Farmsby.com (“Site” or “Website”) is a service platform of and operated by Farmsby Ltd. (“our”, “us” or “we”)
Except as may be expressly provided in this Agreement, this Site is intended for personal, non-commercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Farmsby Ltd.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN FARMSBY LTD.’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
You, the User, acknowledge that all content included on this Site, including any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are except where expressly stated otherwise, the intellectual property of Farmsby Ltd. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Intellectual Property Law of Nigeria, or other applicable laws.
Farmsby Ltd. grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, farming packages, price and availability of Farmsby Ltd. services), as well as the infrastructure used to provide such content and information, is the property of Farmsby Ltd. Accordingly, as a condition of using this Site, except as provided in Third party Investments, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your investment statement (and related documents) as proof of services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
Farmsby Ltd. reserves the right to cancel any request or any other transaction that it reasonably believes or is informed by its payment gateway to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.
FARMSBY LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FARMSBY LTD. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WHERE APPLICABLE), BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
FARMSBY LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. FARMSBY LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, FARMING PACKAGES, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
FARMSBY LTD. IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE
(I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR FARMING PACKAGES AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
Persons under the age of 18 are not eligible to use any services on our Site.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FARMSBY LTD., INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, (IX) DELAY IN RECEIVING RETURNS ON INVESTMENTS.
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
No responsibility is accepted for any additional expense, omissions, delays, other incidents occasioned by the acts or policies of any governmental authority.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total amount of User’s investment or service charge to the User assessed by Farmsby Ltd. for making a Request. And in this regard, the total amount of a User’s investment shall not include the interest to be paid on the investment.
You agree to defend and indemnify Farmsby Ltd. and its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought
(i) by you or on behalf of you in excess of the liability described above, within the limits permitted by applicable law; or (ii) by third parties as a result of:
The Website will not as a matter of practice, contain links to other web sites or services but to the extent that this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Farmsby Ltd. does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Farmsby Ltd’s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
You further acknowledge and agree that Farmsby Ltd. 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.
Farmsby Ltd. reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any farming package, service or product available through the Site, and/or your profile, password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Farmsby Ltd. shall not be liable to you or any third-party for any termination of your access to this Site.
However, if prior to such termination you have legally made an investment on any farming packages, your returns on such investment shall be paid as and when due to you as prescribed in this Agreement or if prior to such termination you have legally purchased some service or product you will receive the benefit of such purchase.
Accessing materials on this Site by certain persons in certain countries may not be lawful, and Farmsby Ltd. makes no representation that materials on this Site are appropriate or available for use in locations outside of Nigeria.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Farmsby Ltd.
We welcome investments on our farming packages as comprehensively described on the site. If you make an investment on a farming package(s), you guarantee that you have the legal capacity to contract and enter into such a transaction. You also guarantee that the funds with which you make the transaction are not in contravention of the Money Laundering (Prohibition) Act, 2011 (as amended) or any anti-corruption laws in Nigeria or as may be applicable.
NOTWITHSTANDING ANYTHING CONTAINED ELSEWHERE IN THIS AGREEMENT, SHOULD YOU BREACH THE TERMS IN THIS CLAUSE, FARMSBY LTD. SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO TERMINATE YOUR ACCESS TO THIS SITE AND TO HOLD YOU IN BREACH OF CONTRACT WITHOUT ANY OBLIGATION TO REFUND YOUR INVESTMENT CAPITAL OR TO PAY ANY RETURNS ON YOUR INVESTMENT.
WITHOUT LIMITATION, YOU HEREBY AGREE TO INDEMNIFY AND HOLD FARMSBY LTD. AND THE COVERED PARTIES FREE FROM LIABILITY IN RESPECT OF AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND EMANATING FROM YOUR BREACH OF THIS CLAUSE.
You understand and agree that 40% of the investment capital for each investment you make is a deposit for that investment. YOU UNDERSTAND AND AGREE THAT THIS DEPOSIT IS NON REFUNDABLE.
Crowd Farming Package Farmsby Ltd. has full control over the funds and exercises full discretion in choice of farmland to channel User’s investment funds and in choice of crops to cultivate.
