Terms & Conditions
Terms and Conditions
1. INTRODUCTION
Welcome to Fresh Farmz Vegetables & Fruits L.L.C (“FARMCO”). FARMCO operates a technology platform which connects users to farmers on the platform and enables them to purchasefresh farm products which can be delivered straight to their doorstep (hereinafter “Services”). This technology platform can be accessed from FARMCO’s website, [Insert website address](hereinafter “Website”) and any related mobile or software application (hereinafter “App”).
These terms and conditions (hereinafter “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Services. In these Terms “we”, “us”, “our” or “FARMCO” refers to Fresh Farmz Vegetables & Fruits L.L.C, a companyregistered under the Department of Economic Development Abu Dhabi and holding commerciallicense number CN-3924080, and “you” “your”, “User(s)” shall refer to you as the Website and/or App User, both Customers and Farmers collectively. Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Website and/or App shall be referred to as “Content”. The Content that you contribute, submit, transmit and/or post to or through the Website and/or App, shall be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit.”
Please read these Terms carefully. By using our Website and/or App, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website and/or App. If you disagree with the Terms and continue to use our Website and/or App it will be understood that you agree with these Terms. Upon accessing the Website and/or App, including any version of this Website and/or App that has been amended to geographically suit its Users, you will be asked to consent to being bound by these Terms as well as our website Privacy Policy (“Privacy Policy”). Users are hence advised to review these Terms and our Privacy Policy prior to using the Website and/or App. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of this Website and/or App. You agree that if you disagree when asked to agree with these Terms, your access to the Website and/or App may be revoked until you agree with these Terms.
2. DEFINITIONS
The definitions and rules of interpretation in this clause shall apply throughout these Terms:
“Account(s)” means the Account you create with FARMCO using your electronic mail account to access the Services;
“Additional Fees and Charges” means including, but not limited to, any duties, fines and/or any other costs that may be applicable from time to time depending on the Order placed on the Website and/or App;
“Applicable Laws” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website and/or App;
“App” means any mobile or software application owned by FARMCO to provide Services to the User;
“Customer(s)” means the Account holder or a user of the Website and/or App, who is seeking to order Products from the Farmers;
“Content” means any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Website and/or App;
“External Sites” has meaning given to it under Clause 3.1;
“Farmer(s)” means an Account holder or user of the Website and/or App who may be a person or legal entity and which possesses the relevant license from the regulatory authority and is registered with FARMCO to sell their Products on the Website and/or App;
“FARMCO” means Fresh Farmz Vegetables & Fruits L.L.C, a company registered under the Department of Economic Development Abu Dhabi and holding commercial license number CN-3924080, and their respective agents, servants, officers and employees;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, Inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how and other intellectual property; and (v) computer systems and applications software including all documentation and modifications thereof.
“Minor” has meaning given to it under Clause 11.17;
“Order” means the collection of Products that the Customer would like delivered to their doorstep;
“Policies” means any terms, conditions, and policies (separate from these Terms) made available on the Website and/or App;
“Product(s)” means any fresh farm item that the Farmers wish to sell on our Website and/or Appwhich may include fresh fruit, vegetable, dairy, meat, and/or any other item which they grow or source;
“Product Description” means and includes the description, images, nutritional information and source of the Products listed on the Website and/or App;
“Total Amount” means the total price of the Order, including any government fees, taxes and surcharges and applicable delivery fees;
“User(s)” means collectively the Customers and Farmers;
“Website” means the website www.FARMCO.com owned by FARMCO to provide Services to the User.
3. USE OF THE SERVICES
3.1 Users
i. In order to use and access certain features on the Website and/or App, a User may either create an Account or directly make purchases through our Website and/or App. If the User chooses to create an Account, then the User must provide complete and accurate information and warrant to update such information as and when required. The Usermust keep their password confidential and is solely responsible for maintaining the confidentiality and security of their own Account, all changes and updates submitted through their Account, and all activities that occur in connection with their Account;
ii. If the User is creating an Account for commercial purposes and are accepting these Terms on behalf of a company, organization, or other legal entity, they represent and warrant that they are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you”, “your” and “User” as used in these Terms shall refer to such entity;
iii. We reserve the right to amend these Terms at any time without prior notice and the User’s continued use of the Website and/or App following the amendments represents the User’s agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website and/or App;
iv. We may, from time to time, decide to change, update or discontinue certain features of the Website and/or App. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by any Applicable Laws;
v. The Website and/or App may include external links on third-party websites (hereinafter“External Sites”). We do not investigate, review, endorse, represent, or control the content of any External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise and you are responsible for reviewing the External Site’s terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk;
vi. We may also select certain websites as priority responses to search terms that you enter. We do not recommend, nor do we endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website and/or App, third-party websites provided as search results, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service advertised on the Website and/or App;
vii. Some Content you see or otherwise access on or through the Website and/or App is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Website and/or App alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes;
viii. In the event of any breach or violation of any Terms hereunder, FARMCO reserves the right to pursue legal remedies available under the Applicable Laws.
