Last updated: 1st of January, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
If you are using the site, application or services and you reside in the USA, you are contracting with CropConex. If you reside outside of the USA, you are contracting with CropConex. If you initially reside in the USA and contract with CropConex, but subsequently change your residence to outside of the USA, you will contract with CropConex from the date on which your place of residence changes, and vice versa. (CropConex hereinafter referred to as “CropConex”, “we”, “us”, or “our”).
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COFFEE SELLERS MAY CREATE LISTINGS FOR COFFEE AND COFFEE BUYERS MAY LEARN ABOUT AND BUY OR BID ON COFFEE LOTS DIRECTLY. YOU UNDERSTAND AND AGREE THAT CROPCONEX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COFFEE BUYERS AND COFFEE SELLERS, NOR IS CROPCONEX A COFFEE TRADER, SELLER OR BUYER. CROPCONEX HAS NO CONTROL OVER THE CONDUCT OF COFFEE SELLERS, BUYERS AND OTHER USERS OF THE SITE AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“CropConex content” means all content that CropConexmakes available through the site, application, or services, including any content licensed from a third party, but excluding member content.
“order request period” means the time period starting from the time when an order is requested by a buyer (as determined by CropConex in its sole discretion), within which a seller may decide whether to confirm or reject that order request, as stated on the site, application or services.
“Collective content” means member content and CropConex content.
“Content” means text, graphics, images, music, software (excluding the application), audio, video, information or other materials.
“Buyer” means a member who requests from a seller an order of a coffee via the site, application or services.
“seller” means a member who creates a listing via the site, application and services.
“listing” means an coffee that is listed by a seller as available to buy or to bid on in the application, and services.
“member” means a person who completes CropConex’s account registration process, including but not limited to sellers and buyers, as described under “Account registration” below.
“member content” means all content that a member posts, uploads, publishes, submits, transmits, or includes in their listing or member profile to be made available through the site, application or services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. As you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Modification CropConex reserves the right, at its sole discretion, to modify the site, application or services or to modify these terms, including the Service Fees, at any time and without prior notice. If we modify these terms, we will either post the modification on the site or via the application or otherwise provide you with notice of the modification. We will also update the “Last updated date” at the top of these terms. By continuing to access or use the site, application or services after we have posted a modification on the site or via the application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the site, application and services.
The site, application and services are intended solely for commercial organisations. Any access to or use of the site, application or services by non-commercial organisations is expressly prohibited. By accessing or using the site, application or services you represent and warrant that you are a commercial organisation.
How the site, application and services work
The site, application and services can be used to facilitate the listing and ordering of coffees (also called listings). coffees are included in shops or auctions on the site, application and services by sellers. You may view listings as an unregistered visitor to the site, application and services; however, if you wish to order a coffee or create a listing, you must first register to create an CropConex account (defined below).
As stated above, CropConex makes available an online platform or marketplace with related technology for coffee buyers and sellers to meet online and arrange orders of coffees directly with each other. CropConex is not an seller or buyer of coffee. Unless explicitly specified otherwise in the CropConex platform, CropConex’s responsibilities are limited to: (i) facilitating the availability of the site, application and services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SELLERS AND BUYERS CONNECTING AND ORDERING COFFEES DIRECTLY WITH EACH OTHER. CROPCONEX CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY COFFEES. CROPCONEX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, SHOPS OR AUCTIONS. ACCORDINGLY, ANY ORDERS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK. Account Registration In order to access certain features of the site and application, and to order a coffee or create a listing, you must register to create an account (“CropConex account”) and become a member. You may register to join the services directly via the site or application or as described in this section.
Your CropConex account and your profile page will be created for your use of the site and application based upon the personal information you provide to us or that we obtain via your existing CropConex account. You may not have more than one (1) active CropConex account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CropConex reserves the right to suspend or terminate your CropConex account and your access to the site, application and services if you create more than one (1) CropConex account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CropConex account, whether or not you have authorized such activities or actions. You will immediately notify CropConex of any unauthorized use of your CropConex account.
As a member, you may create listings. To create a listing you must be verified by CropConex. You have to enter your phone number and within 48 hours you will get verified or rejected to sell on CropConex. listings can be made publicly available on one of your shops, can be added to auctions, or can be saved as draft via the site, application and services. Other members will be able to order your coffee via the site, application and services based upon the information provided in your listing. You understand and agree that once a buyer confirms an order for your coffee, you may not request the buyer pay a higher price than in the order confirmation.
You acknowledge and agree that you alone are responsible for any and all listings and member content you post. Please note that CropConex assumes no responsibility for a seller’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. CropConex reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that CropConex, in its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the site, application or services.
If you are a seller, you understand and agree that CropConex does not act as your contracting agent. If a buyer requests an order of your coffee, any agreement you enter into with such buyer is between you and the buyer and CropConex is not a party to it. When you create a listing, you may also choose to include a minimum order amount which must be met by the members who are eligible to request an order of your coffee. Any member wishing to order coffee with such requirements must meet these requirements.
