Terms and Conditions for Farmers / Village Managers
www.agramonia.com/ (“we,” “us,” or “our”) welcomes you.
- “Customer”, “Tourist” or “Client” ” refers to the person / group ordering or making a request for a good or service on the website Agramonia.com
- “Goods” or “Products” is a reference to any goods which are available as an offer for sale from our Website from time to time;
- “Events” is a service provided by village managers which has a fixed date and which can be requested via our Website. Events can be made in cooperation with Farmers connected to the village manager;
- “Activities”, “Service” or “Services” are services provided by farmers which can be ordered in opening hours by the customer.
- “User”, “You” and ““your” denotes the person who is accessing this application.
- “Farmer” refers to a user type accessing or registering with the website offering Products and services on the website;
- “Village Managers” refers to the user type working as intermediaries between Agramonia and Farmers, who are coordinating offers and able to purchase Events on Agramonia.com;
- “We”, “us”, “our” and “Company” are references to Agrharmonia S.R.L. located at Stejarisu 195, Romania;
- ” Website” “Platform” or “App” shall mean and include "https://www.agramonia.com/, mobile application (“App”) and any successor Website of the Company or any of its affiliates;
BY USING THIS WEBSITE AS A SERVICE (“SERVICE”), YOU DE-FACTO ARE LEGALLY BOUND BY THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE AND CONTACT THE COMPANY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, USING THE SERVICE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT.
The company acts as a service provider of farmers and village managers in accordance with the term of this agreement. The use of the platform is intended to assist farmers and village managers in effectively marketing, promoting, and advertising their products, services and events.
"Product(s) and Service(s)" means all goods, events and services provided by the Farmers and Village Managers for which the Company provides the Platform.
2. Products, Services and Events:
- The farmers offer their products and services via website Agramonia.com for advertising or distribution on the platform.
- The village manager connected to the farmer must approve the service or product and accept or reject it
- The village manager can offer events on the platform, they will be presented on Agramonia.com for advertising.
- The farmers must produce / provide the products and services by himself and guarantee that by offering them he/she is not in contravention of the law.
3. Services to be provided by the Company:
As part of the Services, the Company shall carry out the following functions for and on behalf of the Farmers and village managers for consideration as agreed under this agreement.
- Facilitation of Sale of Products, Events and Services through this Platform:
- Information and assistance in presenting profile, products, events, services and the village
- Information about the status of the order placed by Customers, and
- Operating a customer helpdesk for other inquiries concerning Products, Services, and orders, customer complaints, and grievances.
The Farmer and village manager agree to fully cooperate with the Company as reasonably required, in connection with any customer-service functions undertaken by the Company.
The Farmers authorizes the Company to:
- pass on the information to the connected village manager
- present the description of each of its Products and Services (including but not limited to the technical description of the Products, Services the name of the Product, Services the price of Products, Services and any applicable warranty terms) on the Platform.
- to present the location and the profile (questions, answers, pictures) of the farmer on the platform
- The Farmer's rating based on Farmer's performance and customer reviews.
The Village manager authorizes the Company to:
- present the description of Events (including but not limited to the technical description of the Event the name of the Event the price, and any applicable warranty terms) on the Platform.
- to present the location and the profile (questions, answers, pictures) of the village manager on the platform
- rating based on performance and customer reviews.
4. Quality and Quantity Assurance:
- before the product(s) and service(s) are displayed on the platform, farmers must ensure availability of the product(s) and service(s) on his profile within the specified opening hours.
- For customer requests for product(s) and service(s), the request must be confirmed or rejected within 12 hours from farmer or village manager via the app or our hotline, otherwise, the request will be denied and after repeated degeneration village managers and farmers will be suspended
- Further provided that if due to any reason the product(s) and Service(s) in respect of which the Statement has been furnished become unavailable in the stated requirements, the Farmers shall immediately, from such Product(s) and Service(S) or stated requirements thereof becoming unavailable, update opening hours or put the offer offline on application.
