• 1. General

    Use by users (registered or otherwise) (“you”/“your”) of www.agchemaccess.com (“Site”) constitutes acceptance by you of the following terms of use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to all of these terms of use and subscription together with the terms of our respective privacy policy and security policy (“terms”) you may not use the Site.

    The Site is owned and operated by AgChemAccess Limited (“us”/“our”/“we”) These terms of use relate to your use of the Site. We provide a service to you, subject to the following terms, which may be updated by us from time to time without notice, and accordingly you should review these terms periodically.

  • 2. Description Of Service

    We currently provide you with access to on-line and off-line resources to assist in the purchase and sale of crop protection chemicals (“Service(s)”). The Service is completely confidential and whether using our on-line or off-line Services all contact between buyers and sellers is mediated via our personnel.

    An annual subscription is required to use all of the Services which can be used on line. Whilst using all of its resources to satisfy member requests we cannot always guarantee to locate or sell agrochemicals that are registered by members of the Service.

    Any new features that augment or enhance the current Service shall be subject to these terms.

  • 3. Subscription

    A 12 month subscription can be purchased via the Subscribe page. You will be asked to enter your contact details and following this, your payment via credit card. All information you enter is encrypted for your security and remains totally private. We accept many of the world's major credit cards including Visa, Diners and Mastercard.

    Information about security can be found on our security policy. Once payment is made you are automatically emailed confirmation of your payment along with your password which allows instant access to the buy/sell register.

    Where sales tax is charged this is automatically added to the subscription price shown.

  • 4. Privacy

    We fully respect your privacy and operate fully within the data protection legislation laws of the United Kingdom. Unless required by law or as otherwise set out in our privacy policy we will not disclose any personal data or sensitive personal data correspondence or trading with us to third parties. For details about how we protect your privacy visit our privacy policy.

  • 5. Delivery

    Subscription to our Service is entirely electronic and therefore does not involve any goods or information being posted to you. Your subscription is live from the moment you subscribe.

  • 6. Guarantee

    We are completely dedicated to your satisfaction: Subscription to our Service comes with a 60-day guarantee. If during this time you wish to change your mind (and also have not traded using us) you can cancel your membership and receive a full refund by contacting our customer care staff at customercare@agchemaccess.com

  • 7. Member Account, Password And Security

    In accordance with our security policy you will receive a password and account designation upon completing the Services registration and subscription process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

    Other than personal data or sensitive personal data about you, which is covered under the terms of our privacy policy any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and designated third parties shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site 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 make 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 the UK or any other 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); or
    • e). which facilitates your misuse of the Site (including, without limitation, hacking)

    We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

  • 8. Modifications To Service

    We reserve the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification and any associated suspension of the Service.

  • 9. Termination

    You agree that we in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service and/or Site and remove and discard any Content (as defined below) within the Service including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these terms of use and subscription.

  • 10. Links to third party websites

    The Site may from time to time include links to third party Internet websites which are controlled and maintained by others. These links are included solely for your convenience and do not constitute any endorsement by us of the websites linked or referred to, nor do we have any control over the content of any such websites. Further, we have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on the Site, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites.

  • 11. Notice

    Notices may be sent to you by us or our authorised representatives via email or regular mail. The Service may also provide notices of changes to the terms or other matters by displaying notices or links to notices generally on the Site.

  • 12. Liability disclaimer

    While we endeavour to ensure that the information on the Site is correct, to the maximum extent permitted by law we provide you with the Site on an 'AS IS' basis only. You accept that access to the Site may be suspended at any time and without notice in the case of systems failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.

    We make no representation or warranties of any kind, express or implied, as to the operation of the Site or the information, reliability, completeness or timeliness of the content or services available on the Site or that the use of the Site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the Site is at your own risk.

    Further, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) including the officers, employees, consultants or agents excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without negligence) contract, warranty or otherwise in connection with the Site and/or Services in any way or in connection with the use, inability to use or the results of use of the Site or the Services, any websites linked to the Site or the Content on the Site, including but not limited to loss or damage due to viruses (including but not limited to logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software data or other property on account of your access to, use of, or browsing the Site or your downloading of any content from the Site or any websites linked to the Site. further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage.

    Nothing in this legal notice shall exclude or limit our (including our employees or agents) liability for:-

    • (a) Death, personal injury caused by negligence (as such term is defined by the unfair contract terms act 1977); or
    • (b) Misrepresentation as to a fundamental matter; or
    • (c) Any liability which cannot be excluded or limited under applicable law, including:-
      • (i) conditions and warranties implied by section 12 of the sale of goods act 1979 and where the customer deals as a consumer; or
      • (ii) conditions implied by sections 13 to 15 inclusive of the sale of goods act 1979 and by sections 3 and 4 of the supply of goods and services act 1982.

    If your use of the Content on the Site results in the need for servicing, repairing or correction of equipment, software or data you assume all costs thereof.

    This legal notice does not affect your statutory rights where you operate as a consumer.

  • 13. Access outside England We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the Internet, you agree to comply with all local rules regarding on line conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Country in which you reside.
  • 14. Copyright and Trademarks

    The information and materials appearing on the Site ("Content") are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property or that of our suppliers and is protected by international copyright laws. ALL RIGHTS RESERVED.

    None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be sent to customercare@agchemaccess.com.

    The AgChem word and logo are our trademarks. All other trademarks service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners.

    We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us via e-mail at customercare@agchemaccess.com.

  • 15. Advertisements The Site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.
  • 16. Indemnity You agree to indemnify and hold us, our officers, employees, agents, consultants, licensees and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees resulting from or alleged to result from your use of the Site Content and/or Services in a manner that violates, or is alleged to violate, these terms. We shall provide notice to you promptly of any such claim suit or proceeding and shall reasonably co-operate with you at your expense in your defence of any such claim.
  • 17. Force Majeure We will not be liable for any delay or failure in performance or interruption of the delivery of the contents of the Site and/or Services resulting directly or indirectly from any cause or circumstances beyond our reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems, computer viruses (including but not limited to logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.
  • 18. Severability and Waiver If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term.
  • 19. Entire Agreement These terms constitute the entire agreement between you and us and govern your use of the Site and Services superseding any prior agreements between you and us.
  • 20. Jurisdiction Unless otherwise agreed in writing by us, these terms of use are governed by and construed in accordance with English Law and you irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms or the legal relationship established by them and for these purposes irrevocably submit all disputes to the jurisdiction of the English Courts.
  • 21 Our contact details

    If you have any comments suggestions or questions about these terms of use and/or the Site and/or us generally, please contact us by sending an e-mail to customercare@agchemaccess.com or writing to

    AgChemAccess Limited
    BCM Box 3020
    London WC1N 3XX
    United Kingdom

    Tel (UK): 0871 200 0094
    Tel (International): +44 870 9500 461
    Fax (UK): 0871 200 0094
    Fax (International): +44 870 9500 461