Use of Total Farm Performance inFocus Web Portal Terms and Conditions
1 .1 This web portal (“Web Portal”) is provided by AB Agri Limited (“Us”, “We” or “Our”) (company number 193800; registered office address Weston Centre, 10 Grosvenor Street, London W1K 4QY, United Kingdom).
1.2 These Terms and Conditions (“Terms”) set out the terms and conditions for use of this Web Portal. By using this Web Portal, You indicate that You accept these Terms and that You agree to be legally bound by them. If You do not agree to these Terms, please do not access or use this Web Portal.
1.3 We may change these terms at any time by posting changes online. Please review these Terms regularly to ensure You are aware of any changes made by Us. Your continued use of this Web Portal after changes are posted means You agree to be legally bound by these terms as updated and/or amended.
2. Accessing and Using this Web Portal
2.1 You must treat your username and password as confidential and You must not disclose them to any third party. We have the right to disable any username or password at any time if in Our opinion You have failed to comply with any of the provisions of these Terms or the EULA.
2.2 We will not be liable if for any reason this Web Portal is unavailable at any time for any period.
2.4 You shall not:
2.4.1 except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of this Web Portalin any form or media or by any means;
2.4.6 obtain, attempt to obtain, or assist any person in obtaining, access to this Web Portalother than as permitted under these Terms.
2.5 If you breach any of these Terms We may, at Our discretion, immediately suspend or terminate your right to use this Web Portal.
3.1 If You input any information, data, commentary, materials or other content via this Web Portal, whether directly or indirectly via linked platforms such as (but not limited to) Dinamica Generale, Uniform Agri, Unitas (“User Content”), You warrant that You have the right to make it available to Us for all the purposes specified in these Terms or on this Web Portal.
3.2 Where You are not the Organiser, User Content will be made available to the Organiser in an identifiable format (the ‘Organiser’ being the person or entity who has requested You use the Total Farm Performance inFocus platform, and who pays Us for the service). We have the right to collect, combine, use, transfer and/or sell User Content in a non-identifiable format for any purpose.
4. Intellectual property rights
4.1 We are the owner or the licensee of all copyright and other intellectual property rights in this Web Portal, and in the material published on it. All such rights are reserved.
4.2 Save as expressly permitted, no part of this material may be reproduced in any form including storing it in any medium by electronic means whether or not temporary or incidental to some other use.
4.3 You must not use any part of the materials on this Web Portal for commercial purposes without obtaining a licence to do so from Us or Our licensors.
4.4 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way using this Web Portal except as expressly permitted by Us. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the source of material on this Web Portal must always be acknowledged.
5. Disclaimers and Limitation of Liability
5.1 The material on this Web Portal including the information, names, images, pictures, logos and icons regarding or relating to Us and/or Our products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5.2 We may make changes to the material on this Web Portal, or to the products and prices described in it, at any time without notice. The material on this Web Portal may be out of date, and We make no commitment to update such material.
5.3 Where this Web Portal contains links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
5.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Web Portal or to Your downloading of any material posted on it, or on any website linked to it.
5.5 We do not warrant that the operation of the Software will be uninterrupted or error free nor that the Results shall be completely accurate or reliable. You acknowledge that the Results are not intended to be relied upon in isolation and are subject to discretion and judgement . You accept that (to the extent permitted by law and subject to Condition 5.8 ) all use of and reliance on any Results shall be atyour sole risk and that AB Agri shall not be liable, whether in contract, tort or otherwise, for the consequences of your use of or reliance on any Results.
5.6 Except as set out in these terms, any conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise) or other terms as to the quality of the Software and the Results ,their fitness for any particular purpose (even if that purpose is made known expressly or by implication to AB Agri), their non-infringement are hereby expressly excluded to the fullest extent permitted by law.
5.7 The following provisions set out the entire financial liability of AB Agri (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (a) any claim in connection with the Software and/or the Results ; or (b ) any representation, statement or tortious act or omission including negligence arising under or in connection with AB Agri’s making available of the Software and/or the Results .
5.8 Nothing in these terms and conditions excludes or limits the liability of AB Agri: (a) for death or personal injury to humans caused by AB Agri's negligence; (b) for any matter which it would be illegal for AB Agri to exclude or attempt to exclude its liability; or (c) for fraud or fraudulent misrepresentation.
5.9 Subject to Condition5.8 , AB Agri's total aggregate liability for any claim in connection with (a) the Software and/or the Results ; or (b ) any representation, statement or tortious act or omission including negligence arising under or in connection with AB Agri’s making available of the Software and/or the Results, shall be limited to £1 000. AB Agri shall not be liable to you (whether in contract, tort or otherwise) for any pure economic loss, loss of profit, loss of anticipated savings or cost reductions, loss of business, depletion of goodwill (in each case whether direct or indirect) or for any indirect or consequential loss whatsoever and howsoever caused.
8.1 If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
8.2 Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by English law and are subject to the exclusive jurisdiction of the English courts.
14/6/2018 version 1.0