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Terms and Conditions

Last update: April 1, 2021 Welcome to the website www.modoagrario.com (onwards, the “SITE”) of Modo Agrario SA CUIT Nº 30-71711149-0 (onwards, “MODO AGRARIO”). The access and use by you of the SITE, the services and the software of MODO AGRARIO through the SITE, is subject to the terms and conditions contained in this document, as well as in the Privacy Policy (onwards, the "PDP”, and in conjunction with the terms and conditions, the "TERMS"). The TERMS must be read carefully and accepted without reservation before deciding to browse and / or use the services of the SITE and constitute a legally binding contract between you and MODO AGRARIO. You can only complete the registration process as a user of the SITE (onwards, the "USER") if you accept and fully consent to the TERMS. The TERMS may be modified at any time and without prior notice. We advise you to periodically review the TERMS. If you do not agree with any of the TERMS or with any modifications to them, you must refrain from using the SITE since by doing so you are accepting these TERMS and any modifications to them. The SITE and the services provided by MODO AGRARIO are exclusively for the use of human or legal persons legally qualified to sign a contract and operate commercially without any restriction. Any person, human or legal, that uses the SITE or requests registration as a USER declares and acknowledges by the sole act of use and/or the request for registration as a USER that complies with these conditions and assumes the commitment to refrain from any use of the SITE if there is any supervening circumstance that alters its free capacity to contract and / or operate commercially without any restriction. MODO AGRARIO reserves the right to cancel the account of any USER and/or modify its content and remove or edit content from the SITE at its sole discretion. 1. USE OF THE SITE AND SERVICES 1.1 The SITE is a platform that facilitates the non-exclusive, non-transferable and temporary authorization of MODO AGRARIO to USERS for the exchange of information and search for suppliers (onwards, “SUPPLIERS USERS”) and buyers (onwards, “BUYING USERS”) of primary products, in particular milling products, in order to promote electronic commerce in the milling industry. Also, the SITE provides web-based electronic transaction platforms so that USERS can make, accept, conclude, manage and fulfill orders for the supply of products and services subject to the terms of the commercial agreements that they negotiate and conclude. SUPPLIER USERS with BUYER USERS freely and independently. 1.2 MODO AGRARIO does not represent any of the USERS in specific transactions 1.3 MODO AGRARIO does not control and is not responsible or liable for the quality, safety, legality or availability of the products or services offered on the SITE; of the ability of the SUPPLIER USERS to make a sale or of the ability of the BUYER USERS to make a purchase 1.4 The publication of a purchase request, the issuance of a sales quote and the purchase commitment by the USERS includes any intervention of MODO AGRARIO and as such should be understood as operations independent of any activity or service provided by MODO AGRARIO. 1.5 In this way, MODO AGRARIO is limited only to authorizing BUYING USERS to publish on the SITE a request for a quote for the purchase of a certain quantity of primary products (specifying quality, time, mode and type of delivery, maximum price to pay and any other commercial details that it deems pertinent) and services and to authorize the SELLING USERS to access this information and issue a quote in order to facilitate the vendor selection procedure. In the event that the BUYING USER considers that one of the quotes published by the SELLING USER is in line with his commercial claims, MODO AGRARIO only facilitates the communication of the acceptance of the quote so that the proposed USERS can formalize a commercial relationship. Independent. 1.6 USERS who access or use the SITE assume the risks of carrying out any purchase and sale transaction in connection with or concluded through the SITE. USERS who access or use the SITE also fully assume all risks of civil, criminal liability or damages of any kind that may arise from or in connection with the subsequent activity related to the products or services that are the object of transaction through the SITE. Some examples of such risks are, among others, false information about products and services, fraudulent actions, poor product quality, non-compliance with specifications and / or requirements, defective products, delay or non-delivery or payment, error in calculating transaction costs, breach of warranty, breach of contract, production accidents, logistics (loading, transfer, unloading and/or handling, among others), the risks that the manufacture, import, export, distribution, offer, display, purchase, sale and/or of the products or services offered or displayed on the SITE may infringe or may be considered to infringe the rights of third parties, and the risk that USERS may incur defense costs or other costs and/or in connection with any claim by any party that it is entitled to defense or be indemnified in connection with the re vindication by plaintiffs of rights, petitions or claims. Examples of such risks also include the risk of claims from consumers, other purchasers, end users of the products, or other third parties claiming injury or damage due to the use of products obtained through the SITE. All of the above risks are called transaction risks. MODO AGRARIO is not responsible or liable for any damage, claim, liability, cost, injury, inconvenience, business interruption or expense of any kind that may arise as a result of or in connection with any risk of the transaction. 