This General Terms and Conditions of Operations provide conditions of the accessing, purchase, and sale of Services provided by the company ELMITEL.
By using or accessing any part of eOrchard Site, Services or purchase you agree to be bound by these General Terms and Conditions of Operations, published on the web page of eOrchard (www.eorchardapp.com) and at its place of operations.
„User“ is every person who access eOrchard Site and uses the eOrchard Services.
The „Buyer“ under this General Terms and Conditions of Operations is a legal or natural person, who uses and buys the Services under the General Terms and Conditions of Operations and who concludes a sales contract with ELMITEL.
„Consumer“ is every natural person, so defined by the applicable law, who obtains and uses the Services for the purposes not related to his business or gainful activity.
„Means of distance communication“ are such means that enable the conclusion of the contract without physical presence of both contracting parties. Such means are especially: letters, orders, catalogues, telephone conversations, e-mail, internet, etc.
The „Services“ under this General Terms and Conditions of Operations represent the services that eOrchard provide through the Site.
„Site“ refers to eOrchard website: www.eorchardapp.com, and any of its subdomains.
„eOrchard“ is online (web based application) orchard management software that helps growers to manage their crop production, organize time, and analyze data; provided by company ELMITEL.
3. ACCESSING THE SITE AND USING THE SERVICES
The User uses the Services through the web. Before using eOrchard software, User will need to sign up for an account by providing eOrchard with their name, surname, email and phone number. eOrchard may also require additional information from the User if necessary.
When accessing eOrchard Site or using eOrchard Services Users are fully responsible for the use of eOrchard Site and Services and agree not to use it in ways not explicitly authorized by ELMITEL.
eOrchard does not own User content and is not responsible and liable in any way for the content in case of illegal, abusive, harrasing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable content in eOrchard reasonable opinion.
The eOrchard Site and Service may contain links to other websites (such as in advertisements), integrated third party products or allow others to send such links. A link to a third party’s website does not mean that eOrchard endorses it or is affiliated with it. eOrchard do not exercise control over third-party websites. User access to such third-party websites or content shall be at User's own risk. ELMITEL shall not be responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.
eOrchard Site and Service may only be used by persons with the age of 18 years, and older.
4. PURCHASE OF SERVICES
The properties of the services are defined by the individual service or are communicated to the buyer upon the purchase of the services.
All prices are determined in euros or dollars and exclude VAT, if not expressly agreed otherwise. ELMITEL reserves the right to amend the prices.
The conditions and deadlines of special offers are marked along with the specific services.
If the Buyer unjustifiably avoids the contract, ELMITEL is entitled to claim costs incurred and damages under the applicable law. Aforesaid does not apply to the Consumers.
By confirming the order the Buyer agrees and confirms the General Terms and Conditions of Operations. The General Terms and Conditions of Operations exclude any other General Terms and Conditions of Operations, with the exception of a written contract, signed by the Buyer and ELMITEL.
The pictures of the Services are symbolic.
ELMITEL is liable for any defects of the Services according to the applicable law. ELMITEL grants the warranty for faultless working of the Services, if it is so noted on the warranty certificate or on the invoice.
5. PURCHASE OF THE SERVICES AT DISTANCE AND OFF-PREMISES
The General Terms and Conditions of Operations provide the conditions of concluding contracts at distance and off-premises.
The contract concluded at distance is a contract, concluded between ELMITEL and the Consumer or Buyer, based on an organized sale at distance or a service system without simultaneous presence of the contracting parties, led by ELMITEL, who uses for the purposes of the conclusion of the contract the means for distance communication, until the moment of conclusion of the contract.
The contract, concluded off-premises is a contract between ELMITEL and the Consumer or Buyer, concluded in presence of ELMITEL and the Consumer outside of the business premises of ELMITEL.
The Buyer and the Consumer shall be acquainted by the General Terms and Conditions of Operations prior to the conclusion of the contract and by the conclusion of the contract they confirm their consensus to the rights and liabilities, deriving from the General Terms and Conditions of Operations.
All rights and obligations according to the applicable consumer law on the distance trade apply and are respected by ELMITEL.