3.2 Customers
i. Upon creation of an Account as a Customer, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate and recent. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or provide or use false information to obtain access to the Services that you are not legally entitled to claim. You acknowledge that any access to FARMCO using falsely claimed Accounts may cause us, or third parties to incur substantial economic damages and losses for which you may be held liable and accountable;
ii. You acknowledge to not threaten, abuse, or otherwise endanger, whether digitally or physically, the Farmers who list their Products on the Website and/or App in any way.
3.3 Farmers
i. Upon creation of an Account as a Farmer, you represent to us that all information provided to us in such process is true, accurate, and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or provide or use false information to obtain access to the Services that you are not legally entitled to claim. You acknowledge that any access to FARMCO using falsely claimed Accounts may cause us, or third parties to incur substantial economic damages and losses for which you may be held liable and accountable;
ii. You acknowledge that you hold all the necessary licenses to legally fulfil the Order and sell your Products on our website, including certification of organic products where applicable, and you also acknowledge that you may be asked to upload such information to our Website for verification by us;
iii. You acknowledge that upon creation of your Account, you may be required to upload any/all such licenses, documentation attesting to your qualifications and/or any additional information pertaining to your ability to provide such Services on our Website and/or App to be verified by us;
iv. You agree that FARMCO is not responsible or liable in any way for helping you secure the relevant licenses and any consequences you may face for not having these licenses.
v. You will list the Products on the Website and/or App which are sourced and produced on any farm directly controlled by You. You shall not source Products from any third-party or external source.
vi. You will ensure that all Product(s) correspond with the Description(s) on the Website and/or App (including indications that particular Products are gluten free, nut free, or are suitable for vegetarians and/or vegans).
vii. You will ensure that the Product(s) are free of any insects, unsafe pesticides, or any harmful by-products which may cause any injury to the health and safety of the Customer and/or any third-party consumer of the Product(s).
viii. You will ensure that the Product(s) are safely, securely, and otherwise appropriately packaged at all times and are delivered at an appropriate temperature for consumption by the Customer.
ix. You will ensure that Orders are prepared promptly and in accordance with the timescales communicated to the Customer and/or FARMCO. Should you fail to prepare and deliver the Orders in time, or otherwise fail to prepare and deliver the Orders entirely, you will be subject to the cancellation and refund penalties as prescribed in Clause 8 of these Terms.
x. You will be responsible for ensuring that any Product(s) mentioned on the Website and/or App that is up for sale to the Customers, is sufficiently stocked and any depletion in the stock level of any Product(s) on the Website and/or App will be systematically updatedas and when necessary to ensure business continuity at all times. In the event, the stock of any Product listed on the Website and/or App is below the “low” threshold to sell, then You would be responsible for immediately disabling the “purchase” function on the Website and/or App for that particular item(s) that need to be re-stocked.
xi. FARMCO will bear no liability whatsoever in the event, You are unable to fulfil your duties as detailed in Clause 3.3 of these Terms.
4. PROHIBITED ACTIVITIES
4.1 The Content and information available on the Website and/or App are the Intellectual Property of FARMCO or licensed to FARMCO by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website and/or App:
i. post information on the Website and/or App that is obscene, defamatory, threatening or malicious in nature, or any other material that is prohibited by the Applicable Laws;
ii. publish any copyright material, or material protected by any other Intellectual Property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
iii. attempt to sell any products or services which are not permitted for sale by FARMCO, relevant government and regulatory bodies, applicable laws, and/or the authorized owners of the respective product or service;
iv. infringe or use FARMCO’s brand, logo(s) and/or trademark(s) in any business name, electronic mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
v. attempt to circumvent any protective technological measure associated with the Services;
vi. violate the restrictions of any robot exclusion headers on the Website and/or App or bypass or circumvent their measures employed to prevent or limit access to the Services;
vii. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website and/or App, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these Terms or without express written authorization from FARMCO;
viii. attempt to access or search the Website and/or App or any Content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
ix. download any Content unless it is expressly made available for download by FARMCO;
x. post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
xi. impersonate or misrepresent your affiliation with another person or entity;
xii. harvest or otherwise collect information about others, including names, electronic mail addresses, telephone numbers, and addresses for unlawful purposes;
xiii. interfere with or disrupt any of the associated computer or technical delivery systems;
xiv. interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website and/or App;
xv. 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 or through the Website and/or App; and
xvi. use the Website and/or App, or any Content on the Website and/or App in any manner not permitted by these Terms.