1.7 The USERS declare and accept that they are solely responsible for setting and complying with the terms and conditions of the transactions carried out on, through or as a result of the use of the SITE, including, among others, the terms related to payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed as freely determined and agreed upon the users. 1.8 USERS undertake to provide all information and materials that MODO AGRARIO may reasonably require in relation to their transactions carried out on, through or as a result of the use of the SITE. 1.9 In the event that a USER has a conflict with any party to a transaction, such USER agrees to release and indemnify MODO AGRARIO (and its agents, subsidiaries, directors, representatives and employees) from any claim, demand, action, proceeding, cost, expense, or damages (including, without limitation, any actual, special, incidental, or consequential damages) arising out of or in connection with any such dispute or transaction. 1.10 The use of the SITE and the registration as a USER and/or AUTHORIZED USER, as detailed in the TERMS, matters, without admitting evidence to the contrary, the acceptance by the USER and/or AUTHORIZED USER that the SITE features are adequate and sufficient for the interest taken into account when contracting with MODO AGRARIO. 1.11 USERS are informed that there may be risks when making agreements with people who act by fraudulent means. MODO AGRARIO declares that it does not have the necessary means to verify the accuracy of certain information provided by USERS when registering or using the SITE, therefore MODO AGRARIO does not confirm the alleged identity of the USER. 1.12 The SITE works as it is, with all its faults and according to its availability, for which MODO AGRARIO does not grant a guarantee of any kind and it is the USER who uses the SITE at their own risk 1.13 MODO AGRARIO has the power and right to select, reject, remove, modify, interrupt, suspend, cancel and terminate the access or availability of the SITE as well as the possible interactive functions, applications, utilities and services and the contents that MODO AGRARIO makes available to the USER through the SITE and the form or conditions in which they are used are provided, accessed, presented and located on the SITE for technical, legal reasons, application of the TERMS or opportunity and convenience without the need for prior notification and without generating any compensation in favor of the USER. 1.14 Within the SITE, USERS have an option enabled to rate their experience in commercial dealings with other SUPPLIER USERS and BUYER USERS as long as a commercial agreement has been formalized between the parties. USERS undertake to make use of this tool in such a way that any comment or statement does not affect morality, good customs or constitute a false or biased statement for the purpose of distorting reality. USERS accept and acknowledge that MODO AGRARIO will have no responsibility for such comments and scores entered by USERS. Notwithstanding the foregoing, MODO AGRARIO makes available the internal communications channel through the email claims @modoagrario.com so that a USER can provide sufficient evidence for the moderator in charge of the SITE to evaluate the possibility of eliminating or rectifying such qualification if it is not true to reality. In the event that a USER is not satisfied with the response of the SITE regarding their claim for a rating, they should direct their claim to the USER who made the rating in question. 2. USERS. 2.1 You must be registered on the SITE to access or use the services of the SITE. A USER and/or person, human or legal, may only register one user account on the SITE. MODO AGRARIO may cancel or suspend a USER's account if it has reason to suspect that the USER has registered or is in control of two or more USER accounts at the same time. 2.2 The USER will be obliged to provide information or material about his entity, company, products and services as part of the registration process on the SITE. The USER acknowledges, guarantees and accepts that (i) such information and material, whether presented during the registration process or later during the use of the SITE, are true, accurate, updated and complete, and (ii) keep and will promptly correct all information and materials to keep it true, accurate, current and complete. MODO AGRARIO will not carry out any control over the veracity, precision and/or timeliness of the information provided by the USER, so any claim based on this must be addressed directly to the USER. 2.3 By becoming a USER, you authorize the inclusion of your contact information (telephone, real address, shipping address, etc.) in the SITE database and authorize MODO AGRARIO to share contact information with other USERS, when it is necessary for the provision of services, or to otherwise use your personal information in accordance with the provisions of the PDP. Likewise, the USER authorizes MODO AGRARIO to use in the social networks of MODO AGRARIO, on the SITE and in the media that MODO AGRARIO deems appropriate the registered trademarks, de facto trademarks and commercial designations of the business it represents, declaring expressly that it has the necessary powers to extend this authorization. 