Terms of Service – Foodbytes
Foodbytes
Foodbytes is an online platform that connects corporate businesses (“Corporates”, “you” and “your”) with startups that offer innovative products or technology in the food and agricultural sector (“Startups”, “you” and “your”). Foodbytes is developed by Coöperatieve Rabobank U.A, incorporated under the laws of the Netherlands and having its offices at Croeselaan 18 (3521 CB) Utrecht (and together with its affiliates, “Rabobank”, “we” and “our”).
Acceptance of these Terms
These terms of service (“Terms”) apply to the use of Foodbytes’ online platform and represent a binding contract between you and us (“Contract”). For the avoidance of doubt, the contractual relationship between you and us under the Contract solely concerns the use of the platform and no rights and/or obligations can be inferred from the Contract relating to a broader contractual relationship with Rabobank. Use of Foodbytes is subject to your acceptance of these Terms.
Changes
We are constantly trying to improve the platform and add new functionalities. This means that the platform is offered as-is and can be taken offline at any time. We also reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by sending you an email or in any other way. You may reject the updated Terms, but this does mean that you are no longer able to use Foodbytes.
Using Foodbytes and your account
In order to have access to use Foodbytes, you must sign up for an account via our website, enter an email address, choose a password and provide certain information in order to verify your organization. This information is necessary for the assessment of our risks or the proper execution of our services. In using this information, we will always adhere to the applicable privacy regulations. Foodbytes reserves the right to reject any application to open an account. Your right to access Foodbytes is personal and may not be transferred to someone that is not part of your organization. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You grant Rabobank and all other persons or entities involved in the operation of Foodbytes the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Foodbytes and in the provision of services to you. Rabobank cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Foodbytes.
You are solely responsible for the content displayed in your profile and its compliance with applicable law. Neither Rabobank nor any of its directors, representatives, employees, agents, or managed entities (together, “Rabobank Group”), verifies any information displayed by any Startups or Corporates on this platform, and Rabobank Group does not make any representations as to any matter or as to the accuracy or completeness of any statements made herein and all liability in respect of any such matters or statements and the compliance of the content with applicable law is expressly excluded.
We must be notified immediately of any changes to the information about your organization and your representative. This is important for the performance of our legal obligations and our services to you.
Our services and prohibited uses
Foodbytes is solely involved in connecting Corporates with Startups. For more details in respect of our services, please consult our website.
Foodbytes may not be used, i) to act in violation of the law, ii) to violate the rights of Rabobank and/or of third parties, iii) for activities that are unlawful for any other reason, iv) damage the relationship between any Corporate or Startup and Rabobank; and, v) damage Rabobank’s reputation.
Premium features for Corporates
Our services are free of charge albeit that Corporates may opt for certain premium features as further described on our website. We will charge you a yearly upfront subscription fee for any such premium features. For more details on the subscription fees, please consult our website.
You must select the payment method of your preference from the options we make available to you in your account. We will charge the subscription fee via the payment method you have chosen. We are responsible for the correct execution of the payments and you are responsible for having adequate funds available to cover our fees.
If you do not pay the amounts due, we are entitled to immediately suspend the provision of our services to you (without prejudice to our further statutory rights). You may be charged the statutory interest rate as from the date you are in default on your payment obligation.
Data
The data that is provided by you is used to create personalized matches with the Startups. Furthermore, Rabobank collects the data that is generated by the use of Foodbytes for the purpose of analyzing, testing and/or improving Foodbytes. The Privacy Policy of Rabobank is applicable regarding the personal data that is processed by Foodbytes. The Privacy Policy describes how Rabobank and its affiliated legal entities handle personal data. You shall ensure that you process the personal data received through Foodbytes fairly and lawfully in accordance with these Terms and applicable data protection legislation, and in a manner that is compatible with the purposes for which the personal data is published on Foodbytes. In case of an incident involving personal data related to Foodbytes that requires you to notify to the Dutch Data Protection Authority, you shall also immediately inform Rabobank on the existence, nature and scope of the incident. Rabobank does not intend to receive confidential or proprietary information from you through Foodbytes. Any material, information, or other communication you transmit or post to Foodbytes will be considered non-confidential.
Indemnification
You agree to defend, indemnify and hold Rabobank and its directors, officers, agents, employees, partners and successors harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of Foodbytes, including, without limitation, the violation of these Terms, violation of law, or the infringement of any intellectual property right or other right of any person or entity by you, any person affiliated with your organization, or user of your account.
Exclusion of liability
To the extent permitted by law, Rabobank and its directors, officers, agents, employees, partners and successors shall not be liable for any damage whatsoever. In any event, liability for the following is expressly excluded: (i) punitive, special, indirect or consequential loss or damages; (ii) loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, loss of data; (iii) any inaccuracy relating to the (descriptive) information on Foodbytes or (iv) any other damage suffered by you arising out of the use, inability to use or delay of Foodbytes.
Rabobank expressly disclaims all warranties, including implied warranties and fitness for a particular purpose, or non-infringement of intellectual property. Particularly, we make no warranty that Foodbytes will meet your requirements, or that your use of Foodbytes will be uninterrupted, timely, secure of free of errors; nor do we make any representation or warranty as to the results that may be obtained from the use of Foodbytes.
For the avoidance of doubt: Rabobank does not perform any due diligence, in any form on the Startups, nor is any information relating to the Startups that is included on Foodbytes verified by us.
Links to other materials
Foodbytes may contain links to websites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such websites and, therefore, we are not responsible for any content posted on these websites. The fact that Foodbytes offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that website, its content or the companies or products referenced therein, and Rabobank reserves the right to note its lack of affiliation, sponsorship, or endorsement on Foodbytes. If you decide to access any of the third party websites linked to by Foodbytes, you do this entirely at your own risk. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
Termination
Corporates that have subscribed for any premium features, can terminate the subscription as per the end of each year subject to one calendar month’s prior written notice, by sending an e-mail to foodbytes@rabobank.com.
We may terminate or suspend this Contract for whatever reason by providing one month’s prior written notice.
We can immediately terminate or suspend this Contract in case you do not comply with your material responsibilities as set out in these Terms or abuse or manipulate our services. We will provide you with written notice if we choose to terminate or suspend this Contract.
Publicity
Parties will not make any public announcements regarding (the content of) Foodbytes without prior written consent of all parties involved. You are not allowed to use – without our prior written consent – the wordmark or figurative mark of Rabobank for promotional purposes and/or public communication, all in the broadest sense and irrespective of the used medium.
Third party trademarks
All names, logos, product and service names, designs, and slogans of Corporates and/or Startups displayed on Foodbytes are the property of their respective owners.
IP rights
The development and operation of Foodbytes may lead to intellectual property rights (such as, but not limited to copyrights, database rights, trademarkt rights and patents), know-how (such as information, data or knowledge) or materials (such as texts, drafts, illustrations, designs, software, including source code, plans and sketches) (“Results”). Rabobank exclusively retains ownership of all rights, title and interest in and to all Results and Foodbytes, you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof) without our written permission. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights.
Assignment
We have the right to assign this Contact to our affiliated companies and/or any other third party without your approval.
Complaints
If you wish to make a complaint about Foodbytes, you can send an email to foodbytes@rabobank.com
Applicable law
These Terms are governed by and will be construed under the laws of the Netherlands. Any dispute arising out of these Terms shall exclusively be submitted to the competent court in Amsterdam, the Netherlands.
