Legal

Terms of Use
Human Rights Commitment
Supplier Code of Conduct

TERMS OF USE

Last update: September 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS. MAKE SURE THAT YOU UNDERSTAND AND AGREE TO ALL THE TERMS AND CONDITIONS ESTABLISHED IN THESE TERMS OF USE. 

 

These Terms of Use are issued by BroadGrain Commodities Inc., and its affiliated companies, BroadGrain Holdings Inc., BroadGrain Argentina S.A., BroadGrain Africa Ltd., BG Commodities DMCC, Bogu (Tianjin) International Trading Ltd., Everdere Logistics (Barbados) Ltd., and BroadGrain’s participation in its joint venture La Societe d’Importation et de Fabrication des Aliments de Bétails SPA (collectively, “BroadGrain”). 

If you require any clarification, you may contact us about these Terms of Use by email at broadgrain@broadgrain.com or by mail at: 18 King St. East, Suite 900, Toronto, Ontario, Canada, M5C 1C4.

 

1. Introduction

You may access most areas of our site https://www.broadgrain.com  (“Website”) without registering your details with us.  

By accessing any part of the Website, you shall be deemed to have accepted these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave the Website immediately.

Our Privacy Policy also applies to your use of the Website and you should read this in full before using the Website.

BroadGrain may revise, amend and modify these Terms of Use at any time by updating this posting. You should check the Website from time to time to review the then current Terms of Use, because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website. You should take care to read such supplemental notices, as applicable.

The Website provides material for general information purposes. Nothing on the Website shall be construed as an offer to sell or to buy from BroadGrain or as confirmation of stock of any product, price, quality or any other feature. If you would like to discuss or enter into a commercial transaction with BroadGrain you should contact one of our offices listed on the Website.  

 

2. License

You are permitted to print and download extracts from the Website for your own use provided no graphics on the Website are used separately from the corresponding text; and BroadGrain’s copyright and trademark notices and this permission notice appear in all copies.

In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining an express license in written form to do so from BroadGrain.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by BroadGrain. For the purposes of these Terms of Use, any use of extracts from the Website other than in accordance with this Terms of Use for any purpose is prohibited. If you breach any of the terms in these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Any rights not expressly granted in these terms are reserved.

 

3. Visitor material and conduct

We process information about you in accordance with our Privacy Policy. By using the Website, you confirm that you have read and acknowledged the terms of our Privacy Notice; and you warrant that all data, including personal data, provided by you is accurate and up to date.

You may only use the Website for lawful purposes. You may not use the Website: 

  • in any way that breaches any applicable local, national or international law or regulation, in any country in the world;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • You shall not reproduce, duplicate, copy or re-sell any part of the Website, except as set out in clause 2.

You may not misuse the Website (including, without limitation, by hacking) and in particular, you shall not:

  • access without authority, interfere with, damage or disrupt:
  • any part of the Website;
  • any equipment or network on which the Website is stored; or
  • any software used in the provision of the Website; or
  • introduce computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other material that is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

BroadGrain shall fully co-operate with any law enforcement authorities or court order requesting or directing BroadGrain to disclose the identity or locate anyone breaching this clause 3 or the Terms of Use, in any way.

 

4. Links to and from other websites

You are not allowed to link your website to BroadGrain’s Website without previous, express and written consent for that specific purpose from BraoadGrain. 

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. 

BroadGrain does not endorse or make any representations about third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

 

5. Disclaimer

While BroadGrain makes its best efforts to ensure that the information on the Website is correct, BroadGrain does not warrant the accuracy or completeness of the material on the Website. 

Although BroadGrain makes reasonable efforts to update the information on our site, BroadGrain makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

BroadGrain does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Website. You should use your own virus protection software.

 

6. Liability

BroadGrain, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and each of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BroadGrain provides you with the Website on the basis that BroadGrain excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.

Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and BroadGrain has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


7. Governing law and jurisdiction

These Terms of Use, their subject matter and their formation, are governed by Canadian law. You and BroadGrain both agree to the non-exclusive jurisdiction of the courts of Ontario, Canada. BroadGrain retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. 

Human Rights Commitment

1. INTRODUCTION

1.1 BroadGrain Commodities Inc., and its affiliated companies, BroadGrain Holdings Inc., BroadGrain Argentina S.A., BroadGrain Africa Ltd., BG Commodities DMCC, Bogu (Tianjin) International Trading Ltd., Everdere Logistics (Barbados) Ltd., and BroadGrain’s participation in its joint venture La Societe d’Importation et de Fabrication des Aliments de Bétails SPA (collectively, “BroadGrain”) is committed to treating people with dignity and respect in the workplace and in the communities where we do business.

1.2 We take guidance from the International Labour Organisation Declaration on Fundamental Principles and Rights at Work. This Commitment contains overarching principles that affect our operations.

1.3 It is the duty of governments to protect and fulfill human rights. As a private company, we are committed to respecting human rights, starting with areas where we have the most control and influence, and where we can have the greatest impact. All our employees have a role to play in respecting human rights.

1.4 No matter where we operate, BroadGrain strives to comply with the spirit and the letter of the law. Where local laws are less stringent than our Commitment, we will seek to operate in accordance with this Commitment.

 

2. PROMOTION OF WORKPLACE THAT IS SAFE, EQUITABLE AND FREE FROM DISCRIMINATION AND HARASSMENT

2.1 Our Respect in the Workplace Policy, available locally in each BroadGrain company, serves as the foundation for the behaviors expected from all our employees. Every employee of each BroadGrain company receives a copy of this policy.