2.4 By registering as a USER, you authorize MODO AGRARIO to share with other USERS information on: (i) tax data freely available and accessible by the human or legal person, account holder on the SITE; (ii) freely available financial and/or credit data, provided by NOSIS (https://www.nosis.com/es) and the Central Bank of the Argentine Republic of the human or legal person, holder of the account in the PLACE; (iii) the rankings, comments and scores of the SITE; (iv) metrics, tables and data on the number of completed transactions, required products, quality requirements (certifications and required laboratories), technical specification (technical data of the requested products), products to be produced, information on the item, date and times delivery, 2.5 Without prejudice to the provisions of clause 2.1., The USER may authorize his/her representative/s to register on the SITE, so that they are enabled, according to the contracted service, to carry out transactions on behalf of the USER. For this purpose, the USER must access the "CONFIGURATION / USERS" option on the SITE, to enable the personnel who will be authorized to access the SITE and operate at their order and account (hereinafter, the "AUTHORIZED USER"), consequently, any activity carried out by the AUTHORIZED USER is understood and interpreted as being carried out by the USER, without admitting evidence to the contrary. 2.6 The USER will be responsible for all activity on the SITE of the AUTHORIZED USER and must keep the AUTHORIZED USER record updated at all times. The USER must act at all times in relation to the SITE according to the standard of the good businessman. 2.7 The USER declares to be solely and absolutely responsible for the content and/or the information and/or documentation entered on the SITE, as well as its veracity, integrity, exhaustiveness, validity, authenticity and/or legality. Likewise, the USER ensures that he has and always has all the rights and authorizations necessary to generate, enter, host and modify information found within the SITE. 2.8 The USER acknowledges that all the information entered on the SITE will be hosted in a virtual space known as "cloud" or "cloud computing" and expressly releases MODO AGRARIO from all liability related to the information that is hosted in said virtual space. 2.9 The USER will be solely responsible for maintaining the confidentiality and security of their identification and password, as well as for all uses and all activities carried out in the USER account (whether said use or activities are authorized or not). No USER may share, assign or allow the use of their USER account, identification or password to another person, including other individuals within said USER's own business entity (if any). The USER agrees to notify MODO AGRARIO immediately if he becomes aware of any unauthorized use of his password or his USER account, or of any other breach of the security of his account. 2.10 The USER accepts that all the uses of the SITE and all the activities that are carried out through his account (including, among others, publishing any company information, requesting a quote for the purchase of a certain amount of primary products, publish a quote for the sale of primary products and / or accept a certain quote) are considered to have been authorized by said USER freely and in use of full powers for that purpose. Consequently, unless there are duly accredited reasons of force majeure, no USER (whether a SELLING USER or a BUYING USER) may claim that any of their activities on the SITE was not duly authorized, assuming the respective commitment to comply with the corresponding USER. 2.11 The USER acknowledges that sharing your account with other people or allowing multiple people outside of your business entity to use your account may cause irreparable harm to other USERS of the SITE. The USER hereby exempts MODO AGRARIO, our subsidiaries, directors, employees, agents and representatives from any loss or damage (including, without limitation, lost profits) that may be suffered as a result of the multiple use of your account. The USER accepts that, in case of multiple use of his account or of not being able to maintain its security, MODO AGRARIO will not be responsible for any loss or damage derived from such situation and will have the right to suspend or cancel the USER's account. without any compensation liability. 