4.2 Users agree not to use the Website and/or App in any way or action that may:
i. cause damage to, or impair the performance of the Website and/or App, inclusive of its availability and accessibility to Users and FARMCO;
ii. be illegal, fraudulent or harmful to any person or company in any direct or indirect manner; and
iii. use the Website and/or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
5. PROHIBITED ITEMS
5.1 You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print or digital media of items that are not permitted to be sold, purchased and listed for sale on this Website and/or App, through the Website and/or App, as per the UAE ecommerce laws and customs regulations. These prohibited items may include but are not limited to:
i. Alcohol, drugs, tobacco, narcotics, controlled substances in any form and any related products thereof;
ii. Adult and mature content including any related products thereof;
iii. Gambling tools, machinery, and other items that facilitate gambling;
iv. Live animals;
v. Illegal wildlife products;
vi. Nylon fishing nets;
vii. Live animals, insects, pets, marine life and any other mammals and species;
viii. Items that contradict Islamic faith and public morals as is expected in the UAE;
ix. Paan and betel leaves;
x. Dangerous items;
xi. Illegal items or items encouraging illegal activity;
xii. Intangible items and advertisements for the provision of services;
xiii. Medicines and/or pharmaceutical items;
xiv. Offensive materials; and
xv. Any other goods or items, the importation of which is prohibited under the Common Customs Law of the UAE or any other Applicable Laws.
5.2 You agree that if you sell, purchase, or transmit photos, videos, graphics, links or any other form of print or digital media of items that are not permitted to be sold, purchased and listed for sale on the Website and/or App, through the Website and/or App, FARMCO holds no liability for your actions and have the authority to report any such Content to the relevant authorities.
6. CONTENT
6.1 Ownership of FARMCO’s Content and Intellectual Property Rights
i. Subject to the express provisions of these Terms, we own, control, license, and reserve all the Intellectual Property rights and the Content used on the Website and/or App. You agree not to use, remove, alter, modify, create derivative works of or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website and/or App or Content. You must not use any part of the Content on our Website and/or App for commercial purposes without obtaining alicense to do so from us or our licensors;
ii. Any and all Content posted on the Website and/or App or submitted by the Users to FARMCO are protected by the relevant copyright laws. We authorize you to view or download a single copy of the material on the Website and/or App solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2020, FARMCO All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website and/or App may be included and are incorporated into these Terms by reference;
iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FARMCO. All rights not expressly granted herein are reserved to FARMCO and its licensors.
6.2 Your License to FARMCO’s Content
i. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Website and/or App only as expressly permitted in these Terms. You shall not use the Website and/or App for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website and/or Appsolely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
ii. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances, in addition to losing access to our Website and/or App.
6.3 FARMCO’ License to User Content
i. Upon submission of Your Content, you hereby grant FARMCO a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use;
ii. For the avoidance of doubt, “Use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialize, create derivative works of;
iii. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or its Users;
iv. You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause an injury to any person or entity, and that You will indemnify FARMCO from any/all claims resulting from Your Content;
v. We reserve the right, at any time and without prior notice, to remove, block, or disable access in whole or any part of Your Content that we, for any reason considered to be objectionable, in violation of the Terms or otherwise harmful to the Website and/or Appor our Users at our sole discretion. Subject to the requirements of the Applicable Laws, we are not obligated to return any of Your Content to you under any circumstances, and assume no liability for any Content posted by You.
