TERMS AND CONDITIONS OF USE OF "AGROMOVIL" APP

GENERAL FEATURES

INFORMATION

AGROMOVIL, Inc is a North American company, identified with EIN: 83-1327382 with address in the city of Washington D.C. that for the purposes of these terms will be called THE OPERATOR

 

LEGAL NATURE

These terms and conditions of use regulate the contractual relationship of a commercial nature that binds Consumers who access the virtual platform and the OPERATOR, especially in the authorization of use granted by the latter in favor of the consumer.

 

• DEFINITIONS

Data messages: The information generated, sent, received, stored, or communicated by Electronic ways, optical or similar, such as, among others, Electronic Data Interchange (EDI), Internet, electronic mail, telegram, telex, or fax (Law 527 of 1999 art. 2 lit. a).

Electronic Commerce: Includes the sending, transmission, reception, storage of data messages electronically. Doubts that arise regarding the effectiveness and validity of data messages and other activities related to electronic commerce will be interpreted in accordance with Law 527 of 1999.

Cookies: Strings of text sent virtually that are stored using the Platform by the Operator, for the consultation of the activities and preferences of the users.

Sellers: Any legal or natural person who uses the Platform to offer by means of it an agricultural consumer good with a paid mandate, whose order consists of the conclusion of a sale contract or any other type of lawful contract, to sell goods or services.

Consumers: Any legal or natural person who, as the final recipient, uses the Platform to request through it a paid mandate, whose commission consists of the conclusion of a sale contract or any other type of lawful contract, to acquire goods or services.

Platform Operator: In charge of operationally and functionally managing the Platform, represented for the purposes of these terms by AGROMOVIL Inc., or by the natural or legal person that it designates.

Personal data: It is all information that allows to identify or make identifiable a natural person.

Interaction on the Platform: Faculty of access by Consumers and Sellers to know the products and services displayed by the OPERATOR, the advertising made available on the Platform and express their willingness to request an order.

Of legal age: Natural person over eighteen (18) years old.

SMS text messages, WhatsApp, and Calls: All communications and / or notifications sent by AGROMOVIL by text message (SMS) will be sent from the official number (+57) 3052502330 or the auxiliary numbers (+57)3208715751 or (+57)3125489629. Additionally, AGROMOVIL may communicate with the user through other channels such as WhatsApp and any other means of access to the user if the user has shared the information with AGROMOVIL by means of their prior authorization. AGROMOVIL will only be responsible for the communications and / or notifications sent from this number and / or additional channels that it establishes for that purpose. AGROMOVIL will not be liable to the user or third parties for messages and communications sent from channels that AGORMVIL does not recognize as its own.

Payment gateway: Service that allows consumers to make payments to Sellers and directly to the OPERATOR, through electronic means using technological platforms

The Platform: Web and mobile application managed by the OPERATOR, which allows the concurrence of Consumers and Sellers so that through mandate contracts the Seller agrees business offers and the Consumer requests the management of an order.

Advertising: It is any form of communication carried out by the OPERATOR, to provide information about products, commercial activities and communicate advertising or marketing strategies or campaigns, own or of third parties; made as a reference mechanism and not as a public offer.

Product: Consumer good exhibited through the Platform.

Terms and conditions of use of the Platform: They constitute the terms that must regulate the use that Consumers and Sellers give to The Platform.

Pop-Ups: Internet window or notice that automatically emerges at any time when the Platform is used, especially used for the formalization of the contract and registration and transactions with the payment gateway.

 

OBJECT

These terms and conditions regulate the authorization of use granted by the Operator to Consumers and Sellers, so that they enter the virtual platform, find out about the consumer products displayed, offer their goods, and can establish communications to freely agree conditions of offer that may later represent the management of an order.

