I. INTRODUCTION

These general terms of use is an agreement, which governs the relationships between AGRIA GROUP HOLDING JSC (The Company) in the capacity as the administrator of the website  WWW.AGRIABG.COM (The Site) and its visitors.

AGRIA GROUP HOLDING JSC is a company registered in the city of Varna , its business address is: 9^th fl., 111, Knyaz Boris I Blvd. The company is entered in the Commercial Register and Register of NPLE to the Registry Agency under BULSTAT UIC 148135254 and it is represented by the Executive Director Emil Raykov.

This agreement is applicable to the information, services and systems, which are accessible through the Site, its mobile versions, as well as by any other application or services, which are or can be connected with the Site.

By accessing the Site through a computer or other devices, the User gives their consent, that they have read these General terms of use of the Site and the appendixes to them, and they confirm to follow them.

II. TERMS

In the implementation and interpretation of these General terms of use, the terms herein used shall have the following meaning:

1. “Personal data controller“ means a person who, alone or jointly with others, determines the purposes and means of the processing of personal data

2. „IP Address” is a unique identification number, which associates a device, Internet page or a user resource in a way which allows their localization in the global Internet network

3. “Cookies” are small text files, which are created, accessed, read, modified or deleted on the hard disk of the end user in any of the following ways: а) from Internet server through an Internet page and/or b) from an Internet page added program code (JavaScript) representing a part of the abilities of the Administrator to collect, store permanently and access information about the users.

4.„Hyperlink” is a link that is marked on an Internet page, which allows a reference and connection to another Internet page, information resource or object via standardized protocols, as a result of a certain interface action, e.g. a click.

5. „Malicious acts” are actions or inactions disrupting the Internet ethics or causing damage to persons connected to the Internet or associated networks, sending unsolicited mail (SPAM, JUNK MAIL), overflow of the channels (FLOOD/DoS), gaining access to other people’s privileges and passwords, using system deficiencies for own benefit or for gaining information (HACK), performing any action which can be classified as industrial espionage or sabotage, damaging or destroying systems or data sets (CRACK), sending “Trojans” or causing the installation of viruses or systems of remote control, disruption of the normal functioning of the rest Internet, users and associate networks, performing any action which can be classified as a crime or administrative violation under the Bulgarian legislation or the legislation of another country.

6. „Internet page” is an integral or separate part of a website

7. „Information system” or “System” is a device or a system of connected devices, which is used for saving, sending or receiving electronic documents.

8. „Personal data“ means any information related to an identified natural or legal person, which can be identified („data subject“).

9. „Third party – controller of personal data“ is a natural or legal person, who process personal data on behalf of the controller.

10. „Processing“ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

11. “User” or “End user” is every individual who uses the information services and resources provided through the Site and who acts outside its commercial activity, job or profession.

12. „Accidental event” is an ‘unforeseeable’ as of at the time of concluding the contract circumstance of an extraordinary nature, which makes the provision of services objectively impossible.

13. “Data subject” is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

14. „Data subject consent“ means any freely given, specific, informed and unambiguous indication of the data subject's wishes made by a statement or by a clear affirmative action, which expresses his or her consent to the processing of their personal data. 

15. „Server” is a hardware or software component which performs functions in saving, delivery and serving of web pages of customers.

16. “Commercial messages” are advertising  or other messages presenting directly or indirectly the goods, services or person’s reputation, who performs commercial or job activity or exercising regulated profession.

17. „Website” is a separate place in the global internet network through its uniform resources locator using protocol HTTP or HTTPS and containing files, text, programs (software), audio, images, hyperlinks or other materials and resources.

18. „The Website WWW.AGRIABG.COM" or “The site” is a website, owned by the Company, through which the end users are provided with different information services and resources, subject to these General terms of use.

19. „Services” are the services which are provided through the Site.

 III. SUBJECT OF THE AGREEMENT

Through the Site the Company provides to the users the use of the services in a conscientious, rigorous and rational compliance with the rules and requirements of these General terms.

The provision of the Services does not include the provision of computer and / or other client equipment (end-user devices for Internet access) and connectivity for the transfer of information packages between the user and the website, which are necessary to access the site.

Since the Services provided are various and constantly supplemented, modified and developed, in order to improve them and make them effective, the services and the terms and conditions of their provision may be changed at any time by the Company.

 IV. FUNCTIONAL CHARACTERISTICS OF THE SITE

1. Territorial and personalized activity scope

The Site and the services provided through it are not limited to particular territorial boundaries.

The Site and the services provided through it are designed for users from within the EU and third countries without any discriminatory feature.

2. Purpose of the Site

The purpose of the Site has three main purposes:

1. Informing visitors to the Site about the Company’s activity, vision, mission, values, corporate and social responsibility as well as the provided goods and services, including the conditions for their sale.

2. Informing  visitors to the Site about the corporate structure of the Holding and presenting materials in connection with the public nature of the Company and the interests of the investors.

3. Informing visitors to the Site about the contact details of the Company in case they need additional information, requests, comments and recommendations and to receive information about their rights and means of exercising them. 

3. Conclusion of the Agreement

The Agreement between the User and the Company shall take effect immediately in the manned indicated above.

The Agreement shall be concluded in Bulgarian language. 

By accepting these General terms, the User also agrees to the use of electronic mail as a mean of communication with him/her.

The user agrees to be an addressee and to receive electronic statements from the Site and its administrator.

