Legal Notice & Privacy

Disclaimer

1. General provisions

1.1 De Ceuster Meststoffen NV (“DCM”) is a company specialized in fertilizers having its registered offices in Belgium at B-2860 Sint-Katelijne-Waver, Fortsesteenweg 30 and is registered with the Belgian Crossroads Bank of Companies under the number 0416.299.452 with VAT number 416.299.452. DCM has branches in (i) the Netherlands at NL-2223 KE Katwijk, Valkenburgseweg 62a (“De Ceuster Meststoffen Nederland”) and in (ii) Germany at D-21758 Otterndorf, Bahnweg 3 D (“Deutsche Cuxin Marketing Gmbh”). DCM operates as a Belgian public limited company.

1.2 Access to and/or use of one of the DCM’s websites (such as, but not limited to: http://www.dcmcorp.be/, http://www.cuxin.de/, http://www.aquanatura.com/) (the “Sites”) and/or the information therein imply that the user declares that he/she is fully aware and informed of and unambiguously agrees to comply with all the conditions and restrictions as listed hereunder.

1.3 The material contained in these Sites is merely intended to provide noncommittal information and noncommittal advice about DCM and its range of fertilizers. The Sites will only serve for noncommittal explorative and informative purposes. In no case DCM will offer the possibility to purchase any of DCM’s products or to file an order through one of the Sites.

1.4 Each of the following provisions shall be construed separately and shall continue to survive even if one or other of the provisions is held inapplicable or unenforceable.

1.5 DCM reserves the right to modify these terms of use at any time, without any warning of such modification.

1.6 In case of any further questions concerning these terms of use, please contact DCM NV in Belgium, by mail: B-2860 Sint-Katelijne-Waver (Belgium), Fortsesteenweg 30, by phone: + 32 (0)14/25.73.57, by fax: +32 (0)14/21.76.02 or by e-mail dcm@dcm-info.com.

2. Liability provisions

2.1 DCM nor its members or staff can be held liable for any direct or indirect damages or any kind of loss arising from or combined with the access to, use or consultation of one of the Sites or their contents, regardless of the specific cause of the damage.

2.2 A faultless and/or uninterrupted functioning of the Sites cannot be guaranteed. In no case DCM will be liable for any direct or indirect damages or any kind of loss caused by (i) the transmission of viruses despite existing security measures, (ii) the unauthorized access or interruption of the access to the Sites, regardless of the specific reason, (iii) strikes or (iv) events of Force Majeure.

2.3 To the best of DCM’s ability, every reasonable effort is made to update the Sites and to provide them with accurate and timely noncommittal information and noncommittal advice. However, DCM cannot guarantee that such information, data, publications and advice are up-to-date, accurate, correct, complete or suitable for a specific objective. At any particular time there may be inaccuracies, omissions or information and/or advice which is not up-to-date and for which DCM nor any of its members or staff can be held liable.

2.4 DCM reserves the right to add, delete, correct or otherwise change any part of the information and/or advices contained in the Sites at any time without any prior warning or liability.

2.5 DCM also provides on its Sites noncommittal information, noncommittal recommendations and noncommittal advices regarding to gardening and DCM’s range of fertilizers. DCM provides these information, recommendations and advices with all reasonable care. However, in no case DCM can guarantee or warrant their satisfactory result in a specific case nor can DCM be held liable for any unsatisfactory result or any kind of damage caused by applying such recommendations and/or following such advices. These recommendations and advices purely serve as a guideline and merely constitute an element of indication and assessment for the user, who will remain free in his/her decisions and will be exclusively responsible for the use he/she makes of them.

2.6 As stated above, DCM explicitly excludes any representation or warranty (express or implied) to the fullest extent permitted by law regarding the reasonableness, correctness or completeness of the noncommittal information and/or noncommittal advices or effectiveness by applying such information or following such advices published on or accessible through the Sites. DCM accepts no liability for any direct or indirect damages in this respect.

2.7 Third parties’ sites may create references or links to the DCM’s Sites. DCM may also for its part establish references or links to external sites or sources that are not owned by DCM or one of its connected companies and such purely for noncommittal information purposes. In no case DCM will guarantee the availability, the safety or the quality of such external sites and sources and their content, nor can DCM be held liable for the availability, the safety or the content of such external websites linking to or linked from the Sites.

