Terms of service Crop-R B.V.

Date of last change: 02-07-2015

1. Acceptance
Welcome to the Terms and Conditions for the Crop-R mobile application and website. This is an agreement ("Agreement") between Crop-R B.V., the owner and operator of www.crop-r.com, the Crop-R software, the Crop-R mobile applications and you ("you" "your" or "user(s)"), the user of the website or the service. In this document the words "Crop-R", "us", "we" and "our" refer to us, Crop-R B.V., our site and Service crop-r.com ("Site" or " Service "), or our app, Crop-R ("APP"), whichever is relevant in the context of the words.
Read the Terms and Conditions for the use of our website and Service. This is legally binding and applies to the use of our applications, website and Service. By the use of or the access to a part of our site or Service you agree to be bound by these Terms and Conditions.
We can amend our Terms and Conditions or the Privacy Policy from time to time and we ask you to look into this page with some regularity to see if this Agreement has changed. The continuation of the use of our application, website or Service constitutes acknowledgment and agreement with any amendments in the Privacy Policy and the Terms and Conditions.
If you do not agree with the Terms and Conditions and the Privacy Policy discontinue the use of our Site and Service immediately.

2. Description of the Service
Crop-R is an online open data network, that makes cultivation information accessible for the entire agricultural sector via a geographical interface. This allows you to document all cultivation activities in a simple and user-friendly manner, at home behind the computer or in the field on the smartphone or tablet. You determine which subscribed party gets access to which data via a secure authorization system. Entering cultivation data in multiple systems over and over again is herewith a thing of the past.

3. Definitions
In this Agreement, we may use certain words or phrases, and it is important that you understand their meaning. The list is not comprehensive and no definition should be considered to be binding to make this Agreement senseless:

  • "Agreement" means these Terms and Conditions;
  • "App" or “application”: the Crop-R application for mobile devices that we make available via our website or a third party, app store or website, with similar functions that are available on our website;
  • "Service" refers to the services that we offer via our site, as well as all software and our applications;
  • "Site" refers to our website www.crop-r.com;
  • "Crop-R", "us", "we" and "our," refers to our company Crop-R B.V., our Site, application or our Service, depending on the context of the use;
  • "User" refers to you, the one who uses our services, and general visitors of our Site;
  • "You" refers to you, the person or organisation in this Agreement with Crop-R B.V.

4. User
Before you can use Crop-R, you must sign up for an account. During the registration we ask you to provide us with your name, farm name and e-mail. We can also ask for additional details if necessary. Credit card or payment details can be given to external payment processors. When downloading our application we may collect additional information such as your Unique Device ID or IP address.
After registration Crop-R shall provide a username. We have the final authority in providing accounts and retain the right to decline users without giving reasons.
We will never provide your personal details to third parties, without your permission. We do have the permission to provide non-identifying information to third parties in an aggregated form. We retain the right to limit or withdraw access to accounts or to use Crop-R, at any time and in our own discretion.

5. Limited License and Use of Crop-R
When using our Site, Service or our application, we provide you with a personal, limited, non-exclusive license for installation and use of our software or application. We can make our application available on our website or elsewhere, such as a store dedicated to the promotion and sale of apps. You get the right to download one copy of the application for the price listed, if applicable.
When you use our Service or application this is a license for personal use. This means that you cannot sell our Service or application elsewhere, share your license with someone else, reverse engineering or try to copy our Service or application in any other way, or or try to earn money from it without our express written permission. Even if we offer the Service or application for free, you still have to maintain these conditions and not copy or use our App otherwise, in a way that is prohibited by this Agreement. You do not get ownership rights with the purchase and download of our software or our application, but instead, a license is purchased (or, in the case of a free download, is given) for installation and use of our software or application within the confines of this agreement.
When using our application, website or Service, you take full responsibility for the usage and agree to not use it in ways that are not explicitly approved by Crop-R. You are responsible for your use of Crop-R, and for each use of Crop-R using your account. You agree to not log in, to copy, or use Crop-R in any other way, including our intellectual property and trademarks, except if they are permitted by these Terms and Conditions or permitted in writing by Crop-R. By using our Site and Service you agree to the following:

