Terms of Sale.

“Sub-administrator” refers to a legal entity who is duly appointed as the head of a “Group” which has subscribed to the collective services of the Indiciades websites and which has accepted these General Terms of Use and General Terms of Sale before subscription. The “sub-administrator” cannot under any circumstances be a natural person.

A “Group” refers to any legal entity whose members are farmers who have freely agreed to participate in the said “Group”.

 

5.   Access to Indiciades websites and services provided

IAD services and access to Indiciades services are accessible only after acceptance of the GTS and GTU by the subscriber and after payment for services. IAD provides the subscriber with the necessary code(s) for access to the Indiciades websites, with one or several confidential passwords. The access code is provided to one subscriber only. The subscriber is responsible for confidentiality of the access code provided by IAD and shall use his best endeavours to ensure integrity and confidentiality of the information provided. IAD cannot be held responsible in the event of failure on the part of the subscriber to comply with these obligations.

IAD reserves the right, at any time and without prior notice, to make any changes deemed to be necessary to improve the information and services provided.

 

6.   Acceptance of the General Terms of Sale and General Terms of Use

Before any transaction, the subscriber acknowledges that he has taken cognizance of the general terms and explicitly declares that he accepts them by clicking on “I accept”. The client therefore acknowledges that he has taken cognizance of these General Terms of Use and General Terms of Sale and explicitly declares unreserved acceptance thereof. Validation of registration confirms full and unreserved acceptance of the special terms of sale.

In compliance with the European Directive of 20 May 1997 on the protection of consumers in respect of distance contracts, IAD has an information obligation to the subscriber. By virtue of this obligation, the GTU and GTS are constantly available on the Indiciades websites and are sent by e-mail to the subscriber when the subscription is finalised.

IAD reserves the right to present to the subscriber, without prior notice, any amendments to the present general terms of sale.

 

7.   Price - Invoicing - Payment

The subscription price indicated on the Indiciades websites is expressed in Euros and excluding VAT. Applicable duties and taxes, as of the invoice date, will be added. The subscription price is final for the term of the contract. No request for a refund, whether full or partial, will be accepted.

Payment by the subscriber is made exclusively by bank card online.

Bank account information:

CIC Paris Sud Entreprises

Bank account: 30066-10912-00020081301-08-EUR

IBAN: FR7630066109120002008130108

The price for services provided by IAD may vary based on different parameters (functions chosen, type of access, subscriber needs, etc…).

Any other services which are not explicitly set forth in the framework of the subscription will be the subject of a quote presented to the subscriber for approval.


8.   Effective date and contract term

This subscription contract takes effect on the date of subscription and acceptance of these General Terms of Sale, for a period of twelve (12) months as from the date on which IAD sends an e-mail to the subscriber, informing the subscriber of his right of access to the Indiciades websites. The General Terms of Sale and General Terms of Use, already accepted by the subscriber, will be attached to the e-mail.

 

9.   Non-renewal of the contract

In the event of non-renewal on the anniversary date of the subscription, the data entered by the subscriber will be kept for one full year. At the end of that period, the data will be destroyed.

 

10. Early termination

IAD is entitled to automatically terminate the service provision subscription in the event of force majeure duly notified by any competent authority.

IAD may also unilaterally terminate the service provision subscription, without any possible compensation, in the event of blatant failure to comply with the provisions of this contract.

 

11.  Information and technical security

All the data other than administrative data entered by the subscriber on the Indiciades websites are strictly personal. An algorithm allows anonymous storage of the data collected by separating administrative and personal data from other information. The data that can be identified by the Indiciades administrator are linked to a French département, a region and, as the case may be, one or several groups.

Only the subscriber may have complete identified access to the data. This access is protected by an individual login and password.

 

12.  Website and user responsibility

IAD is entirely responsible for data protection.

The subscriber is solely responsible for the data entered on the Indiciades websites. The subscriber must be the owner of the said data. Any misuse of information which is not legally held by the subscriber will result in immediate exclusion from the Indiciades sites and final deletion of such data.

In that case, IAD reserves the right to institute any proceedings deemed to be necessary.

 

13.  Use by the subscriber and communication

The subscriber has access to the calculated result of the economic, social and environmental indicators on sustainability of his farm, after having entered his data over a given period (information he specifies himself).

The subscriber alone, under his sole responsibility, determines the content of the information entered into the Indiciades sites, as well as the compliance of such information with its intended use.
IAD disclaims any liability linked to the consequences of any use of the information due to inaccuracy or incompleteness.

The subscriber owns the data included in the platform as well as the results of the indicators concerning him. After the end of a financial year, the Indiciades sites allow the subscriber to make comparisons depending on a certain number of geographical or agronomical management criteria.

