1 _ INTRODUCTION
1.1 AgFlow is primarily a source of user-generated information. We therefore stand as a neutral third-party data supplier.These Terms & Conditions are first and foremost intended to protect the supplier and the user of this data, as well as our platform.It contains, among other things, information relative to the use of the website, to the creation and renewal of users account, and to intellectual property and use of uploaded content.Please read these Terms carefully, and contact us should you have any questions.Thank you for your interest in AgFlow!
3 _ COPYRİGHT AND INTELLECTUAL PROPERTY
3.2 Publicly Accessible Area
The publicly accessible Content is provided solely for Your information, entertainment and/or educational use. Using AgFlow as a price fixing is strictly forbidden unless explicit authorization of AgFlow. It shall not be copied, reproduced, republished, distributed, uploaded, posted, transmitted, displayed, modified or used without AgFlow’s express prior written permission. In particular, You shall not use in any manner any of the Content on any other site, online service or networked computer environment, unless specifically authorized by AgFlow in written.You may download, display or print the publicly accessible Content solely for personal use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material You download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the publicly accessible Content, in whole or in part, and by any means, is strictly prohibited, except upon prior written consent of AgFlow. Any material downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. AgFlow neither warrants nor represents that Your use of any Content displayed on the Website will not infringe rights of third parties and consequently assumes no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Website.
3.3 Restricted Area (the Platform)
The restricted Content, to the exception of Content supplied by you is provided solely for Your information, entertainment and/or educational use. Using AgFlow as a price fixing is strictly forbidden unless explicit authorization of AgFlow. It shall not be copied, reproduced, republished, distributed, uploaded, posted, transmitted, displayed, modified or use without AgFlow’s express prior written permission. In particular, You shall not use in any manner any of the Content on any other site, online service or networked computer environment, unless specifically authorized by AgFlow in written.You may download, display or print the restricted Content solely for personal use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material You download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the publicly accessible Content, in whole or in part, and by any means, is strictly prohibited, except upon prior written consent of AgFlow.Any material downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.AgFlow neither warrants nor represents that Your use of any Content displayed on the Website will not infringe rights of third parties and consequently assumes no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Website
3.4 Copyright Notification
In case You consider that a Content or a Data is displayed on the Website in violation of Your own intellectual property rights or those of any third party, You shall contact AgFlow with all necessary information at the contact details mentioned below under Section 19.3, and AgFlow will address Your claim without delay.
4 _ CONTENT
4.1 Definition of the Content
The content of the website includes but not limited to: (i) Two separate areas: a public website and a restricted area for registered and logged-in users; (ii) Data collected and/or generated by AgFlow itself; (iii) Data collected from third-party public sources; (iv) Data collected from third-party data vendors; (v) Data collected, generated, and published by registered Members; (vi) Data about the Members and their respective companies; (vii) Visual content uploaded and shared by Members (such as, but not limited to, logos, photos); (viii) General information on AgFlow’s business policies; (ix) News threads, comments, discussions; (x) Hyperlinks to third party, and (xi) data on the agricultural commodities and their related industry (the “Data”) ((i) to (xi) collectively, the “Content”)
4.2 The purpose of the Content
AgFlow gives the above content as informational purposes. AgFlow will take all necessary precautions to provide accuracy; but AgFlow does not guarantee full accuracy of the content. AgFlow shall not be hold responsible for any loss or damage due to the use of this content.
4.3 Use of Hypertext Links
4.4 Forward Looking Statements
The Content may include forward-looking statements based on assumptions and expectations of AgFlow itself and/or any of the content suppliers stated in 4.1. Forward-looking statements are subject to risks and the reality may be different than expectations. AgFlow does not guarantee any realization of any forward-looking statements and shall not be liable for any damage or loss caused due to action taken by the Users upon such statements.
5 _ OPERATION OF THE WEBSITE
AgFlow uses commercially reasonable efforts to maintain the Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, AgFlow identifies any bugs, errors, technical problems, or defects, then it will immediately assign technicians to address and resolve the issue. AgFlow does not warrant that Your access to the Website will be uninterrupted, or that the Website will be available at all times. AgFlow can assume no liability or responsibility for any delay, interruption, or downtime. AgFlow uses commercially reasonable efforts to ensure that the Website is protected from viruses and other destructive software, but AgFlow cannot guarantee that the Website or any part thereof will at all times be free from such destructive software. AgFlow does not assume any liability for any damage to computer equipment or other property that may result from the use of the Website. AgFlow will do its best to keep the platform up and running, but cannot ignore potential issues. AgFlow reserves the right to discontinue operation of the Website at any time for any reason in its sole discretion, and to make modifications to the operation of the Website at any time in its sole discretion.