 

 

The Operator through the Platform performs the following actions: (i) It allows its use as a virtual Marketplace where its users can market agricultural products ii) It allows the use of the payment platform iii) It serves as a means of sending communications between Consumers and the Seller vi) Capture relevant information to improve the user experience

 

TECHNOLOGICAL PLATFORM THAT ALLOWS ITS USE

It is a platform that allows its free use by various means, namely: (i) web portal: www.AGROMOVIL.co, and ii) application that can be downloaded on mobile devices through virtual Apple application stores (App Store) and Google (Google Play), media that hereinafter and for the purposes of these terms will be jointly called "The Platform". Consumers and Sellers may use the Platform exclusively for their personal use, without this implying the granting of a license of the platform technology of any kind.

 

 

MODIFICATION

The Operator may autonomously modify and at any time in formal, procedural, or substantial aspects these Terms and Conditions of use of the Platform, which will be updated and made available to Consumers and Sellers on the Platform, the latest version published being the that will regulate the commercial relationships that are generated at the time of the transaction. Likewise, it has full autonomy to modify the uses of the Platform allowed to Consumers and Sellers, with the sole duty of informing it by a virtual means that allows its publication and communication to the public.

 

DETAIL OF THE SERVICE

• CONSUMER and SELLER

Any legal or natural person who, as the final recipient, uses The Platform to request through it a mandate, whose order consists of the conclusion of a sale contract or any other type of lawful contract, to acquire goods or services. The use of the Platform is carried out by the Consumer as a capable person, stating that, for the conclusion of contracts, he has full legal capacity to be the subject of rights and obligations, qualities that he endorses at the time of generating his registration. The Consumer has the obligation to: 1) provide an original national identity document (Citizenship / Immigration Card / Passport / NIT), issued by the National Registry of Civil Status of Colombia or by the competent authority in their country of origin.) provide the RUT if it is a legal entity.

 

 

•USER ACCOUNT

Consumers use as a reference for the purchase order, the products that are displayed on the Platform by the Sellers, both having as a necessary condition the creation of a User Account, where data such as name, cell phone number, document, pickup, and delivery location (coordinates), driving directions (text) and access to connect with text messages. This information is used for the full identification of the people who intend to offer their products or carry out the order and, in this way, acquire the products, for compliance with these terms and conditions, for the prevention of fraud, to link the Consumer and Seller and in general for the purposes defined in the information management section. Consumers and Sellers may, in addition to the mandatory and optional information required at the time of account creation, voluntarily provide more data related to their individualization at the time they publish products or make purchases under their Profile within the Platform. In case of forgetting the validation data or of usurpation of these, it is the obligation of the Consumer / Seller to inform the Operator through the option "forgot your password" or through a communication sent to the email contactagent@agromovil.co. User accounts will be managed by the Operator or by the person designated by it, having full power to keep the account or not, when the information provided by Consumers is not true, complete, or secure; or when breach of the obligations of consumers are present. At no time will the Operator request the Consumer information that is NOT necessary to facilitate payment. The entire payment process is the responsibility of the parties involved (Consumer and Seller) and AGROMOVIL will be exempt from liability. With the creation of the User Account, Consumers / Sellers are expressing their willingness to accept these Terms and Conditions of use of the Platform expressly and unequivocally.

Paragraph. The Consumer / Seller expressly authorizes at the time of acceptance of these Terms, the use of Cookies by the Operator in all activity of use of the Platform.

 

•CAPACITY

By virtue of the conditions of legal capacity established in the Colombian Civil Code and the validity of the expression of will through electronic means established in Law 527 of 1999, Consumers / Sellers at the time of creation of the User Account , expressly declare that they have the capacity to carry out the type of transactions that can be carried out using the Platform; and based on the provisions of Law 1098 of 2006 of the Republic of Colombia, minors have the capacity to carry out this type of transaction, however, the Operator must: i) Exclude the data of minors from the information system who have used the Platform; ii) Make the authorities aware of any situation, of which they are aware, that endangers the integrity of a minor; iii) Inform minors who are interested in acquiring products through the Platform using electronic means of payment, that they must carry out the economic transaction of an electronic nature through their parents or legal representatives, after registering on the platform by these; iv) Inform at the time of selecting restricted or prohibited marketing products for minors, so that the age of the Consumer is expressly confirmed.

