1. Applicability of the GTC
farmerJoe GmbH offers services based on these GTC by means of the mobile application. By registering, the user expressly accepts these GTC as well as all other agreements referred to therein, if any. The General Terms and Conditions in the version valid at the time of the conclusion of the contract shall apply in each case. The GTC apply to all legal transactions and agreements concluded between farmerJoe GmbH (hereinafter referred to as farmerJoe or Contractor) and individual or legal entities (hereinafter referred to as Customer, User or Client).
Alle individuellen Verträge und Vereinbarungen sind nur dann rechtsverbindlich, wenn sie von farmerJoe schriftlich und firmengemäß gezeichnet werden und verpflichten nur in dem in der Auftragsbestätigung angegebenem Umfang. Terms and conditions of purchase of the customer or principal or client are hereby excluded for the present legal transaction and the entire business relationship.
Conflicting terms and conditions of the customer shall not become part of the contract even in the case of delivery without express objection. Deviations from these terms and conditions and/or additions to concluded contracts and the terms and conditions of farmerJoe GmbH applicable to them must be made in writing.
farmerJoe is entitled to modify or amend these General Terms and Conditions, including any attachments, at any time upon reasonable notice. Orders received before then will be processed according to the old terms and conditions still valid at that time.
2. Performance and examination
By placing an order, the Customer confirms that it is aware of the scope of performance of the ordered software or software components.
Should it become apparent in the course of the work that the execution of the order in accordance with the specification of services is actually or legally impossible, the Contractor shall be obliged to notify the Client thereof immediately. If the Client does not change the service description or does not create the prerequisite that execution is possible, the Contractor may refuse execution. If the impossibility of performance is the result of a failure on the part of the Client or a subsequent change in the specification of services by the Client, the Contractor shall be entitled to withdraw from the order. The costs and expenses incurred for the Contractor’s activities up to that point, as well as any dismantling costs, shall be reimbursed by the Client.
Training and explanations requested by the client will be invoiced separately.
We expressly point out that a barrier-free design is not included in the offer, unless this was requested separately/individually by the client. Likewise, the Client shall review the content provided by it for its legal admissibility, in particular under competition, trademark, copyright and administrative law. The Contractor shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfilling any duty to warn the Customer if the content was specified by the Customer.
3. Copyright and Use
You may not systematically extract and/or reuse any portion of a farmerJoe Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any farmerJoe Service without farmerJoe’s express written consent.
You may make copies for archival and backup purposes, provided that the Software does not contain any express prohibition by Licensor or any third party, and that all copyright and proprietary notices are included in such copies without modification.
If the customer is provided with software whose license holder is a third party (e.g. standard software from Microsoft), the granting of the right of use shall be governed by the license terms of the license holder (manufacturer).
4. Right of withdrawal
You have the right to withdraw from this contract within 14 days from the day on which you or a third party designated by you first used the selected access data (user, password) to log in to farmerJoe (www.farmerjoe.com or farmerJoe mobile app) without giving any reason.
In case of exceeding an agreed delivery time due to the sole fault or unlawful action of farmerJoe, the Customer is entitled to withdraw from the respective contract by registered letter, if even within the reasonable grace period the agreed service is not provided in essential parts and the Customer is not at fault. Force majeure, labor disputes, natural disasters and transport blockades as well as other circumstances beyond farmerJoe’s control shall release farmerJoe from its delivery obligation or allow it to reschedule the agreed delivery time.
Cancellations by the Customer, which are neither provided for nor justified by law, are only possible with the written consent of farmerJoe. If farmerJoe agrees to a cancellation, it shall have the right to charge a cancellation fee in the amount of 30% of the unbilled order value of the total project, in addition to the services rendered and costs incurred. If the contracting parties have concluded a contract that has as its object a recurring service or a continuing obligation of a different nature, the customer shall be entitled to terminate the contract at the end of the following calendar month.
The right of the customer to terminate the contract at any time without notice for good cause shall remain unaffected by this provision. Good cause shall be deemed to exist in particular if one of the two contracting parties persistently breaches its contractual obligations and continuation of the contractual relationship is therefore unreasonable. Extraordinary termination shall be preceded by two written requests to comply with the contractual obligations.
5. Account & Access
If you use a farmerJoe Service, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices, and to the extent permitted under applicable law, you agree to be responsible for all activities that occur under your account or password.
