We respect the privacy of our online visitors and registered users (“Users”) as such we will take reasonable steps to protect your information.
1. About Us
Farmkart Foods is an Agriculture Tech enhanced platform that gives you the opportunity to participate in our variety of livestock farming. By selecting the kind of farm you would like to invest, we use these funds from you, our partners to secure land, insure farm and farm produce, complete a full farming cycle, sell harvests and then pay the partners profits from a successfully harvested farming cycle. consumers with quality farm fresh produce and to investors’ profitable investment yields which makes this a socially responsible and viable way of increasing food production and strengthen food security.
2. Updates, Modifications & Amendments.
3. Age Restriction
4. Personal Information
To gain full access to our website and services, you must register for a Farmkart Foods account. When you register for an account, we collect Personal Information which you voluntarily provide to us. Personal Information refers to the personal information you submit, when you sign up or any information that can be used to identify or contact you, (e.g. email address, password, name, telephone no and business name). It may also include anonymous information that is linked you specifically, (e.g., IP Address).
We use your Personal Information to:
- – provide you with the required services.
- – respond to your questions or requests
- – improve Farmkart Foods’s operations
- – address inappropriate use of our website
- – prevent, detect and manage risk against fraud and illegal activities
- – target advertisements, newsletter and service updates
- – verify the information that you provide with third parties
- – update our database, improve content and website layout
- – resolve disputes that may arise
We may retrieve additional Personal Information about you from third parties and other identification/verification services such as your financial Institution, payment processor and verification services. With your consent, we may also collect additional Personal Information in other ways including emails, surveys, and other forms of communication. Once you begin using our services through your Farmkart Foods Account we will keep records of your transactions and collect information of your other activities related to our services. We will not share or disclose your Personal Information with a third party without your consent.
5. Information that we collect from website visitors
We do not collect your Personal Information when you visit the website. However, so we can monitor and improve our website and services we may collect non-personally-identifiable information. We will not share or disclose this information with third parties except as a necessary part of providing our website and services. We may use the information to target advertisements to you.
6. Information that we collect from test users
When you test our services using the “Demo” part of our website, we collect both non-personally identifiable information and personally identifiable information. Information we collect include your IP address, information about your computer, and other standard web log information to monitor the test transactions. We also collect your email address and credit card information you provide to conduct the test transactions. We will not share and disclose your credit card information.
7. Information that we collect from checkout users
9. How we protect your Information
Farmkart Foods is committed to managing your Personal Information in line with global industry best practices. We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, we also use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard your Personal Information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files and only granting access to Personal Information to only employees who require it to fulfill their job responsibilities.
10. How we share the Personal Information you provide
11. The Data that we Retain
We will retain your information for as long as your account is active or as needed to provide you with our services, comply with our legal and statutorily obligations or verify your information with a financial institution. Farmkart Foods is statutory obligated to retain the data you provide us with in order to process transactions, ensure settlements, make refunds, identify fraud and in compliance with laws and regulatory guidelines applicable to us, our banking providers and credit card processors. Therefore, even after closing your Farmkart Foods account, we will retain certain data to comply with these obligations.
Summary of service
Farmkart Foods is an agriculture tech enhanced platform that gives you the opportunity to participate in our variety of livestock farming. By selecting the kind of farm you would like to invest, we use these funds from you as our partners to secure land, insure farm and farm produce, complete a full farming cycle, sell harvests and then pay the partners profits from a successfully harvested farming cycle.
Acceptance of terms
The Company 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 limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.
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 & Registration Obligations
When you create an account with us, you must provide us 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 as a username the name of another person or entity or a name 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. If you use our website, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Farmkart Foods has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms or a breach of the Terms, we have the right to indefinitely suspend or terminate or block access of your membership with Farmkart Foods and refuse to provide you access to the Website.
The Service and its original content, features and functionality are and will remain the exclusive property of Farmkart Foods Investment Limited. The Service is protected by copyright, trademark, and other laws of The Federal Republic of Nigeria. Our trademarks and logo may not be used in connection with any product or service without the prior written consent of Farmkart Foods 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 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.
Connect to Other Web Sites
Our service may contain links to third party web sites or services that are not owned or controlled by Farmkart Foods.
Farmkart Foods 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 Farmkart Foods 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 strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You shall defend, indemnify, and hold harmless Farmkart Foods, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Farmkart Foods reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Farmkart Foods in asserting any available defenses.
Limitation Of Liability
In no event shall Farmkart Foods, 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.
Farmkart Foods, 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.
(a) You shall not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs) or other service providers;
(b)You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Farmkart Foods reserves the right to bar any such activity.
(c)You shall not attempt to gain unauthorized access to any portion or feature of Farmkart’s website, or any other systems or networks connected to Farmkart Website or to any Farmkart’s server, computer, network, or to any of the services offered on or through Farmkart Foods Website, by hacking, password “mining” or any other illegitimate means.
(d)You shall not probe, scan or test the vulnerability of Farmkart Foods’ website or any third party network connected to our website nor breach the security or authentication measures on our website or any network connected to the Website.
