Agroalmena

Legal Notice and Terms of Use

Officiële juridische kennisgevingen van Agroalmena, voorwaarden van het platform en bijbehorend beleid.

Juridische kennisgeving

Deze vertaling is niet officieel en wordt alleen voor het gemak aangeboden. De juridisch bindende versie is het Spaanse origineel; bij tegenstrijdigheden geldt de Spaanse versie.

Legal Notice and Terms of Use

AGROALMENA · Legal Notice and Terms of Use AGROALMENA Legal Notice and General Terms of Use Agroalmena digital platform (web and iOS/Android mobile apps) Holder: CATAUR HOLDING & MANAGEMENT, S.L. · Version 1.0 · Effective date: [●] Unofficial English translation provided for convenience. The legally binding version is the Spanish original; in case of discrepancy, the Spanish version prevails.

1. General information (Art. 10 LSSI)

In compliance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (“LSSI”), the identifying details of the holder of the Agroalmena platform (the “Platform”) are provided below:

2. Purpose and scope

These General Terms of Use (the “Terms”) govern access to, browsing of and use of the Platform, as well as the services provided directly by Cataur through it. Relationships arising from transactions between users in the marketplace and the contracting of advertising are further governed by the Marketplace and Advertising Terms and the Security Alerts System Policy; the processing of personal data is governed by the Privacy Policy and the Cookie Policy, all of which form an integral part of the contractual framework. Use of the Platform confers the status of User and entails full and unreserved acceptance of these Terms in their version in force. Users who do not accept them must refrain from using the Platform.

3. Definitions

  • User: any natural or legal person who accesses or uses the Platform.
  • Subscriber: a User who contracts a paid subscription plan.
  • Seller / Advertiser: a User who posts a listing offering goods, services, employment or advertising.
  • Buyer / Interested party: a User who contacts or contracts with a Seller.
  • Content: any information, text, image, data or material posted by a User. Item Detail Holder CATAUR HOLDING & MANAGEMENT, S.L. (“Cataur” or the “Holder”) Tax ID (NIF) B09936998 Registered office Calle Liverpool 5, 1º C, Aguadulce, 04720 Roquetas de Mar (Almería), Spain Registry details Registered at the Commercial Registry of Almería, Volume 2184, Sheet 195, Page AL-54754, Entry 1 Contact e-mail legal@agroalmena.com Telephone +34 621 257 447 Trademark “AGROALMENA” – EUIPO/OEPM application No. M4380600 (classes 9, 35, 38 and 42), pending AGROALMENA · Legal Notice and Terms of Use
  • Cataur Services: the SaaS subscription and the advertising space billed by Cataur.

4. Access and registration

Access to the Platform is free at its basic level, save for connection costs. Certain features require registration and/or a paid subscription.

  • Acceptance of these Terms and of the Privacy Policy is given actively and expressly by ticking the relevant box during registration; Cataur keeps a record of the date, time and version accepted.
  • Registration is reserved for persons over 18 with legal capacity to contract. The Platform is not directed at minors.
  • The User warrants the truthfulness, accuracy and currency of the data provided and is responsible for safekeeping and the confidentiality of their credentials.
  • Cataur may refuse, suspend or cancel registration in the event of false data, fraudulent use or breach of these Terms.

5. Nature of the service: neutral intermediation

Cataur acts solely as an information society intermediary service provider (hosting and connection), within the meaning of Article 16 LSSI and Regulation (EU) 2022/2065 (“DSA”). Cataur is not a party to the contracts that Users enter into with one another, does not take part in negotiations, does not hold or channel the price of such transactions, and does not warrant the identity, solvency, capacity or compliance of Users, nor the truthfulness, lawfulness or quality of Content posted by third parties. Cataur has no general monitoring obligation but will diligently remove or block Content of whose unlawful nature it has actual knowledge, in accordance with the mechanism set out in the Marketplace Terms.

