General Conditions and Terms of Use of Agroterra Tecnologías Agrarias, S.L and its website agroterra.co.uk
Terms and Conditions Version 01/01/2010
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEB SITE AND ITS CONTENT. Please be aware that by using this web site, either as a subscriber or as a visitor, you agree and accept to abide by the Terms and Conditions herein. Should you not agree with these Terms and Conditions, you must refrain from using this web site.
ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS
The Terms and Conditions herein regulate the legal relationship between Agroterra Tecnologías Agrarias, S.L (hereinafter 'Agroterra') and you, as user of the Agroterra products and services (hereinafter 'the User'), and more specifically access to agroterra.co.uk web service and to any web services using the brand and/or name 'Agroterra' (the 'Service'). The use of any product or service, including without limitation, materials, information, content, software, pictures, illustrations, designs, icons and any other content already included or which may be included in the future on this web site (collectively called the “Content”) is subject to the Terms and Conditions (the 'Terms') herein, and your use of any of these products and service indicates your acceptance of these Terms.If you are signing up on behalf of your Business, you agree to abide by the Terms herein and certify that you are an authorised representative of your business with the right to bind your business to these Terms.
CHANGES TO THE GENERAL CONDITIONS AND TERMS OF USE
Agroterra may, at any time, change the Terms of the service. Any changes to these Terms will take effective immediately upon the posting of the revised Terms on this site. Please return to this site and review these Terms from time to time to find out about any amendments. The use of the Service indicates your acceptance to the changed made.
ADDITIONAL TERMS
The use of customer service and its Contents shall comply with the Terms, the Privacy Policy and the Additional Terms that may be in place for specific materials (collectively called “Terms” of Agroterra or “Service Terms”). The use of the Agroterra service, registration, as well as the purchase or subscription of any of Agroterra products or services will be deemed as acceptance by the User of Agroterra Terms. The Purchase Order or subscription shall not, in any way, be in contradiction with these Terms, unless this is expressly stated in the said Terms. Should you not agree with these Terms, you will not be authorised to access the Service or its Contents.
REGISTRATION
Access to the Service may be free of charge for some specific contents, it may require payment, or it may be limited to subscribers only.
Registration, purchase or subscription by the User indicates the User’s acceptance to provide reliable and complete information. It is the responsibility of the User to keep this information updated. Once registration is completed, you will receive the user ID and a password which are different for each User. You may, at any time, change the password by accessing your personal account.
AUTHORISED PERSONS. LICENCES
The use of the User ID and password is restricted to one single person. If the User buys one single license he/she is aware and accepts that he/she will be the only person authorised to use the access keys.
Should the subscription be made by an Organisation, the service will only be used by as many users as licenses bought by the Organisation. To such effect, LICENSE is defined as a single, individual and non-transferable access given to those individuals allowed to use the service within each Organisation. The person appointed by the User as Account Administrator will be able to set up and update the information of the authorised users to access the service the User has subscribed to up to the number of licenses bought. In this case, the use of the Service by the end Users indicates that the Terms and General Conditions have been expressly accepted. In some cases, Agroterra may provide unlimited access from the User’s IP range, by requiring or not, the creation of personal account by the end Users using the Service.
The User is aware and accepts that the Service can only be used by those who have effectively bought it. Sharing or transferring access information to other individuals or Organisations is strictly forbidden. Sharing a subscription among several organisations it is also forbidden, even if the number of licenses subscribed is sufficient. It is the responsibility of the User to ensure that non-authorised third parties access the access data or, whenever appropriate, not to share its IP range with the said parties.
ACCESS TO WEB SITE, LICENCE AND LIMITED USE
Agroterra grants the User a non-exclusive, individual and non-transferable, revocable and limited license to access and use the Contents bought in accordance with the Terms herein.
The User acknowledges that the use of the Contents is under the User’s sole responsibility.
