Terms and Conditions
1. Parties
This Agreement and the appendices attached hereto and referred to herein, which form an integral part of this Agreement (ANNEX-1 Privacy Policy and ANNEX-2 Information Text on the Protection of Personal Data), Agrimetre Membership Agreement (hereinafter referred to as “Membership Agreement”) is entered into between AGRIMETRE YAZILIM VE DANIŞMANLIK LIMITED ŞİRKETİ (hereinafter referred to as Agrimetre) and the Member who registers on https://agrimetre.com/ and/or mobile devices, smart TVs and similar devices to benefit from the paid and/or free digital products and services offered by Agrimetre under the terms and conditions specified in this Membership Agreement. has been accepted electronically by the Member and entered into force on the condition of the article 4.
The Member, by completing the Membership Agreement process, declares that he/she has read the entire Membership Agreement, fully understands its contents, that the information he/she has provided about himself/herself is correct and up-to-date, and that he/she accepts and approves all matters related to the subject of the Membership Agreement and the information on the Website without reservation and condition, and that he/she will not raise any objection or defense against these matters. The Member declares, accepts and undertakes that he/she has all the necessary information about the content, essential features, characteristics and pricing of the service that is the subject of the Membership Agreement.
The Member declares that he/she has been informed of the basic features, sales price, payment method and all other matters regarding the digital data services offered for sale in accordance with the Distance Contracts Regulation published in the Official Gazette dated 29188, and that he/she has been provided with preliminary information and that this Agreement is binding.
The information text (Annex-2) on the processing of personal data prepared by Agrimetre in accordance with the Personal Data Protection Law No. 6698 is published on the Website. The Member declares that he/she has read and reviewed the said information text and privacy policy, and that Agrimetre has fulfilled its information obligation under the relevant law.
2. Definitions
Agrimetre: Agrimetre Yazılım Ve Danışmanlık Limited Şirketi
Member: A real or legal person who registers on the Site and benefits from the Services offered on the Site, comments on the products on the site, under the conditions specified in this agreement.
User(s): Real and legal person(s) accessing the Site via online environment;
Site or Website: https://agrimetre.com/ website consisting of the domain name and subdomain names linked to this domain name.
Agrimetre Services (hereinafter referred to as “Services”): Applications developed by Agrimetre within the Site in order to enable Members to carry out their business and processes defined in the Membership Agreement.
3. Subject and Scope of the Agreement
The subject of the Membership Agreement is the determination of the Services offered on the Site, the conditions for using these Services and the rights and obligations of the parties. By accepting the terms of the Membership Agreement, the Member also accepts all the rules, rules and declarations regarding the use of the Site, membership and Services, as well as any other rules, rules and declarations announced by Agrimetre. The Member accepts, declares and undertakes that he/she will act in accordance with all matters specified in the said rules, rules and declarations.
The Member has purchased the Digital Data Services whose features are specified in this Agreement. The features and usage conditions of the purchased Digital Data Services are as specified on the introduction page on the website https://agrimetre.com/.
With this Agreement, Agrimetre agrees to provide the Digital Data Services to be determined by Agrimetre’s unilateral discretion at the pre-specified prices and conditions at https://agrimetre.com/ and/or on mobile devices, smart TVs and similar devices where Agrimetre applications are located, and the Member agrees to accept the Agrimetre terms of use and pay the service fee to Agrimetre on time.
4. Membership and Terms of Service Use
It is completed by sending the necessary identification information and the registration process being approved by Agrimetre. The right and authority to become a Member as defined in this Agreement cannot be acquired without completing the membership process.
5. Rights and Obligations of the Parties
5.1 While fulfilling the membership procedures, benefiting from the Services of the Site and performing any transaction related to the Services on the Site, the Member agrees to comply with all the terms and conditions set forth in the Membership Agreement, the rules specified in the relevant parts of the Site and the current legislation, and declares and undertakes that he/she understands and approves all the terms and conditions mentioned above.
5.2 The Member accepts, declares and undertakes that Agrimetre will be authorized to disclose its confidential/private/commercial information to official authorities and/or rights holders upon request based on the provisions of mandatory legislation in force or in the event of claims that the rights of other members and Users and third parties have been violated, and that no compensation will be claimed from Agrimetre under any name for this reason.
5.3 The Member has the opportunity to create a membership by entering the e-mail address he/she provided during registration. The same e-mail address cannot be used to create multiple memberships. The Member will use the e-mail address he/she provided during registration as the username and will have a password that he/she can choose. The Member can change his/her password at any time. The selection, change and protection of the password is entirely the responsibility of the Member. The Member declares and guarantees that he/she has the authority to use the Agrimetre Panel and other online products and services with the establishment of this Agreement and has the capacity to comply with these terms and conditions. The Member who acts contrary to this provision accepts responsibility for all legal and criminal sanctions.
