The Agromanager Software as a Service (SaaS) platform (hereinafter: the ‘Platform’) is an initiative of:
AGROMANAGER BVBA (Hereinafter: ‘AGROMANAGER’ and ‘We’)
You can contact us by:
AGROMANAGER’s aim is for the Platform to continue to evolve. Therefore, AGROMANAGER will always take feedback from its Users into account. We welcome tips, comments and questions about our services and we promise to respond appropriately to any message we receive. Please always include all useful information and contact details so that we can provide a pertinent response. .
The Platform is an online cloud-based platform tailored to fruit growers. It is a practical and secure software programme, which contains a fruit farm’s entire administration. The Platform ensures the traceability of fruit and empty packaging. Every code can be traced throughout the company, from planting, through cooling and sorting, to delivery.
Use of our Platform is accompanied by certain rights and obligations as set out in these Terms and Conditions of Use. The User is also expected to take note of our Privacy Statement and all other rights and obligations clearly stated on the Platform.
These Terms and Conditions of Use apply to us, AGROMANAGER, as well as to the User. A ‘User’(hereinafter also referred to as ‘You’ or ‘Your’) within the meaning of these Terms and Conditions of Use is any person who registers with our Platform in order to make use of the functionalities offered. A person using our Platform on behalf of a company or other legal entity is also individually bound by this agreement as a User. This is regardless of the existence of a separate agreement between AGROMANAGER and the company or legal entity in question.
Each User declares that he has read the Terms and Conditions of Use in full and accepts their application as a whole. For this reason, AGROMANAGER encourages each User to thoroughly read these Terms and Conditions of Use prior to using the Platform and in the case of any announced changes.
Exceptions may be made to these Terms and Conditions of Use, provided that such exceptions are accepted by all parties and are established in writing. These derogations apply only to replace or supplement the clauses to which they refer. They do not affect the application of the other provisions of these Terms and Conditions of Use.
The User who wishes to access the functionalities and content on our Platform must register. In order to register, the User must be at least 18 years of age. AGROMANAGER is completely free to determine the conditions for registration at its discretion and to amend them at any time.
The User must create a personal profile (hereinafter: ‘User Profile’) based on accurate, truthful, up-to-date and complete data. We consider the submission of inaccurate or false personal data as a breach of our Terms and Conditions of Use. Depending on the capacity of the User, it may be absolutely necessary to provide certain information. The fields marked with an asterisk (*) must be filled in. It is the sole responsibility of the User to correct or delete any outdated data.
Each User Profile is strictly individual, personal and confidential. The User is not allowed to transfer his User Profile to third parties without AGROMANAGER’s explicit consent. The User is solely responsible for all actions carried out with the User Profile and must also safeguard the confidentiality of the User Profile, including the login data.
The User must report any breach of confidentiality of his User Profile to AGROMANAGER. In this case, AGROMANAGER shall take the necessary steps to restore confidentiality.
Each User is granted a limited, revocable and non-exclusive right to the Platform’s access, use and display (in short: right of use). The extent of this right of use may vary depending on the capacity (type of account) of the User.
The User is not entitled to sell, republish, redistribute, transfer, license or transfer the Platform, the underlying database and the content in any other way whatsoever to a third party unless he has received written consent to do so from AGROMANAGE.
The User may terminate the right of use at any time and without notice by discontinuing use of the Platform This termination will not entail the automatic deletion of the User Profile. If a User wishes to delete the User Profile, he must submit a written request to that effect to AGROMANAGER, by e-mail to firstname.lastname@example.org.AGROMANAGER undertakes to respond to the User’s request within fifteen (15) working days.
3.2 Restrictions to the right of use
The right of use is restricted in the sense that the User must refrain from actions that have or may have a harmful impact on the proper functioning and security of the Platform and its other Users and/or on the use thereof. Use of the Platform must not contravene these Terms and Conditions of Use, the applicable law, the rights of third parties and generally accepted rules of Internet conduct.
The following actions are strictly prohibited:
The above list is by no means exhaustive.
AGROMANAGER reserves the right to take all reasonable and appropriate measures if the User violates these Terms and Conditions of Use and/or the applicable legal rules, the rights of third parties or the generally accepted rules of Internet conduct. AGROMANAGER shall retain a wide margin of discretion when it comes to taking a sanctioning and remedial measure and the scope of that measure. However, measures will always be proportionate to the infringement.