(e)You may not reverse look-up, trace or seek to trace any information on any other user or visitor to Farmkart Foods Website, or any other customer of Farmkart Foods, including any of our Accounts not owned by you, to its source, or exploit our Website or any service or information made available or offered by or through our Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Farmkart Foods Website.
(f)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Farmkart Foods Website or its systems or networks, or any systems or networks connected to us.
(g)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(h)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Farmkart Foods on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
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.
Our failure 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.
Farmkart Foods reserves the right, at its discretion, to change the Terms under which www.farmkart.ng is offered. The most current version of the Terms will always override all previous versions. Farmkart Foods encourages you to periodically review the Terms to stay informed of our updates.
Terms of Sponsorship
This agreement outlines the terms and conditions (the “Terms”) between you (an “Investor”, “you”) and Farmkart Foods Limited (“Farmkart Foods”, the “Company”, “we”, or “us”) under which you agree to be an Investor to third party farmers to cultivate livestock farms through our website (the “Platform”). It is important that you read these Terms carefully. We strongly recommend that you seek independent advice when considering whether to Invest in a farmer with your money through the Platform. We do not provide any advice, nor do we make any recommendations to you. The Company solely allows you to be an Investor in a farm applied for by farmers on the Platform. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk.
Please be aware that execution of these Terms does not imply that we have confirmed that the use of the Platform and our Services are suitable or appropriate for you. We advise you to consider whether Investing in a farm through the Platform meets your required risk levels and objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your other financial commitments.
2. Legal & Regulatory Terms
Farmkart Foods Limited is a Limited Liability Company registered in Nigeria (Registration Number RC 1394289 with its address at 1, Adekunle Owobiyi Close,
Ogba, Lagos, Nigeria. Farmkart Foods is an Agric-Tech platform where people can invest in livestock farming to increase local food production, support farmers and get returns on their investment.
3. Investment Terms
The Investor will receive periodic updates on the status of the farm by email. The updates are also available on your profile on the Platform. You are expected to review all notifications, updates and reports from Farmkart Foods as they represent a record of information pertaining to your investment contribution during a farming cycle. You are entitled to request for a physical visit to your Invested farm, however, you must provide us with at least 21 days notice to schedule a visit. At the beginning of a farming cycle, you will be expected to pay costs related to the lease of land for farming, fingerlings, supplements, maintenance costs, and the cost of supervision and administration. All costs are included in your Investment fee. You agree that by Investing in a farm, your contribution is tied and unavailable for the entire duration of the farming cycle and neither Farmkart Foods nor the farmers can or will refund your contribution until the successful completion of a farming cycle. Any profits from a successful farming cycle of an Investor’s farm are remitted to the electronic wallet on the Platform when the produce is harvested and sold (i.e. upon completion of the farming cycle). At the end of a successful farming cycle, 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 Invest in a farm for a new farming cycle. You acknowledge that you do not own any of the farms cultivated and are only entitled to the proceeds of any farming cycle you participate in.
4. Investors Representations & Warranties
Representations and warranties are statements and promises made by you to the Company, which we rely on 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 are of sound mind and have the capacity to enter into these Terms and be matched to a farm;
- – all personal information that you provide about yourself is accurate and true to the best of your knowledge;
- – you hold a bank account in Nigeria in your own name and will use this account to transfer money to our account when you Invest in a farm and to receive refunds of contributions made and profits earned;
- – you have carefully considered the risks involved with using the Platform, the Services and being matched to a farm and also the risks associated with any form of cash contribution or donation, including but not limited to the possibility of losing all the money you contribute;
- – you will only Invest with your own money 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 Investing in 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 are applicable to you or any company, trust or partnership upon whose instructions you are acting.
5. Access & Use
Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times. If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.
You confirm that you will only use our Platform for the purposes set out in these Terms.
You confirm that you will not attempt to gain unauthorized 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.
Access to the Platform may be restricted at the discretion of Farmkart Foods, particularly during periods of maintenance and updating.
We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.
6. 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.
7. Foreign Exchange Risk
Where an Investor contributes 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 contribution by the Investor. All profits on contribution shall be converted and returned in Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The Investor 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. Unexpected changes in currency exchange market conditions may have an impact on the extent of profit the Investor would be exposed to such as when there is an upward or downward movement in the relevant rates. The Investor understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on contributions made or profits earned.
8. Term and Termination
Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to Investor a farm with the Company and shall remain valid and binding for as long as you have outstanding Investment farming cycles. These Terms may be superseded by any amended Terms. These Terms may be terminated by you provided that you have no outstanding Investment farming cycle. Notice of termination must be provided in writing to [email protected] These Terms may be terminated by the Company at any time without notice.
Subject to 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 inaccurate 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
11. 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 findings 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.
12. Applicable Law
This Agreement shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. The Parties submit to Arbitration and waive any objections based upon venue.
13. Contact Us
If you have any question regarding this Agreement, or comments about the Site or its contents should be directed to [email protected]