Terms and conditions for the use of this IPS-Ingredis website (the “GTC”)
Welcome to ipsingredis.com! Please read these GTC carefully.
1. General and legal Information
This website is operated by IPS-Ingredis International Ltd., Langgasse 51, 6340 Baar, Switzerland (hereinafter referred to as “IPS-Ingredis”) IPS-Ingredis trades in ingredients and consumables, mainly for the beverage and food industries. The IPS-Ingredis website provides users with general information about IPS-Ingredis and its activities and products. Furthermore through this IPS-Ingredis website, IPS-Ingredis grants its customers access to its product catalogue and provides registered users detailed product information and an electronic platform to place inquiries and orders (the latter “IPS-Ingredis “Trading Service”). Please consider, that for the execution of any trades with the aid of the “IPS-Ingredis “Trading Service” specific terms and conditions in addition to the present GTC will apply.
You must not use any or all parts of the IPS-Ingredis website:
- if you are not accepting these GTC, or
- in any way that impairs, or is likely to impair the function of the website, or any access to it to be interrupted or damaged in any way, or
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
- to cause annoyance, inconvenience or anxiety.
By accessing and Using the IPS-Ingredis website you declare that you have understood and acknowledge the present GTC as well as the legal information relating to this website and IT’S content. If you do not agree to the GTC, please refrain from accessing this site and the pages contained therein.
Trades entered into by registered users with the help of this website respectively by using the specific and restricted IPS-Ingredis “Trading Service”, are governed by their own set of terms and conditions and these shall take precedence in the event of a contradiction. Those terms and conditions will be communicated to you by Using the IPS-Ingredis “Trading Service” inlcudng the negotiation of the trade.
The IPS-Ingredis website is intended for business purposes (B2B) and is not intended for legal or natural persons who, due to nationality, place of business, domicile or other reasons are subject to a legal system in which the dissemination, publication, provision or use of this information is in violation of applicable laws or provisions or in which IPS-Ingredis must fulfil obligations for registration or authorisation.
2. No offer and advice
Subject to specific trades handled with help of the IPS-Ingredis “Trading Service” by registered users to which separate terms and conditions apply, the content published on this IPS-Ingredis website serves exclusively for information purposes. It constitutes neither an invitation nor a recommendation, nor an offer for the acquisition or sale of products or services. Accessing the IPS-Ingredis website or requesting information does not establish a client relationship between the user of the IPS-Ingredis website and IPS-Ingredis. The IPS-Ingredis website content in no way constitutes advice (advice on trades, purchases etc.). The information published does not serve as an aid to decision-making in commercial, legal, tax-related or other matters.
3. User registration
We offer you the opportunity to sign up for our IPS-Ingredis “Trading Service” part. The information entered when signing up, as shown in the registration form is collected and stored for use by our website. When signing up, we also store your IP address and the date and time you registered. If you register on and use the IPS-Ingredis “Trading Service” part, you agree that your information provided to us will be checked about in particular but not limited to your creditworthiness and therefore we may forward your information details to professional credit check institutions and credit insurance companies. Furthermore your information will be disclosed and transferred to our partners in order to conduct your request respectively the contractual relationship.
IPS-Ingredis reserves the right to open or terminate user accounts, accept or refuse access and service to users who are or might be in breach of applicable laws, these GTC or any other applicable terms and conditions, guidelines and/or policies.
Trades entered into by registered users with the help of this website respectively by using the specific and restricted IPS-Ingredis “Trading Service”, are governed by their own set of terms and conditions (“Trade T&C”) and amend or supplement the GTC in Hand. These Trade T&C shall take precedence in the event of a contradiction. Those Trade T&C will be communicated to you while Using the IPS-Ingredis “Trading Service” inlcudng the negotiation of the trade.
You as the account holder are responsible for maintaining the confidentiality of your account, the access elements such as password, user-id etc. and for the restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the access elements, in particular the password, are kept confidential and secure and should inform us immediately if you have any reason to believe that your access elements has become known to anyone else, or if the access elements are being, or it is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the “My Profile” area of the IPS-Ingredis “Trading Service” part.
4. Data protection and Security
When accessing and using the IPS-Ingredis website, you declare that IPS-Ingredis may process and use your personal data made available to IPS-Ingredis and you understand that IPS-Ingredis is allowed to contact you using the contact information, mail and telephone including the e-mail address you have registered with.
Access to the IPS website can involve specific cookies for the purpose of gathering non-personal data about usage and to help ensure that you receive information tailored to your needs. This data may be evaluated by IPS itself or by commissioned third parties, in particular but not limited to marketing and statistical purposes (see chapter 8. below).
By filling in the contact form to request information or with a user registration to use the specific IPS-Ingredis “Trading Service”, you the user give your express permission to IPS-Ingredis for this data provided to be used by IPS-Ingredis and to be forwarded to and used by suppliers, traders and partners of IPS-Ingredis for trading and marketing purposes. You grant IPS-Ingredis herewith the right to contact you by using this data in order to inform you of services, offerings and to provide you with marketing and trading material. All data transferred between your browser and the IPS-Ingredis web server when logged in the restricted user area of the IPS-Ingredis “Trading Service” are encrypted (SSL, currently with 128-bit encryption, the WWW standard for browsers worldwide). It can happen that data are sent unencrypted by e-mail for further processing. Please take note that confidentiality can not be guaranteed when transmitting unencrypted or insufficiently encrypted e-mails.
For contractual purposes, you consent to receive communications from IPS-Ingredis electronically and you agree that all agreements, notices, disclosures and other communications that IPS-Ingredis provides you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
To process your inquires and trades, your data may be shared with sister companies and subsidiaries of IPS-Ingredis, suppliers, logistics providers, tax and customs authorities, financial institutions, credit insurance providers, credit rating and credit insurance agencies and other involved parties.
