FORACO Australia

Terms and Conditions

1.    Purpose of  Personal Date Protection Charter

FORACO undertakes, in the course of its activities and in accordance with the applicable legislation, to ensure the protection, confidentiality and security of the Users personal data using Foraco website, as well as to respect their privacy.

By connecting to or consulting FORACO website, you acknowledge that you have read, understood and accepted, without limitation or reservation, this “Personal Data Protection Charter” (the “Charter”) and the general terms and conditions to use the website.

2.    Collect and Use of Personal Data

We may ask you for personal data for the use of certain services. Depending on the services you subscribe to, you will be asked to provide certain information, mandatory or optional, such as your name and email address (“Personal Data”). In our online form, the required fields are marked with an asterisk. If you do not answer the mandatory questions, we will not be able to provide you with the requested information.

If you are on the mailing list for financial (or other) information by e-mail, you may opt out of receiving such information either as indicated below or by following the instructions at the end of these e-mails when you receive them.

3.    Cookies

The Foraco website (www.foraco.com.au) uses cookies. The user is informed that, during his visits to the site, a cookie may be automatically installed on his browser. These files, stored on your computer, are used to facilitate your access to the services offered by FORACO. A cookie is a block of data that does not allow the user to be identified but is used to record information relating to the user’s navigation on the site. The purpose of using these cookies is to carry out traffic analyses, audience measurements, statistics and traffic volumes in order to improve the quality of the site, as well as to identify you when you connect to the site. Site cookies do not contain any personally identifiable information and are only used to keep this site running smoothly.

You can prevent these “cookies” from being saved by configuring your computer by disabling this option in your browser settings. However, if you configure your browser to refuse all cookies (including cookies essential to user functions), it is possible that some essential and/or partial functions of our website may not be accessible.

4.    Communication of Personal Data

FORACO reserves the right to disclose at any time any information from the site concerning users, in order to satisfy legislative or regulatory requirements and to report to the competent authorities information concerning violations of the regulations applicable to the site by users as well as any activity that may be illegal.

FORACO does not sell any personal information to third parties.

5.       Right of opposition, right of access, modification and deletion of Personal Data

 In accordance with the regulations in force, you have the right to access, modify, rectify, delete and oppose for legitimate reasons the processing and distribution of your personal data.

To this end, the user is invited to contact FORACO at the following address: dataprotection@20.188.47.23

 In accordance with the legislation protecting personal information, the right of access to Personal Data is a personal right that can only be exercised by the concerned person in relation to his or her own information. The user acknowledges that he or she is authorized to produce the personal information concerned.

However, the data controller reserves the right to refuse any request that would be considered abusive.

6.       Personal Data Process

FORACO makes every effort to process Personal Data in accordance with the intended purpose. FORACO sets a duration of conservation according to the nature of the Personal Data collected and of the purpose of their collection.

7.       Security

FORACO implements appropriate measures to preserve the security and confidentiality of Personal Data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties.

8.       Modification

FORACO reserves the right to update and modify the provisions of this Charter as necessary and without notice.

The user is invited to review the terms of this Charter regularly so that he/she is aware of how FORACO uses Personal Data.

By connecting to or using the www.foraco.com website, you acknowledge that you have read, understood and accepted, without limitation or reservation, these General Conditions of Use of the Foraco website (“General Conditions of Use”) and the Personal Data Protection Charter.

These General Terms and Conditions of Use may be modified or supplemented at any time, so users of the website are invited to consult them regularly.

Legal Information

The website www.foraco.com is the property of FORACO INTERNATIONAL, SA a company with a capital of €1,371,306, whose registered office is 26 plage de l’Estaque, 13006 Marseille, France.

T +33 (0)496 96 15 13 60
F +33 (0)496 9615 13 61
marseille@foraco.com

RCS Marseille B 412 824 682
APE code : (6420Z)

Intracommunity VAT N°: FR77412824682

© FORACO 2021

Preamble

The terms ‘FORACO’ and ‘FORACO group’ are sometimes used for practical reasons and generally refer to Foraco International (the holding company) and/or its subsidiaries. Similarly, the terms “we”, “us”, “our”, “our” refer to the Company or any other company of the Foraco group. It cannot be deduced from the mere use of these expressions that Foraco International or any of its subsidiaries are involved in the business or management of another company of the Foraco group.

Information on activities

Foraco has created the Site to present certain activities of the Foraco group. The information is provided as part of general information, without any guarantee of suitability for a particular purpose. Foraco may modify and update them at any time and without notice.

Access to the Site

Foraco strives to keep the Site accessible, however, access to the Site may be interrupted for maintenance, updating and any other reason, particularly technical. Foraco is in no way responsible for these interruptions and the consequences that may result for the user. The interruption of access to the site may under no circumstances result in the payment of damages to the user.