6. MEANS OF PURCHASE OF THE SERVICES AT DISTANCE OF OFF-PREMISES
Order by telephone
By submitting an order via telephone, the Buyer submits the order for the Services.
The Buyer notifies ELMITEL of all the data, required for conclusion of the contract.
Should the costs of the order differ from the general telecommunication fees, the Buyer will be so notified by ELMITEL.
Web sites application of eOrchard
The Buyer orders Services via web form. Before ordering eOrchard, Buyer will need to sign up for an account by providing eOrchard with their name, surname, email and phone number. eOrchard may also require additional information from the Buyer or Consumer if necessary. The payment is proceeded via Paypal platform, directly over eOrchard website if available, or upon pro forma invoice.
7. PERSONAL DATA PRIVACY AND PROCESSING
By submitting the data to the web site, or by any other means, the Buyer permits personal data processing. ELMITEL shall use and keep the collected personal data according to the applicable data privacy law.
Personal data are collected exclusively for the purposes of order processing and for internal needs of ELMITEL, for the execution of the payment, statistical purposes, sending offers, buyer segmentation, buyer behavior monitoring, promotion etc. ELMITEL will obtain Buyer‘s consent for personal data processing.
Buyer, Consumer and User content and data about the content may be viewed by other Buyer, Consumer and User. eOrchard can, but has no obligation, to monitor Buyer, Consumer and User content post on the Service. eOrchard can remove any information buyer post for any reason or no reason.
When using the Service, eOrchard may send one or more “cookies” – a small data file – to Buyer, Consumer and User computer to uniquely identify browser and let eOrchard help Buyer, Consumer and User log-in faster and enhance navigation through the site. A cookie may convey anonymous information about Service use. *Buyer, Consumer and User can reset web browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Service may not function properly if the ability to accept cookies is disabled.
When using the Service, eOrchard servers automatically record certain information sent by Buyer, Consumer and User web browser. These server logs may include information such as: web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and interaction with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information.
When using the Service, eOrchard may employ clear gifs („web beacons“) to track the online usage patterns. In addition, eOrchard may also use clear gifs in HTML-based emails sent to Buyer, Consumer and User to track which emails are opened by recipients. The information is used to enable more accurate reporting and make better eOrchard user experiances.
When Buyer, Consumer and User use the Service by or through a mobile device, eOrchard may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of Buyer, Consumer and User mobile device. Location data may convey information about browseing the Service to eOrchard. Location data does not collect or share any personally identifiable information about Buyer, Consumer and User. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
When Buyer, Consumer and User access the Service by or through a mobile device, eOrchard may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with mobile device, which uniquely identify Buyer, Consumer and User mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by eOrchard. A device identifier may convey information about the use of the Service. A device identifier does not collect or share any personally identifiable information. A device identifier may be used in conjunction with personally identifiable information. A device identifier may remain persistently on Buyer, Consumer and User device, to help to log-in faster and enhance Buyer, Consumer and User navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers are impaired or disabled. eOrchard may access, collect and/or store device identifiers upon enabling eOrchard’s Services.
eOrchard can share the customer's contact information including name, surname, e-mail address and phone number, with one of it's partners in a local market, from where the customer is coming. The data will only be used by the local partners for the purpose of conducting the sale.
User, Buyer or Customer can, at any moment, request to learn about data, stored about them in all of the eOrchard databases, by sending an e-mail through eOrchard contact form on eOrchard website, as well as can request deletion of their personal data from eOrchard databases. By doing so, however, eOrchard will not be able to offer some of the services to the user, buyer or customer, despite the fact that the services may have been purchased.
8. PAYMENT METHODS
Upon the purchase the Buyer is able to choose among the following available payment methods: PayPal, pro forma invoice, and in some cases also a purchase directly over the eOrchard website, processed by STRIPE.
The costs related to the selected payment method are charged according to General Terms and Conditions of Operations and prices of the issuer or provider of payment services, and may be charged to the Buyer.
The web form, completed by the Buyer upon the order shall not be deemed as an invoice. Notwithstanding the Services or the payment method, ELMITEL will send the invoice upon the purchase. ELMITEL keeps an electronic copy of the invoice in its database.