When the subscriber registers, he states that he is a member of one or several groups. If a group takes out a sub-administrator contract, the subscriber is informed by e-mail as well as on the Indiciades websites that he is invited to share the results of his indicators with the said group. However, only environmental and social data are shared anonymously. Economic data are not shared and remain his exclusive property.

If the subscriber refuses to share such information, he can indicate his refusal by using the link provided for that purpose in the invitation e-mail (“opt-out”) or by not declaring membership of the group concerned (“opt-in”).

The subscriber may indicate, at personal level, the data included in the Indiciades database as well as the results derived from the calculation of indicators to any natural person or legal entity of his choice, under his sole and full responsibility.

The subscriber may indicate the source of his calculations and results by mentioning the Indiciades websites. He may not, however, under any circumstances use the name or claim the support of IAD without the explicit approval of IAD. IAD cannot under any circumstances be held liable for incorrect results caused by incorrect data entry by the subscriber.

 

14.  Use by the sub-administrator and communication

The sub-administrator may indicate average results data calculated based on members of his Group to any natural person or legal entity of his choice. To do this, he must first have informed the said members.

On the other hand, the sub-administrator may not under any circumstances mention his members by name, or any other group which has not explicitly appointed him.

The sub-administrator may quote the source of his calculations and results by mentioning the Indiciades sites. He may not, however, under any circumstances use the name or claim the support of IAD without the explicit approval of IAD. IAD cannot under any circumstances be held liable for incorrect results caused by incorrect data entry by the subscriber.

 

15.  Electronic letter

The subscriber may at any time unsubscribe from the electronic letter mailing list, in compliance with the simple and visible terms available in the content of each electronic letter. In that case, he unilaterally terminates the proactive information obligation falling to IAD. The information needed to use the Indiciades sites as well as the GTU and GTS will however remain accessible on the websites at all times.

 

16.  The Forum

The Forum is a place of dialogue and information exchange among Indiciades website subscribers. It is organised thematically and is moderated by IAD.

Only Indiciades website subscribers may have access to the Forum, individually and personally (no anonymous access).

The Forum is moderated subsequently by means of reporting of disputed content to the Indiciades website administrator. In that case, IAD - and the managing editor - are required to exercise due diligence to rule on the said content and delete it if necessary. IAD and the managing editor will be the sole judges of such deletion.

The Forum is governed by specific regulations which are displayed on the home page of the Forum.

 

17.  Illegal content

To report clearly illegal content, one need only send an e-mail to organisation@iad-agri.com, specifying:

-       The address of the website or of the page where web users have access to the content;

-       The content considered to be illegal;

-       The date on which the content considered to be illegal has been discovered;

-       Your identity (full name and contact information).

IAD recalls that according to the LCEN law, any wrongful report can be punished by a prison term of one year and by a fine of € 15,000.

 


18.  Discontinuation of service

IAD may be required to discontinue all or part of the service, in particular for maintenance reasons. In that case, IAD shall use its best endeavours to warn the subscriber ahead of time and to inform the subscriber when service will be restored. IAD undertakes to reduce the discontinued service period to the shortest possible time frame. Consequently, IAD cannot be held liable in the event of discontinued service irrespective of the duration thereof.

 

19.  Force majeure

The commitments of IAD will be suspended in all cases where failure to perform an obligation is caused by a case of force majeure suffered directly or indirectly by IAD and/or its subcontractors and/or any other third party involved in provision of services.

 

20.  Intellectual property

IAD is the editor of the software suite and of the databases generated, entirely or partially, on the Indiciades sites, as understood by article L. 341-1 of the French Intellectual Property Code.

Consequently, the subscriber shall not, without prior authorisation, transfer all or part of any rights held with respect to the content of the database, or grant a licence to third parties.

 

21.  Personal data

As specified in article 11, personal subscriber data are stored as follows:

-      Administrative and identification data: stored nominatively and securely, separate from other information

-      Data linked to farm management: stored anonymously (with identification of French departments and of regions), that can be shared with a group after prior approval has been granted.

-      Financial data: stored anonymously, cannot be shared with a group.

 

22.  French Data Privacy Law

In compliance with the provisions of Law 2004-801 of 6 August 2004 amending Law 78-17 of 6 January 1978 known as the Data Privacy Law, on information technology, files and freedoms, the information requested from the subscriber is necessary for processing and calculation of the services offered by IAD. In compliance with the provisions of articles 39, 40, 41 and 42 of Law 78-17 of 6 January 1978 as amended, the subscriber may at any time exercise his right of access, correction and opposition.

 

23.  Relationship with the subscriber

For any information, question or claim, the subscriber can contact IAD by sending an e-mail to organisation@iad-agri.com

 

24.  Applicable law

These terms are governed by French law. Should there be any dispute pertaining to construction or performance of one of the provisions thereof, if no amicable agreement can be reached between the parties, the Paris commercial court shall have sole jurisdiction.