The User can mention the documents included in the Service as well as to reproduce non-relevant parts of it. Except for the aforementioned case, the User cannot copy, duplicate, reproduce, sell, download, re-sell, re-publish, or transmit any part of this web site or its Content, whether be for commercial or non-commercial use. The User cannot sublicense, decompile, rent, sell, reverse engineer, or create works derived from this web site or its Content. The User cannot use framing techniques to hide the brand, logo or other parts of the web site without prior written consent from Agroterra.
The User cannot use automated software or manual process, such as robots or spiders to copy or monitor the Agroterra service and/or its Content without prior written consent from Agroterra. The User cannot manipulate or use Agroterra Content to create publications and/or services of any kind and, specifically, those that could be compared to or compete with, in any way, with the publications and/or Content Agroterra offers now or may offer in the future. The inclusion of Agroterra contents into any data base, of any type, regardless of its format, whether they be of private or public access, by subscription or for free is expressly forbidden.
USER CONTENT
When adding or providing any content, information or material to this web site (such as labels, logos, comments, key words, documents, product names and descriptions, product and business details and others) the User grants Agroterra a perpetual, worldwide, free of charge, irrevocable and non-exclusive right and license to use, reproduce, change, adapt, post, make public, translate (including automatically), create works derived from or distribute the said materials or include them in any form, means and technology currently known or which may be invented in the future. By the statement included in the Service that a content will be “private” it shall be understood that Agroterra will make every effort possible to make this content only available to the said User in general, although due to the nature of the Internet itself, Agroterra cannot ensure that third users may, from time to time, access the said content, either due to a technical error or any other cause. The User must be aware of these conditions and shall not make claims against Agroterra, its subsidiaries and owned businesses on this basis.
The User declares that the personal content provided does not violate third party Intellectual Property rights. Should there be any claim, the User shall be solely liable and shall not hold Agroterra, its subsidiaries and owned businesses responsible for any alleged violation of the Intellectual Property right with regards to any content or information provided by the User to the web site.
CONTENTS INCLUDED. COPYRIGHT
Agroterra shall give the User access to the contents available upon subscription for the period agreed. Nonetheless, Agroterra shall have the right to change, at any time, the content or features of its products and services to adapt them to its sales or product strategy, without being a cause for an early termination of the service.
All Contents included in the Agroterra Products and Services are subject to the Industrial and Intellectual Property rights of Agroterra and/or third parties. Access to the Service or to the said contents by the User does not imply any kind of waiver, transfer and assignment, entirely or partially, of the said rights and it does not confer any right to use, license, alter, exploit, reproduce, distribute or make public the said contents, other than the rights expressly described in the general conditions herein, without prior authorisation expressly given to such purpose by Agroterra. The User is not deemed owner nor has any rights on Agroterra Contents, and expressly acknowledges that the Service and Contents of Agroterra on this web site are protected by Industrial and Intellectual Property rights.
The User undertakes to maintain any reference to copyright, trademarks or patent on all printed documents, included in the Agroterra products and services.
The Service includes contents provided by third parties. Agroterra does not make its own the opinion expressed by third content providers or by the authors. Agroterra accepts no responsibility for any error, omission, opinion, non-update or statement made on its web site on the content offered by third parties. Agroterra respects the Intellectual Property Rights and complies with the current legislation.
NO LEGAL ADVISE PROVIDED
Under no circumstances it shall be deemed that Agroterra is offering business or legal advice, or that there exists a client-lawyer relationship, or that some of the information provided by the User is protected by the confidentiality of sources.
Agroterra, and third content providers, do not offer any warranty, express or implied, with regards to the Service and its Contents, the quality or the appropriateness for specific ends, accuracy, update or completeness. Agroterra may, from time to time, translate specific documents. The User knows that such translations are for information purposes solely to get a general sense of the original document. The responsibility to ask for a professional translation from a third party falls under the User.