6. Subscriptions (SaaS service)

6.1 Plans and prices

Cataur offers six (6) subscription plans with different features and limits. The prices in force, the features of each plan and applicable taxes (VAT) are displayed on the Platform before contracting. Unless stated otherwise, prices are expressed in euros and include VAT where the Subscriber is a consumer.

6.2 Contracting, billing and payment

Contracting is completed upon order confirmation. Payment is made through the enabled means via the payment service provider Stripe Payments Europe, Ltd., acting as a payment institution. Cataur does not store full card details and will issue the corresponding invoice.

6.3 Automatic renewal and cancellation

  • Subscriptions renew automatically for equal periods unless cancelled by the Subscriber before the renewal date, from their customer area. Plan Price (VAT incl.) Frequency [●] [●] € Monthly / Annual [●] [●] € Monthly / Annual [●] (… 6 tiers) [●] € Monthly / Annual AGROALMENA · Legal Notice and Terms of Use
  • Cancellation takes effect at the end of the current period; it does not entitle the Subscriber to a refund of the period already started, save as provided by law or in the Refund Policy.

6.4 Right of withdrawal (consumers)

Consumer Subscribers have 14 calendar days to withdraw. However, as this is the supply of a digital service/content, if the Subscriber expressly requests immediate commencement of performance and acknowledges the loss of the right of withdrawal once fully performed, that right will not apply, pursuant to Art. 103(a) and (m) of Royal Legislative Decree 1/2007 (TRLGDCU). This consent is expressly collected during the contracting process. In particular, featured listings, placements and premium services (e.g. the Plan Corredor) are digital services or content with immediate performance. Before payment, the User must tick a mandatory box accepting immediate commencement and acknowledging that, once performed, the right of withdrawal is lost in respect of the part already provided.

6.5 Purchases through app stores (Apple App Store and Google Play)

Where the subscription is contracted within the mobile apps (iOS or Android), the purchase, automatic renewal, cancellation and refunds are managed by Apple or Google under their own terms and policies, which will prevail for those transactions. In such cases, the Subscriber manages cancellation from their Apple ID or Google Play account and requests refunds directly from the relevant store. Subscriptions contracted via the web are managed through Stripe under the foregoing clauses.

7. User obligations and prohibited uses

The User undertakes to use the Platform in accordance with the law, these Terms, good faith and public order. The following is prohibited, by way of example:

  • Posting false, misleading, unlawful or defamatory Content, or Content infringing third-party or intellectual or industrial property rights.
  • Impersonating others, falsifying data or creating fraudulent accounts.
  • Introducing malware, reverse engineering, mass scraping, or acts that damage or overload the Platform.
  • Using the Platform for purposes other than its object or to compete unfairly with Cataur.
  • Collecting other Users' data for unauthorised purposes.

8. Intellectual and industrial property

The Platform and its code, design, structure, databases, trademarks, logos and other elements are owned by Cataur or its licensors and are protected by intellectual property law (Royal Legislative Decree 1/1996, TRLPI) and industrial property law. The “AGROALMENA” sign and the associated domain names are owned by Cataur. Access does not grant the User any right over such elements, save a limited, revocable, non-exclusive licence to use them in line with the Platform's purpose. Their reproduction, distribution or transformation without authorisation is prohibited.

8.1 Licence over user-generated content

Any User posting Content (listings, images, texts, reviews, alerts) grants Cataur a worldwide, royalty-free, non-exclusive and sublicensable licence (in favour of the necessary technical providers, such as hosting or content-delivery networks) to host, store, AGROALMENA · Legal Notice and Terms of Use reproduce, technically adapt, communicate to the public and display such Content on the Platform and its channels (web and apps), for the sole purpose of providing and promoting the service. The licence subsists while the Content remains posted and for a reasonable technical back-up period after its removal. The User warrants that they own or hold the necessary rights over the Content and shall hold Cataur harmless against third-party claims.