The parties agrees that the messages sent between the latter comprise electronic statements and that the accompanied information comprise identification of the Site, respectively the User as an author and  holder of these electronic statements, as well as the latter present an electronic signature, for which the parties acknowledge the effect of a handwritten signature in their relationships.

This Agreement is in effect until the User stops the use of the Services available through the Site.

The site, its services and content are not targeted at minors.

4. User rights and obligations

The User has the right of access in real time (online) to the Services, provided through the site. Availability of the site is determined by the Company.

The User has the right of access to User’s content, which is published on the Site, only for personal use.

The right of access which is given to the User does not include the right to copy or reproduce information, or to use protected information or objects of intellectual or industrial property, except for a minor amount of information intended solely for personal use, provided that such use does not harm the legitimate interests of the authors or other holders of intellectual or industrial property rights and that the copying or reproduction is done for non-commercial purposes. 

When using the Services provided, the User is obliged:

1. To not perform malicious acts under the meaning of the Terms of use;

2. To not extract by technical devices or by any other technical means any informational resources or parts of them, which are included in the data bases available through the Site and to create in this way its own data base in electronic or any other form.

3. To not present himself or herself for other person or representative of a person who is not given the authority of representational power or in any other way to mislead the Site or third parties as to its identity or belonging to a particular group of people;

4. To immediately notify the Company of any case of violation done or found using the Services;

5. To not perform an activity which includes the use of viruses, bots, worms or other computer code, files or programs that interrupt, destroy or limit the functionality of computer software or hardware or telecommunications device, or otherwise permit the unauthorized use of or access to a computing device or computer network.

5. Company’s liability limitation

The Company provides through the Site the Services for using by the User “as they are” and “as they are available”.

The Company does not guarantee or promise particular results from the usage or a continuing opportunity for use of the Services.

The Company does not give warranties of that:

1. The use of the Services by the User will be uninterrupted, timely, enabled and secure or flawless;

2. Possible defects in the Services will be corrected;

3. The Services provided or the services based on which the latter are constructed, will be free from viruses or other harmful components;

Under no circumstances shall the Company be liable for any loss or damage that results from:

1. The use of the Services;

2. Problems or technical malfunctioning in connection with the use of the Services;

3. Materials, which are downloaded through or in relation to the Services;

4. User content;

5. Users’ behavior in connection with the Services, whether in real time (on line) or not (off line).   

The Company shall not be liable if the User cannot access the Site due to problems outside the control of the Site – software, hardware, a problem with the Internet connection or force majeure.

The User agrees to be reliable for all cost related to the maintenance, status and connection of his or her computer system or other property, which is necessary for the use of Services by the User.

The Company reserves the right to systematically interfere with the entire functionality of the Site, including, but not limited to, suspending the access to it, provided  that there is a reasonable grounds.

6. Penalties

To the full extend, which is permitted by the applicable law. The company shall not be liable for damages suffered by the User, which are 1. Indirect; 2. Subsequent; 3. Incidental; 4. Criminal, including damages for lost profits arising from the use or inability to use the Services.

Notwithstanding the foregoing, the Company’s liability to the User with respect to any action or omission in connection with or relating to the use of the Services shall always be limited to a penalty of 100 leva.

V. AMENDMENTS TO THE GENERAL TERMS

The Company has the right to and can unilaterally, at any time and without prior notice, modify these General terms.

Any amendments of the General terms of use shall be published on the Site in a way that ensures the ability of its reproduction and recording (storage) by the User on a durable medium.

An archive of the General terms of use is published on the Site, containing the current General terms and all subsequent amendments, whereas the possibility of their reproduction and recording (storage) on a durable media shall be provided.

All amendments to these General Terms shall apply in the future.

With each use of the services and resources of the Site, including loading the site on the Internet, and by clicking on a link in any web page of the Site, the User declares that he or she is familiar with these General terms, agrees with them and undertakes to respect them.

Continuing  use of the Site after any amendments to the General terms of use, confirms the adoption of the amendments, which validly binds the User.

In case the User does not agree with the General terms of use of the Site, he or she shall not use the Site or any of the Services.

VI. TERTM AND TERMINATION OF THE AGREEMENT

The current agreement enters into force without a delay from the time of its acceptance by the user and is valid until terminating the use of the services.

VII. DISPUTES, COMPETENT AUTHORITY AND APPLICABLE LAW       

As a basic principle for the implementation of this agreement, the parties perceive the mutual understanding and tolerable concessions. In this sense, the parties agree to resolve the controversial issues that arise between them, in a spirit of goodwill and through the path of negotiations.

Any dispute, disagreement or claim arising from or regarding the fulfilment and respectively the non-fulfilment of obligations, shall be settled by the parties through negotiations and by their goodwill.

In case of failure to resolve disputes arising from and in connection with this contract, its fulfilment, respectively the non-fulfillment, the parties agree to resolve the same before the competent Bulgarian court determined in accordance with the rules of the generic jurisdiction according to the applicable law of the Republic of Bulgaria. In the case of a private international dispute, the court, which has jurisdiction to hear the dispute, shall be determined by the rules of the private international law.

The legislation applicable under this Agreement is that of the Republic of Bulgaria. In the case of a private international dispute, the applicable law should be determined by the rules of the private international law.

These General Terms of Use are adopted and endorsed by the Executive Director of Agria Group Holding JSC – Emil Raykov on 23th of May 2018. 

The General terms are consistent with the legislation in force as of the date of endorsement as well as with the Common European and national legal framework in the field of personal data protection.