Terms of Use

Last Updated : January 03, 2022

This page (together with the documents referred to on it) (“Terms of Use”) tells you the terms of use on which you may make use of websites, mobile applications and any other digital portal that is operated and provided by NUTSCO Inc. or its group companies in connection with www.NUTSCO.com (collectively, the “Site”), whether in your capacity as a visitor, registered user, customer, business partner or employee.

All of the services available on or through the Site or otherwise offered, maintained and/or provided by us are referred to in this document as our “Services”.

Please read these Terms of Use carefully before you start to use the Services. By visiting the Site or using our Services, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Services.

Specific terms available on the Site that reference these Terms of Use set out at Annex A (the “Additional Terms”) may apply to specific websites, mobile applications and other digital portals. Where applicable, the Additional Terms shall form part of these Terms of Use.

  1. Information about us

The Services and the Site are operated and provided by NUTSCO Inc. (“NUTSCO”, “We” or “Us”) on behalf of itself and its group companies. We have our office at 1115 South 2nd st, Camden, NJ 08103.

  1. Accessing our Services

We reserve the right to withdraw access to or amend any Services that we may provide without notice (see below). We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may limit or restrict access to some parts of our Services, or our entire Services, to users who have registered with us.

You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you live or reside to use the Services or the Site. If you are under 18 years old or have not reached the age of majority, you must stop using/accessing this Site and using the Services immediately.

You agree to comply with any and all the guidelines, notices, operating rules and policies (if you are an Employee, this includes the NUTSCO Information Security Policy and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time).

We reserve the right to revise these Terms of Use and guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.

All material, data, information, text, content, graphics, images (still and moving), videos, sounds and other content (“Content”) contained on the Site or delivered through the Services are protected by intellectual property rights, including trademarks, copyright and database rights, which is owned by or has been licensed to us. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose, save as permitted under these Terms of Use.

You may choose or we may invite you to submit comments or ideas about improvements to the Service or the Site (“Commentary”). If you submit any Commentary to us, we will presume that your submission was voluntary and delivered to us without any restrictions on our use of the Commentary. You also agree that NUTSCO has no fiduciary or any other obligation to you in connection with any Commentary you submit to us, and that we are free to use your Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.

  1. Restrictions of use

In using the Site and/or Services or any Content, you shall not, and you shall not permit anyone else to, directly or indirectly:

  • except as expressly permitted by law, or as authorized under these Terms of Use, rent, lease, sub-license, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Site or Services;
  • remove NUTSCO’s or any other user’s trademark, copyright notice or any other proprietary notice;
  • except as authorized in the proper performance of your duties (if you are an Employee), rent, lease, distribute, resell or use the Services for other commercial purposes;
  • except as authorized in the proper performance of your duties (if you are an Employee), engage in any activity that interferes with or disrupts the Services or the Site;
  • upload any comments or ideas that violates or infringes another party’s right of publicity, privacy, copyright, trademark or other intellectual property right;
  • violate any applicable laws, rules, regulations, standards and licensing requirements, in connection with your use of any Content as permitted by these Terms of Use, or access of the Services (“Applicable Law”);
  • use the Services or any Content in violation of or to circumvent any sanctions or embargo;
  • use the Services or any Content for any purpose for which it is not designed or intended;
  • except as authorized in the proper performance of your duties (if you are an Employee), use the Services or any Content to create or promote a product, service or software that is directly or indirectly competitive with or in any way a substitute for the Services;
  • use the Services to send, post or otherwise communicate any content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;
  • use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;
  • collect any information in respect of other end users without their consent; or
  • obtain or attempt to obtain unauthorized access to such parts of the Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
  1. User accounts

Certain Services that may be made available on the Site may require creation of an account with us or for you to provide personal data. If you request to create an account with us, a username and password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Site. You are solely responsible for any activity on your account and we are not liable for any acts or omissions by you in connection with your account. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.