2.12 The USER will not carry out or promote any of the following actions or behaviors on or through the SITE: (i) illicit activities; (ii) dissemination, publication, distribution or disclosure of illegal content, information or propaganda, such as those that have racist, xenophobic, discriminatory content or connotations on the basis of race, religion, sexual preferences or tendencies or political opinions messages advocating crimes , terrorism, attacks against human rights, pornographic, obscene, affect the rights or identity of minors or defamatory, as well as defame, insult, harass, stalk, threaten or infringe in any other way the rights of third parties or morality and good customs; (iii) alter, modify, interfere with or interrupt or damage the SITE, the contents, the SERVICES, the computer equipment, computer programs or equipment and telecommunications and data distribution systems, whether MODO AGRARIO, its USERS or its providers in any form or by any means and, in general, to carry out any conduct that affects or damages the interests of MODO AGRARIO or of the USERS in any way; (iv) introduce or spread computer viruses, Trojans, bugs, spyware, malware, or any type of file, program or data that are likely to cause damage of any kind and to any good or property on the SITE or the contents; (v) use or launch any automated system, including, without limitation, robots, "spiders", "offline readers", "scrapers" or any other system to access the SITE, the content or the SERVICES in a way that generates traffic with MODO AGRARIO's server(s) that exceeds what a user could reasonably produce under normal and habitual conditions of use and navigation of the SITE; (vi) Collect or obtain personally identifiable information from the SITE of other users or use the communication systems available on the SITE to contact other users for commercial purposes, except as may be expressly authorized by MODO AGRARIO; (vii) Access the SITE, the contents or the SERVICES that use technologies and/or means other than those used and authorized by MODO AGRARIO. (vi) Collect or obtain personally identifiable information from the SITE of other users or use the communication systems available on the SITE to contact other users for commercial purposes, except as may be expressly authorized by MODO AGRARIO; (vii) Access the SITE, the contents or the SERVICES that use technologies and/or means other than those used and authorized by MODO AGRARIO. (vi) Collect or obtain personally identifiable information from the SITE of other users or use the communication systems available on the SITE to contact other users for commercial purposes, except as may be expressly authorized by MODO AGRARIO; (vii) Access the SITE, the contents or the SERVICES that use technologies and/or means other than those used and authorized by MODO AGRARIO. 2.13 The USER agrees to hold MODO AGRARIO harmless with respect to any claim from any third party, in relation to the use of the SITE and the information that it has included with its account. 2.14 The USER acknowledges and accepts that he/she is solely responsible for compliance with the legislation and regulations applicable in their respective jurisdictions, in order to guarantee that the access and use of the SITE and that their activity on the SITE is carried out in accordance with the same 2.15 The USER undertakes to make payments in the amounts, conditions and dates agreed in the TERMS 3. BREACHES OF THE TERMS. 3.1 MODO AGRARIO reserves the right, at its sole discretion, to remove, modify or reject any content published by USERS on the SITE if it reasonably considers that (i) it violates any applicable law and regulation; (ii) violates the TERMS; (iii) may entail a liability to MODO AGRARIO; (iv) infringe any rights of third parties; (v) may harm the interests of other USERS, third parties or MODO AGRARIO; or (vi) is otherwise deemed inappropriate in MODO AGRARIO's sole discretion. 3.2 If a USER violates any of the TERMS, MODO AGRARIO shall have the right to take any disciplinary action it deems necessary, including without limitation suspending or terminating the USER's account. and each and every one of the accounts of AUTHORIZED USER or USER that is determined to be related to it by MODO AGRARIO in its sole discretion without incurring liability for losses or damages arising from or in connection with said suspension or termination. 3.3 MODO AGRARIO declares that it will collaborate at all times and fully with government or regulatory authorities, police forces and/or judicial officials, in the investigation of any alleged criminal or civil irregularity. Consequently, upon well-founded request from a competent authority, MODO AGRARIO may reveal the identity of the USER's contact information and/or information related to their account, the transactions and/or activities carried out on or through the SITE. The USER accepts and declares that MODO AGRARIO is not responsible for the damages or results derived from said disclosure. 4. LIMITATION OF LIABILITY 4.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY MODO AGRARIO ON OR THROUGH THE SITE, ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH FAULTS", AND MODO AGRARIO EXPRESSLY DISCLAIMS IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXCLUDED. 4.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODO AGRARIO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED ON OR THROUGH; MODO AGRARIO DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORT, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE OR USE OF THE PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES. 4.3 Any material downloaded or obtained through the SITE is done at the expense and risk of the USER, who will be solely responsible for any damage to their computer systems, or any loss of data that may result from the download of said material. No advice or information, whether oral or written, obtained by any USER of MODO AGRARIO or through or from the SITE will make any guarantee that is not expressly included in the TERMS. 4.4 The SITE makes available to USERS the products and services offered by independent third parties. No warranty or representation is made in connection with such products or services. In no case, MODO AGRARIO will be responsible for those products or services. 