Global Food Exchange (GFE)
WEBSITES, MOBILE APPLICATIONS AND EXTRANETS TERMS OF USE
The access to and use of this web site, including its subdomains, associated websites, mobile applications and extranets (each a “Site” and collectively the “Sites”) constitutes acceptance by you or the entity you represent of the following terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, you may not access or use the Sites. Additional terms (including age requirements) may apply to and govern the access to and use of specific Materials or Site Features (as defined below) (the “Special Terms”). The Special Terms will be available with the relevant Materials or Site Features and shall be part of these Terms of Use upon the access to or use of such Materials or Site Features by the User (as defined below).
1. The Global Food Exchange Inc (“GFE”) maintains the Sites as a courtesy to anyone who may choose to access any Site (a “User”). The information presented in the Sites is for informative purposes only. Unless otherwise set forth in the relevant Special Terms, GFE grants permission to the User to visit the Sites and to download and copy the GFE information, documents and materials from the Sites (collectively, the “Materials”) for the User’s personal and non-commercial use, without any right to resell or redistribute them or to compile or create derivative works therefrom, subject to these Terms of Use and provided the source is fully acknowledged.
2. The User may need to register and/or create a User account to access to or use certain sections of the Site, Materials or Site Features. The User may never use another User account without permission. By registering or creating a User account, the User represents and warrants that (i) the User is of legal age or possess legal parental or guardian consent and fully able and competent to abide by and comply with these Terms of Use; and (ii) if the User represents a legal entity, the User has authority to bind such legal entity to these Terms of Use. The User is responsible for keeping the password and other relevant login information confidential and shall inform GFE if at any point the User considers that his or her password or login information have been compromised and/or is being misused by someone else and shall take such action as is required and/or is requested by us to prevent such misuse. The User is responsible for all activities conducted under his or her User account.
3. Unless expressly stated otherwise by GFE, the findings, interpretations and conclusions expressed in the Materials are those of the various GFE staff members, consultants and advisers to GFE who prepared the work and do not necessarily represent the views of GFE. The designations employed and the presentation of material in the Sites do not imply the expression of any opinion on the part of GFE concerning the legal or development status of any territory, country, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
4. Third-party content displayed in the Site may only be used subject to its owner’s consent or as otherwise permitted by applicable law, as the case may be. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits on any such content.
5. Certain mobile applications offered directly or indirectly by GFE can be downloaded from third-party “app stores” including, without limitation, iTunes and Google Play. As such, they are subject to separate terms of the respective third-party service providers. It is your responsibility to check the privacy policies and terms of service and usage of all third-party sites, stores and services prior to downloading or using the GFE mobile applications.
6. Information Disclosure
GFE is committed to making information relating to its operations and subsidiary groups available to the public. GFE believes public access to information contributes to a better understanding of GFE’s unique mission and enhances stakeholders’ participation in the journey toward zero hunger.
7. Site Features. Submissions
The Sites may contain bulletin boards, extranets, social networks and platforms, access to mailing lists or other message or communication facilities and other applications (collectively, the “Site Features”). Special Terms may apply to the Site Features. The User agrees to use the Site Features only to send and receive information, content and materials that are proper and related to the particular Site Feature. By way of example and not as a limitation, the User agrees that when using a Site Feature, the User will not:
o Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
o Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
o Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law;
o Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the systems of GFE or any third-party;
o Circumvent, disable or interfere with the Sites, the Materials or the Site Features;
o Delete any author attributions, legal notices or proprietary designations or labels in any file or content that is uploaded;
o Falsify the origin or source of software or other material contained in a file or content that is uploaded;
o Take any action that may impair or diminish any rights of GFE hereunder, or the goodwill associated with its name or the name of the United Nations or any organization within the United Nations system; and
o Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download or use any file or content posted by another user of a Site Feature that the User knows, or reasonably should know, cannot be legally downloaded or used in such manner.
The User acknowledges that certain Site Features are of public access and communications. Further, the User acknowledges that any postings, communications, content and any other material that User or other users of this Site post, submit, upload, or otherwise provide to this Site (“Submissions”) are not endorsed by GFE and shall not be considered to have been reviewed, screened or approved by GFE. GFE does not claim ownership of any Submissions provided by the User or other users of this Site. However, by posting, submitting, uploading, or otherwise providing Submissions, the User grants GFE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable and transferable license to use, display, distribute, reproduce, modify, remix, translate, transcode, excerpt, adapt, prepare derivative works of and compile, publicly perform and publicly display any or all Submissions in any media format or medium for any purpose whatsoever in connection with GFE.
GFE accepts no responsibility or liability in respect of the conduct of any User in connection with any Site Features, or for any Submission and User waives all rights to bring any claim against GFE for any cause of action that may arise out of User’s use of any Submission.
