Please read the Terms and Conditions listed below before 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 FarmPowerNigeria Limited. (“FarmPowerng” or the “Company”) and the website at www.farmpowernigeria.com.
Your access to the 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”).
Summary of service.
Farm Power Nigeria is an agricultural platform that allows Everyone to participate in the global 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. We use the contributors’ (“Investors”) funds to secure land, engage farmers, plant seeds, insure farms and farm produce, complete a full farming cycle, sell harvests and then pay the Investors profits from a successfully harvested farming cycle.
In these Terms and conditions, we refer to those contributing funds as “Subscribers” or “Investors’. 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 duration” 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. Also, 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.
Farm Power Nigeria 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 acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Farm Power Nigeria 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.
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 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.
The subscriber will receive an MOU (Memorandum of Understanding) in their mail after the subscription. The MOU will contain information concerning their investmentssubscription with us. The investment details will also be available on your profile on the Platform. You are expected to read all documents from Farm Power Nigeria as they represent a record of information about your Subscription participation during a farming duration.
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, and visits are done in groups.
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 to a farm, your investment is tied and inaccessible for the entire duration of the farming season and neither Farm Power Nigeria 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 farm cycle duration is completed.
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
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 Farm Power Nigeria, 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 can 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 name and will use this account to transfer funds to our account when you subscribe to 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 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 to 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); and
you are not breaching any laws or regulations that apply to you or any company, trust, or partnership upon whose instructions you are acting.
Access and Use
The Platform and Website are, 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 tampered 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 unauthorized access to the secure areas of the Website or Platform and you will not attempt to use code or software to manipulate or automate functions available on the Website.
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.
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.
Investment profits 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 can 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 by the provisions below, these Terms shall commence on the date you register to subscribe to 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 firstname.lastname@example.org
These Terms may be terminated by the Company at any time without notice.
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;
you are 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 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.
The Platform and its original content, features, and functionality are and will remain the exclusive property of Farm Power Nigeria. 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 Power Nigeria.
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 Farm Power Nigeria 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 Websites.
Our Service may contain links to third-party websites or services that are not owned or controlled by Farm Power Nigeria.
Farm Power Nigeria has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Farm Power Nigeria 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 the 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 websites or services that you visit.
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 Farm Power Nigeria, 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.
Farm Power Nigeria, 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 by 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
Farm Power Nigeria 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. Farm Power Nigeria encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions about these Terms, please contact us at email@example.com
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