AGRO-MARKET24
TERMS AND CONDITIONS

DEFINITIONS

Service Provider – Agro-Pro Sp. z o.o. with its registered office in Warsaw (00-844) Grzybowska 87 Street, Polish Tax Identification Number (NIP) 9512397821, Polish National Business Register Number (REGON) 362481980, entered in the Register of Entrepreneurs of the Polish National Court Register (KRS) at number 0000575169

User – a natural person having the status of a farmer and a full legal capacity, a legal person or an organizational unit not having a legal personality, who/which uses the Services provided by the Service Provider and is obliged to comply with these Terms.

Website – the Agro-Market24 website available at www.agro-market24.eu, www.agro-market24.es, www.agro-market24.pl.

Services – the services provided electronically by the Service Provider to a User using the Website, to the extent and under the rules set out in the Terms

Account – the individual profile of a Website User identified with the login and password, which enables use of additional functionalities of the Website that are available to registered and logged-in Users

Terms – these Terms of Service

Chapter I

GENERAL

1. The Terms set out the principles of the Website’s functioning and the conditions for using the Services, in particular:

1) type and scope of Services provided electronically by the Service Provider

2)conditions for providing the Services electronically, including technical requirements necessary for cooperation with the IT system within which the Website is available

3) rights and obligations of the Service Provider and Users

4) manner of concluding the service agreement electronically

5) complaint procedure

2. According to the Act of 18 July 2002 on Provision of Services Electronically, provision of services electronically means performing a service without the simultaneous presence of the parties (a service provided over a distance) through transmission of data at an individual request of the recipient of the service, which service is transmitted and received by means of devices designed for electronic processing, including digital compression and storage of data, and which service is entirely transmitted or received via a telecommunications network.

3.  The entity that provides the Services to Users is the Service Provider.

4.  The service agreement between the Service Provider and a User is concluded:

a)     For the Service available for non-logged-in Users that involves viewing of advertisements – at the moment when the User views the homepage or any subpage of the Website in their web browser

b)     For the newsletter Service – at the moment when the User gives their consent to receiving commercial information by means of electronic communication and end devices designed for telecommunications

c)     For other Services available after logging in to the User Account – at the moment of creating the User Account and starting to use any of such Services.

5. The Service Provider provides the Services to Users in accordance with the stipulations of these Terms.

6. A User may only be a professional entity, i.e., an entrepreneur within the meaning of the Entrepreneurs’ Law Act of 6 March 2018 and the Civil Code Act of 23 April 1964, including a farmer who carries out production activities involving crops, having the characteristics of business activities. The Service Provider does not provide Services to non-professional entities, i.e., consumers within the meaning of the Civil Code

7. The Service Provider makes the Terms available to Users free of charge prior to starting to provide services electronically. Access to the up-to-date text of the Terms, its printing or copying, are possible at any time at the address in the relevant section on the homepage of the Website or by contacting the Service Provider.

8. A User’s beginning to use a Service available for non-logged-in Users is tantamount to the User having read and accepted the stipulations of these Terms.

Chapter II

SERVICES PROVIDED BY THE SERVICE PROVIDER

1. The Service Provider’s core activities on the Website and in the provided Services are the publishing and displaying of advertising materials aimed at Users and the running of an online portal of advertisements for entrepreneurs, including farmers who run professional production businesses, which portal enables Users to publish offers of purchase and sale of fruit, vegetables, and other agricultural products (excluding animals and products of animal origin), and to search for such published offers from other Users. 

2. Through the Website, the Service Provider provides the following Services to Users:

a)  Non-logged-in Users: browsing the list of advertisements without access to the contact details of the person who published an advertisement (i.e. the advertiser);

b)  Non-logged-in Users who have given their additional consent: the newsletter Service;

c)  Logged-in Users: browsing the list of advertisements with access to the contact details of the advertiser, publishing of advertisements, directly contacting Users who publish advertisements or respond to a published advertisement, using the chat Service for contact with registered Users of the Website.

3. Using any functionality that is available to logged-in Users requires prior registration and creation of a User Account under the conditions set out in these Terms.