User is entitled to 50% (fifty percent) interest on each investment capital for a farming package. The sum total of the investment capital for each individual investment and 50% interest on the investment capital make up the investment returns.
An Investment shall become mature within 90 days from the date of making the investment and the maturity of an investment means the following:
Joint Venture Package Farmsby Ltd. has full control over the funds and exercises full discretion in choice of crops to cultivate with User’s investment funds. However, user provides farmland.
User is entitled to 75% (seventy-five percent) interest on each investment capital for a farming package. The sum total of the investment capital for each individual investment and 75% interest on the investment capital make up the investment returns.
An Investment shall become mature within 120 days from the date of making the investment and the maturity of an investment means the following:
You reserve the right to cancel your investment at any time before the maturity of the investment. In the event that you cancel the investment, Farmsby Ltd. will refund to you the refundable portion of your investment capital as promptly as possible. THE REFUNDABLE PORTION OF YOUR INVESTMENT CAPITAL IS YOUR INVESTMENT CAPITAL LESS THE DEPOSIT ON THE INVESTMENT.
Users may of their own free will choose to promote Farmsby.com and its farming packages to third parties. Consequently, Farmsby Ltd. grants interested Users a limited license to direct such third parties to the Website or to show such third parties information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material on the Site for the purpose of promoting the site and convincing such third parties to become Users and to invest in Farmsby Ltd.’s farming packages.
This Limited License does not extend to or give Users the right to copy, share, transfer any content of the site, or to, duplicate, reproduce or howsoever, infringes the intellectual property of Farmsby Ltd. in respect of any content of the site. IN THE EVENT THAT A USER SHARES OR TRANSFERS ANY CONTENT OF THE SITE, OR INFRINGES FARMSBY LTD.’S INTELLECTUAL PROPERTY, THAT USER SHALL BE LIABLE FOR ANY CIVIL OR CRIMINAL BREACH OF THE RIGHTS OF FARMSBY LTD. EMANATING THEREOF AND IRRESPECTIVE OF WHETHER OR NOT SUCH BREACH OCCURS, FARMSBY LTD. SHALL HAVE THE RIGHT TO EQUITABLE RELIEF.
Users may however, share the link to the homepage of the Site.
The third party investments scheme does not create an agency relationship between You and Farmsby Ltd. and does not offer you protection as a covered party. The third party investment scheme relates only to Farmsby Ltd. farming packages. The third party investment scheme is different from the clause on making requests on behalf of third parties stipulated above. Third party for the purposes of the third party investment scheme means an individual or firm who or which is not a User prior to your promoting the Site to such individual or firm and who may subsequently decide to become a User.
Where a User successfully promotes the Site to a third party who subsequently becomes a User (Second User) and invests in a farming package(s), the User who promoted the Site shall receive 10% of the investment capital on the first investment made by the Second User PROVIDED THAT THE SECOND USER SHALL HAVE INDICATED AS PROVIDED ON THE SITE THAT THE USER PROMOTED THE SITE AND FARMSBY LTD. FARMING PACKAGES TO SECOND USER AND PROVIDED THAT SECOND USER HAS THE LEGAL CAPACITY TO ENTER INTO THE TRANSACTION AND THE INVESTMENT(S) IS NOT IN CONTRAVENTION OF THE MONEY LAUNDERING (PROHIBITION) ACT, 2011 (AS AMENDED) OR ANY ANTI-CORRUPTION LAWS IN NIGERIA OR AS MAY BE APPLICABLE.
The 10% referred to above is 10% of the investment capital only and not of the Returns on investment and as stipulated above, the bonus is only applicable to the first investment made by the Second User. Subsequent Investments by Second User do not yield a bonus to the User.
Farmsby Ltd. may from time to time, in its sole discretion, offer products or services to Users at rates or charges to be specified in the offer.
Farmsby Ltd. does not receive investment funds or other payments directly from Users. All payments are to be mad through our payment gateway, https://paystack.com.
If you have any questions about these Terms, please contact us.