Among other things, AGROMANAGER is entitled to temporarily and/or permanently suspend the right of use as well as to delete a User Profile. In addition, AGROMANAGER may restrict the User’s general access and access to functionalities on the Platform, in whole or in part, temporarily or permanently.
When circumstances require, these measures may be taken without any prior warning or notification. Under no circumstances can the User claim a refund or compensation for the measures taken.
If the User considers the measure taken to be inappropriate or unfounded, he must report this to AGROMANAGER within fifteen (15) calendar days after the measure was imposed. AGROMANAGER will consider the arguments without being obliged to undo the initial measures.
4.1Our values, proper functioning, security and accessibility
You can rest assured that we offer a user-friendly Platform that is secure for every User. We take all reasonable measures to ensure the proper functioning, security and accessibility of our Platform. These measures are of a technical, non-technical and organisational nature. However, we cannot provide you with any absolute guarantees. The commitment we make in this regard is only a best-effort commitment.
Any use of the Platform is always at your own risk. This means we are not liable for damages resulting from failures, interruptions, harmful elements or malfunctions of our Platform, irrespective of the existence of force majeure or an external cause. AGROMANAGER provides its Platform ‘AS IS’ and ‘AS AVAILABLE’, i.e. without any explicit or implicit guarantee concerning its proper functioning, accessibility and security.
We have the right to restrict and/or interrupt access to our Platform in whole or in part at any time, even without prior warning. In principle, we will only do so if the circumstances justify it, but this is not an absolute condition. For more information on possible measures, see Article 3.3 of these Terms and Conditions of Use.
4.2 Content on the Platform
AGROMANAGER takes all necessary and reasonable measures so that the information appearing on the Platform is complete, correct, up-to-date and accurate. However, AGROMANAGER cannot give any absolute guarantee about the quality and completeness of the information on the Platform. It follows that AGROMANAGER cannot be held liable for (direct or indirect) damage suffered by the User resulting from information on the Platform.
We request that you inform us as soon as possible in the event that certain content on our Platform violates our Terms and Conditions of Use, the applicable law and/or the rights of third parties and/or is simply unacceptable. We will promptly amend, supplement or delete the reported content (in whole or in part).
AGROMANAGER shall take all measures reasonably necessary to ensure the security of the Platform. This refers to measures to prevent and remedy unauthorised access to User data on the Platform. In any case, the User’s main data (personal and non-personal) are encrypted. In the event that AGROMANAGER becomes aware of a safety breach, it will immediately inform the User about the actions to be taken.
The User acknowledges and accepts that this is only a best-effort commitment and that AGROMANAGER cannot offer any absolute guarantees regarding security.
4.4Malfunction and support
AGROMANAGER provides support to Users in the event of a malfunction on the Platform. A malfunction is any situation in which the proper functioning or accessibility of the Platform is compromised.
The User declares that he will report any malfunction discovered without delay. The User shall provide a clear description of the malfunction and the circumstances in which it occurred, preferably by means of a print screen or other graphic illustration. AGROMANAGER can only be reached during office hours (9 a.m. – 5 p.m.) on working days (Monday to Friday).
AGROMANAGER undertakes to make all reasonable efforts to provide the User with a timely answer and solution to the reported malfunction. However, the User accepts that AGROMANAGER cannot offer any absolute guarantees in terms of response and resolution times and that when resolving a malfunction, AGROMANAGER does not necessarily restore the User to the same situation as ‘before the malfunction’.
AGROMANAGER cannot under any circumstances be held liable for the lack of accessibility and functioning of the Platform due to malfunctions of the Platform.
The User accepts that when circumstances require and provided that the User has given his explicit consent for this by enabling the function in his User Profile, AGROMANAGER may access his User Profile in order to identify and remedy the reported malfunction(s).
AGROMANAGER shall only be liable for any attributable major or repeated minor contractual and/or extra-contractual failure to perform its obligations under these Terms and Conditions of Use. This liability is limited to the direct damage resulting from the shortcomings.
AGROMANAGER shall not be liable for any form of indirect damage resulting from its shortcomings in any case whatsoever. Indirect damage includes any form of consequential damage, loss of profits, financial or commercial losses, increase in general costs, increased personnel costs, damage due to the loss of clients and/or opportunities, emotional damage and reputational damage. This list is purely indicative and certainly not exhaustive.