You hereby agree to change your password from time to time and to keep the username and password confidential and shall be solely responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password or if your personal data requires updating.

You agree and acknowledge that you shall be responsible for all persons who use the Services and/or access the Site through your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/ or access to the Site through your account, except where such use or access has been authorized in the proper performance of your duties (if you are an Employee).

  1. Intellectual property rights

All intellectual property rights in our Site and Services, and in the Content, are owned, licensed to or controlled by us, our licensors or our service providers. Those works are protected by copyright laws and treaties around the world and we reserve the right to enforce its intellectual property to the fullest extent of the law. All such rights are reserved.

Own Use License

We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-license) to access and use the Site solely for the purposes of receiving the Services or for internal business purposes.

Subject to section 20 and Annex A of these Terms of Use, and except as otherwise authorized in the proper performance of your duties (if you are an Employee), you may print copies, and may download extracts, of any Content for your personal or internal business uses and you may draw the attention of others either outside or within your organization to such Content, provided that you do not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Except as expressly granted to you under these Terms of Use, you have no rights, including any claim for intellectual property or other proprietary rights, in the Site and we hereby reserve all rights not expressly granted to you. You must comply with all Applicable Laws when using the Site as well as all applicable copyright, trademark or other legal notices or restrictions.

Commercial Use License

This section applies to any use if you wish to make use of Content beyond the Own Use License granted above. Should you wish to take, produce, reproduce, alter, arrange, translate, transform, modify, share, re-interpret or create any derivative works of any Content for commercial purposes (“Adapted Content”), including by distributing or publishing such Adapted Content on your own website, app, e-mails or official printed corporate publications related thereto (“Authorized Media”), you must first obtain our express, written consent to do so (“Commercial Use Licence”) by contacting brand@olamnet.com with your request.

Your request must contain:

A statement detailing the purposes for which you wish to use any Adapted Content; and

A list of the categories of Content including specific hyperlinks or screenshots (as applicable) of the Content you wish to become Adapted Content (“Licensable Data”).

We will consider your request taking into consideration inter alia, whether such Licensable Data is owned by us, licensed to us and/or comprises personal data. To the extent only that we grant our consent to you under a written document clearly marked as a “Commercial Use License” referencing these Terms of Use to use all or part of the Licensable Data (“Licensed Data”) for a permitted use (“Permitted Use”), we will grant, unless otherwise agreed in writing, a non-exclusive, non-transferable, revocable, worldwide license for a specified term to do so on Authorized Media subject to the following:

  • you will comply with these Terms of Use, including where applicable, the Additional Terms including in connection with any Licensed Data that is personal data;
  • as applicable, you will use any pre-agreed attribution statements to acknowledge our status (and that of any identified contributors) as the authors of the underlying Content;
  • you will cooperate with us to protect the goodwill and reputation associated with Olam, its group companies, the Site and any Services and undertake and warrant that your use of the Licensed Data shall not damage, risk or harm such goodwill and reputation;
  • you will only make copies or distribute Licensed Data to the extent reasonably necessary for the Permitted Use;
  • you will not use any Licensed Data or any of our trademarks or logos on any product packaging or to make any on-pack or about-product claims in relation to your own goods or services without our separate, express written consent;
  • you will not permit any third party to use or re-publish the Licensed Data for their commercial purposes and ensure appropriate terms of use are in place on your Authorized Media to prevent the onward use and transfer of Licensed Data by third parties for commercial purposes without our written consent; and
  • Upon termination or expiry of any agreed term during which you are granted a Commercial Use License, you will immediately (i) cease using the Licensed Data, (ii) use your best efforts to retrieve all distributed published materials using the Licensed Data and (iii) destroy all such materials and provide NUTSCO with proof (acceptable to us) of destruction.

We refer you to section 12 (Termination) below, which describes when any license or permission granted pursuant to these Terms of Use expires or terminates.

