Appendix I –Leatherhead Terms and Conditions

Terms and Conditions and Privacy Policy

Leatherhead Food Research is a trading name of Leatherhead Food International Limited Company No: 3420548 VAT No: GB609085927 Registered Office: Randalls Road, Leatherhead, Surrey, KT22 7RY England

By using this website you agree to comply with and be bound by the Terms and Conditions set out below including the Disclaimer and our Privacy Policy. Please read these carefully before proceeding and print a copy for further reference. If you do not agree to the Terms and Conditions and the Privacy Policy, do not use this website. We, Leatherhead Food International Limited (Leatherhead), may from time to time and at our sole discretion modify or add to these Terms and Conditions without notice to you. If you continue to access or use this website you shall be deemed to have accepted the revised Terms and Conditions.

You will be able to use most areas of this website without registering your details with us. However, certain areas of the website are restricted to Members only, for which you will need to be registered.

Please note that we have taken all reasonable care to ensure that the contents of this website are true and accurate in all material respects. That said, the information on this website may be incomplete, out of date, or incorrect. You agree to verify all such information with us before taking any action in reliance upon it.

We have provided hypertext links for your convenience only. We shall not be liable to you for any defamatory, obscene or unlawful content posted upon any third party website which is accessible via one of the hypertext links advertised on our website. You may not link to this website without our prior written consent. If you do wish to link to this website please contact us. Our contact details are set out on our home page.

All right, title and interest (including all copyright, trademark and other intellectual property rights) in the pages of this website are the property of Leatherhead Food International Limited. In addition, the names, images and indicia identifying Leatherhead’s products and services are Leatherhead’s proprietary marks. This site may contain the proprietary marks of Leatherhead’s suppliers, and may contain links to other websites owned by Leatherhead’s suppliers; as such, these suppliers own their respective trademarks, copyrights and all other intellectual property rights contained on this website and on their respective sites.

The reproduction of these pages, in whole or in part, without our prior written consent is strictly prohibited unless for private non-commercial viewing purposes or for other fair uses permitted by the Copyright, Designs and Patents Act 1988.

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Leatherhead or its suppliers without our or their express written consent. You may not use any meta tags or any other "hidden text" utilising Leatherhead's names or trademarks without the express written consent of ourselves or our suppliers.

The compilation of all content included in, or made available through, this website is the exclusive property of Leatherhead or its suppliers and is protected by copyright and database right laws.

You may not extract and/or reutilise parts of the content featuring any of Leatherhead’s or its supplier’s services without our express written consent. 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 reutilisation, any substantial parts of the content of any Leatherhead service or the service of its suppliers without our express written consent. Also, you may not create and/or publish your own database that features substantial parts of any FERA HorizonScan and COI service or refer to “Leatherhead service and the service of its suppliers” without Leatherhead’s express written consent or the express written consent of FERA.

You agree that we may collect, store and use information about you in accordance with the terms of our privacy policy. By continuing to use the website, you will be deemed to have read and agree to be bound by the terms of our privacy policy, which is available at http://www.leatherheadfood.com/privacy-policy

This website does not constitute an offer to sell any products or services to you but instead constitutes an invitation to you to make an offer to purchase the advertised products or services at the advertised price, subject to availability and these Terms and Conditions.

By completing the order form and clicking on the "Buy Online" button to forward your credit/debit card details you are offering to buy the products or services listed in your order. We will confirm the availability of the products or services in your order and notify you if there have been any changes in the price of the goods and/or services you have ordered. If there has been any change in the price of any of the products or services, we will enquire whether you still wish to proceed. All prices on this website are exclusive of VAT and delivery costs, where applicable, in the United Kingdom. An additional charge will be made and debited from your credit card account to cover the cost of making any delivery outside of the United Kingdom. We will endeavour to deliver your order within 14 days, failing which you shall be entitled to cancel the agreement and to request us to refund any monies debited from your credit or debit card.

Please note that your order will not be accepted and that no binding contract will exist between us until such time as we send you an email notifying you of the acceptance of your order. The email shall be deemed to be effectively communicated to you on the date it is sent by us to you, even if it is not received by you.

3.1 Any products that you order will be at your risk from the time of delivery.

3.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of any products ordered, including delivery charges.

4.1 If you are dealing with us as a consumer you have the right to cancel any contract between us for the supply of goods within 7 working days from the date you receive the goods. If you cancel your order for the supply of goods within this time, then we will refund the price paid by you for the goods (subject to any audio or video recordings or computer software being returned in their unsealed packaging). You must return the goods at your own expense.