6 _ YOUR USE OF THE WEBSITE
You undertake to use the Website only for lawful purposes, notably with a view to potentially subscribe to, or order, AgFlow’s products and services, to benefit from, store and share relevant Data, or to receive information that are specific or related to the nature of the Website.
7 _ DEFINITION OF AGFLOW USERS
7.1 Definition of the Purpose
AgFlow categorizes its users to provide relevant service and procedures to all users. All users of AgFlow, regardless of their category which are identified as but not limited to the following; trialists, subscribers and contributors, shall acknowledge that AgFlow is not a trading platform, therefore AgFlow does not promise or interfere in any business between any of the users. AgFlow is not liable for any loss or damage due to trades, or interactions between users. AgFlow shall put its best efforts to take immediate action against abusive or offensive communications between the users via AgFlow communication channels or in any other environment; but AgFlow does not guarantee the prevention of such circumstances and cannot be hold responsible for such communication between the users.
Subscribers are AgFlow users who are charged for a specific service of AgFlow at the User’s option according to the payment plan AgFlow provides with. Subscribers are not allowed to share their login details even internally. They are responsible for all damage and loss due to sharing access credentials.
7.5 Contributors – IP Rights
Contributors retain all of Their ownership rights in Their content, but They are required to grant unlimited licence rights to AgFlow and other Members, upon the terms and conditions set forth in Section 13 below. They agree that any content that They submit will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless They have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant AgFlow the licence referred to in Section 13 below. The specifications of the content the Contributors will feed AgFlow shall be agreed prior to giving Contributor access rights in. Contributors acknowledge and accept that they might have limited access to the services at AgFlow’s option which will be identified in agreement prior to giving access rights. AgFlow reserves the right to make different agreements with each contributor according to data requirements AgFlow’s internal content policy. Contributors are obliged to fulfil their agreement during the time they have free access. Contributors understand and agree that They are solely responsible for Their content and related data, as well as for the consequences of posting or publishing it. AgFlow does not endorse any content, data or any opinion, recommendation, or advice expressed therein, and AgFlow expressly disclaims any and all liability in connection with such content, data and the like.In this respect, You represent and warrant that You have (and will continue to have during Your use of the Website) all necessary licenses, rights, consents, and permissions which are required to enable AgFlow to use and publish Your content on the Website.
8 _ REGISTRATION
By signing up to AgFlow from “https://app.AgFlow.com/p/signup” with the information required You will be registered to AgFlow. All information given must be accurate and professional details. Users are responsible for all legal consequences of incorrect information during registration. AgFlow might enforce some restrictions to registration requirements such as but not limited to using company domain email address. When you click the sign-up button, you will receive a link to validate your email. You will be granted access to the restricted area upon activation of your account via validation email. You might not receive this email for various reasons. In such cases, please contact AgFlow. This procedure gives the users 14 days of free trial as a standard, at AgFlow’s option. AgFlow reserves the right to decline your sign-up request or decrease, end or extend your access period.
9 _ SUBSCRIPTION
9.1 Subscription takes place upon making relative payment to a specific service AgFlow provides for specific period of time. AgFlow will provide the subscription details here. and/or in the subscription form you will receive upon your subscription request. Users can subscribe to a limited service or to a full service at their option, which have different payment plans. AgFlow does not guarantee immediate updates to those services in the given links in this Clause but it guarantees the latest service and payment plans in the subscription form. In case of a conflict between the website and the subscription form, the subscription form is the governing document.
9.2 You can subscribe individually or to an enterprise plan. Enterprise plans include multiple numbers of accesses as agreed with the client at a different price than the individual plans. Enterprise plans are not included into the payment page. Subscription to an enterprise plan is subject to an “Enterprise Plan Contract”. In the case of a conflict between the Terms and Conditions hereunder and the Terms and Conditions of the Enterprise Plan Contract, the Terms and Conditions of the Contract will govern.
10.1 All payment fees except the enterprise plan are announced on AgFlow’s payment page. Users can pay by credit card or bank transfer according to the subscription plan you choose. AgFlow reserves the right to change the payment plans and methods any time without notification.
10.2 Users accept and acknowledge that “Subscription Contract”, which will be provided by AgFlow is a legal document. By signing it, you agree to execute all relative payment in 7 (seven) days after the signature.
10.3 Failure to execute the payment will lead to interruption in the service and legal actions.
10.4 AgFlow does not guarantee the immediate update of the payment page according to present services and payment plans. AgFlow reserves the right to change service and payment options any time without notifying the Users. Subscribers will not be affected by any of these changes during their current subscription period.
10.5 All transfer costs is at the User’s risk. AgFlow has the right to consider the payment not executed, and ask for the balance amount in case any transfer cost is deducted from the total amount.