3. Intellectual property rights

3.1 The DCM’s Sites contain information, publications, all sorts of data, illustrations and software protected by intellectual property rights. DCM is the exclusive holder of all property and intellectual property rights (including trademarks, models and designs, patents and plant breeder’s rights) on these Sites and all their components, including but not limited to all the information, publications, all sorts of data, illustrations and software.

3.2 Any direct or indirect infringement upon these rights is strictly prohibited. None of the information, publications, data, illustrations or software of these Sites may be duplicated, transmitted, distributed, circulated, sold, reproduced, used as metatag on other sites or transferred in any other way without DCM’s express prior written consent.

3.3 In no way, any property or intellectual property right will be transferred to the user of the Sites.

4. Applicable law and competent jurisdiction

4.1 By accessing one of the DCM’s Sites, the user agrees that all matters between DCM and him/herself in connection with one of these Sites are subject to Belgian law. Any dispute in connection with one of these Sites will be under the sole jurisdiction of the Courts of Mechelen (Belgium), excluding any other court.

5. Privacy provisions

5.1 Access to and/or use of one of the DCM’s websites and/or the information therein imply that the user declares that he/she is fully aware and informed of all the privacy provisions as listed hereunder and that he/she grants hereby unambiguously him/her permission to DCM to process, subject to the following provisions and the current legislation concerning the privacy protection (namely the Belgian Act of 8 December 1992 relating to the protection of privacy and its execution degrees), all data submitted in any form by the user through one of DCM’s Sites or the Internet.

5.2 The responsible for processing data of a personal nature relating to individuals is DCM NV in Belgium at 2860 Sint-Katelijne-Waver, Fortsesteenweg 30, phone +32 (0)15 30 74 35, fax +32 (015 31 97 59 and e-mail dcm@dcm-info.com.

5.3 Data of a personal nature relating to individuals and communicated to DCM through one of the Sites or the Internet, are being processed in view of (i) DCM’s client management, (ii) its global view of the customer, (iii) its client service, such as supplying information resulting from clients’ and/or users’ requests through the Sites or the Internet (such as e-mails) with regard to gardening, fertilizers and DCM information, and (iv) its direct marketing. DCM may provide aggregate information about the users of its Sites to relevant service providers and other companies, whose intervention is necessary to attain one of the mentioned objects. These third parties can be situated both in and outside the European Union. These data of a personal nature relating to individuals can thus also be provided to companies in non-EU member states, regardless of the fact that such a non-EU member state will provide whether or not the same guarantees for an adequate level of privacy protection.

5.4 The user possesses the right of access to and rectification of the data relating to her/him and can request that incorrect data can be corrected or be deleted. The user also possesses the right to oppose the processing of the data relating to her/him for direct marketing purposes. Such inquiries and requests are free of any charge and should be sent to dcm@dcm-info.com.

5.5 The fields provided with* in the online contact forms have to be completed, in order to provide DCM with the necessary information to answer the demand for information.

5.6 Cookies can be used in some parts of DCM’s Sites to record certain information about the users’ use of one of the Sites. The majority of web browsers are configured to accept cookies. Nevertheless, it is possible that, according to the users’ personal configuration, users do not want to accept cookies. In such a case, if the storage of cookies will be refused, DCM NV cannot guarantee the access to its Sites.

5.7 By accessing one of DCM’s Sites, certain personal data will be sent to DCM and recorded by it via the browser software. These personal data concern: (i) the TCP/IP address, (ii) the user’s language, (iii) the brands and versions of the browser software and operating system, (iv) all the information concerning the DCM website pages visited by the user and those of other websites through which the user accessed one of DCM Sites. All these data will be processed by DCM in order to send the requested web pages in the correct format according to the users’ computer configuration and to compile studies or statistics for DCM’s Sites with the purpose to improve these Sites.

5.8 By accessing one of DCM’s Sites, the user agrees that all matters between DCM and him/herself in connection with one of these Sites and privacy provisions are subject to Belgian law. Any dispute in connection with one of these Sites and privacy provisions will be under the sole jurisdiction of the Courts of Mechelen (Belgium), excluding any other court.