  • You agree to not send anything that is illegal, offensive, distressing, damaging o the reputation, pornographic, indecent, obscene, hateful, racist or therwise offensive in our reasonable opinion;
  • You agree to provide content truthfully and accurately;
  • You agree to not infringe any contract, rules or policy as prescribed by your mobile provider and/or mobile device manufacturer;
  • You agree to not send any malicious or unwanted software;
  • You agree to not use any other person or entity or fictitious name, or to lay a incorrect connection between you and another person or entity;
  • You agree to not infringe any requirements, procedures, policy or regulations of networks or entities connected to Crop-R;
  • You agree to not block or disturb the services of Crop-R;
  • You agree to not hack or spam us and other users;
  • You agree to to act within the bounds of reasonableness and fairness when using our website;
  • You agree to not collect or save the personal data from other end users;
  • You agree to not act contrary to law or regulation you are personally responsible for any such violation;
  • You agree to not copy, amend, rent, lease, lend, sell, assign, distribute, reverse-engineer, to use as collateral, or transfer in any other way, any right to the technology or software which forms the basis of our application, website or one of our services;
  • You agree to not cooperate with the destruction, manipulation, removal or deterioration of any part of our website, including the de-indexing of any part of our website with websites of third parties, such as by requesting the removal from a search engine;
  • You agree to not infringe our intellectual property rights, unless you have received our written permission for the usage;

If it is discovered that you are performing any of the actions referred to above we can terminate or suspend your right to use our Service at our own discretion. In general, we will provide an explanation for possible suspension or termination of the use of one of our services, but Crop-R retains the right to terminate or suspend an account at any time without prior notice or explanation.
The Crop-R Site and Service can contain links to other websites (such as advertisements), or allow integrated products of third parties. A link to the website of a third party, does not mean that we support the product or the Service or that we are affiliated with this organization. We do not exercise control over websites of third parties. Your access to the websites of third parties or the content is at your own risk, and you must always read the terms of use and the privacy policy of a website of a third party before using it. Crop-R is not responsible for any damage or loss with regard to the use of the content, products or services available on or via a website of third parties.
We reserve the right to show advertisements in relation to your content, and to use your content for advertising and for promoting the development of Crop-R.

6. Intellectual Property Rights
The design of the Crop-R Service together with the text, scripts, graphical display and interactive features, the trademark, service marks and logos ("Marks"), are owned by Crop-R BV. These Marks are subject to the copyright and other intellectual property rights of the Netherlands and the European Union and foreign laws and international treaties. Crop-R retains all rights that are not expressly granted in and around the Service and the Website. You will not use, copy or distribute the Marks without express written permission.

7. Confidentiality
We and you will not disclose or use Confidential Information regarding the other party for any purpose other than that for which the Confidential Information has been obtained. Crop-R does have the permission to provide non-identifying information to third parties in an aggregated form.
Both parties take all reasonable precautions to meet their confidentiality obligations. None of the provisions included in this article puts any limitation to the receiving party regarding information or data – whether or not equal or similar to the information or data contained in the Confidential Information – if such information or data: (I) already were the lawful possession of the receiving party before they were acquired by the party concerned; (II) are developed independently by the receiving party without the use of information or data from the relevant party; (III) are or will be generally known or are made generally accessible, other than through an act or omission of the receiving party; or (IV) are announced to the receiving party by a third party, without violating a confidentiality obligation with respect to the party.

