Dole Asia Holdings, Pte. Ltd.
Effective as of: January 1, 2021
This website (“Site”) is operated, controlled by and/or maintained by Dole Asia Holdings Pte. Ltd. and/or one or more of its subsidiaries or affiliates, service providers or vendors (individually and collectively, “Dole”, “we,” “us,” or “our”).
This Site provides access to use of a Supplier/Procurement Portal (the “Application”), a software package for management of data implemented and controlled by Dole.
By using the Site, participants (“Participant”, “you,” “your”) agree to be bound by each of the terms and conditions set forth below and any amendments thereto (“Terms and Conditions”). Please review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. We may modify these Terms and Conditions from time to time. Please review this page periodically. We will notify you of any material changes via a notice on the Site. In addition, the Terms and Conditions will always indicate the date the Terms and Conditions were last revised. By continuing to use the Site after the modifications are posted or after being notified of material changes to the Terms and Conditions, as applicable, you are agreeing to the modified Terms and Conditions. Please note that your use of certain features of the Site may be subject to additional terms and conditions, including country-specific terms. By using these features, you also agree to be bound by such additional terms and conditions.
Certain features of the Site may require your registration prior to access and/or use, or the creation of a unique username and password (“Login Credentials”). After you complete your registration process, you voluntarily accept all the terms and conditions hereof. If you do not agree or have any question, do not proceed with your registration process and contact us for clarification. In addition, accounts and/or certain features of the Site (for example, RFPs, RFQs and E-Auctions) may be limited to participants who are invited by Dole to participate. You agree that Dole has the right to deny or reject any request to establish an account, provide access to the Site and/or use certain Site features.
You shall bear all costs related to the access and use of the Site, including, in particular, costs of the subscription to an Internet service provider, if required.
Availability of the Site
Dole will have no obligation to justify a suspension or interruption of access to the Site and will not be held liable for possible consequences relating to such a suspension or interruption of access.
Dole reserves its right to make, at its convenience, improvements and/or changes to the services described in the Site, at any time without prior communication. In addition, Dole may, at any time in its sole discretion, decide to stop using the Site.
User Information and Account Management; Security of the Site
You are responsible for maintaining the confidentiality of your Login Credentials and agree to promptly notify Dole in writing of any unauthorized use of your Login Credentials and/or account. You are not permitted to share or disclose Login Credentials with third parties, unless approved by Dole. You acknowledge that you are responsible for all uses of and activities undertaken under your Site account and/or Login Credentials. You further acknowledge that Dole will not be liable to you or any other party for any misuse or fraudulent use of your Login Credentials and/or account.
You confirm that the registration information that you provided is true, accurate, complete, legal, and valid. If the registration information you provide is untrue, inaccurate, incomplete, illegal, or invalid, you bear the responsibility arising therefrom. If your registration information is changed, please update the registration information in time.
After your registration is successful, Dole will open an account for you as your unique identity for using the Site. The ownership of this account belongs to Dole, you only have the right to use and you may not transfer or dispose of the account in any form. You are responsible for all actions under your account (even if your account login behavior is not your own).
Your account is set up for you and kept by you. You must keep your account well. Account losses caused by your improper custody, password leakage, or being attacked or defrauded by others will be recovered by you from the infringer, and neither will be liable.
You agree that Dole has the right to use your registration information to log in to your registered account to preserve or obtain evidence, provided that these shall strictly comply with local law and regulations.
The use of your login and password will be deemed an evidence of the use by you of the Site.
In no circumstances may Dole be held liable for a misuse or fraudulent use by a third party of your login and password.
You undertake to inform immediately Dole in writing of any theft of your login and/or password and of information contained in the Site.
You also undertake to immediately inform Dole in writing of the termination or resignation of your employees having a login and a password provided by Dole. In this case, Dole will erase the login and password of the concerned persons.
Dole reserves its right to suspend at any time the login and the password, or of your use of the Site if deemed by Dole as abnormal, without any recourse from you.
In addition, you undertake not to act in any manner that would be likely to cause computer failures of whatsoever nature which would disrupt or create a risk of disruption of the Site and of its environment, including hypertext links and services it offers. You undertake in particular, in this regard, to send sustainable documents and files without viruses and to refrain from installing hypertext links in the Site of Dole without the prior written consent of Dole.
