Wageningen Food Views Due Diligence Dashboard
Terms of service
Last Updated: January 2025Welcome to the Wageningen Food Views Due Diligence Dashboard website of Stichting Wageningen Research (“Wageningen Research”, “us” “we” or “our”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website Wageningen Food Views Due Diligence Dashboard (“Due Diligence Dashboard”) and any other websites that we may later own or operate (collectively, the “Sites”), our mobile and desktop applications (“Apps”), our application program interfaces (“APIs”), our software development kits (“SDKs”) and our collaboration tools and other products and services we own or operate (collectively, with the Sites, Apps, APIs, and SDKs, the “Services”).
1. Agreement to these Terms
By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. In the event you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.2. Changes to the Terms or Services
We may modify the Terms at any time, at our sole discretion without notice to you. If we do so, we will let you know by posting the modified Terms on the Site. If you continue to use the Services after such a modification, you are consenting that you agree to the modified Terms. We may also change, update or discontinue all or any part of the Services, at any time, for any reason, and without notice or liability, at our sole discretion. You are responsible for regularly reviewing the most current version of the Terms as published <here.3. Service Terms
3.1. Confirmation. By purchasing, accessing or using the Services, you confirm that:A. You will only use the Services for business and professional reasons (the Services are not for use by consumers and may only be used for business and professional purposes); and
B. You accept and will comply with these Terms; and
C. You are responsible for anyone that uses the Services through your account, which may include your employees, consultants or contractors, or the employees, consultants or contractors of your affiliates. If you are a marketing agency or similar organisation and provide access to our Services to any of your clients or their employees, they are also your authorised users.
3.2. Use Restrictions. Except as otherwise expressly authorised in these Terms, you will not, and will ensure your employees, agents, contractors, service providers, and other persons associated with your Due Diligence Dashboard account do not, and will not encourage or assist third parties to: (i) attempt to reverse engineer, decompile, decrypt, disassemble, or otherwise attempt to reduce to human-perceivable form, discover the source code, object code, or underlying structure, ideas, or algorithms of the Services; (ii) integrate your application or system with the Services through application programming interfaces (APIs) other than the documented API(s), if any, expressly made available and permitted by us for such use; (iii) use any robot, spider, or automated process to scrape, data mine, crawl, index, or extract any aspect of the Services or our data; (iv) cache our data or content; (v) take any action that may impose an unreasonable or disproportionately large load on our infrastructure, as exclusively determined by us; (vi) modify, copy, duplicate, frame, mirror, republish, download, display, transmit, translate, or create derivative works based on the Services; (vii) make the Services (or any derivative work thereof) available to, or use the Services (or any derivative work thereof) for the benefit of anyone other than your own; (viii) sell, resell, license, sublicense, distribute, transfer, assign, rent, lease, or otherwise commercially exploit any Due Diligence Dashboard results and/or scores (or any derivative work thereof) to any third-party, or include any Due Diligence Dashboard results and/or scores in a service bureau, time-sharing, or equivalent offering; (ix) publicly disseminate or disclose information from any source regarding the performance of the Services without appropriate reference to Wageningen Food Views Due Diligence Dashboard and in a way that harms us or damages our reputation; (x) attempt to create a substitute or similar service through use of, or access to, the Services; (xi) use the Services to provide services to third parties which are not consistent with this License; (xii) damage, disable, interfere with, or circumvent any aspect of the Services; (xiii) test, penetrate, or scan the Services for security vulnerabilities or limitations; (xiv) circumvent any technical limitations implemented by us; or (xv) access, store, distribute or transmit any Virus, malicious code, or any material that (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation or disability; or (f) in a manner that is otherwise illegal or causes damage or injury to any person or property (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Services).
“Virus” means anything, code or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any of our computer software, API, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any of our program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the Services experience, including worms, trojan horses, viruses and other similar things or devices. We reserve the absolute right, without liability or prejudice to its other rights, to immediately disable your access to the Services and remove any material that breaches the provisions of this Section 3.2, upon any breach by you of this Section 3.2.
3.3. Authorised Users and Accounts. As part of the registration process, you will identify an administrative username and password for your Due Diligence Dashboard account. You represent and warrant that all registration information, including with respect to the list of domains owned or controlled by you for purposes of domain capture, you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information.
You are responsible and liable for maintaining control over your account, including the confidentiality of your username and password, and you are solely responsible and liable for all activities that occur on or through your account and all authorised users’ accounts, whether authorised by you or not. We maintain the exclusive right to suspend or cancel your Due Diligence Dashboard account at our own discretion in the event of any suspicious, malicious activity or any other activity that is not consistent with these Terms.