9. Disclaimer and limitation of liability

To the extent permitted by law, and without prejudice to consumers' mandatory rights:

  • Cataur is not liable for the truthfulness, lawfulness or quality of third-party Content or for the outcome of transactions between Users.
  • Cataur does not warrant uninterrupted availability of the Platform and is not liable for failures due to external causes, force majeure or maintenance.
  • Cataur is not liable for indirect damages, loss of profit or loss of data arising from use of the Platform, save in cases of wilful misconduct or gross negligence.
  • Vis-à-vis Subscribers, and save for personal injury, wilful misconduct or mandatory law, Cataur's aggregate liability is limited to the amount paid by the Subscriber in the twelve (12) months preceding the triggering event. Vis-à-vis consumers, none of the foregoing limitations applies to the extent that it would reduce or exclude the rights granted to them by mandatory consumer law (Arts. 82 to 86 TRLGDCU); in particular, liability for personal injury, wilful misconduct or gross negligence is not limited.

10. Availability, modification and suspension

Cataur may modify, suspend or discontinue the Platform in whole or in part for technical, security or business reasons, endeavouring to give reasonable prior notice where paid Services are affected. Cataur may update these Terms; material changes will be notified to registered Users at least fifteen (15) days before they take effect, and the Subscriber may terminate the subscription if they do not accept them. Accessibility: Cataur endeavours to make the Platform accessible in accordance with applicable requirements (Law 11/2023 transposing the European Accessibility Act; WCAG 2.1/2.2 level AA standard).

11. Third-party links

The Platform may contain links to third-party sites over which Cataur has no control and for whose content it is not responsible.

12. Term and termination

The relationship is of indefinite duration. The User may close their account at any time. Cataur may suspend or cancel accounts for breach, with prior notice where possible, without prejudice to any applicable legal action.

13. Data protection

AGROALMENA · Legal Notice and Terms of Use The processing of personal data is governed by the Privacy Policy and the Cookie Policy, permanently available on the Platform, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD).

14. Severability

If any clause is declared null or ineffective, the remainder shall retain full validity, and the affected clause shall be replaced by another respecting the intended purpose.

15. Governing law and dispute resolution

  • The relationship is governed by Spanish law.
  • Consumers: the courts of the consumer's domicile shall have jurisdiction; no clause limits the consumer's mandatory rights.
  • Business-to-business relationships: the parties submit to the Courts and Tribunals of the city of Almería, waiving any other venue.
  • Alternative dispute resolution: following the closure of the EU ODR platform (Regulation (EU) 2024/3228), consumers may turn to the competent Consumer Arbitration Board, to accredited alternative dispute resolution (ADR) bodies or, in cross-border disputes, to the European Consumer Centres Network (ECC-Net).

16. Language

These Terms are issued in Spanish. Any translation is provided for convenience only; in the event of any discrepancy, the Spanish version shall prevail.

Marketplace and Advertising Terms

AGROALMENA · Marketplace and Advertising Terms AGROALMENA Marketplace and Advertising Terms Rules on listings, user-to-user transactions, advertisers and the alerts system Holder: CATAUR HOLDING & MANAGEMENT, S.L. · Version 1.0 · Effective date: [●] Unofficial English translation provided for convenience. The legally binding version is the Spanish original; in case of discrepancy, the Spanish version prevails.

1. Purpose and role of Cataur

These Terms govern the posting of listings and use of the Agroalmena marketplace (sale and lease of greenhouses, warehouses, reservoirs, land, machinery and materials; agricultural job offers), the contracting of advertising and the security alerts system. They supplement the Legal Notice and General Terms of Use. Cataur is a neutral intermediary (Art. 16 LSSI and the DSA). Cataur does not buy, sell, lease, mediate on price or charge a commission on transactions between Users. The contract arising from a listing is entered into directly and exclusively between Seller and Buyer, who assume its consequences in full. Cataur's monetisation comes solely from (i) subscriptions and (ii) advertising, both billed by Cataur for its own services.

2. Payment of transactions – outside the Platform

The price of marketplace transactions is not channelled through the Platform or Cataur accounts. Payment between Seller and Buyer is made directly between them by the means they freely agree. Cataur does not provide payment services, does not hold third-party funds and does not act as escrow or guarantor. Accordingly, Cataur does not intervene in refunds, returns or economic claims between Users, which must be resolved between the parties.