4. The Service Provider reserves that advertisements published on the Website do not constitute offers within the meaning of Articles 66 and 66(1) of the Civil Code. Within the scope of the Services provided, the Service Provider is not a party to agreements concluded between Website Users and is not liable to Users or third parties for the course of commercial transactions concluded on the basis of advertisements published on the Website, for conformity of the published advertisements to the factual or legal status, or for reliability of information concerning individual Website Users. The sole liability in the above scope lies with the User who makes the publication.

Chapter III

CONDITIONS OF SERVICE PROVISION BY THE SERVICE PROVIDER

1. Use of a Service does not require any additional consent from the Service Provider in the form of a licence or transfer of author’s economic rights.

2. Minimum technical requirements from Users, necessary to cooperate with the ICT system employed by the Service Provider:

•          desktop computer, laptop, or mobile device with technical parameters enabling undisturbed operation of a Microsoft Windows 8 class operating system or higher

•          access to the Internet and an active email account

•          a current version of a web browser (Chrome, Mozilla Firefox, Edge, Opera, Safari) with cookies enabled.

3. The Service Provider reserves that charges for data transmission over the Internet may burden Users in accordance with the tariffs of their telecommunications operators.

4. The use of Services available on the Website is free of charge. In order to use the Services available to logged-in Users, it is necessary to create a User Account. In order to do so, one must register a User Account by filling in and submitting the registration form made available by the Service Provider on the Website, accepting the stipulations of these Terms, and activating the so created Account. In order to create a User Account, it is necessary to provide User data including at least their name and email address not previously registered on the Website, as well as a password that will be used for logging in. The User is solely liable for the correctness of User data provided in the registration form and during any later editing of data on the Website. With the best interest of the Website’s Users in mind, access to full functionality of a User Account is activated upon successful verification, by the Service Provider, of the identification data indicated by the User. Verification is carried out based on publicly available information and documents made available by the User that authenticate the identification data provided by the User.

5. A User can have only one Account on the Website. The User activates the Account by clicking the activation link sent to the email address indicated in the registration form. The activation link expires 48 hours after it is sent by the Service Provider.

6. Once the Service Provider receives information about the Account’s activation by the User (the User clicking the activation link), the Service Provider will create the User Account and enable logging in based on the data provided by the User during the Account registration process.

7. For a User who is a legal person or organizational unit without a legal personality, registration may be effected only by a person authorized to represent it, who is disclosed in this capacity in the relevant register.

8. A User who registers or edits the Account data (the “My Account/Edit Data” section) is obliged to enter true data in the relevant fields of the form. Violation of the provisions of the Terms in the above-mentioned scope may result in the User Account getting blocked or deleted by the Service Provider.

9. The newsletter service is provided for an indefinite period of time only to Users, who have consented to receiving commercial information by means of electronic communication and end devices designed for telecommunications. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter Service by sending a relevant request to the Service Provider via email or the contact form available on the Website.

10. Browsing the list of advertisements without access to contact data of advertisers is possible for all Users of the Website. After logging in to the Account and its successful verification, the User obtains access to full functionality.

With contact data of an advertiser obtained in this way, a logged-in User is able to initiate contact with the advertiser by:

•        using the functionalities available on the Website within particular active advertisements, and then continuing the exchange of written messages using the chat Service, which is an integral part of the Website available to logged-in Users, or
•        using the contact data (email, phone number, website address) shared by the advertiser in their User Account.

11.In order for an advertisement to be posted by a User, an Account must be created and access must be gained to full functionality of the Account after it is verified by the Service Provider, filling in the form available on the Website, and clicking the add advertisement button. The advertisement will be fully visible on the Website (an active advertisement) immediately, no later than within 48 hours of its publication by the User, with the proviso that the number of free advertisements assigned to a given User Account may not exceed one (1) advertisement.

12. By default, advertisements published on the Website are displayed by date of publication, i.e., from the most recently added advertisements. A published advertisement remains active on the Website during the publication period of 30 days.

13. After the publication period ends, the advertisement receives the “archived” status. Such an advertisement remains visible on the list of advertisements, but the data concerning the advertiser are hidden. The Service Provider reserves the right to remove archived advertisements from the list of advertisements displayed on the Website.