 

•DESCRIPTION OF THE SERVICE

The Seller exhibits through the Platform agricultural consumer goods (food and raw materials in their first stages of transformation) that are available to Consumers for their general knowledge. Based on these references of product offers, Consumers may carry out a purchase order using the Platform as a means of direct communication with the Sellers and thus agree to the management of a purchase order under their own conditions.

For the process of requesting the management of the purchase order between Sellers and Consumers, these (both) must be fully identified in their User Account and follow the following procedure:

 

 

 

a) Seller and Consumer: register on the Platform specifying the coordinates of the location of their products (in the case of the Seller) or the place where the delivery of the selected product (s) (for the Consumer case) and complete the remaining registration data, these addresses must be in the range of delivery coverage, if they are not in said range, the completion of the transaction

b) Seller: publish the products you have available and want to offer through the Platform. The information regarding the product to be published such as type, quantity, and range of dates in which it will be ready to be collected must be selected veridically.

c) Consumer: select the product. Once selected, the information of the producer, place of origin, available quantity, and available date to collect is made available to the Consumer.

d) Consumer: call the Seller. If the Consumer is interested in the product, he should call the Seller to find out more precisely about the specific characteristics of the product he wishes to acquire in terms of variety / type of the class to which the product belongs, quality, physical characteristics such as level maturity, surface thickness, color, among others. Likewise, in the call, the conditions for the management of the purchase order must be established, such conditions refer to the time of payment (immediate or deferred), price and means of delivery of the product, as well as specific details of the logistics of receipt / product delivery. The Operator will not interfere in this process, which will remain in total autonomy of the Consumer and Seller of the negotiation, therefore, under no circumstances will it assume responsibility for the risks that may arise under these agreed conditions.

e) Consumer: sending the offer. Once the previous step has been completed, through the Platform the Consumer must register exact date to collect the product, quantity of product to request, agreed price, person responsible for transport and time of payment (immediate or deferred). After this, you must send the offer to the Seller.

f) Seller: validation of the offer. The Seller will review the registered purchase offer and may accept or reject it.

g) Consumer: Value. If the Seller accepts the offer, once the preceding steps have been exhausted, the amount to be paid for the management of the requested order is made available to the Consumer, consisting of the purchase of the selected products. Said value reflects: i) Cost of the product in the selected quantity; ii) Cost of the transaction (percentage for use of the Platform and the payment gateway) iii) the amount to be reimbursed for the management, which will not be discriminated unitarily, but will be for the entire amount of the product whose acquisition was requested. The value to be reimbursed corresponds to the total value of the quantity of the product purchased, including transaction costs and taxes. AGROMOVIL INC reserves the right to increase transaction costs. The user acknowledges and accepts the above condition and will not make any type of claim against AGROMOVIL INC for additional charges to the prices directly from the product transaction. The additional values ​​will be charged for the use of the virtual platform.

h) Consumer: Payment. The Consumer will make the payment through the virtual platform directly to the Seller and the Operator.

 

Paragraph

 

i) Consumer: Payment method. The Consumer must select the means of payment that he wishes to use according to the payment time option established with the Seller, having as possibilities for cash on delivery (immediate) or scheduled payment (where payment is made after a few agreed days): i) through cash or ii) through some type of transfer agreed directly with the Seller. Both parties must agree on the payment methods, AGROMOVIL will not interfere in this process.

j) Consumer and Seller: Summary and Email. Once the previous steps have been completed, a summary of the transaction is displayed.

k) Consumer and Seller: Returns. If upon reaching the final delivery process for any reason the conditions agreed in paragraph d) are not met, it is the responsibility of the Consumer and Seller to manage the entire money return process, who will have the call option through the Platform enabled to communicate in this part of the process. The return will be the responsibility of the Seller. In conditions where both parties cannot reach a satisfactory arrangement, the Operator may freely decide to interfere in the process.