3. Verification of professional Sellers (DSA, Art. 30)

Pursuant to Article 30 of Regulation (EU) 2022/2065 (DSA), a Seller acting as a professional or trader ("trader") must provide, before publishing, and keep up to date:

  • Name or company name, full address, telephone and e-mail.
  • Tax ID (NIF/CIF) or equivalent tax identification and, where applicable, registry details and the payment account used.
  • Supporting documentation for the foregoing when Cataur so requires, which the Seller undertakes to provide and keep current.
  • A declaration that they will only offer goods or services compliant with EU and Spanish law. Cataur will make reasonable efforts to verify the reliability of such information through official sources or documentation provided, will retain the documentation and a record of the verification process for the period required by the DSA and applicable law, and will make it available to competent authorities where appropriate. If a trader fails to provide the information or it proves incorrect, Cataur may suspend or remove the listing until remedied. The consumer User will be informed, before contracting, whether their counterpart acts as a professional or as a private individual.

4. Posting of listings

4.1 Listing requirements

  • Truthful, accurate, with a clear description and price, and relating to goods/services that the Seller may lawfully dispose of.
  • Real and own images; no misleading contact details or prohibited claims.

4.2 Prohibited content

  • Unlawful, stolen or counterfeit goods, or goods whose sale requires an authorisation that is lacking.
  • Discriminatory or misleading listings, or listings infringing third-party rights.

4.3 Real estate, land and greenhouses

Listings of immovable property are for listing and contact purposes. Sale or lease is not perfected through the Platform. Cataur does not verify registered title; buyers must perform due diligence.

5. Agricultural employment

The employment section is a notice board. Cataur does not act as a placement agency. Discriminatory, irregular or undeclared offers are prohibited.

6. Advertising (Advertisers)

Cataur markets advertising spaces within the Platform. Creative content is the exclusive responsibility of the Advertiser. See the full React document for complete terms.

7. Security alerts system

Use of alerts is governed by the Security Alerts System Policy. Alerts must be objective; identifying persons or full number plates is prohibited. Call 112/062 in emergencies.

8. Ratings and reviews

Ratings must be based on real experiences. Cataur may remove false or manipulated reviews.

9. Notice-and-action mechanism (DSA)

Report allegedly unlawful Content to legal@agroalmena.com. Users may appeal moderation decisions through the internal complaints mechanism (clause 9.1).

10. Suspension and exclusion

Cataur may suspend or exclude listings, advertising or Users under objective criteria.

11. Transparency for business users (P2B Regulation)

Cataur complies with Regulation (EU) 2019/1150 (P2B) regarding ranking, differentiated treatment, complaints, changes to terms and access to data.

12. Disclaimer for transactions between Users

Cataur is not liable for identity, capacity or solvency of Users, or for contracts between Users.

13. Governing law and jurisdiction

Clause 15 of the Legal Notice and General Terms of Use applies.

Security Alerts Policy

AGROALMENA · Security Alerts System Policy AGROALMENA Security Alerts System Policy Specific terms of use and data processing for the alerts system Holder: CATAUR HOLDING & MANAGEMENT, S.L. · Version 1.0 · Effective date: [●] Unofficial English translation provided for convenience. The legally binding version is the Spanish original; in case of discrepancy, the Spanish version prevails.

1. Purpose and nature

This Policy governs use of Agroalmena's Security Alerts System, through which Users may share notices about security incidents in the agricultural environment (theft, intrusions, damage). It supplements the Terms of Use, the Marketplace Terms and the Privacy Policy. By using the feature, the User accepts this Policy.

2. Informative nature. Agroalmena is not an emergency service

Agroalmena is NOT a public authority, a police service or an official emergency system. Alerts are purely informative and indicative, are generated by Users themselves, are not verified by Cataur and do not replace the action of the Security Forces or the emergency services. In the event of a crime or emergency, the User must call 112 or 062 (Guardia Civil). Cataur does not warrant that an alert will be received, acted upon or generate any response, nor is it responsible for the decisions the User takes based on them.