SUPERVISION AND NON-AUTHORISED ACTIVITIES
Agroterra reserves the right to oversee and keep the User entries to the Service and Content, the User’s search historical record, the User’s IP access to the site, as well as to perform an investigation on possible violations of these Terms. Agroterra will cancel the access to the Service whenever patterns of use are contrary to these Terms are detected, especially if there is an unusually high level of non-authorised user access or the information is used for commercial purposes.
The User undertakes to refrain from using the Service and its Contents for unlawful ends that are forbidden in these Terms, or may in any way break Agroterra’s or third party’s rights, or may damage, disable, overload or spoil service or hinder the normal use thereof. Unless proven otherwise, it will be understood as unlawful the use of web page downloading software. In such cases, Agroterra will be entitled to cancel the service, invoice the downloads at a one time purchase price, and claim for damages.
TERMINATION. AUTOMATIC RENOVATION
Agroterra will be able to automatically terminate the contractual relationship without prior notice: (a) Whenever an invoice or payment due is not paid within the agreed period; (b) in the event there is a breach by the User of any of the clauses included in the Terms herein, as well as in the Special Conditions applicable to specific products, services or contents.
All subscriptions are automatically renovated for the same agreed period, and in accordance with the prices applicable at the time, upon expiration of the agreed period, unless you give formal notice of your non-renovation intention. Such notice shall be given prior to the automatic renovation date. The obligations of the User with regards to the Content will continue after the termination of the contract.
VALIDITY
The declaration of nullity, invalidity or ineffectiveness of any of the conditions set out herein will not affect the validity or effectiveness of the other conditions, which will continue to be binding on the parties hereto. To the effects of the contractual relationship all references to days will be understood as done on calendar days. Should the due date of an obligation fall on a non-business day, the new due date will be the following business day.
APPLICABLE LAW AND JURISDICTION
The Terms herein are governed, unless otherwise provided in the subscription form, by the laws of Spain, regardless of the nationality of the Agroterra production and services distributors. The parties expressly accept to abide by the Courts of Valencia (Spain) and renounce any other legislation.
MISCELLANEOUS
Payment
For products and services by subscription, or in the modality payment by document, Agroterra will invoice the User each of the services provided based on the prices listed on the purchase order or on its web page. Return expenses will be paid by the User.
Agroterra can change, at any time, its products and services applicable prices. In the event of a delay or default of any amount Agroterra will be entitled to: (1) Request the advanced payment of any amount due; and/or (2) Cancel the access to the Service until the settlement of the debt; and/or (3) Cancel the Service; (4) Authorise a debt collection agency to collect the corresponding payment and transfer the information required for that purpose.
Advertising
Agroterra shall not by any means be liable for any information published on its web page by any advertiser or sponsor. Compliance with the law in force is the sole responsibility of the advertisers.
Indemnity
By using this web site the User agrees to indemnify Agroterra, its subsidiaries and owned businesses, third party content providers, and affiliates, managers, consultants, employees, subcontractors, agents or successors of all of them, for any claim, damage or payment resulting from a failure to comply with the Terms set out herein.
Signature of the Agreement
License holder, prior identification through user ID and password, will be able to operate under the general conditions herein. Both parties agree to legally compare the ID use with the holder’s signature.
Yielding
The User cannot yield or subcontract its duties. In the event that the User yields its duties to any third party, even if it is to a business from the same group, Agroterra will be entitled to cancel the Service and the User will not have the right to place any claim.
Industrial and Intellectual Property Rights
All Agroterra trademarks, copyrights, graphics and logos available on this web site are property of Agroterra and protected by law, and cannot be copied, transmitted or reproduced by any means, fully or partially, without prior written consent from Agroterra.
Privacy and Protection of Personal Data
The User expressly accepts the Protection of Personal Data Policy made available by Agroterra. The client expressly authorises Agroterra to use any contact details indicated in the order form to contact him regarding any concern related to payment or debt collection.