 

 

•CONSUMER DUTIES

By accepting these terms, the Consumer undertakes to: (1) Provide true and reliable information when creating their User Account; (2) Refrain from transferring validation data (username and password) to third parties; (3) Refrain from using the Platform to carry out acts contrary to morality, the law, public order and good customs against the Operator, or third parties; (4) Timely pay the seller and operator the economic consideration defined in the contract; (5) Immediately inform the Operator in case of forgetting or usurpation of the validation data; (6) Refrain from engaging in conduct that threatens the operation of the Platform; (7) Refrain from impersonating other Consumers; (8) Refrain from deciphering, decompiling or disassembling any element of The Platform or any of its parts; (9) Enable the use of pop-up windows during operation; (10) In general, all those conducts necessary for the execution of the legal business, such as i) receiving the requested products, ii) displaying identification in the event of sale of restricted-use products, iii) verifying at the time of validation that the selected products do correspond to those in need, iv) inquire about the instructions for use and consumption of the products.

 

•DUTIES OF THE SELLER

By accepting these terms, the Seller undertakes to: (1) Provide truthful and reliable information at the time of creating your User Account; (2) Refrain from transferring validation data (username and password) to third parties; (3) Refrain from using the Platform to carry out acts contrary to morality, the law, public order and good customs against the Operator, or third parties; (4) Provide true, reliable, sufficient, clear and updated information regarding the products it exhibits; (5) Immediately inform the Operator in case of forgetting or usurpation of the validation data; (6) Refrain from engaging in conduct that threatens the operation of the Platform; (7) Refrain from impersonating other Sellers; (8) Refrain from deciphering, decompiling or disassembling any element of The Platform or any of its parts; (9) Enable the use of pop-up windows during operation; (10) In general, all those behaviors necessary for the execution of the legal business, such as i) displaying the true information of its products, ii) responding for the delivery and agreed conditions of the products for which money was disbursed, iii) verifying payment before delivering your products in the immediate payment method and assuming responsibility based on trust dynamics with the buyer in case of deferred payment

 

•DUTIES OF THE OPERATOR

By virtue of these terms, the Operator undertakes to (1) Provide true, reliable, sufficient, clear and updated information regarding the use and interaction of the Platform; (2) Inform sufficiently about the means enabled for Consumers to make the payment; (3) Notify Consumers and Sellers of any update or change presented in the operation dynamics of the Platform; (4) Make the terms and conditions of use of the Platform available to Consumers and Sellers in an updated way; (7) Use the information only for the purposes established in these terms; (8) Use information and validation mechanisms during the transaction such as pop-ups (Pop Ups) or e-mails, which allow the Consumer and Seller to be informed about any news presented.

 

• DESCRIPTION OF PRODUCTS AND SERVICES

The products exhibited through the Platform are agricultural products for domestic consumption or raw materials in their first stages of transformation, these products will be predefined in a standard list defined by the Operator. All products have an overview; This description is made by the Seller; the specific details of the products must be communicated to the Consumer by the Seller by telephone. The platform will make it possible to establish a direct connection between the Consumer and the Seller, establish general terms of the negotiation and make the payments related to the sale contract. The Operator reserves the right to update, modify and / or discontinue the list of products displayed on the Platform.

 

FINAL CONSIDERATIONS

• CONTENTS

Through the Platform, the Operator may make commercial and advertising information available to Consumers and Sellers, its own or from third parties, in accordance with good commercial customs. In these cases, the Operator does not endorse, guarantee, or commit its responsibility towards the services and / or products that are marketed by these third parties, since the Platform serves as a communication and advertising channel, but not as a tool for the provision of external services to the main purpose of marketing agricultural goods. Consequently, it is the total responsibility of Consumers and Sellers to access the sites that the advertising sends, assuming the obligation to verify and know the terms of the services offered by third parties.

 

All the information made available on the Platform such as images, advertising, names, brands, slogans, and other elements of intellectual property; are legitimately used by the Operator, either because they are its property, because it has authorization to make them available, or because it is empowered to do so by virtue of decisions 351 of 1993 and 486 of 2000 of the Andean Community of Nations and the law 23 of 1982.