You should take all necessary steps to ensure that your password is kept secret and secure and you should inform us immediately if you have any reason to be concerned that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner. If a third party has obtained knowledge of the user password and/or password due to failure to handle the password with care, the customer shall be liable in full for the orders placed under this user password and password up to the time of receipt of the notification of loss. If the customer is not responsible for the knowledge of a third party of the user password and password, the liability is limited to 50, – Euro.
6. Warranty, maintenance, modifications
farmerJoe warrants that the Software will perform the functions described in the available documentation, provided that the Software is operated in accordance with the recommended manner.
Prerequisites for an error correction are that the user sufficiently describes the error in an error message and that this error message is determinable for farmerJoe; the user/customer of farmerJoe provides all documents required for the error correction; the user/customer or a third party attributable to him has not interfered with the software; the software is operated under the intended operating conditions according to the documentation.
In the case of warranty, improvement shall in any case have priority over price reduction or rescission. In the event of a justified notice of defects, the defects shall be remedied within a reasonable period of time, whereby the Customer shall enable the Contractor to take all measures necessary for the investigation and remedying of defects. The presumption of defectiveness acc. § 924 ABGB shall be deemed excluded.
Corrections and additions which prove to be necessary until the delivery of the agreed service due to organizational and programming deficiencies for which farmerJoe is responsible shall be carried out by farmerJoe free of charge. Costs for assistance, misdiagnoses as well as error and malfunction elimination for which the User/Customer is responsible as well as other corrections, changes and additions shall be carried out by farmerJoe against payment. This also applies to the rectification of defects if program changes, additions or other interventions have been made by the customer/user himself or by third parties.
Furthermore, farmerJoe does not assume any warranty for errors, malfunctions or damages caused by improper operation, changed operating system components, interfaces and parameters, use of unsuitable organizational means, if such are prescribed, abnormal operating conditions (especially deviations from the installation conditions).
For programs that are subsequently modified by the customer’s/user’s own programmers or third parties, any warranty by the contractor shall lapse.
Insofar as the subject matter is the modification or supplementation of already existing programs, the warranty refers to the modification or supplementation. This does not revive the warranty for the original program. Warranty claims shall become time-barred six (6) months after the first use of the purchased farmerJoe Services.
The service of farmerJoe has been developed according to currently valid Austrian law as well as good agricultural practice to the best of our knowledge and belief. The customer is ultimately responsible for the accuracy and correctness of the results. farmerJoe shall therefore only be liable for damages for which farmerJoe can be proven to be responsible and only in case of gross negligence. This shall also apply mutatis mutandis to damage attributable to third parties engaged by the Contractor.
Liability for indirect damages – such as loss of profit, costs associated with business interruption, loss of data or claims by third parties – is expressly excluded. Claims for damages shall become statute-barred in accordance with the statutory provisions, but no later than the expiry of one year from knowledge of the damage and the damaging party.
If farmerJoe provides the subject matter with the assistance of third parties and in this context warranty and/or liability claims arise against these third parties, farmerJoe assigns these claims to the Customer. In this case, the customer will give priority to these third parties.
8. Data protection, confidentiality
farmerJoe obliges all employees to comply with the provisions of §15 of the Data Protection Act. farmerJoe takes all economically and technically reasonable and possible precautions to prevent third parties from accessing this protected area. farmerJoe collects from the Customer without his consent only the data necessary for the execution of the order and the contract. It shall use the data provided by the customer only for the purposes to which the customer has consented.
9. Final Provisions
When you use a farmerJoe Service or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including through email, text messages, in-app push messages, or by posting electronic messages or other communications on our website or as part of other farmerJoe Services, such as farmerJoe system messages.
We reserve the right to make changes and additions to this contract, e.g. in order to adapt it to changes in the legal framework or to integrate new services. All developments and adaptations by farmerJoe – new functions, resources etc. – are subject to the respective applicable GTC. Changes and additions to this contract must be made in writing (in electronic form, e.g. as an e-mail) in all cases, otherwise they shall be legally invalid. The changes will become effective if you do not object to them in writing within a period of 14 days (received). We will notify you in writing of any changes to the GTC and of your right to object. If you fail to object, we will treat your continued use of farmerJoe after changes have been made as your acceptance of those changes. The current GTC can be viewed at any time at farmerjoe.com/agb/.
Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining content of the contract. Invalid provisions of the contract shall be replaced by such provisions that most closely correspond to the parties’ intention in economic terms.
All disputes arising from and in connection with the Agreement shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions. The exclusive place of performance and jurisdiction for both contracting parties shall be the registered office of farmerJoe GmbH.
No liability is assumed for printing errors.