14. It is forbidden to publish advertisements whose product description or whose uploaded photos contain data concerning the advertiser, contact information, or other information enabling direct contact with the advertiser or a third party.

15. On the Website, it is not possible to publish advertisements of a retail nature.
In the case of sale advertisements, the User publishing the advertisement is obliged to provide goods in a total quantity of no less than 100 (one hundred) kilograms as part of any individual advertisement.

16. The User publishing an advertisement is obliged to:

•        ensure completeness and consistency of the information given in the advertisement,
•        ensure that the product category is selected correctly for the object of the advertisement,
•        ensure that the photos and text of the advertisement match the selected product category,
•        publish advertisements only within the scope related to the activities (i.e. purpose) of the Website,
•        refrain from repeated publication of advertisements with the same or similar content,
•        provide factually correct information,

In the above scope as well as in other cases of violation of the Terms or any commonly applicable laws, the Service Provider reserves the right to verify the content of any published advertisement and – if related violations are revealed – the right to disable the User from publishing/editing the advertisement or the right to remove the advertisement.

17. Termination of the use of Services provided by the Service Provider and deletion of a User Account is possible at any time, by sending the Service Provider a relevant request in this regard via email or the chat Service available on the Website. After receiving the request, the Service Provider will immediately terminate the provision of Services to the User or delete the User Account if so requested. Bearing in mind the security of data gathered by the User, the deletion of the Account together with all the advertisements assigned to it may be preceded by the Service Provider verifying the received request by telephone or email.

Chapter IV

RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND USERS

1. The Service Provider is obliged to provide Services in compliance with any applicable laws, in particular laws on the protection of copyrights with regard to content being made available.

2. The Service Provider is not liable for any program settings, possible problems or technical limitations of devices or other services used by a User that prevent the User from using a Service or prevent the full use of the functionalities of a Service, in particular, for outdated software, configuration of a computer, mobile device or email services, anti-virus programs, anti-spam protections, blocking programs and filters used by an email service provider, or any undesirable software (spyware, malware, etc.) gaining access to the User’s devices.

3. The Service Provider is not liable for any content entered and used by Users through the Website. In particular, the Service Provider is not liable for any actions, omissions, or damages caused by a User or other persons authorized by a User violating the rights of any third parties in connection with using the Website.

4. The Service Provider is entitled to suspend the provision of Services, block or permanently cease the provision of Services, and delete a User Account in a situation where a User violates the stipulations of these Terms or of any generally applicable laws, undertakes any unlawful activities, gives data inconsistent with the actual state of affairs, uses the available Services contrary to their intended purpose, In particular, a User sending unsolicited offers to other Users, promotional or commercial correspondence via the chat Service, makes a User Account available for use by third parties, undertakes activities to the detriment of the Service Provider or other Users, as well as in other justified cases.

5. In connection with a provided Service, the Service Provider reserves the right to transfer all or some of the rights and obligations arising from the Terms or any generally applicable laws to a third party, which fact all Users acknowledge by accepting these Terms.

6. It is forbidden for a User to download or copy the Website or any part of it. In connection with the provision of Services, a User does not acquire any rights to the Website or its individual components.

7. The Service Provider does not guarantee to Users a continuous or failure-free operation of the Website, in particular, the Service Provider’s liability does not include events resulting from causes not attributable to the Service Provider or events resulting from force majeure.

8. The Service Provider is entitled to carry out periodic updates, maintenance, and modifications to the operation of the Website. The Service Provider undertakes to inform Users at least 24 hours before a planned technical break preventing access to the Website. The Service Provider will make every effort needed to ensure that when planned breaks happen any related inconvenience to Users is minimized. In justified cases, the Service Provider reserves the right to temporarily cease or limit the provision of Services without prior notice to Users, in order to take any necessary and required maintenance measures.

9. The Service Provider is not liable for a User’s inability to use the Website for reasons beyond the Service Provider’s control or due to an occurrence of force majeure understood as an event caused by external factors that the Service Provider could not have foreseen or prevented.

10. All the works contained within the Website, in particular the source code, design, graphic elements, photographic, colour, conceptual, and functional works of the Website are legally protected property of the Service Provider, in particular as regards author’s economic and moral rights. The foregoing is excluded with regard to photographic works and content  published by advertisers, the copyrights to which are held by entitled third parties. Any use, copying, or reproduction of components of the Website being made available is prohibited.