  1. Third party data

Some of the Content on our Site is licensed to you directly from the owner or licensor of that material and/or content (third party data). The use of this third-party data is subject to other terms and conditions that are prescribed by the relevant owner or licensor of that third-party data. Where applicable, the Additional Terms set out the various third-party data and applicable terms and conditions that are available on the relevant Site. The use of any such third-party data is subject to you accepting those terms of use, and you agree to abide by them.

Any references in our Site to third-party data are provided for your information only. We have no control over third-party data, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As we have no control over the third-party data and have not independently verified the accuracy of the third-party data, you acknowledge and agree that we are not responsible for the availability or accuracy of the third-party data.

  1. Representations and warranties

When you access our Site and/or use our Services, you hereby represent and warrant that:

  • if you are an individual:
  • you are at least 18 years of age or have reached the age of majority in the jurisdiction in which you live or reside;
  • you are capable of entering into and performing legally binding contracts under Applicable Law; and
  • all information which you provide is accurate, up to date, truthful and complete;
  • if you represent a corporate entity:
  • you have the full right, legal power and actual authority to bind such entity to this Terms of Use;
  • that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its incorporation, and such state, province or country is not sanctioned by the United States Office of Foreign Assets Control (OFAC); and
  • all information which you provide is accurate, up to date, truthful and complete.
  1. Reliance on information posted

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed upon such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

  1. Our Site changes regularly

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

  1. Compatibility

We do not warrant or represent that the Site or Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that NUTSCO and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

  1. Our liability

To the extent permitted by Applicable Law, we shall not give any guarantees, conditions or warranties:

as to the accuracy, reliability or correctness of any data provided through the Services;
that the Services will function in an uninterrupted manner or be secure or free from errors; and
that the Services will be free of viruses or other harmful code.

The Services are provided on an “as is”, “as available” and “with all faults” basis without warranties of any kind either express or implied. To the extent permitted by Applicable Law, we disclaim all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement or other violation or rights.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under Applicable Law.

To the extent that our liability may not be excluded under these Terms of Use, our liability shall be limited to your direct and documented damages and, you agree, that in no event will such liability exceed the amount of US$100.00 or the amount paid by you in the last six months for access to the Site or related Services, whichever is the lower.

You shall defend and indemnify us against any claims, actions, proceedings, losses, damages, expenses and costs (including without limitation, court costs and reasonable legal fees) arising out of or in connection with: (a) your use of the Site or Services (except where such use has been authorized in the proper performance of your duties (if you are an Employee)); (b) your breach of any provision of the Terms of Use and where applicable, the Additional Terms; (c) any Commentary that you have posted on the Site; or (d) your violation of any rights of another person or entity. This indemnity is a continuing obligation, constitutes a separate and independent obligation of the party giving the indemnity and will survive the termination or expiry of these Terms of Use.

  1. Termination

These Terms of Use are effective upon the date you first access or use the Services and shall continue until terminated by you or NUTSCO. You may terminate these Terms of Use by closing your account with us (where applicable), by sending a written request to close the account via email to INFO@nutsco.com and ceasing to use the Service. If you create another account with us, or use our Services again, you are consenting to these Terms of Use.

We may terminate these Terms of Use at any time for any reason by providing you with notice. We may suspend your account with us (where applicable) and your ability to use the Services or terminate these Terms of Use if:

  • we determine in our sole discretion that you pose a risk of fraud or credit risk;
  • determine in our sole discretion that you have used the Services in a prohibited manner or otherwise do not comply with any of the provisions of these Terms of Use; or
  • any Applicable Law or governmental or regulatory authority requires us to do so.

Without prejudice to section 2 of the Terms of Use, and without limiting any other rights or remedies, upon the expiry or termination of these Terms of Use including the Additional Terms:

all licenses and permissions granted by us under these Terms of Use and any Additional Terms shall immediately terminate;
NUTSCO may suspend and/or withdraw any passwords and access to the Site, including access to the applicable levels of access previously granted;
we will not be liable to you for any compensation, reimbursement or damages related to your use of the Services or any termination or suspension of the Services or the deletion of your information or account data; and
sections 8 (Reliance on information posted), 10 (Compatibility), 11 (Our liability), 12 (Termination), 18 (Jurisdiction and applicable law) and 22 (Miscellaneous – rights of third parties) of the Terms of Use and any other terms of these Terms of Use which expressly or by implication have effect after expiry or termination shall continue in full force and effect.