8. Personal Information
The collection, retention and use of personal information by GFE through the Sites is subject to the GFE Privacy Policy currently in force, found at WorldFoodBank.org/privacy.
9. Donations in support of WFB Foundation
NOTE: The World Food Bank Foundation is NOT a subsidiary of the Global Food Exchange Inc. The World Food Bank Foundation is a registered 501c-3 non-profit that serves to fill the gaps in food security where and when needed. Certain Site Features may allow the Users to link to an independent website operated by World Food Bank Foundation in order to support those who wish to make donations to the World Food Bank Foundation.
The security of information and payments transmitted via the internet cannot be guaranteed. The User acknowledges and agrees that: (i) The World Food Bank Foundation is an independent organization and (ii) donations to World Food Bank Foundation are made at User’s own discretion and risk; and (ii) Global Food Exchange Inc has no liability whatsoever for (a) any loss the User may suffer if a third-party obtains unauthorized access to any information provided by the User and (b) any act or omission by the User’s financial institution, credit, debit card or other payment method provider, telecommunications services providers or any third-party in connection with the donations to World Food Bank Foundation and transactions related thereto.
10. Disclaimers. Indemnification by User
The use of the Sites, the Materials and the Site Features is at the User’s sole risk. The Sites, the Materials and the Site Features are provided “as is” and “as available”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. GFE specifically does not make any warranties or representations as to the accuracy or completeness of any such Sites, Materials or Site Features. GFE periodically adds, changes, improves or updates the Sites, Materials and the Site Features without notice. The User specifically acknowledges and agrees that GFE is not liable for the conduct of any User.
The Sites may contain advice, opinions and statements of various information providers. GFE does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Site or any other third-party. Reliance upon any such advice, opinion, statement, or other information shall also be at the User’s own risk.
The Sites may contain links and references to third-party web sites. The linked sites are not under the control of GFE, and GFE is not responsible for the content of any linked site or any link contained in a linked site. GFE provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by GFE.
Under no circumstances shall GFE, its staff, officials, employees, information or content providers be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of the Sites, Materials or Site Features, including, without limitation, any fault, inaccuracy, error, omission, interruption or delay deletion, defect, alteration or use, with respect thereto, infection by virus or any other contamination of by anything which has destructive properties, communication line failure, regardless of cause. Under no circumstances, including but not limited to negligence, shall GFE be liable for any direct, indirect, incidental, special or consequential damages, even if GFE has been advised of the possibility of such damages.
As a condition of use of the Sites, the Materials and the Site Features, the User agrees to indemnify GFE, its staff, officials and employees from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of the User’s use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms of Use. If the User is dissatisfied with any Site, Material, Site Feature or with any provision of these Terms of Use, the User’s sole and exclusive remedy is to discontinue using the Site.
11. Miscellaneous
GFE reserves its exclusive right in its sole discretion to (i) alter, limit or discontinue the Site, any Materials or Site Features in any respect; (ii) modify these general Terms of Use or any Special Terms. GFE shall have no obligation to take the needs of any User into consideration in connection therewith.
GFE reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice and to suspend, revoke or stop providing User accounts if the User does not comply with the Terms of Use or any Special Terms and remove, for any reason and without notice, any Submission.
GFE’s name, emblem and abbreviation (the “GFE Marks”) are the exclusive property of GFE and are protected under international law. Unauthorized use of the GFE Marks is prohibited. The GFE Marks may not be reproduced or used in any manner without GFE’s prior written permission.
The mention or omission of specific companies, their products or brand names on the Sites does not imply any endorsement or judgement on the part of the GFE.
User shall not remove, obscure or alter any legal notices displayed in or along with the Materials or Site Features.
GFE reserves the right to seek all remedies available by law for any violation of these Terms of Use including any rights of GFE in the Sites, the Materials, the Site Features and the Submissions. No waiver by GFE of any provision of these Terms of Use shall be binding except as set forth in writing and signed by its duly authorized representative.
These Terms of Use and any dispute arising therefrom shall be exclusively governed by international principles of international law, to the exclusion of any single national system of law.
Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or invalidity hereof or to the use of the Sites, the Materials and Site Features by the User or any content available therein and their particular terms of use shall be settled by Arbitration in accordance with the International Centre for Dispute Resolution Rules then in force. The arbitral tribunal, which shall be composed of 1 (one) arbitrator, shall be empowered to order: (i) the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided hereunder; (ii) the termination hereof; or (iii) that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided hereunder, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to the International Dispute Resolution Procedures as amended and effective March 1, 2021. The arbitral tribunal shall have no authority to award punitive damages. GFE and the User shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such Dispute. The language of any such proceedings shall be English.
To the extent that there exists more than one language version of these Terms of Use and there is any inconsistency between the versions, the English version shall always prevail.
If you have any questions about this terms and conditions, please contact GFE via WorldFoodBank.org
Last modified: 31 Jan 2022