Terms & Conditions
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!
Important points: You have to acknowledge our T&C in order to use our website. AgFlow reserves the right to modify and revise them.
2. CONTENT, OPERATION AND USE OF THE WEBSITE
2.1. Content. The Website contains (i) Two separate areas: a public website and a restricted are 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 shares 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”).
2.2. Links. As a service to our Users, the Website may contain hypertext links leading to other websites that are not operated or controlled by AgFlow. AgFlow shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy, functions or use. In particular, AgFlow assumes no responsibility whatsoever for the availability or non availability of such websites or resources and is not liable for any loss or damage which may be incurred by You as a result of your visiting or using such websites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products, services or other materials on, or available from, such websites or resources.
Important points: Although AgFlow provides its users with links to other websites, AgFlow is not responsible for their content as well as the use of their content.
2.3. 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.
Important points: AgFlow will do its best to keep the platform running at all time, but is not responsible would the platform experience some issues or should it shut down.
Important points: Access is personal and at the user’s risk. the platform should be used solely for lawful purposes in accordance with AgFlow’s T&C. The user cannot modify the platform, use it to create derivative works, use navigation tools that may affect the Website, or use its data for lucrative puposes, unless allowed otherwise by AgFlow. The user should use adapted devices to access the Website. Contact AgFlow should you find inadapted content.
3.1. Account. In principle Users who are not Members are free to visit parts of the Website without being obliged to provide any of their personal data. However, in order to (i) use certain benefits (such as subscriptions to newsletters), (ii) use certain services (such as access to and sharing of the Data), (iii) participate in certain activities (such as submitting, publishing or sharing content and/or data), or (iv) communicate with other Users, Users are required to register with AgFlow, setting up an account, and to provide certain personal data in connection therewith, in order to become an specifically authorized User of the Website and of the Platform ( (a “Member”).
3.2. Registration Process. When You register on the Website and open a User Account (the “Account”), You must ensure that the mandatory registration information You provide is correct and complete. After having completed the registration process and having been granted an access to the restricted area of the Website, notably the Platform, you will receive a confirmation email.
3.3. Password. When registering to use the Website, You will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of Your password and any action undertaken on the Website with Your Account, even without Your knowledge.
3.4. Use of Personal Data. Further information regarding the different types of personal data that are required is provided on the Website.
AgFlow’s privacy practices is further detailed in Section 8 below. Notwithstanding the above, you are kindly asked to inform AgFlow about changes of address or other modifications by updating Your personal details on the Website without delay.
3.5. Term and Termination. As a rule, Your Account will remain effective until the end of the period corresponding to Your subscription. This period may be renewed as further detailed in Section 4.5 below. By way of exception, AgFlow reserves its right to close Your Account prior to the period corresponding to Your subscription, at any time and 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 (as defined below). There will be no refund if the termination occurs for cause or at the User’s initiative.
Important points: In order to have full access to the platform, the user needs to provide AgFlow with accurate personal information. The user is responsible for the actions that are undertaken on the platform with his account. The account will remain effective until the end of the suscription, but AgFlow can terminate any account after explaining the reasons. Depending on the reason, AgFlow will refund a portion of the fee.
4. SUBSCRIPTION – RENEWAL
4.2. Offer. Depending on the selected options and/or Your specific case , You will receive, together with the confirmation email, an offer form detailing the terms and conditions of the subscription (the “Offer”), notably, amongst other elements, (i) the contemplated duration of the subscription plan, (ii) the number of accesses You want to buy, (iii) the corresponding fees due by You to AgFlow, (iv) the billing period and frequency, and (v) AgFlow’s bank details. Please note that, by accepting the Offer, You will be bound by the terms thereof and become a Member.
4.3. Upgrades or additional accesses. If, at any time, You decide to increase the number of accesses, please contact us directly. AgFlow will include this change of subscription in Your next invoice, prorated to its period of activity.
4.5. Subscription Renewal. Any Account will be automatically renewed at the end of the period of subscription unless expressly terminated with a prior written notice of one month. In the absence of receipt of a timely written termination notice, You will be deemed to have renewed your subscription on the same standard terms as to the period, number of accesses and billing frequency. Fees may be adapted in accordance with the procedure mentioned in Section 4.4. (a).
Important points: After subscribing, you are bound by the terms and conditions of AgFlow. Contact AgFlow should you decide to modify your options. AgFlow may change the fees, but that would not affect running subscriptions, and members will be informed. Renewal is automatic. Unless otherwise specified, fees are non-refundable. Contact AgFlow should you need to terminate your subscription.
5. COPYRIGHT AND INTELLECTUAL PROPERTY
5.2. Publicly Accessible Area. The publicly accessible Content is provided solely for Your information, entertainment and/or educational use. 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. 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.
5.3. Restricted Area (the Platform). The restricted Content, to the exception of Content supplied by you (as covered in section 6) is provided solely for Your information, entertainment and/or educational use. 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. 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
5.4. 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 13.2, and AgFlow will address Your claim without delay.
Important points: Any information, public or restricted on AgFlow is protected by intellectual property laws. Public content is informational, for personal use and at user’s risk. Contact AgFlow should you have any claim concerning IP rights.
6. CONTENT SUPPLIED BY YOU
6.2. IP Rights. You retain all of Your ownership rights in Your content, but You are required to grant limited licence rights to AgFlow and other Members, upon the terms and conditions set forth in Section 7 below. You agree that any content that You 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 You 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 7 below.
6.3. Liability. You understand and agree that You are solely responsible for Your 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.
Important points: AgFlow can remove inappropriate content. The poster of the content retains his ownership rights, but agrees to grant limited licence rights to AgFlow. The user is legally responsible for his content.
7. LICENSE GRANTED BY YOU
7.2. Duration. 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 6.2 above.
Important points: Posting on the platform grants AgFlow all the rights to use your data, and each member gets the rights to use them to the extent permitted by the T&C. These rights are perpetual and irrevocable.
8.1. Processing of Personal Data. AgFlow does not collect personally identifiable information from Users unless Users voluntarily provide it (except cookies; see below Section 9). 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 (i) provide accurate, current and complete information about You as may be prompted by any registration forms on the Website; (ii) maintain the security of Your password and identification; and (iii) maintain and promptly update Your personal data, and any other information You provide to AgFlow, to keep it accurate, current and complete.
8.2. 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.
8.3. 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.
8.4. 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.
8.6. 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 13.2.
Important points: Once an account is created, the user is not anonymous to AgFlow, is responsible for activity on his user account, and allows AgFlow to process and use communicated data. The user should take consideration of third-party sites T&C, of which AgFlow is not responsible. AgFlow records information on its servers from the user’s browser. AgFlow may collect non-peronal information for aggregate statistic use. Contact AgFlow should you need to modify personal data.
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.
10. DISCLAIMER OF WARRANTIES
Important points: No information found on AgFlow is guaranteed to correspond to the user’s expectation.
11. 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.
Important points: All use of the Website is at the user’s risk.
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.
Important points: AgFlow cannot be held liable.
Important points: One invalid point does not affect the validity of other points in the T&C.
13.2. Contact Details. The website under www.agflow.com and the services on this page and any related subdomains are owned and operated by: AGFLOW SA Passage des Lions 6, 1204 Geneva, Switzerland [email protected]
14. GOVERNING LAW & JURISDICTION
Important points: governed by the Swiss laws and enforceable by the ordinary courts of Geneva, Switzerland.