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The present provisions, together with the Privacy Policy, regulate the use of the software solution that allows sending, via WhatsApp, alerts, warnings, recommendations and information for farmers (the "Tool") that TUPL AGRO S.L.U. (hereinafter "Tuplagro") makes available to its users.
The acceptance of these General Conditions of Use by the user attributes to the acceptor the status of user of the Tool and, for this purpose, the User declares:
"Tuplagro" reserves the right to make, at any time and without prior notice or consent of the user, any modification or update of its contents and services; of the General Conditions of Use, and, in general, of any elements that make up the design and configuration of the Tool.
In compliance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, the following general information on the Tool is provided below.
Owner: TUPL AGRO S.L.U.
TAX ID: B93729309
Registration data: company registered in the Mercantile Registry of Malaga, Sheet MA-154240, Volume 5912, Folio 66.
Registered Address Avenida Bulevar Louis Pasteur, number 47, office 135, CP 29010 Málaga.
E-mail: info@tuplagro.com
All the contents of the Tool, not belonging to any user, understood by these merely by way of example, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as graphic design and source codes (hereinafter, the 'Content'), are the intellectual property of "Tuplagro" or third parties, without being transferred to the User any of the exploitation rights recognized by current legislation on intellectual property on them, except those that are strictly necessary for the use of the Tool. "Tuplagro" grants the User a non-exclusive, non-transferable, non-sublicensable license of use, limited to the time during which the User may use the Tool in accordance with the provisions of these General Conditions of Use. The user may use the Tool for the sole purpose of benefiting from the services that "Tuplagro" offers through the Tool and for no other purpose.
The trademarks, trade names or distinctive signs are owned by "Tuplagro" or third parties and the use of the Tool cannot be understood to attribute any right over the aforementioned trademarks, trade names and/or distinctive signs.
Access to the services of the Tool shall require registration in accordance with the provisions of the following section.
In the registration process it is mandatory to fill in or provide all mandatory data in order to use the Tool, by filling in these data the user is aware that he/she may be providing personal data, as specified in the Privacy Policy.
The data entered by the User must be accurate, current and truthful at all times. The registered User will be responsible at all times for the custody of his password (if any), assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it. To these effects, the access to restricted areas and/or the use of the services and contents carried out under the password or telephone number of a registered User shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.
The User undertakes to use the Tool and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions and the Privacy Policy. The User also undertakes to make appropriate use of the services and/or contents of the Tool and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User agrees to hold harmless "Tuplagro" against any possible claim, fine, penalty or sanction that may come forced to bear as a result of breach by the User of any of the above rules of use, also reserving "Tuplagro" the right to seek compensation for damages and damages that may apply. Failure to comply with any of these points will entitle "Tuplagro" to cancel the user, without the user having the right to a full or partial refund of the subscription payment for the current period in the event that such payment exists.
Any resale, modification, distribution or commercialization in any form of any content or services of the Tool by the user or by a third party linked to the user without prior express authorization from "Tuplagro" is prohibited.
The user must accept the necessary permissions for the use of the Tool and shall provide the data that may be requested in each case, guaranteeing its veracity and assuming any liability that may arise from the possible falsity of the same.
The use of the Tool by the user will be free of charge.
"Tuplagro" reserves the right to establish a consideration at any time for the use of the Tool, for which it shall notify the user in advance and request the corresponding method of payment.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall remain in force in all other respects and such provision shall be considered totally or partially as not included.
"Tuplagro" does not guarantee the reliability, usefulness, truthfulness, accuracy and timeliness of the content and information shared through the Tool. "Tuplagro" does not control in advance and does not guarantee the absence of viruses or other elements in the content that may be provided by third parties through the Tool that may introduce alterations in the User's computer system, electronic documents or files. "Tuplagro" shall not be liable, within the limits established in the current legal system, for damages caused to the User or any other third party as a result of the use or information provided through the Tool or due to the unavailability, access failures and lack of continuity of the Tool.
These General Conditions of Use and the right to use the Tool have an indefinite duration. "Tuplagro" or the user may, at any time, with prior notice and for any reason, terminate the relationship between them. Likewise, the user may withdraw from the contract within the periods provided for by law, with prior notice, in which case the right to use the Tool shall cease.
These General Conditions of Use shall be governed by ordinary Spanish law.
Any dispute arising between "Tuplagro" and the user regarding the validity, effectiveness, interpretation and enforcement of these General Conditions of Use shall be subject to the jurisdiction of the Courts and Tribunals of the city of Malaga, unless the law requires a different jurisdiction.
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