Terms & Conditions
LEGAL
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!
1.2 These terms of use (the “Terms of Use”) set forth the legally binding terms for accessing, using and visiting any and all web pages and related services and materials of the website www.agflow.com (the “Website”), and the platform http://new.aglow.com powered by AgFlow SA, Rue Abraham Gevray 6, 1201 Geneva, Switzerland (“AgFlow”), and in particular for using AgFlow’s market intelligence platform (the “Platform”). Materials and data that are delivered directly by AgFlow and not through The Platform (this might be via email, extract, API or any other delivery method) are subject to the same terms and conditions as contained herein this agreement. The Platform is a specific area of the Website and that reference or mention of the Website encompasses, as the case may be, the Platform.
1.3 These Terms of Use, and any subsequent versions thereof as the case may be, are made available on the Website.
2 _ ACCEPTANCE AND MODIFICATION OF THE TERMS OF USE
2.1. By accessing the Website, you (“You” or the “User”) acknowledge that you have read, understood and accepted, without reservation, these Terms of Use, as modified on occasions by AgFlow as the case may be. If You do not agree to these Terms of Use, You should not use the Website.
2.2. AgFlow is a young and ever-evolving company. Our features will be updated and upgraded to always better satisfy the needs of the market. As our platform evolves, so will our Terms and Conditions. AgFlow may, in its sole discretion and without notice, modify or revise these Terms of Use at any time. Any modification, update or revision of these Terms of Use shall become automatically effective and binding as from the date of their publication on the Website. It is Your responsibility to consult and revert to the last available version of these Terms of Use as posted on the Website prior to access and/or use the Website.
3 _ COPYRİGHT AND INTELLECTUAL PROPERTY
3.1 Principle
The Content and namely but not exclusively the data, texts, marks, logos, diagrams, photographs, videos, sounds, layout, designs, know-how, technologies, products, and processes and other material published on the Website, are the property of AgFlow or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. All rights not expressly granted in these Terms of Use are reserved to AgFlow and its licensors and/or its affiliates.
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 writing.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, with the exception of Content supplied by you, is provided solely for Your information, entertainment and/or educational use. Using AgFlow as a price fixing tool is strictly forbidden unless provided with the 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 writing. 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 held responsible for any loss or damage due to the use of this content.
4.3 Use of Hypertext 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. By clicking on the links to other websites that AgFlow provides you with, you will be bound to the Terms of Use of that website. If there are any conflicts between the Terms of Use of the website you are visiting and AgFlow’s, Terms of Use of that website will govern during the time you use it and Terms of Use of AgFlow will govern during the time you use AgFlow.
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. In particular, You agree not to use or violate the Content in any manner inconsistent with these Terms of Use and, in particular, You shall always respect all rights granted or restrictions set forth herein. Pursuant to these Terms of Use, AgFlow grants You a personal, non-exclusive, non-transferable to Third-parties and revocable right to access the Website, to use its different functionalities and displayed Data, under the following conditions:(a) You may neither, under any circumstance, alter or modify any part of the Website, nor attempt to, or encourage or assist any other person to, circumvent or modify any component of the Website;(b) You are not allowed to share your user credentials with anyone for any reason. You are responsible for any damage or loss resulting from the use of the website by third parties with your account, even if the action takes place from your registered devices or from any other unknown device; (c)You are not allowed to modify, edit, translate, adapt, or disassemble the Content or to create derivative works based upon the Content;(d) You may not use or attempt to use, engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, offline readers, avatars, worms, or intelligent agents) or any other automated system which may have the purpose or effect to detrimentally affect the Website, to navigate or search the Website other than generally available third party browsers;(e) Your use of the Website requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Website involves hardware, software, and Internet access, Your ability to use the Website may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your own and sole responsibility;(f) You agree to use the Website at Your sole risk. In particular, You agree that AgFlow shall assume no liability for content that You may find to be offensive, indecent, or objectionable. In case You find something on the Website to be offensive, indecent, or objectionable, please contact AgFlow and report the problem;(g) You shall not market and sell any data published on the Website, whether publicly or in access-restricted areas, unless such data have been provided or generated by You or You have been specifically authorized by AgFlow in written to do so.
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 held responsible for such communication between the users.