5.1 Subject to your compliance with these Terms and Conditions and with your agreement to comply with the applicable individual product Terms and Conditions and your payment of any applicable fees, Leatherhead or its providers grant you a worldwide, non-exclusive, non-transferable, non-sub licensable right to access the Leatherhead services and/or FERA HorizonScan/COI services. This licence (single-user, 2-50 simultaneous users or unlimited simultaneous users, 51+) does not include any resale or commercial use of any Leatherhead or its supplier’s service or contents to reflect the options shown in the price list and to make clear usage restrictions. All rights not expressly granted to you in these Conditions of Use or any applicable individual product terms are reserved and retained by Leatherhead or its licensors, suppliers, publishers, rights holders, or other content providers.

The licenses granted by Leatherhead terminate if you do not comply with these Terms and Conditions and the conditions contained in the individual product’s Terms of Use.

6.1 If you use any Leatherhead service or service supplied via Leatherhead, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, 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 password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or 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 Your Account area of the website.

6.2 You must not use any Leatherhead service: (i) in any way that causes, or is likely to cause, any Leatherhead service, or any access to it, to be interrupted, damaged or impaired in any way; (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or (iii) to cause annoyance, inconvenience or anxiety.

6.3 We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable Terms and Conditions, guidelines or policies.

7.1 The information and products provided on this website are on an "as is" and "as available" basis. Save as specifically set out in this paragraph 7, no warranties, conditions or representations of any kind, express or implied, are given on this website and no oral advice or other written information, not incorporated within these Terms and Conditions, shall be deemed to create a warranty.

7.2 If you are a consumer we also warrant that any goods purchased from our website are of satisfactory quality and fit for all purposes for which goods of that kind are commonly supplied.

7.3 Your sole and exclusive remedy for any breach of these warranties shall be the replacement or repair of any defective goods or the refund of the price of the goods (including the price of any postage you may have paid), or the re-performance of the services or refund of the fee for the provision of the services, in each case at our sole discretion. We hereby exclude to the fullest extent permitted by the applicable law all other warranties, conditions or representations of any kind, express or implied.

7.4 In respect of the online services supplied by Leatherhead, we will do our utmost to ensure that availability of the online services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the online services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

7.5 Leatherhead will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Leatherhead services.

7.6 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have services provided within a reasonable time or to receive a refund if the services you have ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

7.7 The laws of some countries do not allow, some or all of, the limitations described above. If these laws apply to you, some or all of, the above limitations may not apply to you and you might have additional rights.

7.8 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

8.1 You assume all responsibility and risk for the use of this website and the Internet generally.

8.2 Under no circumstances shall we be liable for any indirect, incidental, special or consequential damages or loss of profits that result from the use or inability to use this website and/or any other websites that are linked to this site, or for any services or products purchased from the website, even if such loss or damage was reasonably foreseeable to us or we were advised of the possibility of your incurring these damages, except to the extent that such liability may not be lawfully excluded under applicable law.

We shall not be liable for any such damages including, but not limited to, reliance by you on any information obtained via the website or which result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorised access.

Our total liability for any claim for direct loss shall not exceed the amount of the fee paid by you for any products or services provided by us. Our maximum liability to you for any loss claim or damage whatsoever shall not in any event exceed an amount equal to the sums paid by you for the product or services provided by us.

Notwithstanding the above, we do not exclude or limit our liability in respect of death or personal injury arising from our negligence or for any other matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

9.1 If any part of these Terms and Conditions is unenforceable, the enforceability of any other part of these Terms and Conditions will not be affected.

10.1 A person who is not a party to any agreement which is subject to these Terms and Conditions has no right under the Contract (Right of Third Parties) Act 1999 to enforce any term of that agreement; but this does not affect any right or remedy of a third party that exists or is available, apart from that Act.

11.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address set out below either by post, facsimile transmission or electronic mail and all notices from us to you will be displayed on this website from time to time. You agree that all arrangements, notices or other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.

12.1 These Terms and Conditions and any documents expressly referred to in them represent the entire agreement between us in relation to the subject matter of these Terms and Conditions and supersede any prior agreement, understanding or arrangement between us whether oral or in writing.

13.1 Any statements made, any services provided on this website or contracts concluded for the sale of our products via this website are governed by the laws of England and Wales. By using this website you agree to submit to the exclusive jurisdiction of the English Courts. The language for the conclusion of any contract between us is English.

Leatherhead Food International Limited

VAT No: GB609085927

Registered Office: Randalls Road, Leatherhead, Surrey, KT22 7RY England

Fax No: + 44 (0) 1372 386228

Email: help@leatherheadfood.com

This Privacy Policy explains how we, Leatherhead Food International Limited, use the personal information we collect about you and how you can instruct us, if you prefer, to limit the use of that information and the procedures we have in place to safeguard your privacy.

1.1 You may browse this website on an anonymous basis as no personal information (names, addresses, email addresses, etc.) is collected until you register on the website. Any personal information which you provide to us, including your registration information and email address, will be treated as confidential and will be used (a) to improve the quality of our services, (b) to keep you informed of any new products or services that we are able to provide, (c) to process any order you may make and to send your purchases to you and (d) in the case of credit card transactions, to enable checks to be undertaken to prevent the fraudulent use of credit card numbers.