  1. Information about you, others and your visits to our Site

We process, store and share information about you in accordance with our Privacy Statement or applicable privacy policies of your employer entity, available from your local HR team on request (if you are an Employee). By using our Site or Services, you consent to such use in accordance with our Privacy Statement and you warrant that all data provided by you is accurate. You also consent to our use of Cookies (where applicable) in accordance with our Cookie Policy.

If you are provided with access to (or are providing Olam with access to) any Personal Data of any third-party in connection with your access to any Site and/or Service, you agree to comply with the Data Sharing Terms at Annex A.

  1. Viruses, hacking and other offenses

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and Services will cease immediately.

We will not 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 proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

  1. Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  1. Links from our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and are not responsible or liable for any content, advertising, information, products, services or other materials on or available from such sites or resources.

  1. Jurisdiction and applicable law

Subject to section 19, the courts of the State of California in the United States will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions any other relevant jurisdiction. These Terms of Use inclusive of any applicable Additional Terms are governed by California law.

  1. Dispute resolution

If any dispute arises with NUTSCO under or in relation to these Terms of Use it shall first be referred to NUTSCO. If the parties are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in California in accordance with the JAMS Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 arbitrator to be jointly appointed by the parties. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction.

  1. Trademarks

All trademarks, service marks, trade names and logos used and displayed on the Site (“Trademarks”) are registered and unregistered trademarks of us or third parties. Except as expressly provided in these Terms of Use, nothing on the Site and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or that of any other applicable trademark owner.

  1. Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site. We may provide you with notice of any changes through the Site, via email, or through other means. Your use of the Services after a change has taken effect constitutes your acceptance of the terms of the modified Terms of Use. You can find out when these Terms of Use were last changed by checking the “Last Updated” date at the bottom of these Terms of Use.

Any terms or conditions that are contained in any purchase order or in any other document that is issued by you or in correspondence or documents passing between NUTSCO and you will have no effect, and will not affect any agreement between the parties, even if NUTSCO has had notice of those terms or conditions and do not constitute an offer or a counter-offer by NUTSCO.

  1. Miscellaneous

If any part of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant terms shall be deemed deleted. Any modification to or deletion of a term under this section shall not affect the validity and enforceability of the rest of these Terms of Use, except as expressly stated.

Our failure or delay to exercise or enforce any right or remedy provided in these Terms of Use or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms of Use or by law shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms of Use will be effective only if in writing signed by us or our authorized representative.

These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No one other than the parties, their successors and permitted assigns, shall have any right to enforce any of these Terms of Use.

You may not assign these Terms of Use, any rights or licenses granted in these Terms of Use, or operation of your account with Olam to others without our prior written consent. We may assign these Terms of Use without your consent or any other restriction.

Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.
Except as expressly stated in these Terms of Use, nothing in these Terms of Use serves to establish a partnership, joint venture, or other agency relationship between you and us. Neither you nor we have the ability to bind the other party to any contract or obligation, and neither party will represent that you or we have such an ability.
These Terms of Use and all policies and procedures that are incorporated by reference constitute the entire agreement between you and NUTSCO for provision and use of the Site and Services. Except where expressly stated otherwise in writing executed between you and NUTSCO, these Terms of Use will prevail over any conflicting policy or agreement for the provision or use of the Site and Services.

  1. Your concerns

If you have any concerns about material which appears on our Site, please contact us at info@nutsco.com

We shall provide all notices to you at the email address or physical address that you have provided to us. You are solely responsible for keeping that information current with us. You hereby agree that all agreements, notices, disclosures, and other communications that we provide electronically to you satisfy any legal requirement that such communications be in writing.

