Conditions of use for Fresh Produce Centre portal

These Conditions of Use set out the terms under which (members of) the Members can use the Portal of Fresh Produce Centre. We recommend that Members read these Conditions of Use in order to be informed of their rights and obligations when using the Portal of Fresh Produce Centre. 

Article 1 - Definitions

Article 2 - Applicability

2.1     These Conditions of Use apply to any use of the Portal by a Member, via the User. Fresh Produce Centre will make every effort to arrange the access to the Portal with due care.

2.2     If any provision from these Conditions of Use would appear to be void or voidable, or is or would become completely or partially invalid, the remaining provisions of the Conditions of Use remain in force undiminished. Fresh Produce Centre will replace the invalid clause by a clause that is legitimate, of which the legal consequences will be as much as possible in line with those of the invalid clause, given the content and purport of the Conditions of Use.  

Article 3 - Registration of User Account

3.1     User accounts are solely issued by Fresh Produce Centre. This is done by approving User account applications and/or the initial provision of a User Account to companies in the food horticulture sector. Only Members are eligible for a User Account.

3.2     A User Account grants safe and personal access to the Portal. It is therefore not permitted to make login data for authentication and access to the Portal available to other persons or to third parties. Nor is it permitted to circumvent or remove technical safeguards, or to enable others to do the same.

3.3     The member declares that the User accessing the Portal is entitled to do so and the Member is responsible and liable for all use made by that Member of the Portal.

3.4     It is not permitted to use the Portal for actions contravening prevailing laws and regulations. This also includes the creation of User accounts under someone else’s name, representing oneself as another or as the Portal’s administrator.

3.5     The access to the Portal is only intended for personal consultation and for access using ordinary browsers. It is therefore not permitted to visit the website or to arrange for it to be accessed in an automated manner, for example through scripts, spiders and/or bots.

3.6     The Member explicitly undertakes not to disturb the optimal operation and safeguarding of the Portal, for example, by using viruses or other harmful files or data, or by gaining unauthorised access to files or data to which he has no authorised access.

3.5     The Member is not permitted to use the information in the Portal for commercial or other purposes outside personal use, without the consent of Fresh Produce Centre.

3.6     In the context of the User Account, the Member will be given a user name and password. The Member is personally responsible for keeping the user name and password combination secret. The Member is therefore personally liable for any use made of the Portal via the user name and password.

3.7     Fresh Produce Centre can rely on it that the User who logs in will be effectively authorised to access the Portal on behalf of the Member to whom the combination of user name and password belong. As soon as the Member knows or has reason to assume that his password and/or user name have come into the possession of unauthorised people, the Member must inform Fresh Produce Centre of it immediately, without prejudice to the Member’s personal obligation to take effective measures without delay, for example by changing his password.

3.8     If a User is no longer in the Member’s service or is fulfilling a different role in the Member’s organisation and no longer requires access to the Portal, the Member must inform Fresh Produce Centre of it immediately.

3.9     If Fresh Produce Centre establishes that the terms in these Conditions of Use have been infringed, Fresh Produce Centre is allowed to intervene in order to terminate the infringement.   

Article 4 - Privacy

When creating the User Account, the Member provides personal data of Users to Fresh Produce Centre. In addition, Fresh Produce Centre will collect personal data on the User regarding the use of the Portal. The manner in which Fresh Produce Centre collects personal data and the purposes for which this is done are set out in the Privacy Statement of Fresh Produce Centre, which can be accessed here.  

Article 5 - Management of the Portal

5.1     The responsibility for managing the Portal lies with Fresh Produce Centre. Fresh Produce Centre endeavours to make the Portal available free of errors. However, Fresh Produce Centre cannot guarantee it. The Portal is offered ‘as is’.

5.2     Fresh Produce Centre is entitled to take the Portal temporarily out of use and/or to restrict its use insofar as necessary for the necessary maintenance, adjustment and/or improvement. Fresh Produce Centre is entitled to make changes to the login procedure for the Portal and the applications within it.   