7.2 Trialists
Trialists are AgFlow users who have free access to the restricted area of the website for 3 days as a standard timestamp. AgFlow reserves the right to Limit, end or extend this time at any time without any reason. Once you become a Trialist you acknowledge and accept the fact that ; (a) you may have limited access to the content at AgFlow’s option; (b) You are bound to Terms of Use of AgFlow; (c) you will receive marketing materials and subscription offers with a subscription form via any kind of communication channel; (d) Trialists have personal, non-transferable to Third-Parties access to the platform. They are responsible for any loss or damage due to sharing access credentials, even with colleagues, which is strictly prohibited. Trialists do not have to subscribe to the platform after the trial period ends. In order to continue using the platform the trialists have to accept and sign a subscription contract. Trialists will not be charged for any service unless they wish to continue using the website. AgFlow reserves the right to change any of these procedures in this Terms of Use without notification.
7.3 Subscribers
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.
7.4 Contributors
Contributors are AgFlow users who may submit, publish, and share content in accordance with the email agreements and/or Contributor Contracts made with AgFlow. AgFlow reserves the right to decline some or all of the content shared by the Contributor or reject the request of any User to become a Contributor. Contributors understand that whether or not such content or related data is published, it will be associated with Their Account. Notwithstanding the above, AgFlow retains the right (but has no obligation) to monitor and decide whether such content complies with the content requirements of AgFlow and, as the case may be, without prior notice and at its sole discretion, remove such content and/or terminate the User’s Account for uploading content which is in violation of these Terms of Use. It is the Contributors’ responsibility to keep the contact details accurate and updated.
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://new.agflow.com/signup_sales” 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 addresses. 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 a 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_PAYMENT
10.1 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 the the “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 are 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 stated 1 (one) month in advance in writing by the subscriber or AgFlow . If the user fails to notify in writing 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 1 (one) months in advance in writing.
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 by Contributor, 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 request termination, this request must be made in writing 1 (one) month in advance.
13 _ LICENSE GRANTED BY YOU
13.1 Principle
When You contribute or publish or post content to AgFlow, You grant:(a) To AgFlow, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Website and otherwise in connection with AgFlow’s business, including for, but not limited to, promoting and redistributing part or all of such content (and derivative works thereof) in any media formats and through any media channels;(b) To each Member, a worldwide, non-exclusive, royalty-free license to access Your content on the Website, notably through the Platform, and to use, reproduce, prepare derivative works of such content to the extent permitted under these Terms of Use.
13.2 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 7.5 above.
14 _ PRIVACY POLICY
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.
14.3 Duration
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
The Website may display content of, and/or contain links to, third party sites that are independently run sites outside of the Website domain. Please read each third party site’s privacy policy carefully, since it may differ significantly from this Section. AgFlow is not responsible for the privacy policies or practices of third party sites to which You choose to link from the Website.
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
Without prejudice to section 17 hereinafter, any material, information and all that you find on the website are furnished to you “as is”, in function of their availability, and without guaranty of any sort, express or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose. AgFlow does not guarantee that its Website or its content will correspond to your expectations, will not be interrupted, timely, secure and free of error. Some jurisdiction may not allow certain limitations of warranties, so some of the above exclusions may not apply to you. Any advice or information, be it oral or written, obtained from AgFlow or during the use of services made available on the Website, shall not give rise to any guarantees which are not expressly provided for in these Terms of Use.
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
19.1 Severability
In case a provision or a condition provided in these Terms of Use becomes or is held to be, for whatever reason, invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of these Terms of Use. The meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and, as the case may be, the User accepts that a similar condition will apply, that is as close as possible with the purpose and consequences of the invalid or unenforceable provision. If no feasible interpretation would save such provision, it shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect.
19.2 No Waiver
The fact that AgFlow tolerates a violation by Yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
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 support@agflow.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
These Terms of Use shall be governed, interpreted and construed by, under and pursuant to the substantive laws of Switzerland, without reference to its conflict of laws.
20.2 Jurisdiction
Any dispute, controversy or claim arising out of or in relation to these Terms of Use, including the validity, invalidity, breach or termination thereof, shall be decided exclusively by the ordinary courts of Geneva (canton of Geneva), Switzerland.Thanks for reading our Terms and taking the time to learn about our policies!