Hypertext links set up on the Site

The Site may include links to other websites or other Internet sources. To the extent that Foraco cannot control these external sites and sources, Foraco cannot be held responsible for the availability of these sites and other external sources, and will not be held responsible for the content, advertising, products, or services available on or from these external sites or sources. In addition, Foraco cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use or reliance on the content or services available on these external sites or sources. The use of these sites by the user is the sole responsibility of the user.

Copyright and intellectual property

The photographs, texts, slogans, images, videos and slogans included in this site are the property of Foraco and/or third parties who have authorized Foraco to use them. The logos and icons represented on the Site are protected by copyright.

Any reproduction, representation, use, adaptation or modification, by any means whatsoever and on any medium whatsoever, of all or part of the site, of all or part of the various works that compose it, without having obtained the prior authorization of FORACO is strictly prohibited and constitutes a counterfeiting offence and may result in civil and/or criminal legal proceedings and the payment of damages.

All information on the Site (documents contained in the Site as well as all elements created for the Site) are the property of Foraco and its subsidiaries and are subject to applicable intellectual property regulations.

No license or right other than the right to consult the site is granted to users of this site. The reproduction of documents on the site is authorized for exclusive information purposes for personal and private use: any reproduction and any use of copies made for other purposes is expressly prohibited in accordance with the provisions of the applicable regulations on intellectual property. Foraco reserves the right to assert its rights before any competent court.

Any request should be addressed to the attention of the Communication Department, Foraco.

Personal data protection policy

Click on this link to view FORACO’s privacy policy.

Disclaimer

The information available on the site is provided by FORACO in good faith. This information is deemed to be correct at the time it is published on the site. However, FORACO excludes any liability and/or guarantee with regard to the completeness and accuracy of this information. In no event shall the Company be liable for any damages that may result from the reliance on or use of such Information.

FORACO declines any interpretation that aims to assimilate the content of its site to offers to purchase or incentives to acquire FORACO shares.

No guarantee, express or implied, is given as to the commercial nature of the information provided, nor as to its suitability for a given purpose.

In addition, the user will always act in good faith in connection with his use of the website. FORACO reserves the right to modify or correct the content of its sites at any time without notice.

Financial information

The documents on the site may contain “forward-looking” information or statements within the meaning of applicable stock exchange regulations. These statements and information include estimates, forecasts, information and statements regarding management’s expectations regarding, among other things, FORACO’s future financial or operating performance and capital and operating expenditures.

Forward-looking statements and information are necessarily based on a number of estimates and assumptions that, while considered reasonable by management, are inherently subject to significant business, economic and competitive uncertainties and contingencies.

Readers are cautioned that these forward-looking statements and information are not guarantees and there can be no assurance that such statements and information will prove to be accurate and that actual future results and events could differ materially from those anticipated in such statements.

Important factors that could cause actual results to differ materially from FORACO’s expectations are discussed in the “Risk Factors” section of FORACO’s Annual Information Form, which is filed with the Canadian Securities Exchange Agency on SEDAR (www.sedar.com).

FORACO expressly disclaims any intention or obligation to update or revise any forward-looking statements and information, whether as a result of new information, future events or otherwise. All written and oral forward-looking statements and information attributable to Foraco or persons acting on our behalf are expressly and fully qualified by the foregoing cautionary statements.

Limitation of liability

FORACO shall not be liable for any direct, indirect or consequential loss or damage caused to the user or its equipment in connection with the Site, whether in connection with the use, inability to use or the consequences of the use of the Site, and any content published on it, and in particular in the event of loss of income, loss of business, loss of profits or contracts, loss of expected savings, loss of data, loss of customers, loss of management or working time.

FORACO makes its best efforts to provide the Site in accordance with the state of the art in terms of security and confidentiality. However, FORACO cannot guarantee absolute security and cannot be held liable in the event of malfunction, impossibility of access, or poor conditions of use of the Site due to unsuitable equipment, internal malfunctions of the user’s Internet service provider, congestion of the Internet network, or for any other reasons beyond its control.

Thus, FORACO does not provide any guarantee as to the absence of computer viruses or any other malicious or harmful computer program or the absence of hacking or other security breaches on the Site or on the websites linked to it. It is the user’s responsibility to ensure that they are using appropriate antivirus software.

FORACO reserves the right to modify or interrupt, temporarily or permanently, all or part of the Site, without notice or compensation of any kind, which the user accepts. Similarly, FORACO cannot be held responsible for any errors, interruptions or unavailability of information.

Contact information

If you have any questions about the terms of use of the website, please contact us by email at the following address: dataprotection@foraco.com

Applicable law and disputes

The General Terms and Conditions of Use are subject to French law. Any dispute not settled by settlement will be brought before the competent courts.

In the event that one of the provisions of the General Terms and Conditions is declared null and void, such provision shall be interpreted in such a way as to best reflect the intentions of the parties and the remaining provisions shall be deemed to be automatically applicable.

The non-application or absence of a claim that Foraco has applied any of the provisions of the General Terms and Conditions of Use or any right shall in no way be interpreted as a waiver by Foraco of such a provision or right.