1. Parties identification

This legal notice regulates access and use of the services on the website www.Agrigateone.com (hereinafter the Website) that Agrigate One created in order to provide a software system which connects buyers and sellers with fresh produce. Agrigate One Limited (hereinafter AgrigateOne) is a limited company whose head office is located in 22 Chancery Lane, London, United Kingdom, postal code WC2A 1LS.  The contact e-mail address is: [email protected].

The user, visitor, or customer (hereinafter the Customer) have recognized sufficient capacity to contract and to have read, understood and accept these General Terms of Business and use of this Website (hereinafter AG1U). These AG1U relate to Customers when using the term User. Access, retention in the Website and the use by the User means the reading and accepting these AG1U and the pages of information that are detailed therein, regarding the privacy policy or terms of accession, if any, that apply. These AG1U do not hinder the establishment by AgrigateOne of other conditions for the recruitment or use of certain services or products that are offered to Users on the website. AgrigateOne hereby also informs the users of this Website that these AG1U are subject to change without notice.

2. Website content

The listed AG1U regulate access and use of the Website and all its content that is displayed or made available to the Customers. AgrigateOne may modify, create, update or remove such content at any time and without notice. It is prohibited to use the Website or its contents with purposes injurious to the property or interests of AgrigateOne or others. AgrigateOne will remove all the data, comments and content in general when it comes to our attention its illicit nature or that they may damage property or rights of a third party liable for damages and alleging, as well as when we consider that they may be characterized as discriminatory, xenophobic, racist, pornographic, or that threaten public order or that, in our opinion, are not appropriate for publication and may in all cases suspend, cancel, delete or block the Customer’s account without generating liabilities to AgrigateOne.

3. Exemption from liability for the content of the Website

AgrigateOne will ensure, insofar as possible, the proper functioning of the Website, its correctness, and the accuracy of what is published in it. However, AgrigateOne is not responsible for any errors or omissions that the contents of the Website could suffer or other content that may be accessed through these or the misuse and incorrect use that users of the Website may incur. AgrigateOne will verify, to the extent of its ability, the accuracy of the information of the profiles published on the Website. AgrigateOne only provides the Customer with a platform, through which they may make trades with other Users; and only agrees to manage the trade in the services offered through the Website. In no case is AgrigateOne responsible for the service to be effectively provided, of its quality or diligence, nor that the trade actually takes place, bearing the Users the sole responsibility for the successful conclusion of its commercial relationships, contracts, agreements and professional contacts between both parties. AgrigateOne is not involved in any communication between Users, beyond the support provided for loading Users onto the system. The Users are responsible for the implementation and enforcement of the agreements they reach with other Users and to fulfil these agreements. AgrigateOne will ensure, as far as possible, the computer security of technical supports used by the User when browsing the pages of the Website. However, because the Internet cannot be considered a safe place, AgrigateOne cannot guarantee the absence of viruses or other harmful elements introduced by third parties, that could damage or alter the computer system, electronic documents or files of the User who visits this Website. Consequently, AgrigateOne is not liable for damages that such elements may cause the User or third party. Similarly, AgrigateOne does not guarantee the service continuity, and does not bear liability for damages of any kind that may be due to the temporary interruption in access to one of the services provided on the system.

 AgrigateOne may not be held responsible, either directly or indirectly, for any damage resulting from misuse of the Website or its contents by the Users, nor for any action taken on the basis of the information provided therein. AgrigateOne may limit access to the Website to opinions, information, comments or images that the Users may upload, so it may install, if deemed appropriate, filters to such effects. The previously referred right does not imply any obligation for AgrigateOne to control the contents that may spread through its Website, but only an expression of its will to avoid, as far as possible, the spill of any contents or opinions that may be considered defamatory, violent, racist, sexist, xenophobic, discriminatory, pornographic, violating youth or childhood, or, in any way, violate principles of morals, public order or morality, or are clearly illicit.

The links contained in this Website may lead the User to other sites and web pages operated by third parties. AgrigateOne is not responsible for the content or condition of these sites and web pages, and access to them through this website does not mean that AgrigateOne recommends or approves of their content.

4. User responsibility for access and use of the Website

This Website offers services that require User registration. By registering online, the User agrees to provide true, accurate, lawful, current and complete information about their identity and the companies identity and any associated members upon registration (name, surname, e-mail address, company information, certification) as requested in the registration form for the Website and the Company information fields on the Website itself. The User is committed to respecting the rights of national and international intellectual property. In that sense, the Website User may not perform any act of exploitation of the content, information and items available on the Website without the prior express written permission of AgrigateOne. Users are solely responsible for the information, images, opinions, or contents of any type that you communicate, lodge, transmit, make available or exhibit through the Website. It is strictly prohibited to use false identities and, in particular, civil identity theft. False profiles will be cancelled immediately and the facts will be made known to public authorities responsible, for the offense to be prosecuted by the appropriate legal channels. You may not use the Website to send advertising or commercial communications of any kind, to broadcast messages with the purpose of advertising or promoting, or for capturing personal data for any purpose, including practices of progressive acquisition of Customers (such as pyramid schemes or chain distribution systems). Likewise, you may not use the Website for sending repetitive or unsolicited e-mails, even if they are not of a commercial nature, to several people. The User who breaches these AG1U shall bear all expenses arising therefrom AgrigateOne, including legal representation and compensation to third parties, but not limited thereto.