CropConex offer sellers the option of having images of their origins. You agree that you alone are responsible for ensuring that your listing is accurately represented with origin images you own. You alone are responsible for using the images and you warrant that you will cease to use the images or any other images if such images cease to accurately represent your listing. You agree that CropConex may use the images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation.
Each seller that conducts an auction may have their own eligibility requirements that must be met in order for you to participate in that auction. You may be required to register and obtain approval in order to participate in a specific auction. Approval to participate in one auction does not guarantee approval to participate in any other auction, conducted either by that seller, or another seller. Each seller has sole discretion to refuse to approve your eligibility for any live auction.
Each seller may charge shipping, handling, and other fees. These fees are subject to change depending upon the seller and the particular coffee for sale, and are set by the seller.
CropConex is only a venue
- Services. We are neither an auction house nor an auctioneer and are not conducting the Auctions. Our service allows you to participate in auctions conducted by the sellers. We are solely a passive conduit to facilitate communication between the buyer and the seller. We do not intend to create an agency relationship, nor is one created. We reserve the right, in our sole discretion, to change or discontinue some or all of our services at any time.
Control. We have no control over the existence, quality, authenticity, safety or legality of the coffees advertised, the truth or accuracy of the sellers listings, the ability of the sellers to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.
- Release. In the event that you have a dispute with a seller, you release CropConex (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Auction houses. sellers may from time to time list coffees for auction for approved and registered participants to bid on. Auction dates and times, as well as the number, character, and order and schedule of the coffees to be auctioned are set by the seller and are subject to change without notice. Individual lots may be modified or changed at any time. We do not control the information that is provided by sellers and which is made available through our system. We do not guarantee that the sellers maintain proper auctioneer’s licenses or comply with all applicable laws. Bidding, Buying and Conditions of Sale. The terms and conditions for participation in each auction and the conditions of sale specific to each Auction event for each seller will be posted by the seller (the tab “Auction Policies” in every auction). These Policies govern your bidding activity as well as your participation in an auction. The seller acts as an auctioneer and has the final determination with respect to the bidding on the coffee and the sale of the lot.
- No warranty. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE USER AGREEMENT, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS WILL BE RECEIVED BY THE SELLER OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY AN SELLER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
Any references in the site, application or services to a member being “verified” (or similar language) only indicate that the member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by CropConex about any member, including of the member’s identity and whether the member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the site, application and services. We therefore recommend that you always exercise due diligence and care when deciding whether to buy from a seller or to accept an order request from a Buyer, or to have any other interaction with any other member.
By using the site, application or services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from CropConexwith respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other members on the site and services regarding any orders or listings made by you. This limitation shall not apply to any claim by a seller against CropConex regarding the remittance of payments received from a Buyer by CropConex on behalf of a seller, which instead shall be subject to the limitations described in the section below entitled “Limitation of liability”.
“Price” means the amounts that are due and payable by a Buyer in exchange for a coffee. The seller alone, and not CropConex, is responsible for the Prices for his or her listing.
“Seller fees” means the fee that CropConex charges a seller for the use of the services, which depends on different factors. Please contact help@CropConex.com to get more information about the seller fees.
“Auction fees” means the fees a seller has to pay for setting up an auction.
If you are a seller and an order is requested for your coffee via the site, application or services, you will be required to either confirm or reject the order request within the order request period, otherwise the order request will automatically expire. When an order is requested via the site, application or services, we will share with you (i) the first and last name of the buyer who has requested the order and his company and (ii) a link to the buyer’s CropConex account profile page. When you confirm an order requested by a buyer, CropConex will send you an email, text message or message via the application confirming such order.
Please note that CropConex charges seller fees for the creation of listings. You as a seller acknowledge and agree that CropConex reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of listings.
Orders for Buyers
The sellers, not CropConex, are solely responsible for honoring any confirmed orders and making available any coffees reserved through the site, application and services. If you, as a buyer, choose to enter into a transaction with a seller for the order of a coffee, you agree and understand that you will be required to enter into an agreement with the seller and you agree to accept any terms, conditions, rules and restrictions associated with such coffee imposed by the seller. You acknowledge and agree that you, and not CropConex, will be responsible for performing the obligations of any such agreements, that CropConex is not a party to such agreements, and that, with the exception of its payment obligations hereunder, CropConex disclaims all liability arising from or related to any such agreements.
The total estimated price will be displayed to a buyer before the buyer sends an order request to a seller. As noted above, the seller is required to either confirm or reject the order request within the order request period; otherwise, the requested order will be automatically cancelled. Once your order is confirmed by the seller you will receive a confirmation email summarizing your confirmed order.