11 _ RENEWALS
11.1 All accounts will be renewed automatically unless otherwise is stated by the subscriber 1 (one) month in advance in written. If the user fails to notify in written to end the subscription, the user accepts all the charges and responsibilities related to the renewed service.
11.2 The automatic renewals will be executed according to your latest subscribed plan. In your renewal notification emails, you will be offered for upgrades to AgFlow’s other and/or new services. Your subscription will not be automatically upgraded unless stated by you otherwise.
12 _ TERMINATION
12.1 AgFlow’s Right to Terminate
AgFlow reserves the right to terminate any User account in any user category without any reason at any time and with or without evident cause.
12.2 Termination of Subscription Accounts
As a rule, Your Account will remain effective until the end of the period corresponding to Your subscription. By way of exception, AgFlow reserves the right to terminate Your account with or without evident cause, immediately after the sending of a brief explanatory email to the User. If Your Account is closed without evident cause, AgFlow will refund a prorated portion of your Subscription Fee. There will be no refund if the termination occurs for cause or at the User’s initiative. In case the User demands termination, termination request must be made in written 1 (one) months in advance in written.
12.3 Termination of Trial Accounts
Violation of Terms and Conditions hereunder will result in termination of the free access. AgFlow reserves the right to terminate any time with or without evident cause without notification.
12.4 Termination of Contributor Accounts
Violation of Terms and Conditions, decrease in frequency in sharing, inaccuracy of the shared content or any violation of the terms agreed during the contribution agreement will lead to termination. AgFlow reserves the right to terminate any contributor account at any time with or without evident cause. In case the Contributors requests termination, this request must be made in written 1 (one) month in advance.
13 _ LICENSE GRANTED BY YOU
The above licenses granted by You on Your content published on the Website are perpetual and irrevocable, but are otherwise without prejudice to Your ownership rights, which are retained as set out in Section 7.5 above.
14.1 Collection and Processing of Personal Data
AgFlow primarily collects personally identifiable information from Users during their registration. Once Users register with AgFlow, set up an Account and/or sign in to the “log in” field with it, they are not anonymous to AgFlow. In consideration of Your use of the Website, You agree to (a) provide accurate, current and complete information about You as may be prompted by any registration forms on the Website; (b) maintain the security of Your password and identification; and (c) maintain and promptly update Your personal data, and any other information You provide to AgFlow, to keep it accurate, current and complete. AgFlow may also collect personal information from third parties such as but not limited to; your colleagues, our event partners, our service providers, publicly available websites and/or databases for marketing and/or maintaining information accuracy purposes.
AgFlow does not publish any personal information unless; (a) the Users are registered to AgFlow and no longer anonymous, (b) the Users give authorization to AgFlow to do so. AgFlow uses User information for business related purposes such as, registration, administration, marketing and events, research, development, customization and surveys. Users accept and acknowledge the fact that the information they provide during registration will be public to other AgFlow users.
14.2 Information Security Policies
AgFlow has its own information security policies which protects the User information except for the Terms stated in Section 14.1. AgFlow endeavours to keep sensitive information about the Users confidential. AgFlow identifies sensitive information as such, but not limited to; (a) information except the basic contact details the phone numbers such as but not limited to; User name, company name, phone numbers, email addresses, fax numbers, company address and country, Users’ business title, publicly known area of business, (b) bank account information, credit card details and accounting details; (c)non-business related personal information such as political view, religion, social security number, information related any type of personal life and preferences, criminal record and medical record. (d) business secrets if known for any reason.
AgFlow shall not be liable for any circumstances when sensitive data is known to third parties by; (a) reasons beyond AgFlow’s control, (b) the mistake of third parties who are not AgFlow’s employees, shareholders or contractors (c)AgFlow’s database is reached through illegal actions by third-parties, (d) Legal obligations.
AgFlow will keep personal information as long as the company needs it for business or legal purposes. The information may be kept even after the termination of the access, at AgFlow’s option.
14.4 Internet Based Advertising
Users shall hold the right to request being excluded from Internet Based advertising. Users accept and acknowledge the fact that this request does not necessarily mean they will stop receiving marketing materials. This clause only guarantees the fact that this advertisement will not include you or your company whatsoever.
14.5 Electronic Communications
AgFlow mainly uses electronic means of communication to interact with their clients. Both AgFlow and the Users shall accept and acknowledge the fact that all communication may be recorded and kept for future reference and all written electronic communication shall be satisfactory in terms of legal actions.
14.6 Compliance with Swiss Data Protection Act
Any personal data communicated to AgFlow is processed and used by AgFlow, which will, if applicable, act as the data controller within the meaning of the Swiss Federal Act on Data Protection, of 19 June 1992 (the “Data Protection Act”). Such personal data are processed and used by AgFlow in accordance with the Privacy Act. AgFlow will process the personal data for the following purposes: (i) the promotion of AgFlow’s activities; (ii) management of Members (client management); and (iii) performance of agreements has entered into.
