Apollo – Legal notice: website terms and conditions

Disclaimer

The Website is the property of Solina and its licensors. By using the Website, you agree that your use of the Website is governed by these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using the Website.

In order to use this website, you must first read and agree to our Privacy and Cookie Policy.

1. General

1.1. The website, available via https://www.apollofood.eu/ (hereinafter “Website”), is owned and operated by Solina, incorporated under French law, having its registered office at P.A. du Hindré III, Rue des Ecotais 201, 35310 Bréal-Sous-Monfort, France.

1.2. These website terms and conditions (hereinafter “Terms and Conditions”) set out how you can use the Website. By visiting or using the Website in any way whatsoever, you agree to be bound by these Terms and Conditions. These Terms and Conditions apply in any way that you use to gain access to the Website.

1.3. Solina reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Solina grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

2. Licence and use of the website

2.1. The Content (i.e. all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code) contained in this Website is for general information purposes only, and unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. You may view, download for caching purposes only, and print pages from this Website for your own personal use, subject to the terms below.

You must not:

• Publish Content or any other material from this Website (including republication on another website);
• Sell, rent or otherwise sub-license Content or any other material from the Website;
• Display any Content or any other material from the Website publicly;
• Reproduce, duplicate, copy or otherwise exploit Content or any other material on our Website for commercial ends;
• Edit or otherwise modify any Content or any other material on the Website;
• Redistribute Content or any other material from this Website except for content specifically and expressly made available for redistribution;
• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• Attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Solina server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
• Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Solina or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Solina’s systems or networks, or any systems or networks connected to the Website or to Solina;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Solina on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Solina or others.

2.2. By uploading, creating or otherwise transferring information, data or images through the Websites and without prejudice to the provisions of our Privacy and Cookie Policy, you grant us a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to use, copy, store, modify, transmit and display the user content to the extent necessary to supplement and update the Website.

2.3. We reserve the right, but have no obligation, to monitor and remove any user content that is deemed to violate the provisions of the Terms and Conditions or to be inappropriate, or that violates the rights of third parties or applicable laws or regulations.

3. Property rights

3.1. Within the scope of the agreement between the user and us, the Website and all established and/or applicable, related or related worldwide intellectual property rights remain our exclusive property.

3.2. All rights in and to the Website that are not expressly granted to the user in these Terms and Conditions are reserved to us. Except as expressly provided herein, no express or implied license is granted to the user with respect to the Website or any part thereof, including any right to obtain any source code, data or other technical material relating to the Website.

4. Links to other websites

4.1. This Website may contain links to other independent third-party websites. These websites are provided solely as a convenience to our visitors and are under the control of Solina.

5. Privacy

5.1. We attach a great deal of importance to your privacy and, when processing your personal data, we will comply with all relevant legislation in force.

5.2. In our Privacy and Cookie Policy, you will find more information on how we collect and process your personal data.

Before using our Website, you must agree to our Privacy and Cookie Policy.

6. Liability

6.1. All warranties, conditions and representations otherwise implied by applicable laws with respect to the Website are excluded to the fullest extent permitted by law and are rejected. In particular, we do not represent or warrant that the Website is error-free, free of viruses or other harmful components, or that defects will be corrected. In this respect, you must take your own precautions. To the fullest extent permitted by law, in no event will we be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other protected material through your use of our Website.

6.2. You agree that on the basis of these Terms of Use we can only be held liable to the extent that the damage suffered by you can be directly attributed to us. For the avoidance of doubt, we cannot be held liable for claims resulting from

• your unauthorized use of the Website;
• modification of the Website (or parts thereof) by you or third parties;
• your use of the Website in combination with products or services that do not belong to us.

6.3. Except where prohibited by law, in no event will Solina be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Solina has been advised of the possibility of such damages.

6.4. The Website may contain inaccuracies and typographical errors. We do not guarantee the accuracy or completeness of the Content and services offered on our Website. In addition, we expressly reserve the right to correct any erroneous information on the Website.

6.5. We will not be liable in any way for any damages resulting from your acts or omissions on the basis of the Content available on the Website. Nor can we be held liable for actions, errors, omissions, representations, warranties, violations or omissions of third-party independent service providers.

7. Disclaimer

7.1. Solina does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Website is subject to change without notice. Solina cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. Solina disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Solina disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any services. You are wholly responsible for your use of the Website and any linked websites. Your sole remedy against Solina for dissatisfaction with the Website or any Content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between the parties.

7.2. You acknowledge and agree that there are risks associated with transmitting and storing information over the Internet and that we shall not be liable for any loss of data, including, but not limited to, user content.

8. Indemnity

8.1. You agree to indemnify and hold Solina, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Solina by any third party due to or arising out of or in connection with your use of the Website.

9. Modifications

9.1. Solina reserves the right to do any of the following, at any time, without notice or liability: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9.2. Any such changes, additions or modifications to the Terms and Conditions and/or the Website will become effective immediately upon our making them available on the Website or upon notice to you. By continuing to use the Website, you agree to the changes, additions or modifications made to the Terms and Conditions and/or the Website.

9.3. You do not have the right to modify, supplement or amend these Terms and Conditions in any way.

9.4. We recommend that you check the Terms and Conditions regularly to ensure that you are aware of the most recent Terms and Conditions that you must respect.

10. Termination

10.1. You agree that Solina may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Solina, for which monetary damages would be inadequate, and you consent to Solina obtaining any injunctive or equitable relief that Solina deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Solina may have at law or in equity.

10.2. You agree that Solina may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

11. Miscellaneous

I. Entire agreement

11.1. These Terms and Conditions, together with our Privacy and Cookie Policy, constitute the entire agreement between you and Solina with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Solina with respect to such use are hereby superseded and cancelled.

II. Severability

11.2. If any provision of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, the other provisions of these Terms and Conditions shall remain enforceable. The void and unenforceable provision will be deemed amended to be valid and enforceable to the fullest extent permitted by law.

III. Conferral

11.3. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

IV. Applicable law and juridiction

11.4. The Terms and Conditions shall be governed exclusively by and construed in accordance with French law and shall not be construed in accordance with any conflicting laws or regulations. The courts and tribunals of Rennes have exclusive jurisdiction if any dispute arises in relation to the Terms and Conditions.