4.5 The USER agrees to indemnify and hold harmless MODO AGRARIO, its directors, representatives and employees, from each and every one of the losses, claims and obligations (including legal costs on the basis of full compensation) that may arise from access or use by such USER of the SITE or your breach of any part of the TERMS. Specifically, this clause includes compensation for any claim that a third party, SUPPLIER USER or BUYER USER may make for breach of a commercial transaction that originated in a contact facilitated through the SITE. 4.6 MODO AGRARIO will not be liable for any special, direct, indirect, punitive, incidental, consequential or other damages (including, without limitation, damages for lost profits or lost savings, business interruption or loss of information), or any other damage as a result of any of the following: (i) the use or inability to use the SITE; (ii) any defect in the products, data, information or services purchased or obtained from a USER through the SITE; (iii) the infringement of third party rights or claims or requests for the manufacture, import, export, distribution, offer, exhibition, purchase, sale or use of products or services offered or displayed by a USER on the SITE; (iv) claims by any party that are entitled to defense or indemnification in connection with claimants of rights, petitions or claims of claimants of rights of third parties; (v) unauthorized access by third parties to the data or private information of any USER; (vi) the statements or conduct of any USER on the SITE; or (vii) any matter related to the SITE that may arise, including negligence. 4.7 Notwithstanding the foregoing provisions, the full responsibility of MODO AGRARIO, its employees, agents, affiliates, representatives or any person acting on its behalf in relation to USERS regarding all claims that may arise from the access or use of the SITE in any calendar year it will be equal to the amount of the value that the USER has paid to MODO AGRARIO as consideration for the access or use of the SITE during the three months prior to the claim. Such circumstance does not exclude the requirement that the USER must prove actual damages. All claims arising from the use of the SITE must be filed within a maximum period of 1 year from the date on which the cause of action arises. 4.8 MODO AGRARIO is not responsible nor is it obliged to pay any compensation for any type of loss derived from the lack of availability, inconveniences or failures of the services or systems if there were reasons of force majeure. 5. INTELLECTUAL PROPERTY RIGHTS 5.1 MODO AGRARIO is the sole legitimate owner of all rights and interests in the SITE and its content, including trade secrets, intellectual property rights protected by copyright and industrial property rights. The digital solution and the MODO AGRARIO SITE is and will continue to be the exclusive and unrestricted property of MODO AGRARIO, under the protection of national and international legislation on intellectual property, protected in Argentina by Law No. 11,723 and in the rest of the world by the Berne Convention and the Universal Copyright Convention. 5.2 The unauthorized copying, modification, use or publication of the term "MODO AGRARIO", its variants, icons and logos related to registered trademarks, de facto trademarks and commercial designations are strictly prohibited. The USERS, their parent companies, branches, subsidiaries, affiliates, linked, controlled, commercial representatives, dealers, distributors, agents or third parties with whom they have any commercial and / or legal relationship and / or of any kind: (i) will not license, they will not sublicense, nor will they use any other contractual figure that means having in any way or under any legal form, the digital solution, the documentation, or part thereof related to the SITE or with MODO AGRARIO; (ii) will not decompile, disassemble or reverse engineer any portion of the digital solution provided by the SITE; (iii) they will not use the SITE to provide processing services for third parties, commercial time-sharing, or enter into rental or time-sharing agreements, nor will they act as a “service agency”; (iv) will not provide, reveal, divulge, or make available to third parties the use of the digital solution of the SITE. 5.3 The USERS accept and declare that they will not question, challenge or claim any right or interest in or over the SITE and the intellectual and industrial property rights, or derived from or related to the SITE and the intellectual and industrial property rights. 5.4 USERS shall refrain from using and requesting for registration in the Argentine Republic and in any other part of the world, any trademark, trade name, business name or domain name equal to or confused with "MODO AGRARIO", both during the term of your user account on the SITE as later. 5.5 Considering that MODO AGRARIO may provide USERS with business, commercial and technical information of a confidential nature (onwards, the "CONFIDENTIAL INFORMATION"), the copying, reproduction or any type of total or partial duplication of information is expressly prohibited. the CONFIDENTIAL INFORMATION and the SITE without the express authorization of MODO AGRARIO, under penalty of incurring the penalties of violation of confidentiality and the obligation to repair the damages caused by virtue of said violation of confidentiality, without prejudice to the measure’s legal authorities in case of non-compliance. 