OUR PROPRIETARY RIGHTS
The Site and all of its contents, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, articles, software, icons and other elements making up the Site, including the Procurement Portal (collectively, “Content”) are protected by local copyright, trademark and other intellectual property laws, as well as international conventions and the laws of other countries. The Content is owned or controlled by us, by our affiliates, service providers, or by other parties that have licensed or otherwise provided their material to us, or permitted us to use their Content, service or platform, as applicable. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, entered into a database, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Dole. Unless permitted by applicable law, you may not add, delete, distort, decompile, reverse engineer, disassemble, create derivative works from or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Site for any purpose other than their intended purposes is strictly prohibited.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Site, or frame this Site, or any web page or material herein nor may any entity include a link to any aspect of this Site in an email for commercial purposes, without the express written permission of Dole.
Dole grants Participant a non-exclusive, non-assignable, non-transferable, and revocable license(“License”) to use and display, for personal and noncommercial use only, one copy of any material provided on the Site specifically for the purpose of downloading by Participant (“DownloadedMaterial”). Participant agrees to maintain any and all copyright and other notices contained in such Downloaded Material. Participant further agrees not to alter or modify the Downloaded Material in any way. This License may not be assigned, transferred, or sublicensed by Participant to any other party and may be revoked by Dole at any time. Upon revocation, Participant agrees to delete and/or destroy and Downloadable Material obtained from the Site.
YOUR USE OF THE SITE: RULES OF CONDUCT
By using the Site, Participant accepts the following rules of conduct:
- Participant will not post to or transmit through the Site any unlawful material, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates local law or regulation, or would give rise to civil or criminal liability.
- Participant shall not use the Site to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third-party right without express written permission of the owner of such right.
- Participant shall not use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or the hardware, software, networks, systems, technology, and facilities upon and within which it operates (“Infrastructure”), or other users’ laptops, desktop or mobile devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Participant shall not attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means.
- Participant shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute (“Participant Material”) or otherwise access or make available using the Site or Infrastructure. Users shall cooperate with Dole in investigating and correcting any apparent breach of these Terms and Conditions.
In the event that Dole becomes aware of any such Participant Material or of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose Dole to civil or criminal liability, Dole reserves the right to investigate such material, block access to such material and suspend or terminate any features of or Content on the Site without liability. Dole further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that Dole believes is responsible for such violation. Dole also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Dole’s rights and remedies at law or in equity that may otherwise be available.
Any information, data, notes, postings, ideas, suggestions, concepts, or other material submitted tools through the Site in any format (“Submissions”) will become and remain the property of Dole Asia Holdings Pte. Ltd. throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised. This means that:
- Your Submissions will not be treated as confidential
- You cannot sue us or otherwise bring any claims against us for using the Submission
- If we use your Submission, we will not have any obligation to pay you or anyone else
You acknowledge that you – and not Dole – are responsible for your Submissions. When you provide us with a Submission, you agree that: (i) your Submission is original with you and accurate, (ii) your Submission does not violate, and its use will not violate, the rights of any third party, any applicable law or ordinance, or these Terms and Conditions; (iii) all moral rights that you may have in your Submission have been voluntarily waived by you; and (iv) you will use commercially reasonable efforts to ensure that your Submission is free from viruses, worms, trojan horses, or other items of a destructive nature.
Dole has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site or Infrastructure by Participants, and is not obligated to monitor or exercise any editorial control over such material.
Any information relating to Dole that we provide or make accessible to you in connection with the Site that is not known to the general public or that reasonably should be considered to be confidential is Dole’s “confidential information” and will remain Dole’s exclusive property. You will use confidential information only to the extent reasonably necessary for your permitted use of the Site and ensure that all persons or entities who have access to such confidential information in connection with your account will be made aware of and will comply with the obligations in this provision. You will not disclose such confidential information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable measures to protect such confidential information against any unauthorized use or disclosure.
Unless separately agreed to in writing by Dole, you acknowledge and agree that your RFP, RFQ and/or other E-Sourcing Submissions are not considered confidential information and will not be treated as confidential by Dole. You acknowledge and agree that Dole may use your RFP, RFQ and/or other E-Sourcing Submissions, including any information and data contained therein, for any lawful purpose.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. DOLE AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR INFORMATIONAL CONTENT. ALTHOUGH WE INTEND THAT THE CONTENT OF THE SITE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY OR REPRESENTATION: (I) THAT USE OF THE SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITE WILL BE CORRECTED; OR (IV)THAT THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DOLE, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, SERVICE PROVIDERS, VENDORS, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE, (III) ERRORS OR INACCURACIES CONTAINED ON THIS SITE OR ANY PRODUCTS, INFORMATION, AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE; (IV) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; (V) CHANGE IN INFORMATION OF THE CONTENT IN THE SITE, (VI) SUSPENSION OR DISCONTINUATION OF THE OPERATION OF THE SITE; AND (VII) ANY DAMAGES OTHERWISE ARISING OUT OF THE USE OFTHIS SITE.
