Terms and Conditions of Use

Last Modified: August 7th, 2020

These Website Terms and Conditions (“Terms”) contained herein on this webpage form a legal agreement between you, as a prospective customer of Farm Aid’s services and Farm Innovation Nigeria (Farm Innovation, FIN, Farm Aid, the Company “we”, “our” or “us”) and shall govern your access to and use of Farm Aid’s services which include all pages within the Farm Aid website, mobile applications and other products and services (collectively referred to as the “Services”).

These Terms apply in full force and effect to your use of the Services and by using any of the Services, you expressly accept all terms and conditions contained herein in full and without limitation or qualification, including our Privacy Policy.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

PRIVACY POLICY

FIN is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

AGE RESTRICTION

Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.

ACCOUNTS

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination 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 disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use the name of another person or entity that is not lawfully available for use, a name or trademark 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.

INFORMATION SECURITY AND WARRANTY DISCLAIMER

FIN will always ensure that the website is available at all times and bug-free. however, it is used at your own risk.
we provide all materials “as is” with no warranty, express or implied, of any kind. we expressly disclaim all warranties and conditions, including any implied warranty or condition of merchantability, fitness for a particular purpose, availability, security, title, and non-infringement of intellectual property rights, without limiting the generality of the foregoing, FARM AID makes no warranty that our website and services will meet your requirements or that our website will remain free from any interruption, bugs, inaccuracies, and error-free.
YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. No advice or information, whether oral or written obtained by you from our website or our services will create any warranty or condition not expressly stated.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. Please ensure you use your virus protection software or application as we cannot guarantee that our Services will be free from viruses or bugs.
You must not attempt to gain unauthorized access to our Services, computers or databases. You must not misuse our Services by introducing trojans, viruses or other materials which are malicious or technologically harmful.

COMMUNICATION WITH FIN

To use the Services, you must provide and verify your email address or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your email address or text message address, we may send you a message via the email address you provide, and you must click on the link as instructed by us. If you change your email address, you must promptly provide and verify your new email address.
Also, if you provide your phone number to us, we may send you important notices via your phone number about the Services.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Farm Innovation Nigeria 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 Farm Innovation Nigeria 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 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.

THIRD-PARTY SERVICES

The Services may contain links or connections to third-party websites or services that are not owned or operated by us or our third-party service providers or licensors. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. Your access and use of such third-party websites and services are subject to applicable third-party terms and conditions and privacy policies. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

LIMITATION OF LIABILITY

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT permitted by applicable law:
In no event will Farm Innovation Nigeria Limited be liable for any direct, indirect, incidental punitive, consequential, special or exemplary damages including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption or any other intangible losses arising out of FIN’s website or services (including, without limitation to inability to use, or arising from the result of the use of FIN’s website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

INDEMNIFICATION

You hereby indemnify FIN and undertake to keep FIN, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold FIN harmless from and against any claim, suit or proceeding brought against FIN arising from or in connection with violations of Intellectual Property or other rights of third parties concerning your use of the Services.

GOVERNING LAW AND JURISDICTION

These terms are intended to create legal relations and shall be binding and legally enforceable under Nigerian Law. Any dispute arising out of these terms, which cannot be amicably resolved by the Parties hereto, shall be referred to mediation conducted by their legal representatives

BREACHES OF THESE TERMS

Without prejudice to FIN’s other rights under these Terms, if you breach these Terms in any way, FlN may take such action as FIN seems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

DISPUTES AND REVERSAL

If you believe that a problematic transaction has taken place, you agree to notify us immediately, to enable us to take action to help prevent financial loss. Your transaction ID and/or transaction details will be required to resolve all disputes.

SEVERABILITY

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use. This doesn’t sound right.

MISCELLANEOUS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.

CONFIDENTIALITY UNDERTAKINGS

To the extent that Confidential Information requiring utmost discretion would be disclosed and made accessible to the User by Farm Innovation Nigeria Limited, the User irrevocably and unconditionally acknowledges that all information disclosed to it in furtherance of the agreed purpose is confidential and undertakes that it will treat and safeguard all Confidential Information as strictly private and confidential and exercise all reasonable care to preserve the confidentiality of the information;

CHANGES TO TERMS

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

ACCEPTABLE USE POLICY

By accessing or using Farm Aid, you agree to comply with the terms and conditions of this Acceptable Use Policy.

1. Restricted Activities

You may not use Farm Aid in connection with any product, service, transaction or activity that:
  • violates any law or government regulation, or promotes or facilitates such by third parties;
  • violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network (each, a “Card Network”);
  • is fraudulent, deceptive, unfair or predatory;
  • causes or threatens reputational damage to us or any Card Network;
  • involves any of the business categories listed in clause 2; or results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

2. Certain Business Categories

You may not use Farm Aid in connection with any product, service, transaction or activity that:

  • falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria
  • relates to the sale and/or purchase of banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety;
  • blood, bodily fluids or body parts;
  • burglary tools;
  • counterfeit items;
  • illegal drugs and drug paraphernalia;
  • fireworks, destructive devices and explosives;
  • identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
  • lottery tickets, sweepstakes entries or slot machines without the required license;
  • offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
  • police badges or uniforms;
  • chemicals;
  • recalled items;
  • prohibited services;
  • unlicensed financial services, stocks or other securities;
  • stolen property;
  • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  • sales of currency without BDC license, certain cryptocurrency operators;
  • obscene material or pornography;
  • certain sexually oriented materials or services;
  • certain firearms, firearm parts or accessories, ammunition, weapons or knives; or
  • any product or service that is illegal or marketed or sold in such a way as to create liability to Farm Aid

relate to transactions that:

  • show the personal information of third parties in violation of applicable law;
  • support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
  • are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
  • pertain to ammunitions and arms; and involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Paystack and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

3. Actions by Farm Innovation Nigeria

If in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Farm Innovation Nigeria and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

  • Blocking the settlement or completion of one or more payments;
  • Suspending, restricting or terminating your access to and use of the FIN’s Services;
  • Terminating our business relationship with you, including termination without liability to Farm Innovation Nigeria of any payment service agreement between you and FIN;
  • Taking legal action against you;
  • Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
  • Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

4. Updates, Modifications & Amendments

We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy.

We advise that you check this page often, referring to the date of the last modification on the page.