TERMS OF USE

 

1. GENERAL 

1.1 These "Terms of Use" apply to any use of www.terrako.com (the "Platform"). 

1.2 The Platform is operated by Kubota Europe SAS. Kubota Europe SAS has its registered office at 19-25 Rue Jules Vercruysse, 95100 Argenteuil, France. All reference to "Kubota", "we", "us" and "our", are references to Kubota Europe SAS. You may contact us via the Contact Us form on the website.

1.3 To the extent you have also entered into one or more agreements with Kubota or an affiliate of Kubota with respect to the use of the Platform, these Terms of Use are in addition to the terms of such agreement.

1.4 These Terms of Use constitute a binding agreement between Kubota and you. Please read these Terms of Use carefully before using the Platform. By accessing and/or using the Platform you agree to be bound by these Terms of Use. 

1.5 You may download, save and/or print these Terms of Use. The Terms of Use can also be accessed on https://software.terrako.com/page/page.termsAndConditions.pagelet2-Page. We may revise these Terms of Use at our sole and absolute discretion from time to time. You should therefore check from time to time to review these Terms of Use.

2. SELLERS

2.1 Through the Platform you can purchase products from parties that have been authorised to use the Platform to sell products, including, in some cases, software licenses ("Sellers"). Sellers are independent (registered) companies. If you purchase a product from a Seller you enter into an agreement between you and the Seller. We are not involved in the transaction between you and (a) Seller(s) other than facilitating the Platform through which this transaction is made. Any complaints or queries concerning the transaction and/or agreement between you and a Seller should be directed at the relevant Seller, for which the contact details will be made available by the Seller. 

2.2 The Seller is responsible for the performance of the agreement entered into between you and the Seller, which, for the avoidance of doubt, inter alia includes the terms of (actual) delivery. Accordingly, in the event of any dispute or complaint in this regard, you should contact the Seller with whom you have entered into an agreement. The manner in which you may do so is set out in the terms and conditions offered to you by the Seller.  

3. USE OF THE PLATFORM

3.1 The Platform is made available via www.terrako.com. In order to purchase products through the Platform, you must create a user account for the Platform ("Account").

3.2 In order to be able to create an Account, you must be at least 18 years of age, provide a valid email address and create a password. When making a purchase via the Platform, further (personal) data may be required, such as a shipping address. 

3.3 You are obligated to provide correct, complete and accurate (personal) data when creating an Account and/or when making a purchase, and to keep the (personal) data relating to your Account up to date. We expressly disclaim any liability relating to any damage, loss or costs resulting from incorrect, incomplete and/or inaccurate (personal) data provided by you.

3.4 You are at all times fully responsible for the confidentiality and use of the Account and for the conduct of those who gain access to the Account. If you have reason to suspect that an unauthorised third party has access to the Account, you must inform us thereof immediately. We expressly disclaim any liability for any damage, loss or costs resulting from unauthorised use of the Account.

4. THIRD PARTY PAYMENT SERVICE PROVIDER

4.1 Payments that are made when making purchases via the Platform are managed by a third party payment service provider. Before making a purchase, the general terms and conditions of this third party payment service provider must be accepted.

4.2 As the payments made via the Platform are managed by a third party payment service provider, Kubota does not have access to (all) payment information. The third party payment service provider is responsible for the completion of the transaction and should be contacted in case of problems with payment when completing a purchase.

5. USER CONDUCT

5.1 You must comply with all applicable laws, regulations and conditions, including these Terms of Use, in connection with your use of the Platform. If you do not comply with these conditions, we may (temporarily) deny your access to the Platform and/or delete or (temporarily) disable your Account.

5.2 You are prohibited from posting or transmitting to or from the Platform any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). Any material posted or transmitted to or from the Platform in breach of these Terms of Use may be removed or edited by us. 

5.3 You are responsible for the actions conducted within or through your Account. In the event of abuse of your Account, we may (temporarily) deny your access to the Platform or terminate these Terms of Use with immediate effect and delete your Account in accordance with the provisions of these Terms of Use.

6. PRIVACY/COOKIES

6.1 Information about how we process personal data with respect to the Platform is included in our Privacy Notice which can be found on https://software.terrako.com/page/page.privacyPolicy.pagelet2-Page.

6.2 Information about how we use cookies and/or similar techniques on the Platform is included in our Cookie Notice which can be found on https://software.terrako.com/page/page.privacyPolicy.pagelet2-Page.

6.3 With respect to a purchase, a Seller is responsible for the processing of your personal data. You will be provided with a privacy notice of Seller with respect to such processing.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 You hereby acknowledge that the software, source code and other content and material on the Platform (including, without limitation, photographs, graphical images and information) may be subject to intellectual property rights. This includes, without limitation, all copyright, patent, trademark rights and trade names used and/or created during your use of the Platform. Unless otherwise stated, these intellectual property rights are proprietary rights owned by us or our licensors.  