8. Payment and refund
All Crop-R subscriptions are annual subscriptions for undetermined time with a minimum period of one year. A subscription year is a period of 365 days starting on the same month and day as the month and day on which the subscription has been closed. You have the right to cancel or change the Crop-R subscription. The subscription is then terminated or changed after the remaining subscription year.
The costs of your Crop-R subscription are charged annually using the payment methods available on the Crop-R site. When paying your check if you understand the price and terms of payment. Amounts are exclusive of VAT.
The price of the use of our Site and Service can vary. We retain the right to raise our rates at any time, we will always give advance notification of raising rates. Credit card or payment details can be given to an external payment processor.

9. Limitation of Liability
Crop-R is never liable for indirect damage including, but not exclusively: lost profits, missed savings, loss of goodwill, damage due to business interruption, damages resulting from claims by your customers, mutilation or loss of data, materials or software of third parties, for consequential damages, whatever the nature of the act (breach of contract, unlawful act or otherwise), even if we are informed of the chance of the occurrence of that damage.

Crop-R is never liable for any damages whatsoever suffered by you which are related to the temporary unavailability, not correct or not complete availability of the Site, Apps or Services.

Crop-R is never liable for any damage of any nature suffered that is related to the (non) functioning of Crop-R software or of third parties, of equipment of yourself, Crop-R or third parties, or of internet connections of you, Crop-R or third parties.
Crop-R is not liable for the incorrect, incomplete or untimely sending or receiving of data that is placed with Crop-R via the Site and Services.
As far as Crop-R cannot claim the liability exclusions or limitations defined in this Article, our liability is at all times and in each case limited to an amount of 50% of all amounts invoiced to you in the 6 (sex) months prior to her neglect to you. As far as Crop-R also cannot claim the above-mentioned limitation, applies that the liability of Crop-R in any case is limited to EUR 10.000.
You acknowledge and agree that the Crop-R Site and Services can never be perfect or 100% free of imperfections and that not all imperfections (can) be restored.
The liability of Crop-R due to attributable failure to fulfillment of an agreement occurs in all cases only if you immediately and properly declare Crop-R in default, setting a reasonable time in order to (correctly) remedy his default, and Crop-R imputably remains in compliance with its obligations after that period. The notice of default must contain an as complete and detailed possible description of the default, so that Crop-R is able to respond adequately.
Any entitlement to compensation expires in any case if you do not take measures to (I) limit the damage immediately after it has occurred; (II) avoid that (other or further) damage occurs; or (III) if you fail to inform Crop-R about the damage as soon as reasonably possible and provide him with all relevant information.
Any claim for damages expires after 24 months after the claim arises.

10. Warranty
The Service will be delivered "as is" and "as available" without any kind of warranty. Crop-R gives no guarantee that the Service is suitable or available for use in other countries. Those who have access to or make use of the Service of other jurisdictions do that on their own accord and are responsible for the compliance with local laws.

11. Jurisdiction
This agreement is governed by Dutch law.

12. Dispute Settlement
You agree that all disputes arising out or in connection with this agreement will be submitted to the court in Groningen.

13. Force Majeure
In cases of force majeure parties are not required to fulfill a contractual obligation, with the exception of an obligation to pay, arising out of this Agreement. By force majeure is meant among other things, but not only: military action, government actions, weather conditions, failure of or disruptions in telecommunication and Internet connections, delay or failure in the fulfillment of obligations by the Supplier's supplier, transport problems and strikes.

14. Termination and Cancellation
We can terminate or suspend the Service at our own discretion, without explanation and notification, although we will strive to provide a timely declaration. If you want to terminate this Agreement, you are personally responsible for following proper termination procedures. Cancellation can result in the immediate removal of all data you entered with Crop-R.
All provisions which by their nature also remain in force after termination of the Agreement, continue to apply including, but not limited to, the ownership provisions, disclaimer of warranty, compensations and limitations of liability.

15. Amendments
We can amend this Agreement from time to time. The update will appear on this page. The date of last update will be shown on this agreement. You can refuse to accept the amendments, but if you do that, you must immediately stop using our website and our Service. You must keep yourself informed of the amendments in these Terms and Conditions that are always available on the Site.

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