1.2 We may also use your details for the purposes of providing statistical analysis for the use of this website. We may share this information with other companies in our group, potential purchasers of the business and their advisers or with Netbanx to enable it to approve all credit card transactions, but we will not disclose your personal information with any other third parties unless we are permitted to do so by law or if you have given your prior consent.

1.3 Whilst we will make every effort to ensure that we will keep your information secure on our own systems, we cannot guarantee that any information sent to us by you via the Internet will be 100% secure.

1.4 Leatherhead Food Research is registered under the terms of the Data Protection Act 1998 and we ensure that we comply with all the protection that the act affords you.

1.5 By submitting your registration information you consent to the use of your personal information in the manner set out in this policy.

The Internet is not a secure medium. However, we have put in place various security procedures as set out in this policy. All of your card details are passed from your browser to Worldpay using encryption.

Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.

We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.

You can write to us at any time (details of which are set out in paragraph 6.2) to obtain a copy of your information and to have any inaccuracies corrected. Where appropriate, you may have your personal information erased, rectified, amended or completed.

Please quote your name and address. We should be grateful if you would also provide brief details of the information of which you would like a copy of, or which you would like to be corrected (this helps us to more readily locate your data).

We will require proof of your identity before providing you with details of any personal information we may hold about you.

As a customer of ours you may from time to time receive further communications on and news of other products or services which may be available from us, including by electronic means. If you would prefer not to receive such communications or updates, please send an email message to us detailing the addresses to which such further communications should not be sent, including email addresses for electronic communications. If you wish to cease receiving any electronic communications, please send a message back to us at the address referred to below or on the relevant communications with the words “unsubscribe” in the header of your message. Please also provide details of the email address to which further electronic communications should not be sent.

By submitting any personal information (including, without limitation your payment details) to us you consent to the use of information as set out in this policy. We reserve the right to amend or modify this Privacy Policy and if we do so we will post the changes on this page. It is your responsibility to check the Privacy Policy every time you submit information to us or place an order. Use will signify that you agree to any such changes.

In the event that the purposes for processing change, we will contact you as soon as practicable and seek your consent where such notification relates to a new additional purpose for processing.

Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area. Countries outside of the EEA may not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try and protect the security of your information.

This site gives users the following options for changing and modifying information previously provided, or to notify us of your preferences:

6.1 You can send emails to fwebadmin@leatherheadfood.com

6.2 You can send mail to the following postal address: Leatherhead Food Research Limited, Randalls Rd, Leatherhead, and Surrey, KT22 7RY, UK. Marked F.A.O. Jonathan Gordon-Smith

6.3 You can call the following telephone number: +44 (0)1372 822264

We make use of cookies to collect information about your use of our site. The Interactive Advertising Bureau (IAB) provides independent guidance for Internet users on the use of cookies at: www.allaboutcookies.org

Before we write a cookie to your PC we will request your permission to do so. When you first visit this part of the website, we send you a cookie. A cookie is a small data file that webservers send to your browser so that the webserver can identify you as you use the site.

We may use sessional cookies to collect statistical information about your use of the website. These sessional cookies are deleted from your computer once you have completed your order or use of the site, and they do not store, collect or relate to any of your personal information.

We do use persistent cookies to be able to recognise you when you next visit this website so that you do not have to log in again and so that we can refer to information about the services or products that you are interested in to provide you with a more efficient online service.

You should be able to alter the preferences on your Internet browser to block all cookies or to give you the opportunity to decide whether to accept or reject it. Alternatively, please contact us (details in paragraph 6) for assistance. If you decline to accept a cookie from us, you will have to re-enter your username and password each time you visit the website and some functions may not be possible. We apologise for this inconvenience. However, we need to positively identify you before we show you restricted access material and/or when you purchased items or services. We will adhere to any guidelines issued by the Information Commissioner on the use of cookies on websites.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact our Privacy Practitioner Jonathan Gordon-Smith by using the contact details provided above.

We accept payment by Mastercard, Visa, Maestro and American Express.

This website does not constitute an offer to sell the products to you but instead constitutes an invitation to you to make an offer to purchase the advertised products subject to availability and our Terms and Conditions.

By clicking the ‘Buy Online’ button below you are offering to buy the product listed in your order, subject to these Terms and Conditions and the individual products Terms of Use. A contract will come into existence between us when the subscription becomes valid. We shall have no obligation to you prior to the date of the contract. Click here to view our Terms and Conditions.

The “Buy Online” button, will take you onto a secure server, where your Credit Card details will be encrypted whilst they are on the Internet.

Verification of your credit card details, and receipt of an email confirming details of your order, does not constitute our acceptance of your order. In the highly unlikely event of an item being out of stock, your money will be refunded.