5. Ordering, Invoicing, Collection, and Payments:
- Upon receipt of a booking by the customer, we will update the details of the order confirmation on the App. The farmer or the associated Village Manager will confirm or decline the booking on the App, with the confirmation the booking is irrevocably accepted.
- The Farmer & Village Manager shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Farmers to the customer.
- The Farmer agrees to replace the defective products supplied to the customer at its own cost and shall not hold the Company responsible in any manner whatsoever.
- The Company shall take all commercially reasonable steps to keep the Customer informed of any delays which may take place in the delivery of any Product.
- The Farmers shall draw up, print and issue an invoice to customers for the product or service purchased the farmers agree to enter this in their accounts, the company only enters the commission paid in advance by the customer.
- The farmer is paid directly in cash by the customer. The sum results from the amount entered in the app minus the commission rate estimated in this document
- The Customers shall pay the Service or product with cash only and commission by all available payments on the Platform.
- The Margin retained by the Company shall be subject to applicable withholding taxes (wherever applicable).
6. Commercial Terms:
- For Activities and Products the Farmers will pay to the Company a fee of 30% (“Management Fee”) 15% will be transferred to the Village Manager. The management fee is paid in advance by the customer, the balance fee shall be paid by the customer on cash by arrival basis.
- The village manager has on his Agramonia profile a counter with 15% of the turnover of the farmers, which are connected with him. Every month the collected amount will be send to the village manager.
- The Management fee for Events is 15%
- The company reserve the right to amend the said fee over the time upon notifying to the Farmers registered with the Website.
7. License to Make Use of Intellectual Property.
- The Farmers & Village Managers hereby grants to the Company for the Term a royalty-free irrevocable license to use its Intellectual Property to provide the Services by the Company as contemplated hereunder.
- In the event, the Farmers & Village Managers sources for promoting the Product is from any third party, the Farmers & Village Managers shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Images, Information being sourced from such Supplier, before the display/advertising of such Products on the Platform.
- The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products.
The Parties shall keep all negotiations confidential and maintain the contents of these Terms & Conditions together in strict confidence and shall make no announcement or disclosure without the prior written approval of the other Party save in respect of:
- disclosures necessary to be made to each Party’s consultants, advisors, employees/directors on a need-to-know basis and provided that such third parties are bound by obligations of confidentiality; and
- disclosures required by law.
- These Terms & Conditions shall become effective on the Effective Date as mentioned in the Farmers & Village Managers Agreement and shall remain in force unless Farmers & Village Managers Agreement is terminated between the Parties by the terms hereof (“Term”).
- The Farmers & Village Managers Agreement may be terminated by either Party following the following:
- Upon material breach of these Terms & Conditions or Farmers & Village Managers Agreement by either Party which is not cured within thirty (10) days of receipt of notification from the non- breaching Party, the non-breaching Party shall be free to terminate the Farmers & Village Managers Agreement forthwith;
- Where any Party commits a material breach of the Terms & Conditions and in the reasonable opinion of the non-breaching Party, such breach is not capable of cure, the non-breaching Party shall not be obliged to provide a chance to cure the breach but shall be entitled to terminate the Farmers & Village Managers Agreement forthwith.
- Upon the date of termination of this Agreement, all legal obligations, rights, and duties arising out of this Agreement shall terminate except for such legal obligations, rights, and duties as shall have accrued prior to the effective date of termination and except as otherwise expressly provided in this Agreement.
10. Intellectual Property Rights.
- The Company shall own all rights in any intellectual property created by the Company under these Terms & Conditions, including material, designs, graphics created and / or developed by the Company.
- Subject to the provision of contained herein, the Company owns and shall exclusively own all rights (including all intellectual property rights), title, and interest in respect of the Platform / Website.
11. Representation and Warranties of the Farmers & Village Managers
- The Farmers & Village Managers has all rights (including all Intellectual Property rights), approvals, and consents from any third parties (including Suppliers) required to enter into and perform the Farmers & Village Managers Agreement together with Terms & Conditions and to supply and sell the Products as contemplated hereunder.