2.2 In this Commitment, we extend on this foundation with the following:

2.2.1 Health & Safety: We are committed to conducting all our business activities in a manner that protects the health and safety of our people.

2.2.2 Equitable: We apply equitable hiring practices and meet or exceed all applicable laws regarding working conditions. We respect the freedom of association and employees’ right to choose to form or voluntarily join trade unions and collectively bargain. Migrant or temporary foreign workers are accorded treatment and protection equal to other workers. BroadGrain does not use or tolerate the use of human trafficking, forced labor or child labor. In particular:

the recruitment, harboring, transportation, provision, or obtaining of a person for work or services through force, fraud or coercion for the purpose of involuntary servitude or slavery;
any work or service not of free will, exacted under threat of penalty, including practices such as restricting movement or imprisonment, withholding wages or identity documents to force a worker to stay on the job, or entangling workers in fraudulent debt; and any work or service by children exposing them to risks that can harm physical, mental or educational development.
2.2.3 No discrimination or harassment: We foster an inclusive work environment free of harassment and discrimination. We value the full range of perspectives and talents of our diverse employees. This includes, for example, diversity of ethnicity, gender, disability, race, religion, sexual orientation, gender identity and expression and national extraction. We make every reasonable attempt to provide religious accommodation to all employees.

3. REPORTS AND REMEDIES
3.1 We take all stakeholder concerns seriously and handle them promptly, fairly, and as confidentially as possible. Any concern or report from external parties may be submitted using contact information that is on the company website. Employees can also raise issues with their local manager or human resources representative. BroadGrain will not tolerate retaliation against anyone who, in good faith, raises a concern or participates in an investigation.

Supplier Code of Conduct

BroadGrain’s Supplier Code of Conduct (“the Code”)

In the below, “Supplier” means you as well as your sub-contractors, including self-employed workers, agents, brokers and traders. “BroadGrain” means BroadGrain Holdings Inc. and its subsidiaries BroadGrain Commodities Inc., BroadGrain Argentina S.A., BroadGrain Africa Ltd., BG Commodities DMCC, Bogu (Tianjin) International Trading Ltd., Everdere Logistics (Barbados) Ltd., and BroadGrain’s participation in its joint venture La Société d’Importation et de Fabrication des Aliments de Bétails SPA.

Compliance with laws

  1. All laws are complied with and required permits are held, for the countries where the Supplier operates, as well as for all other applicable international laws and regulations.

 

Forced labour and child labour

  1. Under no circumstances will forced labour or child labour be used, including trafficked labour, indentured labour, bonded labour, prison labour or other forms of slavery.
  2. Workers enter and leave employment freely and are not required to surrender any identity or personal papers, pay a deposit for their employment or be confined to Supplier premises, eg. in dormitories.
  3. Workers are free to terminate their employment after a reasonable notice period without penalty, as agreed in the terms and conditions of employment.
  4. Under no circumstances are individuals employed under the local legal minimum age for work or mandatory schooling, whichever is applicable.

 

Anti-bribery & corruption

  1. All forms of corruption, including bribery, extortion, embezzlement, kickbacks, bid-rigging and fraud are prohibited and prevented through adequate procedures. Bribery of public officials or private organization officials as well as facilitation payments are covered by this prohibition.
  2. The Supplier must maintain the highest ethical standards. The Supplier is prohibited from offering anything of value to BroadGrain employees to improperly obtain or retain business. This does not apply to de minimis gifts in line with BroadGrain’s internal policies.

 

Working environment

  1. Supplier shall provide a safe, healthy, and sanitary working environment compliant with local employment law, including standards on working hours, minimum wages and health and safety.
  2. Supplier shall implement procedures to prevent workplace hazards, and work-related injuries.
  3. Supplier shall ensure any facilities used meet applicable building codes and construction standards, in particular without limitation covering proper fire, water, lighting, sanitary and emergency exit standards.
  4. Supplier shall operate in compliance with all applicable environmental laws relating to waste disposal, emissions, discharges, and hazardous materials.
  5. Supplier shall respect, and shall not interfere with, the right of workers to decide whether to lawfully associate with groups of their choice, including the right to form or join trade unions and to engage in collective bargaining.

 

Discrimination and harassment

  1. Supplier shall not discriminate in hiring, compensation, or any other employment practice based on race, national origin, gender, sexual orientation, religion, age, family status or disability.
  2. Supplier shall not subject workers to corporal punishment, or physical, verbal, sexual, or psychological abuse or harassment or condone or tolerate any of the above behaviours.

If it is established that a Supplier is involved in breach of this Code, then BroadGrain will review the continuation of business with such Supplier and retains the right to cease business with them. Supplier agrees:

  1. a) that all entities affiliated with the Supplier will comply with this Code; and
  2. b) to take at its own cost any action reasonably required by BroadGrain to:
    (i) verify compliance by all entities of the Supplier group with this Code; and
    (ii) rectify any non-compliance by an entity of the Supplier group within the timeframe stipulated by the BroadGrain.

If BroadGrain terminates a contract with Supplier due to a breach of this Code, without prejudice to any amounts owing or any other pre-existing liabilities to BroadGrain, neither the Supplier nor any affiliate of the Supplier is entitled to claim compensation or any further remuneration, regardless of any activities or agreements with additional third parties entered into before termination.