7. ORDER PROCESS
7.1 Purchase and Payment of Products
i. The Products listed on our Website have been sourced, grown and cultivated by the respective Farmer noted on the Website;
ii. FARMCO, and/or the Farmer, is not liable for the inappropriate or incorrect use of these Products or any injuries, and damages sustained from any use other than the intended use as per the Product Description, including any allergies or adverse reactions to consuming or otherwise using the Products, even when used as per their intended use and/or as per the Product Description, unless such Product Description was misleading or incorrect, in which case any related claims, disputes, or complaints should be addressed to the respective Farmer;
iii. The price of listed Products excludes VAT and any applicable taxes, as well as delivery and shipping costs and/or other Additional Fees and Charges;
iv. FARMCO will only begin to process your Order, once we have received confirmation of your payment method on the Website and/or App, unless the option of cash on delivery is chosen, in which case the Order may be confirmed verbally or in writing by Us or the Farmer(s).
v. In the event the payment has been settled in full via payment facilitators, then the Farmerwill be notified and permitted to dispatch your Order to you. You will be shown an estimated delivery time at checkout depending on the Products in your order and their availability on our Website and/or App;
vi. FARMCO is not responsible or liable in any form for Orders that have been misplaced either by the Farmer or their respective delivery aggregator (if applicable);
vii. Upon checkout, the Total Amount to be paid is the sum of the Total Amount for all the selected Products, inclusive of VAT as per the applicable UAE taxation laws;
viii. FARMCO and the Farmers have partnered with third-party payment facilitators, to process payments. You must provide accurate and complete information about your payment details, and thereby authorize us to share this information with the third-party payment facilitators and service providers. We are not liable for the safety and security of your payment information once you have been redirected to the respective third-party payment facilitator’s webpage to complete the payment. Your use of our third-party payment facilitators is subject to the compliance of their respective terms and conditions. We may at any time add or delete any other third-party payment facilitator and/or processing service, without notice, which may be subject to additional terms and conditions;
ix. FARMCO will not be held liable for any issues arising out of the payment process with our third-party facilitators once the User has been redirected to their page to complete the process;
x. We may, from time to time, elect to run or otherwise make available promotional offers, deals and/or discounts for the Products featured on our Website and/or App. Unless otherwise indicated on the Website and/or App, we may establish and modify, in our sole discretion, the terms of such offer and/or the suspension or termination of such offer at any point, without giving you prior notice. We reserve the right, in our sole discretion, to reject or refuse to honour any special deal, promotional offer, or discount you submit on the Website and/or App;
xi. FARMCO aims to ensure any/all Order(s) within the UAE are processed as soon as practicably possible from the time of placing the Order on the Website and/or App. Kindly note that this timeframe does not include any unforeseen delays and/orcircumstances beyond our control, such as, but not limited to, lost or stolen Order(s) and/or any situations arising out Force Majeure (stipulated in Clause 18 of these Terms);
7.2 Delivery
i. Where any Product(s) are to be delivered to the Customer, the Farmers may choose to deliver the Order(s) themselves (through their own representatives and personnel) or make a delivery by using a third-party delivery aggregator. The Farmers will be solely responsible for the delivery option chosen for any Order(s) placed on the Website and/or App.
ii. In the event that the Farmers are unable to arrange for delivery themselves (or through their own representatives and personnel), the Farmers shall request FARMCO to organize delivery of the Order(s) at least one (1) working day in advance of the promised delivery time, unless otherwise requested in writing by FARMCO.
iii. FARMCO, maintains that it will not be responsible for any deliveries to the Customers. The Farmers would be solely responsible for ensuring their Product(s) are delivered in a timely manner, with the exception of circumstances where Clause 7.2 (ii) is applicable.
iv. It is Your responsibility to provide correct and accurate information with respect to Yourpersonal details (including but not limited to the physical address, contact details etc.) and ensure that You are made available at the time of delivery. FARMCO bears no liability whatsoever for any delays to any Order(s) due to incorrect or inaccurate User information, and/or due to your non-responsiveness and inability to receive the Product(s) at the time of delivery;
v. FARMCO will provide the User with a tracking number for the delivery of each Order placed on the Website and/or App (if applicable). The tracking number will direct the User to a third-party delivery aggregator’s webpage to track their respective Order.Your use of the Farmer’s third-party delivery aggregators and/or the Farmer’s personal delivery service is subject to the compliance of those third-party delivery-aggregators’ and the Farmer’s respective terms and conditions. As such, FARMCO bears no suchliability for any delayed Order(s) as a result of the fault of the third-party delivery aggregator or the Farmer’s personal delivery service.