5. Intellectual and industrial property

The elements contained on the Website (not limited to images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials, computer programs necessary for its operation, access and use, etc.) are owned by AgrigateOne or its licensors, and no rights may be deemed transferred to the User; including operating rights on them beyond what is necessary for correct use of the Website. It is strictly prohibited to reproduce, distribute, transform, publicly communicate, including any means of making available, as well as any other form of exploitation of all or part of the contents of the Website, in any form or by any means without express written permission from AgrigateOne.

Users may view the Website elements and may print them, copy them and store them on the hard drive of their computer or in any other hardware, as long as this is solely and exclusively for their personal and private use. The User shall not remove, alter, or manipulate any protection device or security system installed on the Website. Reproduction or transmission of the content of this Website is permitted solely for informational purposes, provided that the source is mentioned (author name, URL of the web) and respected for his authorship. The text and graphic elements that make up the Website and its presentation and assembly, are either exclusively owned by AgrigateOne or they hold the necessary exploitation rights. Notwithstanding the above, trade names, trademarks or logos appearing to which reference is made in this website belong to their respective owners and are protected by the law applicable in this regard. All logos and trademarks belonging to AgrigateOne are registered as trademarks in the corresponding public records, thereby enjoying the benefit of the public trust before any dispute in this regard. Third party logos that appear on the Website are owned by their respective owners, in any case, they are the sole responsible party at any dispute which may arise to this regard. Any claims filed by Users in relation to possible breaches of intellectual or industrial property rights on any of the contents of this Website should be directed to the e-mail address specified in the contact details herein. The User grants AgrigateOne worldwide rights of reproduction, distribution and public communication of the content provided through the Website, as well as for transformation to suit the technical needs of the Website, and also guarantees the lawful ownership and power of disposition of such rights.

AgrigateOne agrees to diligently process your data in accordance with the UK & Wales law. Your information will be added to a database owned by AgrigateOne Inc., in order to comply with the contract under the described terms and inform you of the activities and services of AgrigateOne Inc. You may exercise your rights of access, rectification, cancellation and opposition by sending an e-mail to [email protected]. Before proceeding, please read the Website Privacy Policy and Data Protection Policy.

6. Voluntary cancellation of the registration

The User may deactivate their Website account at any time, without notice or justification, but may voluntarily report to AgrigateOne the reasons for the cancellation in order to improve the service.

7. Privacy Policy

7.1. Introduction

This Privacy Policy relates to AgrigateOne’s collection and use of your data when you use or access the AgrigateOne service, website, software applications, or content therefrom (together, the “AgrigateOne Service” or “Service”). This Privacy Policy is incorporated by reference into AgrigateOne’s Terms and Conditions. Capitalized terms not defined in this Privacy Policy shall have the meanings ascribed to them in the Terms and Conditions.

7.2. Collection and Use of Personally Identifiable Information

Personally identifiable information (“PII”) is information that can be used to identify an individual person. Examples of PII include a person’s name, home address, email address, or phone number. We may receive and store any PII that you provide on our Service, send to us in an email or voluntarily provide to us in any other way. As you use, access, or register for the Service, you may be asked to provide certain PII. PII will be processed according to the rules stipulated by The General Data Protection Regulation 2016/679 (GDPR) (and the Protection of Personal Information Act 4 of 2013 (“POPIA”)(based on the jurisdiction)).

7.3. Collection and Use of Non-Personal Information

AgrigateOne also collects data in a form that does not, on its own, permit direct association with an individual person. We may collect, use, transfer, and disclose non-personal information for any purpose. If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

7.4. Use of PII

Any PII you provide to AgrigateOne may be used by AgrigateOne for the following purposes:

1. to make it possible to provide the Service

2. to answer your queries

3. to keep you informed, including by electronic means, about news, products, and services of AgrigateOne and its affiliates.

AgrigateOne, like many businesses, sometimes hires third parties to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When AgrigateOne employs a third party to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include PII of users. AgrigateOne requires such third parties to maintain the confidentiality of such information and use such information only as necessary to provide AgrigateOne with designated services.

If AgrigateOne, or all or substantially all of its assets are acquired, the information that AgrigateOne has collected, including without limitation PII, may be transferred along with our other business assets.

AgrigateOne reserves the right to pass your PII on to third parties so that they may send you commercial communications, including by electronic means, concerning news, products, and services. Said third parties may be located in any country in the world with the international transfer of data to which that gives rise. You may opt-out of AgrigateOne sharing your PII with third parties for marketing purposes at any time by sending an opt-out request to AgrigateOne at [email protected].