5.4 The Member accepts and undertakes that all information he/she provides to Agrimetre during user creation and service use is accurate and that Agrimetre is not responsible for any problems that may arise due to incorrect or incomplete information when necessary. It is the responsibility of the Member to update the information in case of any changes in the Member’s information.
5.5 The Member accepts and undertakes that he/she can use the Digital Data Services subject to the username and password he/she has entered, and that Agrimetre is not responsible for the inability to use the services, including incorrect entry of username and/or password.
5.6 The Member agrees to keep the username and password used to log in to the Platform confidential and not share them with third parties.
The Member will take the necessary care and attention to keep the password and username confidential, will not disclose or allow the password and username to be used by any third party, and will immediately inform AGRIMETRE if he/she learns or suspects that the password has been obtained by unauthorized third parties, and that AGRIMETRE will not be responsible for any damages caused by the use of the password and username by third parties.
5.7 Members may not assign, in whole or in part, their rights and obligations under the Membership Agreement to any third party without the written consent of Agrimetre.
5.8 Agrimetre may make changes and/or adaptations to the Services or offer additional Services at any time in order to enable Members to perform the business and processes defined in the Membership Agreement more effectively. These changes and/or adaptations made by Agrimetre and/or new added Services will be announced to Members by Agrimetre on the web page containing the explanations regarding the use of the relevant Service.
5.9 The legal and criminal responsibility for any transaction and action within the Site belongs to the Members themselves. The Member accepts, declares and undertakes that the service offered by Agrimetre cannot be shared with third parties without Agrimetre’s permission, cannot be uploaded to other websites, and that files, databases, catalogs and lists will not be reproduced, copied, distributed, or processed, and that he/she will not directly or indirectly enter into competition with Agrimetre through these actions or other means. Agrimetre cannot be held directly or indirectly responsible, under any circumstances, for damages suffered or that may be suffered by third parties due to activities carried out on the Site by Members in violation of the provisions of the Membership Agreement and/or legislation.
5.10 Agrimetre reserves the right to change the Services and content offered on the Site at any time; to close access to and delete these contents to third parties, including Members and Users of the Site. Agrimetre may exercise this right without any notification or prior notice.
5.11 Agrimetre may use the Member information on the Site, as it deems appropriate, for member security, its own performance of its obligations and certain statistical evaluations. It can classify and store them on a database.
5.12 Members agree to receive e-mails for information purposes from the site by becoming members of the Site.
6. Membership, Fees and Payment
Agrimetre.com offers 3 types of membership levels:
Standard membership is a monthly membership based on the date you make your first Membership payment and continues unless you notify us of your membership cancellation request on the next renewal date. It is sold on a monthly or annual payment basis. Users cannot export data as excel. Premium membership is a monthly membership based on the date you make your first Membership payment and continues unless you notify us of your membership cancellation request on the next renewal date. It is sold on a monthly or annual.
Premium membership is a monthly membership based on the date you make your first Membership payment and continues unless you notify us of your membership cancellation request on the next renewal date. It is sold on a monthly or annual payment basis. Users can see all data. They can export selected graphics as excel. Enterprise membership is a monthly membership based on the date you make your first Membership payment and continues unless you notify us of your membership cancellation request on the next renewal date. It is sold on a monthly or annual payment basis. Some data is embedded in your application and/or website. Data is directly opened to your use.
In free trial offers offered by Agrimetre to its customers, Agrimetre requires members to register with their bank cards. Agrimetre does not charge members for the first 24 hours. If the Member does not cancel his/her membership within 24 hours of the start of the free trial, the free trial will continue in the form of a “monthly membership”.
MEMBER;
- If you purchase a membership by monthly payment method, the contract period will be extended by 1 month more according to the monthly payment method, unless you request cancellation.
- If you purchase a membership by annual payment method, the contract period will be extended by 1 year more according to the annual payment method, unless you request cancellation.
All payments are made to AGRIMETRE at https://agrimetre.com/: https://agrimetre.com/. Unless the membership is canceled effective from the next renewal date, the Member accepts and declares that Agrimetre will collect the membership fee, including renewals. AGRIMETRE reserves the right to change prices at any time without prior notice.
7. Refunds
The following will apply if the membership is terminated:
If the full payment has been received for the entire membership period, AGRIMETRE will not be obligated to refund any or all of the fees paid.
Since a digital service is provided, users can see and download all data from the moment the data membership starts. Therefore, if the payment for the Membership period has not been received in full, the Member is fully and completely responsible for paying the current fee for the past and remaining period.
8. Privacy Policy
Agrimetre may use information about Members in accordance with the provisions of the Privacy Policy section of ANNEX-1 of this Agreement. Agrimetre will not disclose confidential information belonging to Members to third parties and institutions, except in cases otherwise permitted in the Membership Agreement.