- The Farmer& Village Managers has procured all necessary registrations/permits as required under applicable laws for the sale of Products and Services through the Platform (including without limitation registration under applicable laws about any tax of the relevant states). The Farmers further represents that the Farmers shall be solely responsible for collection and payment of applicable taxes concerning the sale of the Products to the relevant government authorities promptly and the Company shall not be responsible nor held liable for any non- compliance/contravention of applicable tax laws by the Farmers& Village Managers. The Farmers& Village Managers hereby agrees to keep the Company harmless and indemnified in this regard. The indemnity obligations of the Farmers & Village Managers contained herein shall survive the termination of the Farmers & Village Managers Agreement together with these Terms & Conditions.
- The Farmers & Village Managers has a valid, clear, and marketable title to all the Products being displayed, advertised, and sold through the Platform under the terms of the Farmers Agreement.
- The Farmers have valid, clear, and full rights/entitlement to use the trademarks, designs, copyrights of or related to the Products or its packaging used in connection with display and advertising of the Products by the Company. The Company has valid clear and full rights/entitlement to use the trademarks, designs, copyrights of or related to the Products on Company packaging during delivery to customers.
- The Farmers& Village Managers shall not provide any Product or Service that is ambiguous or misleading or likely to deceive or mislead or that is defamatory or indecent or which otherwise offends the ethical and moral standards of society. Further, the Product and Service does not infringe copyright, trademark or otherwise infringes any intellectual property rights; that breaches any provision of any statute, regulation, bye-law or any other rule or law, as may be applicable in force from time to time;
- The Product and Service of Farmers& Village Managers will not give rise to any claim or action against Company (www.agramonia.com) its employees, directors, representatives, etc.
- The Company prohibits the listing/sale of the following products and Services for any reason, including but not limited to any product or service that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: any controlled substance, dangerous, counterfeit or stolen goods, goods which do not actually exist, any good that infringes or violates anyone's rights, any item which in our's sole discretion is inflammatory, offensive or otherwise inconsistent with our's standards of business ethics, any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or another language that is deeply or widely offensive.
- The decision of the Company will be final in all matters.
- Every farmer & Village Managers acknowledges having read our terms and Conditions
- The Farmers& Village Managers indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim concerning the Farmers’ product, the breach of any of the Farmers’, Village Managers’ warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Farmers & Village Managers infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, state and federal taxes. The Standards of Weights & Measures legislation, Excise and Import duties, etc. For the purpose of this clause reference to the Company shall also include the Mobile Operators and such other agencies through whom the Company shall make the Platform available to the Customers.
- This article shall survive the termination or expiration of this Agreement.
13. Limitation of Liability
In no event shall Company be liable to the Farmers & Village Managers or customer for any incidental, indirect, remote special, consequential or punitive damages, loss of goodwill or business profits, regardless of the nature of the claim, even if Company knew or should have known of the possibility of such damages or claims. Company’s total liability (including for its indemnity obligations), whether in contract, tort or otherwise, arising out of or in connection with the Farmers & Village Managers Agreement or Terms & Conditions shall not exceed the total Margin received by the Company in the preceding 3 months under the Farmers & Village Managers Agreement.
14. General Clauses.
- The Parties hereby agree that for the purposes of providing the Services and carrying out related functions in accordance with the provisions of Terms & Conditions, the Company is hereby authorized as the agent of the Farmers & Village Managers to act in accordance with the terms herein and other instructions of the Farmers & Village Managers.
- These Terms & Conditions together with Farmers & Village Managers Agreement is the complete and binding agreement of the Parties with respect to the subject matter hereof.
- These Terms & Conditions are applicable for all Farmers & Village Managers and may be modified by the Company from time to time with prior intimation to the Farmers & Village Managers. Farmers & Village Managers hereby agree to be bound by such amended Terms & Conditions, as may be notified by the Company.