FURTHER, DOLE IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE INSTALLATION, UPGRADING OR CHANGE IN THE SETTING OF BROWSERS, APPLICATIONS, ETC. IRRESPECTIVE OF THE NATURE OF THE TERMINAL.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DOLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Dole, and its subsidiaries, partners, agents, affiliates, service providers, vendors, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of your agreements under these Terms and Conditions, any warranty you provide herein, or otherwise arising in any way out of your use of this Site. You agree to cooperate fully with Dole in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms and Conditions.
Dole may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and may, in its sole discretion, refuse any service, close your account, clear or edit the content, cancel any service, within the provisions of law and regulation, and the terms and conditions herein. Dole may also impose limits on certain features and services or restrict your access to parts or to the entire website without notice or liability. Dole may terminate the authorization, rights and license given herein.
Dole is not responsible for normal maintenance of Internet equipment, Internet connection failure, computer failure, communication failure, power failure, catastrophic weather (such as fire, flood, storm, etc.), strike, riot, terrorist attack, system network transactions caused by instability, system crashes, hacker attacks, government actions, orders of judicial administrative agencies, etc., or actions of third parties cannot be fully or partially performed or delayed. Dole does not guarantee that the information, content, software, servers, etc. contained in the website or otherwise provided to you through the website or emails sent from the Site are free from viruses or other harmful codes.
You can utilize all the services provided on the Site free of charge. However, you must bear the expenses for the necessary devices and the communication expenses, etc.
Dole maintains the Site on the premise that it is used under the recommended browser environment. Please note that use of any other browser or version other than the recommended browser may cause malfunction in part of the operation or inability to utilize a part of the services.
You acknowledge and agree that establishing an account, submitting a RFP, RFQ or other E-sourcing Submission and/or any other activity taken on the Site does not and will not create any legal, binding or other obligation for Dole.
All data contained in the Site (including, without limitation, texts, graphics, photographs, images, sounds, illustrations, distinctive signs, logos and trademarks) is the exclusive property of Dole, and is governed by all applicable international intellectual property laws in force protecting all attached intellectual property rights.
The access and use of the Site and its data may in no case be construed as giving you industrial or intellectual property rights (under the terms of a license or by any other means) owned by Dole or any third party. The same applies to names, logos, trademarks, patents, products and services owned by Dole or any third party.
You are only granted non-exclusive and non-transferable right to use the data contained in the Site during the period of access to the Application. You are entitled to upload, copy or print all data contained in the Site to which you have access for the exclusive purpose of professional and internal use of the data pursuant to your contractual relationship with Dole.
In this case, the hard copy or registration on computer of the data shall be marked with a legend specifying the copyright and property of Dole followed by the legend “CONFIDENTIAL”. You are not allowed to modify, transfer, sell, communicate, sub-license, use for any other purpose or publish the said data.
Any unlawful use of any part of the Site (in particular by means of infringement) will entitle Dole to initiate appropriate legal action.
We make no representations that the Content on the Site is appropriate or available for use anywhere in the world. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.
GOVERNING LAW AND FORUM FOR DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Singapore. Any unresolved dispute arising out of or in connection with these Terms and Conditions of Use, including any question regarding its existence, validity or termination shall be referred to and finally settled by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration tribunal shall consist of one arbitrator. The language of the arbitration shall be English and Singapore is the seat of the arbitration.
All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary or replaced with a valid provision having legal effect and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
Dole respects the intellectual property rights of others. Pursuant to relevant provisions of copyright laws and regulations, Dole has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. To file a copyright infringement notification with us under the Act, you will need to send a written communication in the prescribed form (as applicable) that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work that you believe to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
3. Identification of the material that you believe to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly.
4. Your name, address, telephone number, and, if available, an email address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows: [email protected]
If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:
Dole Asia Holdings Pte. Ltd.
1 Wallich Street
#32-01, Guoco Tower, Singapore, 078881
Tel.: +65 671 69000
Fax: + 65 671 69099
Attention: Consumer Center Phone: 1-800-232-8888
E-Mail: [email protected]