6. SITE LINKS TO AND FROM THIRD PARTY SITES 6.1 The SITE may contain links or links to or from Internet sites that are owned or controlled by third parties and that are unrelated to MODO AGRARIO (onwards, the “SITES OF THIRD PARTIES”). The existence of these links on the SITE does not imply that MODO AGRARIO suggests or recommends the use or access to THIRD PARTY SITES or that there is any association between MODO AGRARIO and THIRD-PARTY SITES. USERS accept and understand that MODO AGRARIO has no control over the THIRD-PARTY SITES or their contents and, consequently, MODO AGRARIO does not grant any guarantee or representation nor does it assume any responsibility for the content, services, terms and conditions of use, policies of privacy or practices of THIRD-PARTY SITES. Thus, 6.2 As stated in the preceding clause, MODO AGRARIO does not guarantee, recommend, sponsor or assume any responsibility for the products or services promoted or offered on or through THIRD PARTY SITES. 6.3 MODO AGRARIO recommends the careful reading of the terms and conditions of use and the privacy policies of the THIRD-PARTY SITES. 6.4 MODO AGRARIO authorizes the establishment of links or hypertext links from THIRD PARTY SITES to the SITE or to any part of the SITE, provided that the corresponding pages of the SITE appear in a full window and under their respective IP addresses and under the prior authorization of written in MODO AGRARIO. The owner or person in charge of the THIRD-PARTY SITES that establishes the hyperlink or deep link assumes full responsibility and risk for it. 7. PAYMENT 7.1 The use of the SITE and maintenance of the calendar USER account for those users who register and/or use the SITE as a SUPPLIER USER will have a variable cost of 1% of the net value of all transactions made in each month., considering as calculation base all the concepts that involve the transaction with all the products and/or services until the delivery and/or delivery date agreed in the conditions. 7.2 In order to use the SITE, the USER must have access to the internet and provide one or more current, valid and accepted forms of payment, which can be updated periodically and which accepts payments through third parties. By registering on the SITE, the USER authorizes MODO AGRARIO or the third party that is available to make charges in any payment method associated with its USER in case of rejection or unavailability of its main payment method. Any pending charge will correspond to the USER and may accrue an interest rate of 2% per month. If the payment could not be made satisfactorily, due to the expiration date, lack of funds or if the USER does not update the information of his payment method or cancel his account, MODO AGRARIO may suspend his access to the SITE until he obtains a valid form of payment. For some payment methods, the issuer may charge the USER certain fees, such as transaction fees or other charges related to the processing of your payment method. Local taxes variability depending on the payment method used. 7.3 The USER undertakes to indicate the applicable billing data for payment when registering his account on the SITE and to keep the data updated at all times. 7.4 SITE membership fees and any other charges you incur in connection with your use of the SITE service, such as taxes and possible transaction fees, will be charged to USER's payment method on the first business day of the month. following, with expiration date on the 15th of the same month. In certain cases, your payment date could change, please contact pago@modoagrario.com for any questions regarding billing and payments. 7.5 The PROVIDER USER can cancel his membership in the SITE at any time, which will mean the loss of access to the SITE and the liquidation of the variable commissions stipulated in point 7.1. until the effective date of your membership. To the extent permitted by applicable law, payments are non-refundable. To cancel, you must enter your USER profile on the SITE and follow the instructions. 8. NOTIFICATIONS, RESOLUTION OF APPLICATIONS AND CLAIMS. 8.1 For any request, notification or claim that may arise within the framework of the provision of the services linked to the SITE, the USER must go to the email account reclamaciones@modoagrario.com. 8.2 Claims must be submitted within a maximum period of 14 days from the date of the event that gave rise to the claim. The communication of the claim must contain the reason for the claim and the reasons that support it, a means of electronic contact and a telephone number to communicate with the claimant. In the event that the claim has offensive or inappropriate content at the discretion of MODO AGRARIO or is not carried out with due diligence, it will not be addressed by MODO AGRARIO. 8.3 MODO AGRARIO will act with the professional diligence required to duly consider the claims presented and the course they may have to take to deal with the problem appropriately. MODO AGRARIO will process the claims quickly, within a maximum period of 15 working days and will notify the claimant of the result of the internal processing of the claim, individually and in simple and understandable language. 9. GENERAL PROVISIONS. 