Terms and Conditions
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND REGISTRATION OF USERS.
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.
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----------------------------------- 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.