vi. Any issues and/or delays with respect to delivery pursuant to the tracking information provided to the User, can be raised as a complaint on the Website and/or App by way of our enquiry form or by contacting our customer service team. FARMCO, will raise this complaint with the respective Farmer who will then look into the matter.
vii. Delivery of any Order shall be prompt and within forty-five (45) minutes of the Customer’s scheduled delivery time. In the event the delivery is delayed by more than forty-five (45) minutes of the Customer’s scheduled delivery time, and FARMCO customer service is unable to resolve the issue as per Clause 7.2 (vi), then the Customer shall be entitled to a refund as follows, unless extension of the delivery times has been mutually agreed between the Customer and the Farmer(s).
7.2.vii.1 delay of thirty (30) minutes to sixty (60) minutes: fifty percent (50%) refund of total Order value; and
7.2.vii.2 delay of more than sixty (60) minutes: one hundred percent (100%) refund of total Order value.
viii. The Farmer(s) must take all possible steps to ensure successful delivery to the Customer, including, but not limited to: (i) contacting the Customer via telephone and email, (ii) ensuring as far as practicable that the Customer is available for delivery prior to dispatch, (iii) attempting delivery to the Customer at different time slots over a reasonable period of time considering the perishability of the Products, and (iv) depositing the Order at the Customer’s address and recording proof of such delivery for evidential use in the future.
ix. Where the Farmer(s) is (are) unable to successfully deliver the Order to the Customer, the party contracting delivery, whether the Farmer’s personal delivery service, or the Farmer’s third-party delivery aggregators, for the Order will bear the cost for such failed delivery.
x. Where any Customer’s requested delivery time cannot be met prior to the delivery of the Order(s), and FARMCO is made aware of any such delay, the Farmer(s) shall request an adjustment in time either at the time the Order is made, or following acceptance of the Order, at least seventy-two (72) hours prior to the time of delivery, with such request to be accepted or rejected by the Customer.
8. CANCELLATIONS AND REFUNDS
8.1 In the event any Customer wishes to cancel any Order prior to the delivery time, they shall carry out such cancellation through FARMCO, using the App or otherwise, and shall pay a cancellation fee to the Farmers as may be deemed fit by FARMCO, at their sole discretion and shall be conveyed to the Customer in writing.
8.2 In the event of a Customer initiated cancellation, the Processing Fee shall be payable by the Customer to FARMCO.
8.3 If the Customer fails to cancel the Order within the allotted period of time, then the refund, if any, provided to the Customer is subject to these Terms and/or the any respective policies of the Farmers.
8.4 In any event, refunds can be availed subject to FARMCO’s and the respective Farmer’s refund policy. No replacement, refund, or any other resolution will be provided without the Farmer’sexpress permission and all refunds will be subject to any Additional Fees and Charges we may incur to process the cancellation.
8.5 Where any Customer’s requested delivery time cannot be met, the Farmer(s) shall request an adjustment in time either at the time the Order is made or, following acceptance of the Order prior to the time of delivery, with such request to be accepted or rejected by the Customer.
8.6 In the event the Customer wishes to make any changes to the Order, including additions to the Order or amendments to delivery time, the Customer must file a request with FARMCO which will be forwarded to the Farmer(s). This request may be accepted or rejected by the Farmer(s) and, if accepted, the Farmer(s) may apply an additional rebooking charge in consideration of accepting the request, which will be passed onto the Customer. The amount of the rebooking fee will be confirmed to FARMCO upon acceptance of the request and cannot be amended unless another request for the same Order has been submitted.
8.7 If the rebooking is accepted by the Farmer(s), the Customer will be required to pay the rebooking fee by being redirected to our third-party payment facilitator, where the Customer will be required to pay the amended amount.
8.8 Any Order which has been accepted by the Farmer(s) shall not be cancelled by FARMCO less than two (2) hours prior to delivery time, unless such cancellation:
i. is due to Force Majeure;
ii. is a result of a violation of these Terms by the Farmer(s);
iii. has been made because FARMCO reasonably suspects, or has been provided with sufficient proof, of illegal or unauthorized activities being committed by the Farmer(s); or
iv. has been expressly agreed to between FARMCO and the Farmer(s), with any conditions to cancellation accepted by FARMCO and the Farmer(s).