In consideration for the use of CropConex’s online platform for auctions, CropConex charges the Auctions Fees. Please contact help@CropConexr.com to get more information about auction fees.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the site, application, services and collective content. In connection with your use of the site, application, services and collective content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, customs and tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, application, services or Collective content;
- copy, store or otherwise access or use any information contained on the site, application, services or collective content for purposes not expressly permitted by these terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage the site, application or services, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the site, application or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our site, application, services or Collective content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to coffee;
- “stalk” or harass any other user of our site, application, services or Collective content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an CropConex Buyer or seller;
- offer, as a seller, any coffee that you do not yourself own
- register for more than one CropConex account or register for an CropConex account on behalf of an individual other than yourself;
- contact a seller for any purpose other than asking a question related to an order, coffee, shop or auction;
- contact a buyer for any purpose other than asking a question related to an order
- recruit or otherwise solicit any seller or other member to join third-party services or websites that are competitive to CropConex, without CropConex’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the site, application, services or collective content;
- use the site, application, services or collective content to find a seller or Buyer and then complete an order of an coffee – independent of the site, application or services, in order to circumvent the obligation to pay any Service Fees related to CropConex’s provision of the services or for any other reasons;
as a seller, submit any listing with false or misleading price information, or submit any listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our site, application or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the site, application, services or collective content, or any individual element within the site, application, services or collective content, CropConex’s name, any CropConex trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the site, application or services, without CropConex’s express written consent;
- access, tamper with, or use non-public areas of the site, application or services, CropConex’s computer systems, or the technical delivery systems of CropConex’s providers;
- attempt to probe, scan, or test the vulnerability of any CropConex system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CropConex or any of CropConex’s providers or any other third party (including another user) to protect the site, application, services or collective content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site, application, services or collective content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the site, application, services or collective content; or advocate, encourage, or assist any third party in doing any of the foregoing CropConex
CropConex has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
CropConex may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against CropConex or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of CropConex, its users, or members of the public. You acknowledge that CropConex has no obligation to monitor your access to or use of the site, application, services or collective content or to review or edit any member content, but has the right to do so for the purpose of operating and improving the site, application and services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these terms. CropConex reserves the right, at any time and without prior notice, to remove or disable access to any collective content that CropConex, at its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the site, application or services.
CropConex content and member content license subject to your compliance with the terms and Conditions of these terms, CropConex grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CropConex content. You have no right to sub-license the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the site, application, services, or collective content, except as expressly permitted in these terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CropConex or its licensors, except for the licenses and rights expressly granted in these terms.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit member content. By making available any member content on or through the site, application and services, you hereby grant CropConex a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such member content on, through, by means of or to promote or market the site, application and services. CropConex does not claim any ownership rights in any such member content and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit any such member content.
You acknowledge and agree that you are solely responsible for all member content that you make available through the site, application and services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all member content that you make available through the site, application and services or you have all rights, licenses, consents and releases that are necessary to grant to CropConex the rights in such member content, as contemplated under these terms; and (ii) neither the member content nor your posting, uploading, publication, submission or transmittal of the member content or CropConex’s use of the member content (or any portion thereof) on, through or by means of the site, application and the services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The site, application and services may contain links to third-party websites or resources. You acknowledge and agree that CropConex is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CropConex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of CropConex used herein are trademarks or registered trademarks of CropConex. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Suspension, termination and CropConex account cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your CropConex account. If we exercise our discretion under these terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your CropConexb account will be deactivated or suspended, your password will be disabled, and you will not be able to access the site, application, services, your CropConex account, your member content, or receive assistance from CropConex Customer Service, (b) any pending or accepted future orders as either seller or Buyer will be immediately terminated, © we may communicate to your buyers or sellers that a potential or confirmed order has been cancelled, (e) we may contact your buyers to inform them about potential alternate coffees with other sellers that may be available on the site, application and services, and (f) you will not be entitled to any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your CropConex account. You may cancel your CropConex account at any time via the contacting help@CropConex.com.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CROPCONEX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CROPCONEX MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CROPCONEX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SELLERS, BUYERS, THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CROPCONEX OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS OR BUYERS. YOU UNDERSTAND THAT CROPCONEX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. CROPCONEX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY CROPCONEX. LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR ORDER OF ANY COFFEES VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CROPCONEX WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CROPCONEX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR ORDER OF ANY COFFEE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CROPCONEX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Entire agreement: These terms constitute the entire and exclusive understanding and agreement between CropConex and you regarding the site, application, services, collective content, and any orders or listings of coffees made via the site, application and services, and these terms supersede and replace any and all prior oral or written understandings or agreements between CropConex and you regarding orders or listings of coffees, the site, application, services, and collective content.
You may not assign or transfer these terms, by operation of law or otherwise, without CropConex’s prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be null and of no effect. CropConex may assign or transfer these terms, at its sole discretion, without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms, will be in writing and given by CropConex (i) via email (in each case to the address that you provide) or (ii) by posting to the site or via the application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
These terms shall be governed and construed in accordance with the laws of Austria without regard to its conflict of law provisions. Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.
The failure of CropConex to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CropConex. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
Third party beneficiary
These terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these terms.
If you have any questions about these terms please contact CropConex.