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• OPERATION OF THE PLATFORM

The Operator manages the Platform directly or through third parties, all the information published directly by the Platform corresponds to true and updated information. In no case will it be liable for direct or indirect damages suffered by the Consumer / Seller due to the use or inability to use the Platform. The platform is available 24 hours a day for access and consultation and carrying out transactions. The Operator makes the best efforts to keep the Platform in operation, but in no case does it guarantee permanent availability of the Platform. The Operator reserves the right to cancel user accounts and / or to prohibit access to The Platform to Consumers or Sellers who carry out behaviors that violate these terms or who fail to comply with their obligations.

contracted.

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• RIGHT OF WITHDRAWAL

Due to the fact that some of the products that are marketed through the Platform are perishable products, the Operator informs Consumers that the operator is not obliged to grant the right of withdrawal enshrined in article 47 of Law 1480 of 2011.

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• ELECTRONIC COMMERCE

In compliance with the Colombian provisions on data messages according to Law 527 of 1999, it is communicated that national legislation recognizes the validity of data messages and therefore they acquire a probative character and entity. Consequently, Consumers and Sellers understand that, through the crossing of data messages, the intervening parties can give rise to the birth, modification, and extinction of obligations, being their exclusive source, the content, consequences, responsibilities, and effects of the information generated. The commercial transaction that is born by this means between Consumers and Sellers, is the conclusion of a contract by electronic means, which is described in the pop-up window of "negotiated" that the Consumer and Seller accepts at the time of the conclusion of the legal business, at no time is a different contractual relationship such as supply, distribution, or other similar configurations.

 

• INFORMATION MANAGEMENT

The information collected by the Operator, Consumers and Sellers for the request of the order, is provided by Consumers and Sellers freely and voluntarily, so that it is managed by the Operator or by whoever it designates for the fulfillment of the duties acquired, what its collection implies; storage on servers or repositories of the Operator or third parties; circulation of the same within the Operator's organization; communication to Consumers and Sellers of commercial, advertising and marketing information related to their commercial activity. Likewise, the data collected will be analyzed to improve the business strategy of the APP or web portal, supported by business intelligence and data mining tools, which allow acquiring prospective knowledge for prediction, classification, and segmentation purposes. The Consumer and the Seller may exercise their right to know, update, modify and delete the personal data existing in the databases associated with the Platform. To do this, you must make the request for consultation, claim or deletion to the email address contactagent@agromovil.co detailing the modifications to be made and providing the supporting documents. The Operator is responsible for the treatment of the personal information collected through the APP, a responsibility that may be delegated to a third party, as the person in charge or in charge of the information, contractually ensuring adequate treatment of the same.

 

• ADDRESS AND APPLICABLE LEGISLATION

These Terms and Conditions of Use of the Platform are accepted in the Colombian territory, in accordance with its general and sectoral regulations. Its adoption implies the exercise of your free will and that the relationship that arises from this document will be governed in all its effects by its content and, failing that, by Colombian commercial law.

 

• TOTAL ACCEPTANCE OF THE TERMS

The Consumer and Seller expressly declares that they have the legal capacity to use the Platform and to carry out commercial transactions. Likewise, she claims to have provided real, truthful, and reliable information; Therefore, you expressly and unequivocally declare that you have read, that you understand and that you accept all the situations regulated in this document of Terms and Conditions of Use of the Platform, for which you undertake to fully comply with the duties, obligations, actions, and omissions expressed here.

If Consumers from other countries use the Platform to request products and services in Colombia, they are fully subject to the provisions of these terms.

 

 

PRIVACY NOTICE - AGROMOVIL INC

To comply with the provisions of Law 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013 as well as the other regulations related to the handling of personal data, AGROMOVIL INC., identified with EIN 83-1327382, hereinafter "AGROMOVIL" informs you that your data will be treated in accordance with this privacy notice and the POLICY FOR THE TREATMENT OF PERSONAL DATA. In this case AGROMOVIL acts as Responsible for the Treatment of Personal Data, so it will keep this data stored and will keep its confidentiality in compliance with the requirements and security measures required by law. The treatment that AGROMOVIL will give to personal data will be limited to the collection, storage, use, circulation within the company, its controlling company, other subordinates, suppliers, and commercial allies for the authorized purposes through mobile applications, sites web and other online products and services. Once the purposes of the treatment for which authorization was granted by the owner are fulfilled, the personal data will be deleted from the AGROMOVIL databases.