9. USER RATING, REVIEWS AND FEEDBACK
9.1 Customers are allowed to rate, review, and provide feedback for the services rendered by FARMCO and the Farmers, and the Products on the Website and/or App. In return, Farmerscan also rate Users based on their conduct and adherence to these Terms and the respective policies for the Farmers.
9.2 User reviews, ratings, or feedback do not reflect the opinion of FARMCO. FARMCO receives multiple reviews by Users, which reflect the opinions of each individual User. It is pertinent to state that each and every review posted on our Website and/or App is the personal opinion of that User only.
9.3 The Users agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of each other and the Farmer to third parties, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning FARMCO (which, shall include its owner, management team, staff and clients)and the Farmers, including, but not limited to, management style, methods of doing business, the quality of work, and/or treatment of employees to any external persons or entities. The Users further agree to take no action that would damage each other’s business, personal reputation or goodwill. This, however, shall not apply towards any truthful statement made as may be required with respect to any Applicable Laws or by a court or authority of competent jurisdiction.
9.4 The Users agree and accept that by providing Your Content to or through the Website and/or App, be it via email, posting via the Website and/or App, or otherwise including any of your Content that is transmitted to your Account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
i. host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
ii. make Your Content available to the rest of the world and to let others do the same;
iii. to provide, promote, and improve the Website and/or App and to make Your Content shared on the Website and/or App available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and these Terms; and
iv. use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of Your Content at our sole discretion. You further grant us the right to legally pursue any person or entity that violates your or FARMCO’s rights in Your Content. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorized in these Terms.
10.1 Our Website and/or App enables Users to rate, review and communicate with each other and us, however, we reserve the right to access and review User communication from time to time to ensure appropriate online conduct and behaviour.
10.2 The Website and/or App is only to be used for its intended purpose. You may not use the Content provided through the Website and/or App and in any manner or for any purpose other than that which is expected.
10.3 Discussions between Users should be conducted in a professional and respectful manner. Abusive or offensive language, discussions which may be deemed as political, discriminative, threatening, sexual, or of religious nature, as well as any other inappropriate behaviour which violates our Terms, directed at any person and, under any circumstances, will not be tolerated on our Website and/or App and may result in Account review and action, including temporary or indefinite suspension or termination.
10.4 You may not post Content that includes inflammatory speech, endorses or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.
10.5 You may not post information or comments on the Website, App, and/or on any third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature or any other material that is prohibited by law, about FARMCO and its Website and/or App.
10.6 Responses to any communications, or requests for communication, made by FARMCO or the User, must be provided promptly and without any unreasonable delay.
10.7 Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of FARMCO. FARMCO will not bear any liability for mitigating such disputes between the parties, this will be the sole responsibility of the parties involved.
10.8 Users acknowledge and accept that an actual or threatened breach of any term(s) of this Clause 10 may be penalized by implementing any one or more of the following:
i. Suspension, removal, or deactivation of their Account from our Website and/or App; and/or
ii. Disqualifying their use of our Website and/or App indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.
10.9 We shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
10.10 We will not be liable for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website and/or App’s communication, chat functionality, and third-party social media platforms.
11. WARRANTIES AND DISCLAIMERS
11.1 Products listed on the Website must adhere to industrial standards of health and safety and must comply with FARMCO’s regulations on marketing, sale and delivery of products on the Website and through the App and made available to users from time to time.
11.2 You agree and acknowledge that the Services are provided on an “as is” basis. Except as otherwise specifically set forth herein, FARMCO does not make, and hereby disclaims any and all warranties express or implied, including without limitation implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and Services.
11.3 We make no warranty that the Website and/or App or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any Content obtained through the Websiteand/or App. No information provided through the Website and/or App or by us in oral or written form will create any warranty not expressly made herein your reliance upon the Content obtained or used by you through the Website and/or App is solely at your own risk
11.4 FARMCO do not endorse any Content posted, submitted or otherwise provided by any User or Farmer, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with such Content. You agree that we are not responsible for the accuracy, consistency or completeness of information uploaded and displayed on our Website and/or App by Farmers.
11.5 FARMCO takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Website and/or App by you (in the case of Your Content), any Farmer’s Content or any third party (in the case of any/all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
11.6 As a provider of interactive services, FARMCO is not liable for any statements, representations or any other Content provided by its Users (including you as to Your Content) on the Website and/or App. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area, We reserve the right, and have complete discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Website and/or App at any time and for any reason. You are solely responsible for creating backup copies of and replacing only Your Content.
