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.
BEFORE USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS OF USE, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE.
Farmsby Ltd. reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms of use periodically. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties.
Farmsby Ltd. incorporates herein, by reference, its Privacy Policy.
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.
GENERAL TERMS OF USE
1. The Website
These Terms of Use apply to transactions made on the website. Investments or transactions carried out through the website are offered by Farmsby Ltd. and this Terms of Use governs such transactions. The Terms of Use on the website are applicable to any investment or transaction made on the website and to use of the site generally.
2. Copyright Notice
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.
3. Acceptable Use/License
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:
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Farmsby Ltd.;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in the discretion of Farmsby Ltd., an unreasonable or disproportionately large load on the Website infrastructure; or
- deep-link to any portion of this Site (including, without limitation, the purchase path for any farming packages or services) for any purpose without express written permission of Farmsby Ltd.
- deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity.
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- deliver or provide links to, any postings containing defamatory, false or libelous material.
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- attempt to gain unauthorized access to this Site, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means.
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
- by any means possible, spam other Users. You may only use this Site to make legitimate investments on Farmsby Ltd.’s farming packages, or to purchase or make requests to purchase the products or services offered by Farmsby Ltd. (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your user information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
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.
4. Privacy Notice
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Farmsby Ltd. in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, Farmsby Ltd. makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Farmsby Ltd. will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
5. Disclaimer of Warranties
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.
6. Minors
Persons under the age of 18 are not eligible to use any services on our Site.
7. General Limitation of Liability
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.
8. Indemnification
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
- by you or on behalf of you in excess of the liability described above, within the limits permitted by applicable law; or
- by third parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third party; or
- your use of this Site in violation of the terms and conditions set forth herein.
9. Third Parties
If you use this Site to submit Requests for or on behalf of a third-party, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all Terms of Use applicable to all farming packages, products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above. You are directly responsible for any Request you submit including for total charges and performance obligations.
10. User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of Farmsby Ltd. and may be used by a Covered Party in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to a Covered Party, you shall be indicating your consent to the Covered Party’s use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. Your first name, first initial of your last name, and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of Farmsby Ltd. and we make no representations or warranties regarding that information or those opinions. Farmsby Ltd. does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
11. Links to Other Web Sites and Services
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.
12. Modification/Termination of Usage
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.
13. Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site, text messages or electronic mail subject to the terms contained in the Privacy Policy.
14. International Use
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.
14. Hyperlinks
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.
15. Miscellaneous
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement. This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms of Use relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent permitted by applicable law, the laws of Nigeria shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the High Court of Rivers State, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.