11. A User is solely responsible for safeguarding the password to their User Account, and is obliged not to disclose the password to any third parties. A User must immediately inform the Service Provider about any breach of security or unauthorized access to their User Account.

12. A User is obliged to independently ensure that they are able to use devices meeting the technical requirements necessary for correct use of the Services.

13. A User is obliged to use the Services in compliance with any applicable laws, in particular the rights of third parties with regard to copyright protection and personal data protection. It is the responsibility of the User to ensure the legality and correctness of data used or entered by the User in the course of using the Website.

14. When publishing an advertisement, the User grants the Service Provider a free-of-charge licence unlimited in time and territory to use the advertisement or its individual components, in particular any published photos that constitute a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights in the following fields of exploitation: saving, storing, making available, sending, publicly disseminating, sharing, displaying, as well as exercising derivative rights, including adapting, translating, altering, adjusting, rearranging, combining with other works, and other modifications in works, as well as using the derived works for the purpose of providing Services on the Website, in particular the displaying of advertisements or their individual components, as well as activities aimed at promoting the Website on the Internet.

15. A User is solely liable for the content, legality, correctness, and truthfulness of any advertisements published and materials used, in particular any descriptions, photos, and graphics added to the advertisements. By publishing an advertisement on the Website, the User confirms that the advertisement or its individual parts do not violate any generally applicable laws or third party rights, in particular copyrights to descriptions, photos, or graphics.

16. Users are prohibited from supplying unlawful, offensive, false, or misleading content that may cause disruptions or damage to ICT systems.

Chapter V

TECHNICAL SUPPORT AND COMPLAINTS

1. In cases concerning malfunctions of the Website or of provided Services, Users have the right to lodge a complaint.

2. Notifications of changes and complaints are to be submitted to the Service Provider’s customer service desk (BOK) at the email address indicated on the Website in the “Contact” section, or in written form to the Service Provider’s registered office address.

3. Notifications and complaints should contain at least the following data:

•        designation of the User and the email address of the User Account
•        designation of the person authorized to submit the notification/complaint
•        indication of the requested change or description of the reported problem that forms the basis for the complaint.

4. The Service Provider undertakes to commence processing of the notification or complaint immediately, but no later than within three days of receiving them. The Service Provider will make every effort to process every notification within 14 days of receiving it.

5. The Service Provider reserves the right to verify the credibility of notifications made from an email address other than that of the User to whom a Service is provided.

Chapter VI

PROCESSING OF PERSONAL DATA

1.  The administrator of Users’ personal data is the Service Provider – Agro-Pro Spółka z o.o with its registered office in Warsaw.

2. The Service Provider processes Users’ personal data in accordance with the applicable laws, in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council 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, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), the provisions of the Act of 10 May 2018 on the Protection of Personal Data, and based on the provisions of these Terms. The Service Provider ensures that appropriate technical and organizational solutions are applied to attain security of any processed data. Detailed information on data processing by the Service Provider is contained in the Privacy Policy, the text of which is available on the Website.

Chapter VII

MISCELLANEOUS

1. In matters not regulated by these Terms, the relevant Polish laws shall apply, in particular the provisions of the Civil Code Act of 23 April 1964 and the Act of 18 July 2002 on Provision of Services Electronically.

2. Invalidity or ineffectiveness of any of the provisions of the Terms shall not cause the invalidity or ineffectiveness of its remaining provisions.

3.  Any disputes arising between the Service Provider and a User shall be subject to Polish laws.

4. Any disputes arising between the Service Provider and a User who is not a consumer shall be submitted to the court having jurisdiction over the Service Provider’s registered office.

5. The Service Provider reserves the right to amend these Terms in justified cases, in particular as the result of changes of an organizational or technological nature or changes in the applicable laws. The Service Provider will inform Users about amendments to the Terms by email no later than 7 days before the new version of the Terms enters into effect. Users will be bound by the new version of the Terms unless they withdraw from the Terms prior to the effective date of the new version of the Terms. 

6. This version of the Terms shall apply from 7 June 2023 until it is amended or revoked.