11.7 The User acknowledges that FARMCO may store, record or document any information exchanged between Users and FARMCO, and that FARMCO uses the most up-to date applications and security systems to ensure that all data entered online, through the Websiteand/or App, is encrypted.
11.8 Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Website and/or App including, but not limited to personal data as well as information supplied by the User on behalf of any third-party the User wishes to refer to FARMCO.
11.9 Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.
11.10 The User acknowledges that FARMCO will process personal data including but not limited to names and electronic mail addresses in order to provide the Services, make improvements to the Website and/or App and prevent unauthorized use of Services, Website, and/or App.
11.11 If the User does not request FARMCO to delete certain data and/or information, FARMCO reserves the right to retain the information the User may submit for thirty (30) days, and retain other information for at least five (5) years. Such information may be retained for backup, analysis, and business continuity purposes. As such, pursuant to Clause 3.1, the User must provide complete, accurate, and up-to-date information.
11.12 The User agrees that FARMCO is not responsible now or at any time in the future for any unauthorized access including, but not limited to any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Website and/or App.
11.13 The User shall be responsible for obtaining, maintaining and setting up any equipment and/or hardware required to access and use the Website and/or App and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls and any other suitable measures the User deems necessary to ensure the security of the Website and/or App is not compromised.
11.14 The User understands that FARMCO cannot be held liable in the event the Website and/or App transmits information that has been accessed, altered and/or corrupted.
11.15 The User accepts that FARMCO may be required to suspend access to the Website and/or App for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving notice.
11.16 All interactions between Users (Customers and Farmers alike), and/or between Users and FARMCO must be carried out in a responsible, ethical, professional and legal manner.
11.17 We may do any or all of the following without notice:
i. record or pre-screen submissions to public areas within the Website and/or App;
ii. investigate your use of the Website and/or App as we deem appropriate to comply with any Applicable Laws, regulation, government request or legal process;
iii. terminate your access to the Website and/or App, and suspend your Account temporarily or indefinitely, upon our determining whether you have violated these Terms; and
iv. edit the Website and/or App and any Content without notice.
11.18 While using the Website and/or App, you make the following representations and warranties to FARMCO:
i. you are eighteen (18) years of age or older and are legally allowed to use the Websiteand/or App (if and as required);
ii. you acknowledge and understand that you are solely responsible for any information you may choose to disclose to FARMCO; and
iii. you will not commercialize the Services.
11.19 The Services advertised on the Website and/or App shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website and/or App. If a Minor would like to avail of the Services offered by FARMCO, he/she should take the assistance of a parent/guardian/adult authorized with that Minor’s supervision. We do not personally collect identifiable information from any person we know is a Minor.
11.20 In the event a Minor has (i) created an Account; (ii) used an Account belonging to the parent/guardian/adult; and/or (iii) placed an Order through the Services; the Account holder and/or User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that FARMCO is not liable or responsible for the Users failure to act in accordance with this Clause 11.18.
11.21 When a User visits the Website and/or App or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail; however, we may use other methods of communication such as, telephone, or messages on the Website and/or App if we deem necessary. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address
11.22 We may share Users’ personal, non-confidential, information with FARMCO’s affiliates and partners and third parties licensed to access User’s personal information. We sometimes provide aggregated usage or tracking information collected from the Website and/or App to third parties. This will include any third-party aggregators partnered with the Website and/or App, including but not limited to, delivery aggregators, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time. Any issues and/or delays with respect to our third-party facilitators, can be raised as a complaint on the Website and/or App as per Clause 7.2 (vi).
11.23 Users are responsible for taking all reasonable steps to ensure that no unauthorized person receives access to your passwords or accounts. You grant us and all other persons or entities involved in the operation of the Website and/or App and FARMCO the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and/or App. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use, or misuse of information transmitted or received using Website and/or App tools and services.
11.24 We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website and/or App and use of the Website and/or App in any manner other that expressly stated herein.
12. PRIVACY POLICY
12.1 In order to provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services.
12.2 We adopt standard data collection, storage, processing practices, and security measures in accordance with the Applicable Laws, rules and regulations, in order to protect against unauthorized access, alteration, disclosure, or destruction of Users’ data stored on our Services.
