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Terms and conditions

Terms and conditions

This agreement sets out the general terms and conditions (“Terms and Conditions”) applicable to the use of the online service (hereinafter, the “Service”), consisting of the website (https://www.agrojusto.com.ar – hereinafter, the “Site”) and the Agrojusto Productores mobile application – hereinafter, the “App”) provided by AGROJUSTO S.A.S. (“AGROJUSTO”). Taken together, the “Service”, the Site, and the App are collectively referred to as the “Platform”. Any person who accesses the Platform (hereinafter, “User”) may do so subject to these Terms and Conditions, together with the other policies and principles that AGROJUSTO publishes.

ACCEPTANCE (ONE CLICK) OF THIS AGREEMENT CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS IN THEIR ENTIRETY, WHICH ARE MANDATORY AND BINDING AND SHALL GOVERN THE ENTIRE COMMERCIAL RELATIONSHIP ESTABLISHED BETWEEN AGROJUSTO AND THE SHIPPER/CARRIER. THIS AGREEMENT SHALL BE DEEMED ACCEPTED WITHOUT RESERVATION AND IN ITS ENTIRETY BY CLICKING THE “I ACCEPT” ICON SHOWN BELOW.

  1. Scope of our service

Through this website, we provide an online platform through which all Agricultural Operations can offer consumer products such as food and beverages, which are made available to Consumers for their general information. When you make a booking through agrojusto.com.ar, you enter into a direct (legally binding) relationship with the establishment where you made the booking. From the moment you make the purchase, we act solely as an intermediary between the parties.

The information we display is based on the information provided to us by the Agricultural Operations, which have access to the virtual upload system, through which they are fully responsible for updating the prices, stock, and other data that appear in our app. Although we strive to make our service as accurate as possible, we cannot verify or guarantee that all information is accurate, complete, or correct. Nor are we responsible for errors (such as obvious and typographical errors), interruptions (due to temporary and/or partial server outages or to repairs, updates, and maintenance of our website, or for other reasons), inaccurate, misleading, or false information, or missing information. The Agricultural Operation is at all times responsible for the precision, accuracy, and correctness of the information that appears in our app. Our app does not constitute, and should not be regarded as, a recommendation or endorsement of quality.

  1. Legal capacity

The Services are available only to persons who have the legal capacity to enter into contracts. The services may not be used by persons who lack such capacity, by minors, or by anyone who is barred from doing so under Argentine law.

  1. Privacy

Agrojusto.com.ar respects your privacy. To this end, we have adopted reasonable security measures to protect Users’ information and to prevent unauthorized access to their data or any unauthorized modification, disclosure, or destruction thereof. The information collected by Agrojusto will be kept strictly confidential. Access to personal data is restricted for any person, whether natural or legal, outside our organization, except for those employees and contractors who need to know such data in order to perform their duties and to develop or improve the services. Furthermore, this clause must be read together with the provisions of sections 9 and 10 hereof. Notwithstanding the foregoing, given that the Internet is an open system with public, mass access, Agrojusto cannot guarantee that unauthorized third parties will not eventually overcome the security standards and measures and thereby access visitors’ information improperly or unlawfully, in which case we will not be liable for such damages, for the misuse,

4. Payments and billing

4.1. Paid services. Some Services provided by AGROJUSTO are subject to charges. On the Site and App, the User will find a detailed description of the Services subject to payment and their prices. The User agrees to pay all applicable charges for the Services contracted.

4.2. Billing. AGROJUSTO uses a third-party payment processor to bill the cost of the Services subject to payment. The payment processor is subject to its own terms, conditions, and privacy policies. AGROJUSTO is not responsible for any errors the payment processor may make.

4.3. Payment method. The terms under which payment is made will depend on the agreement between the User and the provider chosen within the payment processor. If AGROJUSTO does not receive payment on time, the User will not be able to use the Services.

4.4. Any amount paid up to the time the Account is canceled is non-refundable.

4.5. Commission. Every transportation service arranged by Users through AGROJUSTO is subject to the payment of a commission to AGROJUSTO (hereinafter, the “Commission”). Users undertake to pay the applicable Commission, under the conditions in effect at the time of the transaction.