3. Posting rules: objective facts only

Alerts must be limited to objective facts and descriptive observations, with no identifying data of persons or vehicles (what happened and in which area, in general terms). Acceptable example: “Attempted cable theft in greenhouses in the [X] area at around [time]”.

4. Expressly prohibited content

It is strictly prohibited to post in an alert:

  • Names, surnames, nicknames or any identifying data of specific persons.
  • Images or videos of identifiable persons.
  • Full vehicle number plates or other identifiers.
  • Accusations of crime, imputations or shaming of specific persons.
  • Defamatory, libellous or slanderous content, or content infringing honour, privacy or image rights.
  • Calls to violence, vigilantism, pursuit or reprisals.
  • False information or alerts created in bad faith.

5. User liability

AGROALMENA · Security Alerts System Policy The User posting an alert is solely responsible for its content, truthfulness and lawfulness. They will be liable to third parties and to the authorities for any infringement (including libel or slander – Arts. 205 to 216 of the Criminal Code – and data-protection breaches) and will hold Cataur harmless against claims arising from its publication. Issuing false, defamatory alerts or alerts arising from personal disputes (e.g. boundary conflicts) will lead to suspension or cancellation of the account, without prejudice to other legal action.

6. Data processing and geolocation

Data processing in this system is governed by the Privacy Policy. In particular: the legal basis is the issuer's consent and the legitimate interest in security; geolocation is processed with reduced precision by zones (not the exact location of persons) for the sole purpose of locating the incident; no profiling is carried out; and data are kept for a 30-day period, after which they are deleted or anonymised. Content undergoes prior moderation and pseudonymisation: any face or number plate is removed or blurred before dissemination. This processing has been the subject of a Data Protection Impact Assessment (DPIA).

7. Moderation, takedown and appeal

Only verified Users (SMS/two-factor verification or validated professional profiles) may issue alerts. Every alert undergoes prior moderation before dissemination: faces and number plates are removed or blurred and no notification is sent with identifying data. Cataur may moderate, edit, unpublish or immediately remove any alert breaching this Policy and suspend or exclude the infringing User. Anyone may report an alert via legal@agroalmena.com or the enabled form. Moderation decisions will be communicated with a statement of reasons and will be appealable through the internal mechanism set out in the Marketplace Terms (clause 9.1).

8. Disclaimer

To the extent permitted by law, Cataur is not liable for the accuracy, truthfulness or timeliness of alerts, for damages arising from acts or omissions based on them, or for any unlawful use a User makes of the system. Cataur acts as a neutral intermediary (Art. 16 LSSI and the DSA).

9. Amendments

Cataur may update this Policy. Material changes will be communicated by appropriate means and the version in force will always be available on the Platform. This Policy is issued in Spanish; in the event of discrepancy, the Spanish version shall prevail. Last updated: [●].

Acceptable Use Policy and Prohibited Content

AGROALMENA · Acceptable Use Policy AGROALMENA Acceptable Use Policy – Prohibited Content and Activities Prohibited-use policy and user liability for posted content Holder: CATAUR HOLDING & MANAGEMENT, S.L. · Version 1.0 · Effective date: [●] Unofficial English translation provided for convenience. The legally binding version is the Spanish original; in case of discrepancy, the Spanish version prevails.

1. Purpose and nature

This Acceptable Use Policy (the “Policy”) forms an integral part of the Legal Notice and Terms of Use and supplements the Marketplace and Advertising Terms and the Security Alerts System Policy. Acceptance of it is a condition for using the Platform and for posting any content. Cataur acts as a neutral intermediary (Art. 16 of Spanish Law 34/2002, LSSI, and Regulation (EU) 2022/2065, DSA). Cataur does not create, adopt as its own or generally monitor User content, and has no general monitoring obligation; it acts diligently to remove or block unlawful content of which it has actual knowledge.