3.4. Feedback; Use Rights. We welcome feedback, comments, and suggestions (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. Additionally, we will have the right to collect and analyse data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and we will be free (during and after the term) to use such data and information to maintain, improve, and enhance any products or services without any liability.
3.5. Patent Assertion Entities. A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). If you are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, you will not assert, or authorise, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against us or our affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms.
4. License to Services
Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-transferable, non-exclusive, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the Dutch government and European Union and (ii) jurisdictions whose laws do not permit engaging in business with Wageningen Research or use of the Services) for you to access and use the Services for your internal business purposes.5. Charges and Payment
5.1. Pricing. Our Services are based on a one-time purchase, and any one-time follow-up purchase, with access to our Due Diligence Dashboard showing the selected combinations of data. Your rights and obligations with respect to our Services will be based in part on the selected combinations of data.5.2. Payment Terms.
5.2.1. One-time purchase. When you purchase our Services, you expressly authorise us or our third-party payment processor to charge you for such Services.
5.2.2. You represent and warrant that you have the legal right to use all payment methods that you provide to us, and the information you provide to us is true, correct and complete.
5.2.3. All fees are stated and solely payable in Euro (unless otherwise stated during the payment process), non-cancelable, non-refundable (except as otherwise expressly set forth in these Terms), and not subject to setoff or any deductions.
5.2.4. In the event that you fail to pay the full amount owed to us, we may limit, suspend or cancel your access to the Services, in addition to any other rights or remedies we may have.
5.2.5. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
5.3. Taxes. All fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto. If we were required to collect a tax and did not do so at the time of sale, we reserve the right to later charge you for the applicable tax.
5.4. Withholding. All payments made by you to us under these Terms exclude any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.
6. Confidentiality
6.1. Confidential Information. We (the “Discloser”) have disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.6.2. Obligations. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five (5) years thereafter.
7. Warranties and Disclaimers
7.1. In the event of any loss or corruption of any data associated with a purchase of our Services, we will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by us. Except for the foregoing, we will not be responsible for any loss, destruction, alteration, unauthorised disclosure or corruption of any data.7.2. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. Except as set forth in Section 7.1, the Services are provided “as is” and “as available”, without warranty expressed or implied of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement and any warranties arising out of course of dealing or usage of trade.
7.3. Non-Wageningen Research Resources. Wageningen Research does not warrant or support, and will not have any responsibility or liability of any kind for, any other application(s) or material(s) that are developed by a party outside of Wageningen Research’s organisation , including but not limited to, design files, plugins, widgets, component libraries and code components (collectively, “Non-Wageningen Research Resources”). Non-Wageningen Research Resources are provided by third parties, not by Wageningen Research. Any use of Non-Wageningen Research Resources is solely between you and the applicable third-party provider, and Wageningen Research has no responsibility or liability for such third-party’s actions or omissions. You must comply with all agreements and other legal requirements that apply to services provided to you by a third-party.
8. Indemnity
You will indemnify and hold harmless Wageningen Research and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your Customer Materials; or (iii) your violation of these Terms.9. Limitations of Liability
9.1. (a) To the maximum permitted by applicable law, in no event will either party, its directors, employees, agents, licensors or any other party involved in creating, producing or delivering the Services (“Suppliers”) be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including lost profits, loss of data or goodwill or other intangible loss, service interruption, computer damage, system failure or the costs of substitute services arising out of or in connection with any other aspect of these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wageningen Research has been informed of the possibility of such damage.(b) The Services may support multi-factor authentication and you shall maintain the confidentiality of your passwords or other login credentials for the Services.
Accordingly, to the maximum extent permitted by applicable law, in no event Wageningen Research will be liable for any damage, loss or injury resulting from unauthorised access to or use of the Services or your Due Diligence Dashboard account or the content or information contained therein if: (i) the unauthorised access or use could have been prevented through your use of multi-factor authentication; or (ii) you or any of your authorised users fail to maintain the confidentiality of any password or other login credentials.
(c) Without limiting Section 9.1(b), to the maximum extent permitted by applicable law, in no event we will be liable for any damage, loss or injury resulting from unauthorised access to or use of the Services or you Due Diligence Dashboard account or the content or information contained therein, except to the extent Wageningen Research’s breach of the service standards results in the unauthorised disclosure of your confidential information.
9.2. In no event Wageningen Research or Supplier’s total liability arising out of or in connection with these Terms or from the use or inability to use the Services, will exceed the amounts you have paid to Wageningen Research in the preceding twelve (12) months for the Services, or in the event you have not had any such payment obligations, one thousand Euro (€ 1,000.00).