Thank you for visiting our Site

E-Commerce Terms of Use

Last Updated : January 3, 2022

These E-commerce Terms of Service (“Terms of Service”) govern your access and use of the Site and Services in respect of your purchase of any goods or services offered via the Site. Please read these Terms of Service carefully in conjunction with the Terms of Use, as they include important information about your legal rights. These Terms of Service are deemed incorporated into the Terms of Use. Capitalized terms used but not defined herein shall have the meanings given to them in the Terms of Use.

By accessing the Site and/or using the Services, you are agreeing to these Terms of Service. If you do not understand or agree to these Terms of Service, please do not use the Services. If you use the Services on behalf of a company or other entity, then any reference to you includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service and (b) you agree to these Terms of Service on the entity’s behalf.

  1. Payment
    1.1 You may purchase certain products or services through the Site, including products or services of third parties that are offered through the Site (“Offerings”). Payment may be made by credit card, debit card, PayPal, wire transfer or other means that we may make available.
    1.2 Orders will not be processed until payment has been received in full and any holds on your account by PayPal or any other payment processor are solely your responsibility as NUTSCO is not a party to any agreement between you and the payment processor. NUTSCO reserves the right to charge you an interest rate of up to fifteen percent (15%) for any unpaid invoices.
    1.3 You acknowledge and agree that all information you provide with regard to a purchase of Offerings, including but not limited to credit card, PayPal or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including but not limited to any credit card you provide when completing a transaction. By providing any such information to Olam, you authorize NUTSCO to store and use such information and payment methods for purchases made through the Site.
    1.4 When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth on the Site, including all shipping charges, handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.
    1.5 The Services may allow you to purchase Offerings and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the date of delivery or provision of the applicable Offering.
    1.6 We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings and (b) refuse to allow you to purchase any Offering or delivery such Offering to you or your designated address.
  2. Letter of Credit and Security
    2.1 Where payment by letter of credit is stipulated, payment must be made by confirmed irrevocable letter of credit established for the credit of the bank that we nominate, and be irrevocable, confirmed and without recourse and otherwise in the form satisfactory to us.
    2.2 If NUTSCO requires you to post security for payment, you shall post such security before the Products are loaded for shipment. In the event of your failure to comply with these Terms of Service, Olam has the right, in addition to any other rights or remedies provided by contract or law, to declare the entire balance of your account immediately due and payable or to foreclose any security interest that NUTSCO may have in the Products.
  3. Changes and Pricing
    3.1 NUTSCO may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings.
    3.2 NUTSCO reserves the right to change prices for Offerings at any time and to correct pricing errors that may inadvertently occur and to cancel any orders in our sole discretion that were purchased with pricing errors. All such changes shall be effective immediately upon posting of such new Offering prices and/or upon making you aware of the pricing error.
    3.3 NUTSCO does not warrant that Offering descriptions are accurate, complete, reliable, current or error-free.
    3.4 The inclusion of any Offerings for purchase through the Site and Services at a particular time does not imply or warrant that the Offerings will be available at any other time.
  4. Third-Party Offerings
    4.1 The Site may operate as a third-party marketplace where some of the Offerings available on the Site are offered directly by third-party suppliers. By purchasing an Offering from such a third-party supplier, you acknowledge that all such orders will be fulfilled by the third-party supplier and not by NUTSCO, including without limitation, all processing, shipping, returns, warranties, recalls and customer services.
