Terms and Conditions

Terms and Conditions of Use

Welcome to the Farmcenta.com website (the “site”). Kindly review the Terms and Conditions listed below diligently prior to using this service as your use of the site indicates your agreement to be wholly bound by its Term and Conditions. These Terms and conditions, which set forth the legally binding terms and conditions for your use of the services (the “Service”) offered by Farmcenta Limited. (“Farmcenta” or the “Company”) and the website at www.farmcenta.com.

Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and all applicable laws and all conditions or policies referenced here (collectively, the “Terms and conditions”)

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and that the Company may use any information the Company obtains about you in accordance with the provisions of the Privacy Policy.

Summary of service

Farmcenta is a tech-based agricultural platform that allows Nigerians to participant in the agricultural value chain by investing in a farm (s) of their choice. Every farm has a subscription price required, expected returns from harvest, and time frame till harvest. The investors’ (“Subscribers”) money is used to lease farm land, engage farmers, procure seedlings and other inputs, comprehensive insurance, and harvests to the market. Subscriber gets paid upon a successful harvested farm Period. Farm subscribers receive updates about operations of their farm in form of pictures, videos and text in order to stay tuned with the farm.

Definitions

In these Terms and conditions, we refer to those contributing funds as “Subscribers” Other users of the Service and visitors to the Site are referred to collectively as “Users.” Information about operations and progress reports on the farms are referred to as “farm updates”. A farm Season” refers to a complete farming season from planting to harvest and sales.

Acceptance of terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and conditions and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third party services providers to the Site that are referenced herein. These Terms and conditions apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms and conditions by this reference.

Farmcenta reserves the right, at its sole discretion, to modify or replace these Terms and conditions from time to time by posting the updated terms on the Site. It is your duty to check the Terms and conditions periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms and conditions will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Farmcenta reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose restrictions on certain features and Services or limits your access to parts of or the entire Site without notice.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Accounts

While creating an account with us, you must provide us with accurate information that is complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate cancellation of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to reveal your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unapproved use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Subscription Terms

The Subscriber will receive periodic updates on the progress of the farm by email. The updates are also available on your profile on the Platform. You are expected to read all updates and reports from Farmcenta as they represent a record of information about your Subscription participation during a farming Season.

You have the right to request for a physical visit to your subscribed farm, however, you must provide us with at least 2 weeks’ notice to schedule your visit

You will be expected to pay costs related to the lease of land for farming, seedling/livestock, fertilizers, maintenance costs, and the cost of supervision and administration. All costs are included in your Subscription contribution

You agree that by subscribing a farm, your investment is tied and inaccessible for the entire duration of the farming season and neither Farmcenta nor the farmers can or will refund you until the completion of a farming Season

Profits from a successful farming season of a Subscriber’s farm are remitted to the electronic farm wallet on the Platform when the produce is harvested and sold

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 Season

After farming season, any profits made during harvest will be shared between the Subscriber, the farmer and Farmcenta in a 40%:40%:20% ratio.

You acknowledge that you do not own any of the farms and are only entitled to the profits of any farming season you invest.

Subscription Representations and Warranty

Representations and warranties are statements and promises made by you to the Farmcenta, which we accept 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 18 years;

you have the capacity to enter into these Terms and be matched to a farm;

information that you provide about yourself is accurate and true to the best of your knowledge;

you have a bank account in Nigeria in your own name and will use this account to transfer funds to our account when you subscribe a farm and to receive refunds of investment made and agreed profits;

you have diligently considered the risks associated with using the Platform, the Services and being matched to a farm and also the risks;

you will only ever subscribe with your own funds 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 subscribing 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 authorised 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 authorisation);and

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

The Platform and Website is, at all times, subject to our Website Terms and conditions.

Access to the Platform is provided by way of your username and password. Log-in details are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore highly important that you secure your username and password always.

If you observe that your access to the Platform has been tamper with in any way, it is your duty to let us know.

You agree that you will only use our Platform for the purposes set out in these Terms.

You agree that you will not attempt to gain unauthorised 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.

You know that we may store your IP address information and may monitor your use of the Website in accordance with our cookie policy.

Gaining 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 carry out your instructions including where we observe that your instruction was not clear, or we could not verify your identity to our satisfaction, or the instruction was not initiated by you, or we believe that the instruction may be related to an unlawful activity.

Anti-Money Laundering

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 without recourse to you.

Foreign Exchange Risk

If a Subscriber invests 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 investment by the subscriber.

Profits on investment shall be converted and returned in Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The Subscriber 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.

Unpredicted changes in currency exchange market conditions may have an impact on the extent of profit the Subscriber would be exposed to such as when there is an upward or downward movement in the relevant exchange rates.

The subscriber understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on investments made or profits.

Term and Termination

Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to subscribe a farm with the Company and shall remain valid and binding for as long as you have outstanding subscribed farming Seasons.

These Terms may be superseded by any amended Terms.

These Terms may be terminated by you provided that you have no outstanding subscribed farming Season. Notice of termination must be provided in writing to info@farmcenta.com

These Terms may be terminated by the Company at any time without notice.

Privacy

You agree that you have read and understood the Company’s Privacy Policy which provides details on how we use and safeguard the personal information that you provide to us and you further confirm that the Company may amend and update this policy from time to time.

Indemnity

The Terms of Insurance and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of a farm to yield according to expectations

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 incorrect or incomplete information that you have knowingly provided to us;

your 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

Dispute Resolution

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 outcomes 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.

Intellectual Property

The Platform and its original content, features and functionality are and will remain the exclusive property of Farmcenta Investment Limited. 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 Farmcenta Investment Limited.

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 decide to provide technical, business or other feedback to the Farmcenta concerning the Platform 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 Farmcenta.

Farmcenta 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 Farmcenta 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 advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account, without prior notice or liability, for any reason whatsoever, including without restriction if you breach the Terms.

After termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Farmcenta, 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.

Disclaimer

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.

Farmcenta, 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.

Governing Law

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.

Inability 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 To Terms

Farmcenta reserves the right, in its sole discretion, to change the Terms under which farmcenta.com is offered. The most current version of the Terms will supersede all previous versions. Farmcenta encourages you to periodically review the Terms to stay informed of our updates.

Memorandum of Understanding Sample

Privacy Policy

Any personal information collected in relation to the use of this website (“site”) will be held and used in accordant with our Privacy Policy, which is available on our site.

Contacting Us

If you have any questions about this Terms and Conditions.