ELMITEL undertakes the obligation to apply all reasonable safety measures in order to ensure the privacy and safety of the data, obtained upon the payment. ELMITEL, however, shall not be held liable for potential theft of payment the data, except in the event of the liability of ELMITEL.
The sales contract is normally concluded when Buyer is granted access to eOrchard and ELMITEL sends the Invoice to the Buyer, except when otherwise provided by the General Terms and Conditions of Operations.
In the event of the payment with the Paypal it shall be deemed that the sales contract is concluded in the moment of successfully executed transaction. In the event of a failed transaction, ELMITEL will notify the Buyer.
The order confirmation will be sent to the Buyer to the e-mail address, submitted upon the order according to the General Terms and Conditions of Operations.
The sales contract is concluded in English or Slovenian language.
By clicking the „start using now button“, the Buyer confirms the age of 18 years and the full capacity to contract.
ELMITEL reserves the right to deny the use of Services to the Buyer, if the Buyer has any previous unsettled orders towards ELMITEL and if the Buyer is in an outstanding dispute with ELMITEL.
10. LIMITATIONS OF PROVIDED SERVICE
Some of the features of eOrchard require a connected sensor unit or weather station. The connected sensor unit may use one of the standard communication methods. If a communication method used is over cellular network (GPRS, 3G, 4G, or other), then the sensor unit requires a working SIM card to be installed in combination with a proper configuration of the eOrchard sensor unit.
eOrchard or ELMITEL is not responsible for the SIM card which is installed in the eOrchard sensor unit or weather station. The SIM card is provided, and taken care of, by the Buyer or Consumer.
The SIM card of a national operator is necessary for the operation of eOrchard sensor unit or weather station product. It is responsibility of the Buyer or Consumer to install a working SIM card in accordance with the eOrchard product configuration in the eOrchard weather station. eOrchard product configuration depends on the Mobile network operator, which is used to provide connectivity between eOrchard weather station and eOrchard Internet servers. The selected Mobile Network Service Provider must be communicated from the Buyer or Consumer to eOrchard or ELMITEL during the process of purchase of the eOrchard sensor unit or weather station.
eOrchard or ELMITEL is not responsible for the costs, incurred by the SIM card or Mobile network operator.
Access to eOrchard services requires Internet connection. Internet connection costs and availability are in the sole responsibility of the Consumer.
Since eOrchard services require internet connection and/or mobile connection for its operations, ELMITEL can not/ does not guarantee the permanent availability of services around the world. Internet and mobile connection is dependent on the local services (internet/mobile) provider.
11. INTELLECTUAL PROPERTY
The Buyer is granted a non-exclusive, non-transferable, revocable license to access and use the Services according to the General Terms and Conditions of Operations. The intellectual property rights are owned exclusively by ELMITEL and its suppliers.
All the content included as a part of eOrchard system, such as text, graphics, logos, images, as well as the compilation thereof, any software, etc., is the property of ELMITEL or its suppliers and protected by the applicable law.
The Buyer shall not use the Services for any unlawful purposes or for the purposes prohibited by these General Terms and Conditions of Operations, and notices. The eOrchard service shall not be used in any manner that could damage, disable, overburden, or impair the web sites or applications of ELMITEL and shall not interfere with any other party’s use of the websites or web based applications.
When using eOrchard Services the User, Buyer and Consumer are granted a license only for personal use. Selling eOrchard Services, sharing license with anyone else, reverse engineer or otherwise attempt to copy the Service, or try and make money off of it without ELMITEL express written permission it is prohibited.
Buyer, Consumer and User agree not to access, copy, or otherwise use eOrchard, including eOrchard intellectual property and trademarks, except as authorized by these General Terms and Conditions of Operations or as otherwise authorized in writing by eOrchard.
Buyers obtain no ownership rights when purchaseing eOrchard software, but are instead buying (or, in the case of a free use, being given) a license to use eOrchard software within the confines of this General Terms and Conditions of Operations.
12. DATA OWNERSHIP
In order for eOrchard to provide the Services, eOrchard will collect information which includes, but is not limited to, User's activities, coworkers, locations, purchases, data from customer's IoT devices or weather stations in proximity, and other types of data.