    4.2 NUTSCO makes no representations or warranties with respect to such Offerings. Rejected Offerings from third-party suppliers must be returned directly to the third party and cannot be returned to NUTSCO.
  5. Promotional Codes
    5.1 NUTSCO may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the NUTSCO establishes.
    5.2 You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the NUTSCO; (d) may be disabled or have additional conditions applied to them by the NUTSCO at any time for any reason without liability to the NUTSCO; (e) may only be used pursuant to the specific terms that the NUTSCO establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
  6. Order Acceptance
    6.1 Following receipt of your order for an Offering, NUTSCO will provide you with an order confirmation. An order confirmation is an acknowledgment of our receipt of your order and neither signifies our acceptance of your order and nor constitutes confirmation of our offer to sell.
    6.2 NUTSCO reserves the right at any time after receiving your order to accept or decline it at our sole discretion. If we cancel an order after you have been billed, we will refund the billed amount.
  7. Shipment/RETURNS
    7.1 This section does not apply to orders of Offerings offered by third-party suppliers, which shall be shipped, delivered, and otherwise fulfilled in accordance with the policies of such third-party suppliers unless otherwise agreed by us.
    7.2 Offerings may be picked up by you at one of NUTSCO’s facilities or may be shipped to an address designated by you, so long as such address is accurate and complete. If NUTSCO is expected to deliver the Offerings, NUTSCO will use commercially reasonable efforts to deliver you the Products on a timely basis, but you agree that time is not of the essence. You will be responsible for any shipment or delivery fees.
    7.3 All deliveries made by NUTSCO shall be made pursuant to a shipment contract with a carrier. This means that title and risk of loss for any purchase of physical product Offerings pass to you upon our delivery to our carrier. Tracking may be available at our carrier’s website, though we make no warranties regarding its availability. NUTSCO reserves the right to ship partial orders (at no additional cost to you).
    7.4 You are not allowed to give NUTSCO the personal information of any persons under the age of majority for delivery or shipping purposes or any other reason.
    7.5 You have fifteen (15) days from the date of delivery to inspect and reasonably reject the Offerings, if the Offerings materially differ from the description on the Site or are otherwise materially defective. After the expiry fifteen (15) days from the date of delivery, all sales will be deemed accepted and final. If you reject the Products in accordance with the foregoing, you will give NUTSCO a reasonable opportunity to replace the rejected Offerings prior to requesting a refund. Rejected Offerings will be disposed of or returned at NUTSCO’s sole discretion.
  8. Contract for Purchase and Sale of Goods
    8.1 Where you (or the entity you are representing) enter into a separate contract with NUTSCO for the purchase and sale of Offerings via the Site, any conflict between these Terms of Service and the said contract for purchase and sale shall be resolved in favor of the contract for purchase and sale.
    8.2 Notwithstanding the above, your use of the Site and the Services shall continue to be governed by the Terms of Use and these Terms of Service.
  9. Anti-Bribery and Corruption
    9.1 By using the Site, you agree, represent and warrant that you are familiar with the applicable anti-bribery and corruption and anti-money laundering legislation (“Anti-Bribery Laws”) and that you are aware that Anti-Bribery Laws prohibit, under the threat of severe penalty, the payment or giving of anything of value, either directly or indirectly through other parties, to an official of a foreign government (including officers and managers of government-owned or controlled companies) for the purpose of influencing them in their official capacity. You agree not to use any funds received in violation of Anti-Bribery Laws to purchase Offerings and further agree not to use any Offerings that you receive from the Site for any purpose that violates the Anti-Bribery Laws.
    9.2 By using the Site, you agree, represent and warrant that you will not use any Offerings received through the Site if you are the subject of any export or re-export control or trade sanctions laws, regulations, rules, licenses, boycotts and embargoes, including without limitation those of the European Union, United Kingdom, United States, Switzerland or the country where you are using the Site (“Sanctions”). You must comply with all applicable Sanctions.