9.1 The USERS accept and declare that the TERMS constitute the entire agreement between the USER and MODO AGRARIO with respect to the use of the SITE and that the TERMS regulate and replace any previous agreement, oral or written, in relation to the same matter. 9.2 USERS and MODO AGRARIO are independent contractors, and these TERMS do not intend or create any relationship of representation, association, joint venture, employee-employer or franchisor-franchisee. 9.3 If any provision of the TERMS is held invalid or unenforceable by competent authority, such provision will be removed and the provisions will be deemed valid and enforceable. 9.4 The headings of each section are for reference purposes only and in no way define, limit, construe or describe the scope or scope of said clause or section. 9.5 The circumstance that MODO AGRARIO does not enforce any right or does not act with respect to a breach of a USER under these TERMS shall not constitute a waiver of such right or a waiver of MODO AGRARIO's right to act with respect to breaches subsequent or similar, or even in respect of such breach. 9.6 MODO AGRARIO shall have the right to assign the TERMS (including all rights, titles, benefits, interests, obligations and duties in the TERMS) to any person or entity. On the contrary, the USER may not assign the TERMS, in whole or in part, to any person or entity, unless expressly authorized in writing by MODO AGRARIO for that purpose. 9.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE ARGENTINIAN REPUBLIC. Consequently, the USERS submit to the ordinary jurisdiction in Commercial matters of the Courts of the Autonomous City of Buenos Aires, Federal Capital of the Argentine Republic, excluding any other jurisdiction or jurisdiction that may correspond, in the event of any divergence related to those present. TERMS. -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ----------------------------------- PRIVACY POLICY This document must be read carefully before deciding to use the services of this website Welcome to the website www.modoagrario.com (onwards, the "SITE") of Modo Agrario SA (onwards, "MODO AGRARIO"). 1. PRIVACY POLICY 1.1 MODO AGRARIO values the privacy and security of the information that USERS choose to share freely and expressly through the SITE. Consequently, MODO AGRARIO undertakes to comply with its obligation of secrecy with respect to personal data and the duty to treat it confidentially in accordance with the provisions of Law No. 25,326 and the provisions issued by the NATIONAL DIRECTORATE OF PROTECTION OF PERSONAL DATA. For these purposes, it will adopt the necessary measures to prevent its alteration, loss, treatment or unauthorized access. The USER may at any time exercise the rights of access, rectification, cancellation or opposition, by writing to MODO AGRARIO. 1.2 USERS undertake to read and accept the Privacy Policy of the SITE in order to understand the use and treatment of data prior to sharing the information. MODO AGRARIO's Privacy Policy applies to all users of the Site even if they are not duly registered. 1.3 In addition to the provisions indicated above, the owner of personal data has the power to exercise the right of access to them free of charge in accordance with the provisions of article 14, subsection 3 of Law No. 25,326. 1.4 The AGENCY FOR ACCESS TO PUBLIC INFORMATION, Control Body of Law No. 25,326, has the authority to deal with complaints and claims filed in relation to non-compliance with the rules on personal data protection. The owner of the data has the possibility of exercising the rights of access, rectification and deletion regarding the data in our records in accordance with Resolution 14/2018 AAIP, its amendments and replacements. 1.5 By means of this, the USER is informed and gives his free, express and informed consent to the incorporation of his personal data to the existing automated files in MODO AGRARIO and to the automated treatment of the same, including those that MODO AGARIO has access as a result of browsing this SITE, for the purposes of sending commercial communications, marketing products, maintaining your contractual and management relationship, in order to adapt our commercial offers to your particular profile and to carry out, in your case, evaluative models, always guaranteeing the right to know the criteria and programs used. The recipients of said personal data will be the commercial and technical services of MODO AGRARIO. 1.6 Likewise, the USER, by accepting this Privacy Policy, expressly and unrestrictedly accepts the transfer of personal data to third parties outside MODO AGARIO, without opposition in this regard. These transfers can be local or international. 2. OWNERSHIP OF THE INFORMATION POSTED ON THE WEBSITE. 2.1 USERS assume the obligation to enter and / or provide reliable information corresponding to the individual who chooses to use our services. The shared information may not violate the rights of third parties or be false, for which purpose MODO AGARIO reserves the right to suspend, terminate and / or eliminate at any time the USER account that breaches this Privacy Policy 2.2 In this way , at the time of sharing the information, the USER declares to have the capacity and power to share it and allow us to use and disclose it, including its registration with the Personal Data Department, in accordance with the parameters of our Privacy Policy. Consequently, the USER will be the sole owner and bound by the information shared on the SITE. 3. USER RIGHTS. 