END USER LICENCE AGREEMENT FOR TRADECORP INTERNATIONAL´S MOBILE APPLICATION (“EULA”)
1. Owner of the Application
Name: Trade Corporation International, S.A. Unipersonal (hereinafter Tradecorp International).
Address: 498 Alcalá Street, 2nd Floor, Madrid – Spain.
Company ID number: A-46715413.
Registry of company: Volume 18655; Sheet M-324710; Page 90.
Contact phone: +34 913 273 200.
Contact email: firstname.lastname@example.org.
Tradecorp International is the owner of this mobile Application (“App”) and makes this App available to users so as to provide information about its products and as a way of contact.
An updated list of countries where the App is available and, therefore, the EULA applies is listed in Annex I.
2. Acceptance by the user
This EULA constitutes a formal agreement between the user and Tradecorp International. By accessing or using the App, including downloading or use of content, user completely agrees to comply with this EULA.
The user shall read this EULA carefully then click the “I ACCEPT” button at the bottom of the page to indicate that fully understands and accepts the terms stipulated in this EULA and agrees to abide by them. If the user does not agree to this EULA, he/she may refrain from using the App. Tradecorp International reserves the right to modify this EULA at any time with no prior warning.
The version of the EULA which is in force will appear in Tradecorp International’s webpage. In case that the user experiences any technical problems in regards of the displaying of this EULA in the electronic device, the user may find an exact duplicate of this EULA in http://tradecorp.com.es/en/
3. General rules
The user agrees that, when using the App, he/she will comply with (1) all Applicable Laws; (2) this EULA; and (3) the Licensed Application End User License Agreement that the App Platform (e.g. Google Play, Apple Store, Blackberry World, Windows Phone Store…) may be regulated by. In particular, but without limitation, the user agrees not to:
(I) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) intellectual property infringement; or
(II) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(III) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by this EULA or by law.
(IV) Use the content and information obtained through the App for sending advertising, nor for sending messages for direct sales, nor for any other commercial purpose, nor for collecting or storing personal data of third parties.
The recommendations and technical information provided in this App come from several trials and studies that have been undertaken by Tradecorp International; however, during the application of the product several factors out of our control may take place (tank mixes, application, climatic conditions, etc.). Also, depending on the country, agrochemical manufacturers may change formulations, contents, adjuvant, recommended rates of application and recommended water rates and water quality may also vary, and any change may alter the information contained in the App. In neither of these circumstances will Tradecorp International accept any responsibility for any damage as a result of the testing or application of the tank mix. Any recommendation must serve as a guide and be adapted to local conditions, so any decisions made based on the App are the responsibility of the user.
Tank mixes of Tradecorp International products with agrochemicals or other substances are made for convenience of application only. The information contained in this App refers only to “physical compatibility” and does not represent a guarantee of chemical and/or biological compatibility, nor crop safety. Physical compatibility tests analyze whether products are physically suitable for application with conventional machinery. Tradecorp International gives no warranty and accepts no liability in respect of physical compatibility. The user must, at all times, read product labels before use and follow the instructions and precautions for the safe handling and mixing of every product in the tank mix test.
The user agrees to indemnify Tradecorp International and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of using of the App otherwise than in accordance with this EULA or Applicable Laws.
4. Personal Data Protection Policy
5. Intellectual Property
All the contents provided on the App and more specifically the images, designs, texts, figures, logos, icons, software, commercial names, trademarks, industrial drawings or any other symbols susceptible to industrial and commercial use may be intellectual property rights of Tradecorp International or third parties who have duly authorized its use to Tradecorp International in the App.
Under no circumstances may be understood that any license shall be awarded or any renouncing, transmission, total or partial assigning of said rights be made, nor that any rights or expectation of rights be given to users, and, more specifically, any alteration, exploitation, translation, reproduction, distribution or public communication of the said content will be forbidden without prior authorization in writing from Tradecorp International or the corresponding owners of the rights.
6. Liability and Warranties
The user recognizes and accepts that the use of the App and the content included therein is done at his/her own risk and responsibility. The App is provided on an “as is” basis and Tradecorp International hereby expressly disclaims all representations, conditions and warranties of any kind, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Tradecorp International is not responsible for any direct or indirect damages, loss of profits (including, but not limited to, loss of profitability) or interruption of activities suffered by the users which might be caused by (i) interference, omissions, interruptions, viruses, faults and/or disconnection in the operational running of this electronic system or the equipment of the users, caused by reasons which are beyond the control of Tradecorp International and which prevent or delay navigation over the System or access to any part of the content of the App, and (ii) the inexactness, errors or omissions occurring in the information contained on the App, and Tradecorp International does not guarantee that the content of the aforementioned information is appropriate for the individual objectives of the user. Without limiting the foregoing, Tradecorp International specifically disclaims all claims and warranties related to the malfunctioning of the App.
Tradecorp International does not control the use that is made of the App by the user nor does it assume any obligations with regard to supervising the information provided by the user. More specifically, Tradecorp International does not guarantee, under any circumstances, that the user will use the App in accordance with the Law and this EULA, or with generally accepted moral standards and behavior and public order, nor that the said use will be diligent and prudent.
Moreover, the user recognizes and accepts that all the information and material, including software, text, data, figures, photos, designs, logos and icons which are included on the App are provided merely for information purposes and do not constitute the establishing of professional relations between the users and Tradecorp International.
In the event of any failure of the App to conform to any applicable warranty, the end-user may notify the App Platform and this may, if so stipulated in the App Platform End User License Agreement, refund the purchase price for the App to that end-user; and that, to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the user’s sole responsibility.
The App Platform and its subsidiaries, are third party beneficiaries of the App Platform End User License Agreement, and that, upon the end-user’s acceptance of the terms and conditions of the aforesaid legal document, the App Platform will have the right (and will be deemed to have accepted the right) to enforce it against the end-user as a third party beneficiary thereof.
7. Applicable legislation and jurisdiction.
This EULA will be governed by the legislation of the Kingdom of Spain.
The user expressly agrees, except in case the user holds the condition of consumer or is governed by any sort of special jurisdiction, to be subject to the Courts and Tribunals of Madrid in the event that there is a need to resolve any controversy arising from the interpretation or execution of these contractual conditions.
The user may contact Tradecorp International through the contact information provided in the section named “Owner of the Application”.
List of Countries where the App is available
- Czech Republic
- Maurice Island
- South Africa
- United Kingdom