We advise that you take your time to carefully read and understand this agreement before using the platform
- This agreement outlines the terms and conditions (the “Terms”) between you (a “Sponsor”, “you”) and Farmstall (“Farmstall”, the “Company”, “we”, or “us”) under which you agree to sponsor third party farmers to cultivate farm plots through our website (the “Platform”). It is important that you read these Terms carefully. We strongly recommend that you seek independent advice when considering whether to sponsor a farmer with your money through the Platform.
- We do not provide any advice, nor do we make any recommendations to you. The Company solely allows you to sponsor a farm applied for by farmers on the Platform. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk.
- Please be aware that execution of these Terms does not imply that we have confirmed that use of the Platform and our Services are suitable or appropriate for you.
- We advise you to consider whether sponsoring a farm through the Platform meets your required risk levels and objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your other financial commitments. By using the Platform, you confirm that you have the necessary experience and knowledge to understand the risks involved.
- You confirm your agreement to these Terms either by registering as a sponsor on our website or by signing a copy of these Terms.
- At the beginning of a farming cycle, you will be expected to pay costs related to the lease of land for farming, seedling/livestock, fertilizers, maintenance costs, insurance costs, and the cost of supervision and administration. All costs are included in your sponsorship contribution.
- You agree that by sponsoring a farm, your contribution is tied and unavailable for the entire duration of the farming cycle and neither Farmstall nor the farmers can or will refund your contribution until the successful completion of a farming cycle.
- Any profits from a successful farming cycle of a Sponsor’s farm are remitted to the electronic wallet on the Platform when the produce is harvested and sold (i.e. upon completion of the farming cycle)
- At the end of a successful farming cycle, you can decide whether to withdraw your funds from the electronic wallet on the Platform and transfer to a bank account you provide us with or to sponsor a farm for a new farming cycle
- You acknowledge that you do not own any of the farms cultivated and are only entitled to the proceeds of any farming cycle you participate in.
- You will receive periodic updates on the status of the farm by email. The updates are also available on your profile on the Platform. You are expected to review all notifications, updates and reports from Farmstall as they represent a record of information pertaining to your sponsorship contribution during a farming cycle.
- You are entitled to request for a physical visit to your sponsored farm, however, you must provide us with at least 21days notice to schedule a visit.
Sponsor Representations and Warranties
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Platform or Services, including the time you are matched to a Loan Agreement;
- You are over the age of 21 years;
- You are of sound mind and have the capacity to enter into these Terms and be matched to a farm;
- All personal information that you provide about yourself is accurate and true to the best of your knowledge;
- You hold a bank account in Nigeria in your own name and will use this account to transfer money to our account when you sponsor a farm and to receive refunds of contributions made and profits earned;
- you have carefully considered the risks involved with using the Platform, the Services and being matched to a farm and also the risks associated with any form of cash contribution or donation;
- you will only ever sponsor with your own money unless you are authorized on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party.
- you are not using any illegal funds or attempting to launder by sponsoring a farm.
- if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization);
- You are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
Access and Use
- Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times.
- If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.
- You confirm that you will only use our Platform for the purposes set out in these Terms.
- You confirm that you will not attempt to gain unauthorized access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website.
- Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating.
- We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.
Where we discover that the Platform is being used to launder money or for any suspicious transactions, we have an obligation to report your activities to the relevant authorities with
Foreign Exchange Risk
- Where a Sponsor contributes in a currency other than the Naira, foreign exchange gain or loss and fluctuations in currency rates may have an impact on the profit made on such contribution by the Sponsor.
- All profits on contribution shall be converted and returned in Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The Sponsor therefore enters into any transactions in currencies other than the Naira at their sole risk and shall bear all responsibilities for any gains or loss as a result.
- Unexpected changes in currency exchange market conditions may have an impact on the extent of profit the Sponsor would be exposed to such as when there is an upward or downward movement in the relevant rates.
- The Sponsor understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on contributions made or profit earned.
Term and Termination
- Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to sponsor a farm with the Company and shall remain valid and binding for as long as you have outstanding sponsored farming cycles.
- These Terms may be superseded by any amended Terms.
- These Terms may be terminated by you provided that you have no outstanding sponsored farming cycle. Notice of termination must be provided in writing to firstname.lastname@example.org
- These Terms may be terminated by the Company at any time without notice
Farm plots have been insured. In any case Farmstall makes a claim under the insurance policy, and the insurance claim is settled by the insurance company, Farmstall shall pass on the benefits of such claims to Subscribers in the proportion of their Subscription Contribution in any affected Farm
The Service and its original content, features and functionality are and will remain the exclusive property of Farmstall. The Service is protected by copyright, trademark, and other laws of The Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Farmstall.
User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Farmstall.
Farmstall has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Farmstall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and condition and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify and hold harmless the Company, any farmer, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
- your fraudulent or illegal use of the Platform, the Services or the Website;
- your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are matched;
- any inaccurate or incomplete information that you have knowingly provided to us;
- you allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
- any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website;
- any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.
This Agreement shall be governed by the Laws of the Federal Republic of Nigeria. Any dispute arising out of this Agreement, which cannot be settled, by mutual agreement/negotiation within 30 days shall be referred to arbitration by a single arbitrator at the Lagos Court of Arbitration (“LCA”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria.
The arbitrator shall be appointed by the Parties, where Parties are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LCA.
The findings of the arbitrator and subsequent award shall be binding on the Parties and may be enforced through a Nigerian court of law. Each Party shall bear its cost in connection with the Arbitration.
Limitation of Liability
In no event shall Farmstall, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Farmstall, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes of Terms
Farmstall reserves the right, in its sole discretion, to change the Terms under which farmcrowdy.com is offered. The most current version of the Terms will supersede all previous versions. Farmstall encourages you to periodically review the Terms to stay informed of our updates.