    9.3 You acknowledge that Offerings sold on the Site are subject to customs and export control laws and regulations of the country in which the Offerings are purchased and may also be subject to customs and export laws and other regulations of the country in which the Offerings are manufactured and/or received and you agree to comply with all such applicable laws.
  10. Warranties and Limitation of Liability
    10.1 ANY APPLICABLE WARRANTIES ARE CONTINGENT UPON YOU FULFILLING YOUR RESPONSIBILITY TO MAKE YOUR OWN EXAMINATIONS AND CONDUCTING YOUR OWN TESTS. YOU WARRANT THAT YOU WILL MITIGATE ANY LOSS OR DAMAGE THAT YOU MAY SUFFER UNDER THESE TERMS OF SERVICE OR OTHERWISE RELATED TO THE OFFERINGS, AND THAT, TO THE EXTENT APPLICABLE YOU WILL FOLLOW ANY OF NUTSCO’S INSTRUCTIONS REGARDING THE HANDLING, STORAGE, COOKING AND SERVICING OF THE OFFERINGS AND COMPLYING WITH ALL REGULATORY AND STATUTORY LAWS AND INDUSTRY PRACTICES FOR FOOD HANDLERS.
    10.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY, NUTSCO’S TOTAL LIABILITY FOR ANY LOSSES OR BREACH OF WARRANTIES HEREIN, OR FOR ANY CLAIM RELATED TO THE OFFERINGS, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, INDEMNIFICATION OBLIGATIONS HEREIN, SHALL BE LIMITED TO YOUR PURCHASE PRICE OF THE PRODUCTS FOR THE ORDER RELATED TO THE CLAIM (THE “CAP”). THE FOLLOWING CLAIMS HOWEVER SHALL NOT BE SUBJECT TO THE CAP: (I) DEATH OR INJURY FROM A PARTY’S NEGLIGENCE, (II) FRAUD OR FRADULENT MISREPRESENTATIONS, AND (III) ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT, LIABILITY.
  11. Indemnity
    11.1 You agree to defend, indemnify, and hold NUTSCO harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to: (i) your misuse of the Site; (ii) your negligence or willful misconduct; or (iii) your violation of any applicable laws or regulations or any breach by you of these Terms of Service or the General Terms of Use. NUTSCO reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with NUTSCO if and as requested by NUTSCO in the defense and settlement of such matter.
  12. Recalls
    12.1 This section does not apply to orders of Offerings offered by third-party suppliers which shall be subject to the recall policies of such third-party suppliers. You acknowledge and agree that NUTSCO has no obligation or responsibility for recalls of Offerings supplied by third-party Suppliers.
    12.2 With respect to Offerings supplied by NUTSCO, you have the right to initiate and direct any recall, market withdrawal, stock recovery, product correction, or advisory safety communication (a “Recall Action”) regarding the Offerings or any product incorporating the Offerings. In the event of a Recall Action of for defective Offerings, you and NUTSCO will diligently and in good faith work together to determine the cause of the defect, and the manner, text, and timing of any publicity to be given such matters.
    12.3 In case a Recall Action is caused solely by Offerings that were defective as supplied by NUTSCO under these Terms of Service, your exclusive remedy shall be, at NUTSCO’s option, to either replace the defective Offerings or refund the purchase price for the defective Offerings and pay the reasonable cost of: (i) preparing, printing and mailing a recall notice to inform distributors and customers of the nature of the Recall Action, (ii) freight to replace the defective Offerings, and (iii) reasonable labor costs and expenses to perform in-field replacement activities, if any, for defective Offerings. All press or other inquiries relating to a Recall Action shall be dealt with by you and Olam together in good faith and no public statement shall be made absent mutual written agreement.
  13. Applicable Law and Dispute Resolution
    13.1 These Terms of Service shall be governed by the laws of the State of NEW JERSEY. The courts of the State of NEW JERSEY will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Service although we retain the right to bring proceedings against you for breach of these Terms of Service in your country of residence or any other relevant country.
    13.2 If any dispute arises with NUTSCO under or in relation to these Terms of Service, it shall first be referred to NUTSCO. If we are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in New Jersey in accordance with the STATE Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 arbitrator to be jointly appointed by the parties. The language of the arbitration shall be English. Nothing in this clause prevents either you or NUTSCO from seeking urgent or similar interim relief from a court of competent jurisdiction.