Data manually entered by the User into eOrchard: The data which is entered in the eOrchard system is property of the User of the eOrchard service, where the User acknowledges and agrees that other Users from the same organization, with granted permissions, may have full read and write access to the data as well. User explicitly grants eOrchard the permission to use the entered data for the purpose of further processing, delivery of eOrchard service, improvement of eOrchard and/or other products, including any usage of the data in automated or manual manner during the engineering process, but limits eOrchard to distribute the data to third parties. eOrchard protects the manually entered data of the User with the best effort, by following the data security best practices.
Automatically acquired data of electronic devices, which are connected to eOrchard through Internet or other communication medium: All automatically acquired sensor data, originating from Buyer's IoT devices, is jointly owned by the Buyer and eOrchard. Data is stored on eOrchard's servers and can be accessed through online channels. Data is stored with the best effort practices. User explicitly grants eOrchard a permission to use the data which was automatically acquired from electronic devices, directly connected to eOrchard, for any purpose deemed necessary by eOrchard.
Ownership of data from public sources, such as, but not limited to, public weather stations readings and weather models results, is treated in accordance with the license of the respective data source. Data from beforementioned sources is compatible with eOrchard's policy of data processing and providing products, which are based on that data.
eOrchard does not guarantee storage of, permanent access to, nor availability of any of the beforementioned types of data, to the User at any time. However, eOrchard uses best effort and good practices to deliver data to the Users.
13. CHOICE OF LAW AND JURISDICTION
The applicable law is the applicable law of the Republic of Slovenia.
In the event of invalidity of a certain provisions of the General Terms and Conditions of Operations according to the applicable law, the General Terms and Conditions of Operations remain valid in the rest and the invalid provision is replaced by the applicable law or the agreement between the parties.
The parties agree to solve the disputes amicably. If an amicable solution will not be possible, the parties agree that the competent court is the court in Murska Sobota, Slovenia.
The General Terms and Conditions of Operations are published in English language.
14. LIMITATIONS ON LIABILITY
Buyer, Consumer and User agree that ELMITEL is not responsible for anything that ELMITEL may otherwise be responsible for, if it is the result of events beyond ELMITEL control, including, but not limited to war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond ELMITEL control.
ELMITEL, its employees, agents, officers, directors and other staff in no event shall be liable to Buyer, Consumer and User for any direct, indirect, incidental, special, punitive or consequuential damages whatsoever resulting from:
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature, resulting from Buyer, Consumer and User access to and use of eOrchard,
- any unauthorized access to or use of eOrchard secure servers and/or any and all personal information stored therein,
- any interuption or cessation of transmition to or from eOrchard Services,
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through eOrchard Services by any third party, and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Buyer, Consumer and User use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
eOrchard shall not be liable for any business problems that arise by using eOrchard Site and Service. All content provided by the Site is informative and the decision to react based on provided information is Buyer's, Consumer's and User's own decision and liability.
In the event of any problem with eOrchard Site, Service or any content, Buyer, Consumer and User agree that is sole remedy to cease using eOrchard Site, Service or any content. eOrchard is not liable to anyone for any damage, harm, injury or claim that arises from the use of Site and Service from ELMITEL.
eOrchard and/or ELMITEL take no responsibility and assume no liability for any Buyer, Consumer and User content that is posted, stored, uploaded, or transmitted to eOrchard, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.
eOrchard and/or ELMITEL take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of eOrchard, whether arising in tort or contract, law or equity.
Buyer, Consumer and User ability to use or interact with eOrchard website is a privilege, not a right, and eOrchard reserves the right to take any action that deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this General Terms and Conditions of Operations or any applicable law at eOrchard's or ELMITEL's sole discretion.
eOrchard and/or ELMITEL shall not be liable for any other reason or for damages, even if it have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by ELMITEL from Slovenia, European Union. eOrchard makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. FINAL PROVISIONS
The General Terms and Conditions of Operations shall take effect as of 22 April 2016.
The General Terms and Conditions of Operations were updated as of 05 February 2018.
The General Terms and Conditions of Operations may be amended at any time, thus, the Buyer is consulted to read them upon every purchase or usage.
For the individual order the applicable General Terms and Conditions of Operations are the General Terms and Conditions of Operations that are published on the web site and in force in the moment of the order submission.