2. Sole liability of the User

The User is solely and exclusively responsible for the content, listings, messages, images, alerts and any material they post, transmit or share through the Platform, as well as for its truthfulness and lawfulness and for holding the necessary rights. Cataur does not assume or answer for usergenerated content or the consequences of its publication, without prejudice to its diligent moderation and takedown.

3. Expressly prohibited content and activities

It is strictly prohibited to use the Platform to post, offer, promote, facilitate or disseminate, directly or indirectly:

3.1 Terrorism and violent extremism

  • Glorification, incitement, recruitment, indoctrination or financing of terrorism, and the dissemination of content of terrorist or violent-extremist organisations (Arts. 571 to 580 of the Spanish Criminal Code; Regulation (EU) 2021/784 on terrorist content online).

3.2 Drugs and substances

  • Sale, offer, promotion or facilitation of toxic drugs, narcotics or psychotropic substances, their precursors, as well as prescription or unauthorised medicines and doping substances (Art. 368 of the Criminal Code and applicable law).

3.3 Weapons, ammunition and explosives

  • Firearms, prohibited weapons, ammunition, explosives, their precursors, or any material whose possession or sale requires a licence or authorisation that is lacking.

3.4 Unlawful goods

  • Stolen, smuggled or counterfeit goods, or goods infringing intellectual or industrial property rights, and any goods whose trade is prohibited or restricted.

3.5 Minors

  • Any child sexual abuse material, content that sexualises minors, or grooming/harassment of minors. Zero tolerance. AGROALMENA · Acceptable Use Policy

3.6 Human trafficking and exploitation

  • Human trafficking, labour or sexual exploitation, forced prostitution or organ trafficking.

3.7 Fraud and economic crime

  • Money laundering, terrorist financing, fraud, scams, phishing, pyramid or Ponzi schemes, and counterfeiting of currency or documents.

3.8 Hate, violence and harassment

  • Hate speech or incitement to violence, hostility or discrimination on grounds of race, origin, ethnicity, religion, sex, orientation, identity, disability or other status; threats, harassment, doxing or extreme violent content.

3.9 Unlawful sexual content

  • Sexual or pornographic content not permitted on the Platform and, in any event, nonconsensual sexual content (dissemination of intimate images without consent).

3.10 Protected species, heritage and goods

  • Protected fauna or flora species, ivory, historical-heritage assets and any goods whose trade is prohibited or restricted.

3.11 Data, security and other conduct

  • Third-party personal data without a lawful basis; identity impersonation; malware, hacking, spam or security attacks; unauthorised gambling; and medical or plant-protection products lacking the required authorisation. The above list is illustrative and not exhaustive: any other unlawful conduct under the Criminal Code and applicable law is likewise prohibited.

4. Security-alert content

In addition to the above, the security-alerts system is subject to the specific rules of the Security Alerts System Policy: prohibition on identifying persons, including full number plates, images of persons or accusations of crime, and limitation to objective facts.

5. Consequences of breach

  • Immediate removal or blocking of the content, without prior notice where severity so requires.
  • Suspension or cancellation of the account and exclusion from the Platform, with no right to indemnity.
  • Retention of the necessary evidence and, where appropriate, communication to the competent authorities.
  • All of the foregoing is without prejudice to any civil or criminal action available to Cataur or affected third parties.

6. Notice, takedown and cooperation with authorities

Anyone may report allegedly unlawful content to legal@agroalmena.com or via the enabled form, under the notice-and-action mechanism in the Marketplace Terms (clause 9). Upon indications of a crime threatening the life or safety of persons, Cataur will inform the Security Forces (112/062) or the competent authority without delay (Art. 18 DSA), and will comply with orders from judicial and administrative authorities (Arts. 9 and 10 DSA).

7. Indemnity

AGROALMENA · Acceptable Use Policy The User shall hold Cataur harmless against any claim, penalty or damage arising from breach of this Policy or from the content they post, including legal-defence costs.

8. Relationship with the Terms, governing law and language

This Policy is part of the Platform's contractual framework and is governed by Spanish law. In the event of any discrepancy between language versions, the Spanish version prevails. Cataur may update it; the version in force will be available on the Platform. Last updated: [●].