Privacy notice: The owner of the information expressly, voluntarily and informed that the data consigned in the databases of AGROMOVIL, be collected, stored for the uses that are set out below: (i) Collect or collect the data personal data and incorporate and store them in our database, (ii) Sort, catalog, classify, divide or separate the information provided, (iii) Use the data provided in communication, disclosure and promotion campaigns or offer of products, activities or services developed as part of the company's internal strategies, (iv) Use them for internal administrative or commercial purposes such as: credit studies, preparation and presentation of quotes, commercial experience references, market research, statistical analysis, conducting satisfaction surveys , offering products and services or recognition of benefits of our program Loyalty manager and after-sales service, (v) Maintain historical records of the company and maintain contact with the data holders, (vi) Verify, verify or validate the data provided, (vii) Study and analyze the information provided for monitoring and

improvement of products, service and attention, (viii) Deliver the information collected to third parties with whom the company contracts the storage and administration of personal data, under the security and confidentiality standards to which AGROMOVIL is obliged according to contained in the relevant laws, (ix) Transfer personal data to third parties located within the Republic of Colombia and / or in any other country so that they can carry out, at their own risk, that is, as responsible, any of The treatments and purposes provided herein (x) Communicate and allow access to personal data supplied to third party providers of general support services and to natural or legal persons shareholders of AGROMOVIL, (xi) Collect, have, manage and use the information received by the owner of the information to make the link as a contractor or supplier, (xiii) Collect, have, handle and use the information to carry out control and prevention of fraud, control and prevention of money laundering and terrorist financing, (xiv) Celebration, execution and management of business proposals and contracts for the services provided, (xv) carry out in accordance with the Law reports to credit bureaus for breach of financial obligations arising from the business relationship.

 

Rights that assist the Holder: (i) Know, update, and rectify their personal data collected by

AGROMOVIL. This right can be exercised among others against partial, inaccurate, incomplete, fractioned or misleading data, (ii) Request proof of the authorization granted to AGROMOVIL (iii) Be informed by AGROMOVIL, upon request, regarding the use that you have given the data of the owner, (iv) Present before the Superintendency of Industry and Commerce complaints for infractions of the provisions of the law (v) Revoke at any time the authorization and / or deletion of the data taking into account the legal limits for This, (vi) Free access to the data of the owner contained in the AGROMOVIL database.

How to know the information of the Holder and how to exercise the rights: AGROMOVIL presents at the option of the Holder the following ways to exercise their rights of "Habeas Data"

Electronic attention: The Data Owner must make his formal request to the address contactagent@agromovil.co after exhausting the legitimation requirements for the exercise of the owner, namely:

To be the owner of the information, to prove the identity sufficiently by any means that AGROMOVIL uses for it.

By the successors, who must prove such quality.

By the representative / attorney-in-fact of the owner of the information, who must also prove such quality.

By stipulation in favor of another or by another they will exercise by set of the people who are empowered to

represent them, and such quality must also be accredited.

The rights of minors will be exercised by the persons in charge of their representation, and such quality must also be accredited.

Written attention: The Data Owner must make his formal request to the address: The Homer Building, 9th floor 601 13th Street, NW Washington, DC, United States; after exhaustion of the legitimation requirements for the exercise of the owner, as described in literal a of this section, by writing where the address where you will receive notifications and responses is specified.

Verbal attention: The Holder of the data must make his interest in verbal request to the contact email contactagent@agromovil.co so that AGROMOVIL establishes an appointment with its staff after exhausting the legitimation requirements for the exercise of the holder, according to

what is described in literal a of this section.

Telephone service: The Data Owner must make his request through the telephone line: (+57) 305250330, after exhaustion of the legitimation requirements for the exercise of the data subject, as described in literal a of this section.