- The Farmers & Village Managers shall not assign or sub-contract any of its rights, obligations, or responsibilities under the Farmers & Village Managers Agreement or Terms & Conditions without the prior written consent of the Company.
- The Parties agree that having regard to all the circumstances, the covenants contained herein are reasonable and necessary for the protection of the Parties. If any such covenant is held to be void as going beyond what is reasonable in all the circumstances but would be valid if amended as to scope or duration or both, the covenant shall apply with such minimum modifications regarding its scope and duration as may be necessary to make it valid and effective.
- If any provision of these Terms & Conditions is held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions contained herein.
- Except as expressly provided in this Terms & Conditions, no waiver of any provision shall be effective unless set forth in a written instrument signed by the Party waiving such provision. No failure or delay by a Party in exercising any right, power or remedy under this Terms & Conditions shall operate as a waiver thereof.
- Each Party shall co-operate with the other Party and execute and deliver to the other Party such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of these Terms & Conditions and to ensure the complete and prompt fulfillment, observance and performance of the provisions contained herein and generally that full effect is given to the provisions of the Farmers & Village Managers Agreement together with the Terms & Conditions.
15. Governing Law and Jurisdiction.
These Terms and Conditions shall be read and construed in accordance with the laws of Romania. All disputes arising out of or in relation to these Terms and Conditions and/or the Farmers & Village Managers Agreement shall be subject to the exclusive jurisdiction of applicable Romanian Courts.
We respect the privacy of our users and every person who visits our sites www.agramonia.com. Here, AGRHARMONIA S.R.L.(“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at [email protected]
- ABOUT US:
Agrharmonia SRL is the company owning agramonia.com it is located in Stejarisu and was founded in 2019 in order to give the rural regions of Romania a sustainable perspective in line with local traditions. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.
Our office is in Str. Principala 195 / Stejarisu 557109 / Jud. Sibiu / Romania.
- WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us, we collect personal information that you voluntarily provide to us when registering with Termly, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Site (such as using our policy builder) or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make and the products and features you use.
The personal information we collect can include the following:
- Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
- Credentials. We collect passwords, password hints, and similar security information used for authentication and account access
- Payment Data. Our Partner PayPal s.r.l. is collecting data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected:
We automatically collect certain information when you visit, use or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. If you access our site with your mobile device, we may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.
- HOW DO WE USE YOUR INFORMATION ?
We use your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To send administrative information to you for related to your account, our business purposes, and/or for legal reasons. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To send you marketing and promotional communications for Business Purposes and/or with your Consent. We may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “What are Your Privacy Rights?” section below).
- Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Site.
- To protect our Site for Business Purposes and/or Legal Reasons. We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).
- To enable user-to-user communications with your consent. We may use your information in order to enable user-to-user communications with each user’s consent.
- To enforce our terms, conditions and policies for our business purposes and as legally required.
- To respond to legal requests and prevent harm as legally required. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site, products, services, marketing and your experience.
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
We only share and disclose your information in the following situations:
- Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Partners. We may share your information with the Provider of the Offer and third party like Village Managers and Farmers to provide you an better service.
- With your Consent. We may disclose your personal information for any other purpose with your consent.
- IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
Our servers are located in Romania. We will not transfer your personal information to an overseas recipient other than yourself.
- HOW LONG DO WE KEEP YOUR INFORMATION?
- When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
- HOW DO WE KEEP YOUR INFORMATION SAFE?
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.
- DO WE COLLECT INFORMATION FROM MINORS?
We do not knowingly solicit data from or market to children under 18 years of age. By using the Site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we have collected from children under age 18, please contact us at [email protected]
- WHAT ARE YOUR PRIVACY RIGHTS?
For Customers / Users the only possibility to delete or change solved Information is contacting us using the contact information provided below:
- Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account.
- DO WE MAKE UPDATES TO THIS POLICY?
- HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, email us at [email protected].