9. Other Provisions
9.1 Intellectual Property Rights
a) All elements of the Site, including but not limited to design, text, images, html code and other codes (hereinafter referred to as “Agrimetre’s Copyrighted Works”), belong to Agrimetre and/or are used under a license right obtained from a third party by Agrimetre. Members may not resell, share, distribute, display, or allow others to access or use the Services, Agrimetre information, and Agrimetre’s Copyrighted Works. Otherwise, they will be obliged to meet the damages suffered by third parties and Agrimetre, including licensors, and the amount of compensation requested from Agrimetre due to these damages, including court expenses and attorney’s fees. Members may not reproduce, distribute, or create derivative works from Agrimetre’s Copyrighted Works.
b) All rights of Agrimetre, including all its property, in-kind and personal rights, trade secrets and know-how, all rights to intellectual and industrial property rights, including the Services, information, Agrimetre Copyrighted Works, trademarks, trade appearance or any other intellectual property rights owned by Agrimetre through the Site, are reserved.
9.2 Amendments to the Agreement
Agrimetre may, at its sole discretion and unilaterally, change this Membership Agreement at any time it deems appropriate by announcing it on the Site. The changed provisions of this Membership Agreement will become effective on the date they are announced; the remaining provisions will remain in full force and effect and continue to have their due and intended effect. This Membership Agreement cannot be changed by unilateral statements by the Member.
9.3 Force Majeure
In all cases considered as force majeure, Agrimetre is not obligated to perform any of its obligations specified in this Agreement due to late or incomplete performance or non-performance. Such situations will not be considered delays, incomplete performance or non-performance or default for Agrimetre, and no compensation can be claimed from Agrimetre under any name for these situations. The term “force majeure” shall be interpreted as events beyond the reasonable control of the relevant party and which Agrimetre could not prevent despite taking the necessary care, including natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power cuts and bad weather conditions, but not limited to these.
10. Disclaimer
The Services provided by Agrimetre are provided “as is” and “as available” and Agrimetre does not give any guarantee or warranty that the Services will be uninterrupted, error-free, accurate, reliable, complete, suitable for specific purposes or that they meet the expectations of Members. Agrimetre does not undertake any responsibility for damages that may arise from the use of the Services or the Site, including but not limited to direct, indirect, incidental, consequential, special, exemplary or punitive damages, even if Agrimetre has been notified of the possibility of such damages.
11. Limitation of Liability
AGRIMETRE shall not be held liable for any damage or loss (including negligence) that may be experienced directly or indirectly due to the use of the Agrimetre Panel or other online products and services. Agrimetre shall not be held liable for any losses arising from the use of the information found or accessed on the Platform or through online products and services or from the MEMBER’s reliance on such information.
12. Service Fee
The MEMBER agrees to pay the service fees for the paid content services described by AGRIMETRE on the website https://agrimetre.com/ in the manner specified, and that he/she will not be able to benefit from the services offered by AGRIMETRE unless he/she makes this payment.
13. Termination and Rescission of the Agreement
Agrimetre may, at its sole and unilateral discretion, decide not to offer the products and/or services subject to this Agreement to its Members and may terminate the service provision. In this case, the Member shall not claim any right or compensation from Agrimetre under any name.
The Member may not use the Digital Data Services for any purpose other than individual/commercial use and/or allow them to be used, and may not transmit, allow to be used and/or transfer them to third parties and/or institutions. In the event that Agrimetre detects an unauthorized use or suspects such use, the services provided under this Agreement may be immediately suspended and this Agreement may be terminated unilaterally without any notice. In this case, Agrimetre reserves the right to claim compensation for its damages and other legal rights. The rights subject to this Agreement may not be used for commercial purposes by the Member in any way.
The Member may terminate his/her Membership at any time from the “Profile” section. (https://agrimetre.com/iump-account-page/)
When the Member terminates his/her Membership unilaterally, he/she may request that his/her personal data provided within the scope of this Agreement be deleted, destroyed or anonymized. The Member’s requests for deletion, destruction or anonymization of his/her personal data will be evaluated in accordance with the procedures and principles set forth in the Agrimetre Personal Data Protection and Processing Policy.
14. Applicable Law and Jurisdiction
Turkish Law shall govern the interpretation, application, and management of legal relationships arising from, within, or under this User Agreement. In the event of any dispute arising from or related to this User Agreement, the Courts and Enforcement Offices of Ankara shall have jurisdiction.
15. Effectiveness
This Agreement shall enter into force upon being read and accepted by the Member and shall remain in effect until terminated by either Party. However, the confidentiality and security obligations of the parties shall remain in effect indefinitely.
16. Contact
The Member may contact info@agrimetre.com for any questions regarding the Terms and Conditions.
Annex-2 Information Text Regarding the Protection of Personal Data (Turkish Citizens)