9.3. Nothing in these Terms is intended to exclude or restrict or will be construed as excluding or restricting the liability of either party for (i) indemnification obligations under these terms; (ii) death or bodily injury caused by the negligence of that party, its directors, employees or its agents; (iii) fraudulent misrepresentation or willful misconduct of that party or its directors, employees or its agents; or (iv) any liability that cannot be limited or excluded by applicable law.
9.4. The essential purpose of each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages, is to allocate the risks of these Terms between the parties. This allocation is reflected in the pricing offered by us to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 9 will apply to the maximum extent permitted by applicable law and notwithstanding the failure of essential purpose of any limited remedy in these Terms.
10. Termination
10.1. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that if we freeze your account and the termination is not due to your breach of these Terms. We will provide you a pro rata refund of pre-paid unused fees unless, in our reasonable estimation, we are not legally permitted to do so (in which case any refund rights are null and void).10.2. You may cease use of the Services at any time. You may also cancel your Due Diligence Dashboard account at any time by using the contact form on our website.
10.3. Upon any termination, discontinuation, or cancellation of Services of your Due Diligence Dashboard account, the following provisions of these Terms will survive: Service Terms, Charges and Payment (to the extent you owe any fees at the time of termination); Confidentiality; Warranties and Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 11.
11. Miscellaneous
11.1. Privacy. We may collect certain personal data through the Due Diligence Dashboard and the purchase thereof. In the event we collect personal data we process these data in accordance with all applicable privacy regulations.11.2. Costs of Collection. You will be responsible for all of our costs of collection in the event of any delinquent payment (including reasonable attorneys’ fees and costs).
11.3. Force Majeure. Wageningen Research will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If Wageningen Research believes in good faith that it is legally prohibited from providing you or your authorised users with the Services, we may freeze your account and/or cancel your subscription at Wageningen Research’s sole discretion.
11.4. Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
11.5. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.
11.6. Assignment. These Terms and your access to any of the Services are not assignable or transferable by you without our prior written consent. Any purported assignment in violation of this section is null and void.
11.7. Service Providers. For the avoidance of doubt and for clarity, we may engage third parties as service providers to the Services at our own election.
11.8. Relationship of the parties. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.
11.9. Publicity. Unless you provide us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that we may disclose that you are a customer of the Services and may use your name(s) and logo(s) in: (a) our digital, online, and printed marketing materials, including on our websites; and (b) external-facing presentations, including to individual clients and prospects and at conferences and similar events.
11.10. Waivers. The rights of each party may be waived only in writing. No failure to exercise, and no delay in exercising, any right or remedy under these Terms will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of these Terms will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
11.11. Governing Law. These Terms will exclusively be governed by the laws of the Netherlands without regard to its conflict of law’s provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11.12. Dispute Resolution. You and we both agree to first try to resolve disputes related to your use of the Services or these Terms (each a “Claim”) amicably and in good faith. The sole jurisdiction and venue of any claims will be the Netherlands and the applicable courts in Arnhem, the Netherlands. You and we consent to the jurisdiction of such courts. You agree to resolve your claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same and accordingly you and we both are waiving the right to pursue or have a dispute resolved as a plaintiff or member in any class, representative or consolidated action.
11.13. Interpretation. Whenever the words “including,” “include,” “includes” or “such as” are used herein, they will be deemed to be followed by the phrase “without limitation.”
11.14. Free Trials. Any features, products, or services provided on a free trial basis (collectively “Early Access Features”) made available by us are provided to you for testing and evaluation purposes only. We do not make any commitment to provide Alpha or Beta features in any future versions of the Services. We may immediately and without notice remove Early Access Features for any reason without liability to you. Any Early Access Features will be free of charge until the earlier of (a) the end of the evaluation period set forth by us, or (b) the start date of any purchase you order for the feature, product, or service being evaluated under the trial, or (c) termination by us in our sole discretion. You are not obligated to use Early Access Features.
Notwithstanding anything to the contrary in these Terms, all Early Access Features are provided “as is” and “as available” without warranty of any kind and without any performance obligations. Any data you enter into the Due Diligence Dashboard during a free trial, may be permanently lost unless you purchase an one-time follow-up purchase of the access to our Due Diligence Dashboard-platform that is an upgrade to purchase trialed, or exports such data before the end of the trial period.
11.15. Communications. By creating an account or accessing the Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link on our website. You may not be able to opt-out of any communications that are vital to the delivery of any Services to you.
11.16. Entire Terms. These Terms supersedes all other agreements between the parties relating to the Due Diligence Dashboard. The parties expressly agree that any different or additional terms set forth in any purchase order or other similar documentation provided by you will not apply between the parties even if signed, acknowledged or accepted by us, unless we specifically reference this clause and waives our rights.
11.17. Contact Us. Please send your feedback, comments, requests for technical support by using the contact form our website.