13. LIMITATION OF LIABILITY
13.1 You understand and agree that in no event shall the owners, directors, employees, agents, or licensors of FARMCO be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Content or any Order, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Services (2) unauthorized access to or alteration of Your Content; (3) statements or conduct of any Users (4) inaccurate informationprovided by the Farmers; (5) inaccurate information provided on the Website and/or App; (6) any communications, interactions or meetings with other Users; (7) any other matter related to the Services and its Content, whether based on warranty, Intellectual Property, contract, tort (including negligence), Product liability or otherwise.
13.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website and/or App or to your downloading of any material posted on it.
13.3 We will not be held liable for any Content uploaded onto or downloaded from the Websiteand/or App. Any Content uploaded to or downloaded from the Website and/or App shall be the sole responsibility of the Users. FARMCO shall not be held liable for any Content which has been lost, stolen, destroyed, or otherwise whether uploaded to or downloaded from the Website and/or App with or without the consent of the Users.
13.4 We will not be held liable for the quality, accuracy, or legitimacy of any information provided to FARMCO by Users; Farmers to the Customers; Customers to Farmers; or to Users through the Website and/or App. You hereby acknowledge and agree that your acceptance of information provided to FARMCO is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
13.5 We will not be held liable for the failure of the Farmer(s) to carry out their respective duties as detailed in Clause 3.3, including, but not limited to, quality control, packaging, and delivery.
13.6 Users agree that they will not bring any claim against FARMCO or any of our partners, officers, employees, and/or representatives in respect of any losses they suffer in connection with the Website, App, their Orders on our Website and/or App, or these Terms.
14. INDEMNITY
Users agree to indemnify, defend, protect, and hold each of Us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all claims, actions or demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Website and/or App and the Content, or your violation of these Terms.
15. VIOLATIONS
15.1 If FARMCO becomes aware of any possible violations by You of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, We suspect or have reason to believe that criminal activity has occurred, then We shall refer the matter to any applicable relevant legal authorities.
15.2 FARMCO is entitled, except to the extent prohibited by the Applicable Laws, to disclose any information or materials on the Website and/or App, including Your Content, to:
i. comply with the Applicable Laws, legal process, or governmental request;
ii. enforce the Terms;
iii. respond to any claims that Your Content violates including, but not limited to, any third parties’ rights;
iv. respond to your request for customer service (provided such information does not infringe on any Confidential Information rights of FARMCO or the User, such as Confidential Information not required by customer service to assist with your Order); or
v. protect the rights, property, or personal safety of FARMCO, its Users and all enforcement or other governmental officials, as FARMCO may, at its sole discretion, believe to be necessary or appropriate.
15.3 In the event the User has violated any of these Terms, FARMCO can temporarily suspend the Users’ Account or indefinitely terminate the Account at its sole discretion.
16. SEVERABILITY
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Laws.
17. WAIVER
17.1 If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of any such rights or remedies and will not relieve Users from compliance with such obligations.
17.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
18. THIRD-PARTY RIGHTS
These Terms form a contract between the Users and us. No other third-party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or by way of a written authorization from FARMCO.
19. FORCE MAJEURE
19.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control, including, but not limited to, acts of God, internet failure, malfunction of data/database/software (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website and/or App), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving FARMCO’s employees), lockdowns, epidemics, pandemics, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities (“Force Majeure”).
19.2 FARMCO reserves the right to postpone, cancel, or provide a refund as it may deem fit in the event of a Force Majeure. Any refunds are subject to the sole discretion of FARMCO.
20. GOVERNING LAW AND JURISDICTION
20.1 These Terms shall be governed by, and construed in accordance with, the laws of the Abu Dhabi Global Market (“ADGM”) and the respective Applicable Laws, such as, but not limited to, the electronic transaction and e-commerce laws of the UAE.
20.2 The Parties irrevocably agree that the ADGM Courts shall have the sole jurisdiction to settle any and all dispute(s), and/or claim(s) that arise(s) out of, or in connection with, these Terms or its subject matter formation (including non-contractual disputes or claims). The Parties further agree and acknowledge that the Civil Courts of Abu Dhabi may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Abu Dhabiinstead of the ADGM laws (pursuant to an Order received from the ADGM Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Abu Dhabi) and/or in the event of enforcing the ADGM Court judgment.
21. CONTACT INFORMATION
For further inquiries or comments about FARMCO’s Website, App, or these Terms, please contact us through email [Enter email address] or call our customer service line on [Enter contact details].