  1. Disclaimer of liability

Subject to the limitations set out in these terms and conditions, and to the extent permitted by law, we shall only be liable for the direct damages you suffer, pay, or incur due to shortcomings attributable to our obligations in relation to our services, up to an aggregate amount equal to the total cost of your booking as stated in the confirmation email (whether for a single event or a series of events). However, and to the extent permitted by law, neither we nor any of our directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliates, licensees, agents, or other persons involved in the creation, sponsorship, and promotion of the app and its content shall be liable for: (i) any punitive, special, indirect, or consequential loss or damage, loss of production, loss of profits, revenue, or contracts, loss of or damage to goodwill or reputation, or loss of claims; (ii) any errors relating to the description of the information (including information on prices, availability, and ratings) of the establishment on our website; (iii) the services rendered or products offered by the establishment or other business partners; (iv) any (direct, indirect, consequential, or punitive) losses, damages, or costs you suffer, incur, or pay arising out of or in connection with the use, unavailability, or delay of our website; or (v) any (personal) injury, death, property damage, or other (direct or indirect, consequential or punitive) damages, losses, or expenses you suffer, incur, or pay, whether due to (legal) acts, errors, breaches, (gross) negligence, willful professional misconduct, omissions, non-performance, misrepresentation, strict tort liability, or anything (wholly or partly) attributable to the establishment or other business partners (including any of their employees, directors, staff, agents, representatives, or affiliated companies) whose products or services are (directly or indirectly) made available, offered, or promoted on or through our app, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control. Agrojusto.com.ar is not responsible for remitting, collecting, withholding, or paying taxes on the total price of the products to the relevant tax authorities. By uploading photos or other images to our system (for example, when submitting a review), you certify, warrant, and confirm that you own the copyright to the photo/image and that you agree that Agrojusto.com.ar may use that photo or image on its (mobile) websites, apps, and promotional materials (online and offline), as well as in any publication Agrojusto.com.ar deems appropriate. You are granting Agrojusto.com.ar a non-exclusive, worldwide, irrevocable, unconditional, and perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate, and make available the photos/images in whatever manner agrojusto.com.ar deems appropriate. By uploading these photos/images, the person uploading them accepts legal and moral responsibility for any and all legal claims made by third parties. We do not own or endorse in any way the photos/images that are uploaded. The truthfulness, validity, and right to use all photos/images shall be assumed by the person who uploaded the photo, and shall never be the responsibility of Agrojusto.com.ar. For this reason, we disclaim any responsibility or liability for the photographs published. The person who uploaded the photos warrants that the photos/images do not contain any viruses, Trojan horses, or infected files, nor any pornographic, illegal, obscene, offensive, objectionable, or inappropriate material, and that they do not infringe the (intellectual property, copyright, or privacy) rights of any third party. Any photo/image that does not meet the above requirements will not be published and/or may be removed by Agrojusto.com.ar at any time and without prior notice.

  1. Intellectual property rights

Unless otherwise indicated, the software required for our services or used on our website and the intellectual property rights (including copyrights) in the content and information, as well as the material on our app and website, belong to AGROJUSTO. AGROJUSTO exclusively retains ownership of all rights, title, and interest in and to (all intellectual property rights in) the look and feel (including the infrastructure) of the website on which the service is made available (including customer reviews and translated content), and you are not entitled to copy, scrape, link to, publish, promote, sell, integrate, use, combine, or otherwise use the content (including any translations and customer reviews) or our brand without our written permission. With respect to the reviews and/or ratings given to users of our app, you hereby transfer and assign all intellectual property rights to AGROJUSTO. Any misuse or any of the aforementioned actions or behavior will constitute an infringement of our intellectual property rights (including copyright and database rights).

  1. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws in force in the Argentine Republic, and any dispute arising out of these general terms and conditions and our services shall be submitted exclusively to the competent courts of first instance of the First Judicial District of the Province of Mendoza, Argentine Republic. If any provision of these terms and conditions is or becomes invalid or non-binding, you will remain bound by all other provisions. In that case, the invalid provision shall be complied with to the fullest extent permitted by applicable law and, as far as possible, an effect similar to that of the invalid or non-binding provision shall be accepted, in accordance with the content and purpose of these terms and conditions.