3.1 Right of opposition: the USER has the right to oppose the processing of any of their data that is not essential for the operation of the SITE. 3.2 Right of access, rectification, updating and cancellation: the USER is also informed about the possibility of exercising the rights of access, rectification, updating and cancellation, in the terms established in the current legislation, being able to use any of the channels of MODO AGARIO communication or via email support@modoagrario.com. 4. ASSIGNMENT OF PERSONAL DATA. 4.1 The USER accepts that their data may be transferred, exclusively for the purposes referred to in clause 1, to other entities related to MODO AGRARIO. 4.2 The USER accepts that MODO AGRARIO or the companies belonging to its group or commercially related, send them information about the goods or services that they market. 4.3 The USER's acceptance so that their data can be treated or transferred in the manner established in this clause, always revocable, it has retroactive effects, in accordance with the provisions of article 11, inc. 2, of Law 25,326 on the Protection of Personal Data. To this effect, MODO AGRARIO declares that the entities to which the transfer of personal data can be made are located in countries that provide adequate levels of protection and that the entities to which the personal data is sent are signatories of Protection conditions similar to those of MODO AGRARIO. 5. COOKIE POLICY. 5.1 MODO AGRARIO communicates to USERS, through this notice, that it can use cookies when the USER navigates through the different screens and pages of the SITE. During the use of the SITE, you accept and expressly authorize the use of cookies, in accordance with our Privacy Policy5.2 What are cookies? A cookie is a very small text file that a Web server can save on a computer's hard drive to store some type of information about the USER. The cookie uniquely identifies your computer, and can only be read by the website that sent it to your computer. A cookie is not an executable file or program and therefore cannot spread or contain a virus or other malicious software, nor can it be longer than 4,000 characters. 5.3 What are cookies used for? The use of cookies has the sole purpose of remembering the preferences of the USER (language, country, session start, browser characteristics, information on the use of the SITE, etc.). By remembering your preferences, we will know the characteristics of the computer you are using and thus we can offer you a better browsing experience. 5.4 MODO AGRARIO can use cookies in order to recognize USERS and be able to offer them a better and more personalized service. Likewise, they can be used to obtain information about the date and time of the last visit of the USER, measure some traffic parameters within the SITE itself and estimate the number of visits made, so that MODO AGARIO can focus and adjust the services and promotions more effectively. 5.5 The USER can configure his browser to accept, or not, the cookies he receives or so that the browser notifies him when a server wants to save a cookie or delete them from his computer. You can find the instructions in the security settings in your web browser. Examples: - If you use Microsoft Internet Explorer, in the menu option Tools > Internet Options > Privacy > Settings. - If you use Firefox, in the menu option Tools > Options > Privacy > Cookies. - If you use Google Chrome, in the menu option Settings > Privacy. - If you use Safari, in the menu option Preferences > Security. You can use the "Help" section found in the toolbar of most browsers to change your computer's settings; however, some features of our online services may not work or may be more complicated. access if you reject all cookies. 5.6 Many browsers allow you to activate a private mode whereby cookies are always deleted after your visit. Please read the help section of your browser carefully to learn more about how to activate "private mode". You can continue visiting our SITE, even if your browser is in "private mode", however, the USER experience may not be optimal and some utilities may not work. 6. MODIFICATIONS. 6.1 MODO AGRARIO may modify these Privacy Policies at any time. Before any modification, the USER may request any MODO AGRARIO information on the changes made. The new modifications will not require MODO AGRARIO that the USERS accept the policies again, once again providing their consent for the processing of their personal data. In the event that the user does not wish to provide consent to a modification of this, he or she will not be able to continue using the SITE, in which case their personal data will be permanently deleted, with the exception of those necessary for billing fines, in accordance with what is established in the current regulation 7. SECURITY MEASURES. 7.1 MODO AGRARIO declares that, to the extent of its possibilities, it will take all necessary measures required by law for the protection of its databases and personal data. However, the USER, by accepting this Privacy Policy, acknowledges and declares to be aware that security measures on the Internet are not impregnable and that there is the unlikely event of an involuntary leak of information. In such case, the USER waives to make any type of claim to MODO AGRARIO. 8. CONTACT 8.1 For any request or claim that may arise within the framework of the use of the SITE or the Privacy Policy, the USER should address the email account reclamations@modoagrario.com.