The Member hereby gives his/her/its free and informed consent to AgFlow to process and use any personal data communicated by him/her/it to AgFlow.
14.7 IP Identification
Regardless of any formal registration, web servers automatically identify Your computer by the IP address assigned to it during Your session online. AgFlow also automatically receives and records information on its server logs from Your browser including Your IP address which identifies Your computer, AgFlow’s cookies information and the page You requested.AgFlow logs the User’s IP address but, unless the User has voluntarily registered as a Member, it shall not link IP addresses to any personally identifiable information. IP addresses of Users are used for systems administration purposes only. AgFlow shall use such data in order to establish internal statistics and to improve the quality of the services delivered to the User. In practice, this means that the User’s session will be tracked, but the User will not be identified. However, AgFlow may use IP addresses to identify Users when it is necessary to enforce compliance with any legal obligation, these Terms and Conditions, or to protect the Website and/or other Users.
14.8 Non-Personally Identifiable Information
AgFlow may also collect and process non-personally identifiable information in aggregate form to track data and for statistic purposes (the total number of visits to the Website, the number of visitors to each page of the Website, the third party links that are shown in using the Website and the domain names of the Users’ internet service providers, etc.) .AgFlow may use this information, which remains in aggregate form, to understand how Users use the Website so that AgFlow may improve it and the services which are offered.
14.9 Third-Party Links
14.10 Right to Access
You have the right to access and update your personal data or to require their deletion. AgFlow endeavours to ensure that Your personal data are up to date, accurate and complete. If You wish to access, correct or delete Your personal data held by AgFlow, please contact AgFlow at the contact details mentioned below under Section 19.3.
15 _ COOKIES
The Website makes use of “Cookies”.The Website places cookies only for the purposes of carrying out or facilitating the transmission of a communication over an electronic communications network or providing an information society service explicitly requested by the User, such as registering the User’s acceptance of the general conditions, registering a User’s language selection during a browser session and registering that the User has performed a payment. The User can install his/her web browser in such a way that his/her browser provides information about the reception of a cookie or makes it possible to refuse the placing of a cookie. However, the User should be aware of the fact that, if he/she refused the placing of cookies, some parts of the Website may not function properly or may be inaccessible or the requested information, service or activity may not be supplied.
16 _ DISCLAIMER OF WARRANTIES
17 _ LIMITATION OF LIABILITY
You access, use, browse and navigate on the Website at Your own risk and peril.You recognise and accept that, to the fullest extent permitted by applicable regulations, neither AgFlow, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by AgFlow), capable of arising from (i) Your access to, or use of, or on the contrary the impossibility to use, the Website or its content, (ii) unauthorized access of the Website, (iii) statement or conduct of any third party sites linked from and to it and any materials or information posted on it, (iv) reliance on the data gathered by AgFlow or furnished by any other member, and (vi) any other matter relating to the Website. All materials which are downloaded or obtained by any other manner during the use of the Website are at your own risk, hazard, and peril. AgFlow assumes no liability for any damage or virus which could affect Your computer equipment or other property by reason of Your access to, use or downloading of any material from its Website or for any illegal intrusion or intervention in the IT systems. AgFlow reserves the right to interrupt or discontinue any or all of the functionality of its Website. AgFlow accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Website resulting from actions or omissions of AgFlow or any third party.
18 _ INDEMNIFICATION
You agree to defend, indemnify and hold AgFlow and any of its officers, directors, employees and agents harmless from and against any and all claims, actions, liabilities, costs, settlement payment, interest, award, judgment, diminution in value, fine, fees, penalty, damages or other charge asserted by any third party rising from or related to Your use of the Website or conduct in connection therewith, or otherwise arising from or related to Your use of the Website and/or of the Data. You further agree to pay AgFlow’s reasonable attorney’s and expert witness’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this Section.
19 _ MISCELLANEOUS
19.2 No Waiver
19.3 Contact Details
The website under www.agflow.com and the services on this page and any related subdomains are owned and operated by:AgFlow SABd. Rue du Rhone 42, 1204 Geneva, Switzerland. Contact email is email@example.com.
19.4 Additional Documents
You may be bound to additional documents such as but not limited to agreements, forms or contracts according to requirements of AgFlow. In case of a contradiction between the additional documents you are asked to accept and/or sign and this Terms and Conditions, the terms on the additional document will govern.
The duration of the Terms in the Additional Documents before the signature is 14 (fourteen) days after the receipt of the Document by the Client. In case the relative documents are not duly signed and returned in due time, the Client is subject to new Terms although signed by the Client after this 14 days period.
20 _ GOVERNING LAW AND JURISDICTION
20.1 Governing law