Article 6 - Limitation of liability

6.1     Fresh Produce Centre has assembled the information on the Portal with great care. It is nevertheless possible that the information is incomplete and/or contains inaccuracies.

6.2     The liability of Fresh Produce Centre for direct and/or indirect damage arisen due to an attributable shortfall in compliance with its obligations, based on an unlawful act and/or any other basis, is excluded insofar as permitted under mandatory law.

6.3     The restrictions referred to in the previous clauses of this article lapse if and insofar the damage is the result of a deliberate act or deliberate recklessness by Fresh Produce Centre or its managers (‘own actions’).

6.4     Notwithstanding Article 6.2, Fresh Produce Centre specifically excludes liability for damage arisen as a result of:

• the use of the Portal and/or the information obtained via the Portal;
• the Portal being unavailable or other technical faults;
• what is indicated under ‘Management of the Portal’;
• any other use of the Portal.

6.5     References and hyperlinks to third-party websites are only given by way of information. Fresh Produce Centre has no control over the content of these websites and accepts no liability for the content or the operation of the websites concerned.

6.6     Fresh Produce Centre is not responsible or liable for the use made of the Portal by the Member through the User. If a Member uses information as contained on the Portal within his company and/or makes decisions within its organisation based on this information and consequently incurs a loss or receives a claim from third parties, Fresh Produce Centre does not accept any liability for it.   

Article 7 - Duration and termination

7.1     The agreement for using the Portal is entered into for the duration of the Membership. If the Membership ceases, the right to use the Portal also ends by application of law.

7.2     Members can terminate the agreement to use the Portal at any time by cancelling their User account and by ceasing any use of the Portal.

7.3     Fresh Produce Centre will block access to the Portal immediately upon the cancellation of the Members Account.

7.4     Fresh Produce Centre is entitled to (temporarily) block or terminate the User Account if a Member and/or a User acts contrary to the conditions in these Conditions or Use or contrary to the law in any way.

7.5     Fresh Produce Centre is entitled to arrange for third parties to manage the control over or access to the Portal, or at least to involve third parties in the provision of the Portal.  

Article 8  - Intellectual Property rights

8.1     All Intellectual Property Rights for the Portal solely lie with Fresh Produce Centre or its licensors. The Member is not permitted to remove or amend any reference concerning the confidential nature or Intellectual Property rights from the Portal, files or material.

8.2     Fresh Produce Centre can arrange for technical measures to be installed in order to safeguard the Portal, files or materials, to impose an agreed restriction in the content or duration of the licence. The Member is not authorised to remove any such technical measure or (to arrange) to circumvent it.

8.3     The Member is not permitted to commission changes, to make changes or additions, or to arrange for third parties to perform maintenance or repairs to the Portal, files or material supplied by Fresh Produce Centre.

8.4     Information published on the Portal is covered by copyright and database right. Multiplication and/or publication, other than for personal non-commercial use pursuant to these conditions of use, are not permitted without the prior written consent of Fresh Produce Centre.  

Article 9 - Changes to these Conditions of Use

Fresh Produce Centre reserves the right to amend these Conditions of Use. We will inform Members of any change in the Conditions of Use. The Member will need to accept new Conditions of Use after logging in. If the Conditions of Use undergo a significant change, Fresh Produce Centre will report this on the Portal.  

Article 10 - Miscellaneous

9.1     The Conditions of Use are governed by Dutch law. The applicability of the 1980 Vienna Sales Convention is explicitly excluded.

9.2     Insofar as not dictated otherwise by mandatory national or international rules of law, any disputes that may arise or be associated with these Conditions of Use will be solely submitted to the competent Court in The Hague.

Article 11 - Questions and/or comments

Feel free to contact the help desk in the event of any questions and/or comments about these Conditions of Use, by sending an email to info@fpcnl.eu.