Communication via electronic media harbours the risk of misuse of data and hacker attacks. It therefore cannot be ruled out that data becomes accessible to unauthorised third parties and that the contact between the user and IPS-Ingredis can be traced.
5. Note on risk
The IPS-Ingredis website, in particular the IPS-Ingredis “Trading Service” may contain information about prices, quality and product specifications as well as past pricing and future pricing /trading developments. The future development of prices and trades cannot be predicted based on past value development, i.e. the value of a trade or a specific good may rise or fall. Value development in the past does therefore not represent a guarantee of future development. The value preservation or even the increase or reduction in value cannot be guaranteed, since the value development is subject to fluctuation. All this risks are the sole responsibility of the user.
6. Ownership and intellectual property rights
Unless specified differently, IPS-Ingredis is the exclusive and entire owner of all elements of the IPS-Ingredis website or has obtained the necessary licences. These include all industrial property rights, particularly copyright and trademark rights, as well as the content and structure of the IPS-Ingredis website. The elements are only freely usable for browsing purposes. However, this does not constitute the granting of a licence or a right-to-use of images, registered brands or logos on the part of IPS-Ingredis. In addition, downloading or copying does not in any way signify a transfer of usage rights for the software or other elements of the IPS-Ingredis website. Prior written consent from IPS-Ingredis is required.
If elements are reproduced wholly or partially in any form, electronic or in writing, express mention of IPS-Ingredis is required. Apart from this, the publication of any part or parts of the website must first be approved by IPS-Ingredis. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any IPS-Ingredis website, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any IPS-Ingredis website (e.g. our prices and product listings) without our express written consent.
All registered trademarks are registered trademarks of IPS-Ingredis. No part of the site has been designed in such a way as to grant the right to use a picture, a registered trademark or a logo. Downloading or copying elements from the site gives you no rights whatsoever as regards the software or the elements on the site.
Information displayed and exchanged in the separate IPS-Ingredis “Trading Service” part for registered users is confidential. You shall use this confidential information for the sole purpose of evaluating and executing trades with IPS-Ingredis and disclose the confidential information only to necessary auxiliary persons but not to third parties. You shall ensure that such auxiliary persons such as but not limited to employees, directors and any other representatives and advisors to whom any such confidential information is entrusted comply with these confidential provisions and restrictions.
Without limiting the generality of the foregoing, the term Confidential Information shall include in particular:
- Product specifications
- Product availability
- Price quotes
- Names of suppliers
The term Confidential Information shall not include any information:
- which as of the time of its disclosure by a Party was already lawfully in the possession of the receiving Party as evidenced by written records, or
- which at the time of the disclosure was in the public domain, or
- the disclosure of which was previously explicitly authorized by the respective Party.
The non-disclosure obligation shall not apply to any disclosure of Confidential Information required by law or regulations. In the event a disclosure of Confidential Information is required by law or regulations (including, without limitation, for tax, audit or regulatory purposes), the disclosing Party shall use all reasonable efforts to arrange for the confidential treatment of the materials and information so disclosed.
8. Google Analytics & Cookies
This IPS-Ingredis website use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies", which are text files that are stored on your computer and allow an analysis of your use of the IPS-Ingredis website. The information generated by the cookies about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google uses this information to assess your use of the IPS-Ingredis website, in order to compile reports about website activity for website operators, and to provide further services related to the use of the website and the Internet. Google may also transfer this information to third parties, provided this is required by law or if third parties process this data on behalf of Google. Google will not link your IP address with other data from Google. You can prevent the installation of cookies by making the appropriate setting in your browser software; however, we point out that in such cases you may not be able to fully utilise all the functions of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purposes set out above.
9. Disclaimer of guarantee or liability
The information contained within the IPS-Ingredis website comes from sources that can be considered reliable and the currentness, accuracy, regularity and completeness of the information is ensured to the greatest extent possible at the time of publication. Nevertheless, IPS-Ingredis provides no guarantee regarding the information, content, services, offers, trades, products or opinions published either by IPS-Ingredis or by third parties.
IPS-Ingredis declines all responsibility and does not guarantee that its website is always fully functional, error-free or unaffected by harmful elements (e.g. viruses). IPS-Ingredis particularly excludes any liability for damages that the user could have avoided through use of his or her own protective measures.
Furthermore, IPS-Ingredis accepts no liability for any direct or indirect damages or consequential damages that may arise in connection with the access and use of the IPS-Ingredis website, in particular IPS-Ingredis “Trading Service” for users or third parties. This also applies in cases where the website are not accessible or cannot be used.
10. Links to third parties
IPS-Ingredis has not reviewed the third-party website linked to the IPS-Ingredis website and is not responsible for the content of other sites linked to its own. These websites are entirely outside the sphere of influence of IPS-Ingredis, hence no liability is given for the accuracy, completeness and legitimacy of their content and offerings. The use of links to other websites is entirely at the user's own risk.
Where an external website operator wishes to incorporate a link to the IPS-Ingredis website, permission must be obtained in advance from IPS-Ingredis.
11. Changes and updates of this terms and conditions
IPS-Ingredis can change the data, information etc. published on the IPS-Ingredis website as well as suspend, terminate or alter any registration possibility at any time and with no advanced notice.
12. Governing law
For all disputes arising between users of this website and IPS-Ingredis as a result of accessing, using and/or operating the IPS-Ingredis website, it is agreed that the exclusive venue is Zug/Switzerland, if not otherwise provided for by mandatory provisions of law. IPS-Ingredis, however, is also entitled to sue at the user's place of residence/domicile. The applicable laws are the substantive laws of Switzerland with the exception of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).