7.2 You hereby agree not to infringe any intellectual property rights in relation to the Platform and to indemnify us for all costs, loss and damage arising from any infringement by you of such intellectual property rights. You are not permitted to modify or remove any indication of an intellectual property right of Kubota and/or a third party on the Platform.

7.3 No part of the Platform may be reproduced or stored by you in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

7.4 The Platform may not be used in connection with any commercial purpose except those that are specifically endorsed or approved by us. We will take appropriate legal action in relation to any illegal or unauthorised use of the Platform.

8. DISCLAIMER AND LIABILITY

8.1 We will make commercially reasonable efforts to ensure that the Platform is available 24 hours a day, but we shall not be liable if for any reason the Platform is unavailable at any time or for any period of time. Access to the Platform may be suspended temporarily and without notice in case of system failure, maintenance, repair and/or for reasons beyond our control. We do not guarantee, represent or warrant that your use of the Platform will be uninterrupted and/or error-free. 

8.2 Notwithstanding clause 8.1 of these Terms of Use, the (access to and exploitation of the) Platform as well as any Platform material or Platform services provided by us (which for the avoidance of doubt, does not include any products or services you procure, buy from us or third parties by using the Platform) are provided "as is" and "as available", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Platform on the basis that we exclude all representations, conditions and other terms and expressly disclaim any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement.

8.3 We do not represent or guarantee that the Platform will be free from loss, attack, corruption, viruses, hacking or other security intrusion, and we disclaim any liability relating thereto. If your use of material on the Platform results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You shall be responsible for backing up your own data.

8.4 The Platform may contain links to other sites not supported by us. Such links are provided as a convenience to you. The inclusion of any link does not constitute any endorsement, authorization, sponsorship, affiliation, or monitoring by Kubota with respect to such linked site or its owners. Kubota has not verified the accuracy or completeness of any information in such linked sites and makes no representations as to the information contained therein. Accessing any linked sites is at your own risk. Different terms and conditions, privacy notices and/or cookie notices may concern your use of any linked site. 

8.5 We reserve the right to change the material on the Platform at any time without notice. 

8.6 We are entitled to terminate – for reasons of convenience – the operation of the Platform without any liability arising on our part to pay damages to you. To the extent possible or appropriate, we shall give you prior reasonable notice thereof.

8.7 Nothing in these Terms of Use shall act to exclude or limit our liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not be excluded or limited by statutory law. 

9. INDEMNITY

9.1 By using the Platform, you shall indemnify and hold us, including our directors, officers, employees, affiliates, agents, contractors, and licensors, harmless from and against all liabilities, obligations, claims, damage, loss, costs and expenses (including attorneys’ fees and expenses) arising out of, whether active or passive, your breach of these Terms of Use, your use of the Platform, and/or any action taken by us as part of our investigation of a suspected breach of these Terms of Use.

10. COMPLAINTS PROCEDURE

10.1 If you are not satisfied with the manner in which we perform our services with respect to the Platform, you can submit a complaint to us free of charge via the "Contact Us" page which is available through the Platform. Please note that any complaints or queries concerning the transaction and/or agreement between you and a Seller should be directed at the relevant Seller, for which the contact details will be made available by the Seller.

10.2 Within a reasonable period after receipt of the complaint as referred to in paragraph 1 of this article, a designated employee of Kubota will contact you to discuss the complaint and (try to) achieve a solution. If the complaint has incorrectly been addressed to Kubota, we will direct you to the correct party to address your complaint to, where possible.

11. APPLICABLE LAW AND DISPUTE SETTLEMENT

11.1 These Terms of Use and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of France, without regard to the conflicts of laws provisions thereof. 

11.2 Any disputes that may arise as a result of these Terms of Use shall be submitted to the exclusive jurisdiction of the competent court within the jurisdiction of the Versailles Court of Appeal (France). 

12. MISCELLANEOUS

12.1 No failure and/or delay in exercising any right under these Terms of Use shall impair our right to exercise such right(s) or operate as a waiver thereof in whole or in part. No single or partial exercise of any right under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right.

12.2 You may not assign or transfer any of your rights or obligations under these Terms of Use unless we have provided our agreement therewith in writing. You agree that we may sub-contract the performance of any of our obligations or may assign all or part of these Terms of Use or any of our rights or obligations hereunder without giving you notice. 

12.3 If any term or provision of these Terms of Use are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other terms or provisions of these Terms of Use or invalidate or render unenforceable such terms or provisions in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, we shall good faith modify these Terms of Use so as to effect the original intent as closely as possible in an acceptable manner, taking into account the considerations leading to invalidity, illegality or unenforceability.