AgrigateOne may disclose any information, including, but not limited to PII, to government authorities, and to other third parties when compelled to do so by government authorities, at AgrigateOne’s discretion, or otherwise as required by law, including but not limited to responses to court orders and subpoenas. AgrigateOne may also disclose PII, when AgrigateOne has reason to believe that someone is causing or may cause injury to or interference with AgrigateOne’s rights or property, other users of the Service, or anyone else that could be harmed by such activities.

In order to make it possible to manage and provide the Service, AgrigateOne may also share your PII with any of the companies in its company group. Said companies may be located in any country in the world, with the international transfer of data to which that gives rise.

7.5. Security Measures

AgrigateOne uses commercially reasonable efforts to protect PII from loss and unauthorized access. However, no security system is infallible. AgrigateOne cannot guarantee the security of its databases, nor can it guarantee that your PII will not be intercepted, copied, accessed, or stolen.

7.6. Viewing of PII Among Users

You acknowledge and agree that during normal operation of the Service, your PII may be viewed by other Users to facilitate contact and interaction. This Privacy Policy does not apply to any information, including, but not limited to, PII, that you choose to make available to other users of the Service, and AgrigateOne is not responsible for the information that you choose to make available to other Users of the Service or the use thereof by any other user of the Service or any third party.

7.7. Messages

You acknowledge and agree that AgrigateOne has the right to access and store the content of messages and communications sent or received by the Users of the Service. Said access and storage aim to foster the proper use and normal operation of the Service as well as to comply with legal requirements.

7.8. Third-party Websites or Services

When you access or use the AgrigateOne Service, you may encounter links to other websites or services. AgrigateOne is not responsible for any third-party websites or services. Please review the privacy policy of those websites or services if you choose to access or use them.

7.9. Cookies

AgrigateOne uses cookies and similar technologies to improve the user experience of our Services. Cookies are files that are placed on your computer when you access websites or online services. AgrigateOne uses cookies to recognize you when you access the Service. Among other things, they allow AgrigateOne to store and recover information about your browsing habits and your computer, and help us to improve the Service.

By using the Services, you consent to our use of cookies and similar technologies. You may choose to block or disable cookies by using the settings within your browser or mobile device. Please be aware that blocking or deleting cookies may affect your experience using the Services, and we make no guarantees associated therewith.

7.10. Do Not Track Signals

AgrigateOne’s Service is not configured to respond to any “Do Not Track signal” and such signals should not be expected to have any effect on the handling of any data or information. The existence of any “Do Not Track signal” will not affect our use of cookies and other technologies to collect and store your Information.

7.11. How to Contact Us

If you have questions about this Privacy Policy, or wish to send communication related to the enforcement of applicable legal rights including access, rectification, erasure, and objection, please email us at [email protected], with “PRIVACY POLICY” in the subject line.

8. Data usage policy

AgrigateOne shall take all reasonable precautions to ensure that any information and 3rd party data provided by AgrigateOne from its information sources are correct. Neither AgrigateOne nor any of its directors, employees or information sources take any responsibility for action or losses that might occur as a result of the usage of this information.

8.1. What does AgrigateOne collect?

Essentially, there are three categories of how user data gets utilized on the AgrigateOne platform. The main idea behind processing user data is to benefit users in their decision-making processes on the platform.

8.1.1. Confidential data for personal/business consumption via the platform

AgrigateOne ensures that all highly confidential data (as defined by the SLA, but not limited to exclusion thereof) does not get shared with any third party without the written consent of the main client.

8.1.2. Trade Network related data

Data that is only shared between relevant trade partners in the market network and for whom specific permission has been given to consume this data (or the trade partner has given permission to use this data).

8.1.3. Across the AgrigateOne platform

• Any data that may be shared on the platform is only on an aggregated level (sum, count, average) that does not divulge any proprietary information.

• Specific controls and protocols are in place to ensure anonymity of data.

• Anyone using this data obtains the benefits of viewing general industry trends that are in line with industry government bodies.

• Data is collected when users interact with the platform (using third party tracking services) to improve the features that are developed and the overall service.

8.2. When does AgrigateOne collect and use this data?

• Since the platform is an aggregation solution, the related data is integrated as and when the data is received from third parties (or from user input into the system).

• When users interact with the website and platform.

8.3. Why does AgrigateOne collect and use this data?

• To make it possible to provide the Service that is required from the platform.

• This includes data categories as mentioned above.

• To to assist with deciding how to improve the features developed across the platform and therefore improve the service provided by AgrigateOne.

8.4. Does AgrigateOne sell this raw personal data to anyone?

AgrigateOne does not sell personal data to anyone, but mainly uses it to fulfil its duties.

9. Communication of illicit and inadequate activities

In the event that the Customer wishes to communicate any incident, illicit activity, or make a complaint, they may do so by sending an e-mail to the e-mail address indicated in the first clause of these AG1U.

10. Minimum age and ability to sign up

In accordance with the applicable law, to join as a Customer to the service offered on the Website, the Customer must be 18 years or older.

11. Rules and Jurisdiction

The parties acknowledge that the law applicable to this contract, and all legal relations arising therefrom, will be the UK & Wales law, as this is the place of the contract; expressly waiving any other law and jurisdiction that may apply to your specific region.