AGROMANAGER is not liable for any form of loss and/or damage on the part of the User or a third party if AGROMANAGER acts in accordance with its Terms and Conditions of Use and Privacy Statement. AGROMANAGER also expressly excludes any liability resulting from the conduct of its Users and others on the Platform and/or outside of it.
If AGROMANAGER is fully or partially prevented from fulfilling its obligations to the other party due to a circumstance beyond its control, this shall be regarded as force majeure. In this case AGROMANAGER is not bound to fulfil its obligations to the User. AGROMANAGER is entitled to suspend its obligations for the duration of the force majeure.
If, due to a contractual or extra-contractual shortcoming attributable to him, the User jeopardises the liability of AGROMANAGER and/or causes damage, loss and costs (including costs for legal assistance) on the part of AGROMANAGER, the User must take all necessary measures to indemnify AGROMANAGER against these adverse consequences.
The content of our Platform may contain a link, hyperlink or framed link to external websites or other forms of electronic portals. A link does not automatically mean that there is a connection between us and the external website, nor that we (implicitly) agree with the content of these websites.
We do not control these external websites and are not responsible for the secure and correct operation of the link and the final destination. A User who clicks on a link leaves our Platform. AGROMANAGER cannot be held liable for any damage resulting from the consultation or use of an external website. These external websites do not offer the same guarantees as us. We recommend that the User carefully read the Terms and Conditions of Use and the Privacy Statement of these other websites.
In principle, the User is free to place a link, hyperlink or framed link to our Platform, but we reserve the right to request removal at any time without having to provide a sufficient reason.
We attach great importance to privacy. Therefore, we wish to provide the User with the most detailed information possible about our personal data policy. In any case, the User may rest assured that AGROMANAGER always takes the utmost care when processing personal data. AGROMANAGER guarantees that the collection and processing of personal data will always comply with the applicable privacy legislation, namely the Regulation of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Those who use our Platform will in most cases disclose certain personal data. The extent of the collection and processing of personal data depends on the capacity (type of account) of the User and the extent to which you use the Platform. By registering, the User agrees that we may access, store and disclose the data provided in accordance with the purpose of our Platform.
When registering, personal data is collected and processed to the extent necessary for the proper functioning of the Platform. Personal data may not be processed solely for internal use at AGROMANAGER. It is possible that the personal data may be passed on or communicated to third parties, provided that the User has given his explicit consent for this.
AGROMANAGER has taken all the possible legal and technical precautions to prevent the unauthorised access to and use of your personal data.
For more information regarding the guarantees for the protection of your personal data, please refer to our Privacy Statement.
Creativity deserves protection, as does our Platform and its content. This protection is provided by intellectual property rights and belongs to all entitled parties, i.e. AGROMANAGER and third parties. We understand content to mean the very broad category of photographs, video, audio, text, ideas, notes, drawings, articles, etc. All this content is protected by copyright, software law, database law, design law and other applicable (intellectual) property rights.
The technical nature of our Platform itself is protected by copyright, software law and database law. The trade name AGROMANAGER, the associated tag lines, logos and colour combinations are also protected by the applicable intellectual property laws.
The User undertakes not to infringe the intellectual property rights of AGROMANAGER or any other party in any way. If the User commits an infringement of a third party’s intellectual property rights, these cannot, under any circumstances, be attributed to AGROMANAGER. Any actual or legal consequences are therefore entirely at the User’s expense.
AGROMANAGER reserves the freedom to modify, expand, limit or discontinue the Platform at any time. If it exercises this right, AGROMANAGER is not required to give prior notice to the User nor does it give rise to any compensation.
If the operation or validity of one or more of the above provisions of these Terms and Conditions of Use are jeopardised, this will not affect the validity of the remaining provisions of this agreement. In that case, we are entitled to change the provision in question to a valid provision of similar scope. The titles we use in our Terms and Conditions of Use are purely illustrative. As a result, you cannot derive any legal basis from them.
These Terms and Conditions of Use are exclusively governed and interpreted in accordance with Belgian Law. In the event of any dispute regarding the implementation of this agreement, the parties are expected to make every effort to find an amicable solution. If an amicable solution cannot be reached, the dispute may be submitted to an arbitration and mediation centre (such as CEPINA) or to a competent court. Disputes fall under the jurisdiction of the courts of the district of East Flanders.