Terms and Conditions | Josam Group

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.agrifarmerp.com website (the “Service”) operated by Complete Farmer Limited(“us”, “we”, or “our”) (hereafter referred to as Complete Farmer)

Your access to and 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. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Complete Farmer acts as a venue to match Buyers and Sellers. Complete Farmer is not involved in the actual transaction between Buyers and Sellers and does not transfer legal ownership of items from the Sellers to Buyers.

Overview

Complete Farmer reserves the right to modify or terminate any service for any reason at any time, with or without notice.

Complete Farmer reserve the right to alter this Complete Farmer User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of Complete Farmer, Complete Farmer will notify you via email according to the preference expressed on your account.

Complete Farmer reserves the right to refuse service to anyone for any reason at any time.

Complete Farmer may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text, and information submitted in the forums) that Complete Farmer determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, Complete Farmer Terms of Use, Complete Farmer Privacy Policy, or any other policy documents and community guidelines as posted on Complete Farmer. Complete Farmer has no obligation to do so, however.

Complete Farmer will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.

You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Complete Farmer, you agree to allow other Complete Farmer users to view them and you agree to allow Complete Farmer to display the images and content on Complete Farmer, or in emails from Complete Farmer, and store the images, item description, profile and other content.

All Complete Farmer graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Complete Farmer's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

General Terms

• You acknowledge that you must be 18 years or older to use this site or establish an account.
• You must complete the requested profile information before the selling and payout process on the Platform can be initiated.
• You acknowledge that you bear sole responsibility for keeping your password secure.
• You agree not to use our Service for any illegal or unauthorized purpose.
• You agree to comply with all local laws regarding online conduct and acceptable content.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
• You agree not to modify, adapt or hack our Service or modify another website so as to falsely imply that it is associated with Complete Farmer.
• You agree not to solicit, harass or impersonate Complete Farmer’s members.
• You agree not to transmit any worms or viruses or any code of a destructive nature.
• Furthermore, while Complete Farmer discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
• Complete Farmer reserves the right to conduct due diligence on all its members and users as and when Complete Farmer deems fit.

Dispute Resolution

Complete Farmer’s goal is to make you happy. In the event a dispute arises between you and Complete Farmer, please email Complete Farmer at info@completefarmer.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Accounts

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 agree to be fully responsible for activities that relate to your account or your password. 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 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.

Crowd Farmers / Farm Management Obligations and Guidelines

The Farm Management Service is a separate service offered by Complete Farmer. If you choose to subscribe to Farm Management Service, then Complete Farmer shall act as farming contractor on your behalf to assist you to plan, manage, run and control both the field and Platform processes related to your farm.

If you opt for the Farm Management Service, then you will be bound to the Farm Management Service until the end of the farming cycle. As part of the Crowd Farmer package, you will be ascribed a standard insurance package the details of which are available on the website.

Crowd Farmers must indicate the number of farming cycles they intend to utilize in each contract period. Complete Farmer will only have faming acres available to produce yields that meet Buyer specifications. All Crowd Farmers consent to the Complete Farmer’s execution of a forced sale of their yield after two weeks of harvest, and the proceeds of the forced sale will be paid into the Crowd Farmers account. The purpose of the forced sale is to prevent the loss of perishable produce and yields.

All yields by Crowd Farmers can only be sold on the Platform.

Crowd Farmers are welcome to schedule a visit to the farm at their own cost. Available times for farm visits will be communicated on the website and Platform.

As part of the Farm Management Service, Complete Farmer may work with third parties and other services providers.

Purchase Orders

All items bought and sold on the Platform shall be done through the prescribed Purchase Orders. The Seller shall upload onto the Platform a Purchase Order stating (a) the produce they want to buy; (b) the Price in GHS; (c) the quantity; (d) delivery date; (e) delivery point .

All Purchase Orders can be filled once they have been selected by a Seller. It shall be the Seller’s obligation to fill the Purchase Order and make delivery of the produce within 3 working days, otherwise the Purchase Order will automatically be made available on the Platform for another Seller to fulfil.

All payments made on Purchase Orders shall be credited to the Seller’s Account directly by the Buyer within 14 days of shipment to the delivery point.

Once accepted by the Seller, and the goods have been shipped, the Purchase Order becomes a binding contract on both the Buyer and the Seller.

Buyer Obligations and Guidelines

A Buyer is obligated to complete the transaction of a purchase of an item on our Service with any Seller within three (3) days of concluding the Purchase Order in accordance with the payment terms agreed in the Purchase Order. A Buyer is obligated to immediately pay the Purchase Order price in full upon acceptance of the goods by the independent auditor.

A Seller must abide by all of Complete Farmer's policies and the Seller's own individual shop policies and sell the item as described. Likewise, a Seller must abide by the Seller's own individual policies when dealing with other issues, for example, issues of damage and returns.

Buyers remorse is not a valid reason for requesting a refund from a Seller.

Quality Assurance Audit

All Sellers who are not Crowd Farmers, or utilizing the Farm Management Service will be required to undergo a quality assurance audit check using a designated independent auditor chosen by Complete Farmer. Once a favorable audit report has been generated the Seller will be allowed to accept Purchase Orders on the Platform.

Seller Obligations and Guidelines

Complete Farmer may, at Complete Farmer's sole discretion, change some or all of our Service at any time. In the event Complete Farmer introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Ghana Cedis (GHS) and United States Dollars (USD).

Unless granted an exception by Complete Farmer, Complete Farmer requires all Seller accounts to provide a credit or debit card detail for the purposes of verification of their identity, and for payment of fees and services rendered. The Seller shall expect payment for all shipped produce no later than 14 working days after shipment.

You are responsible for paying all fees associated with using our Service, our Farm Management Services, other Complete Farmer services and all applicable taxes. If a Seller owes more than GHS 50.00 or USD 10.00 in fees at the beginning of the month, they are emailed an invoice detailing the amount due. Payment for the amount due must be made in full within 30 days of the date on the invoice.

Fees for all our services will be described once they are determined.

Binding Sale

All sales are binding. If you, as a Seller, receive a purchase request (order) you are obligated to complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as the Buyer fails to meet the terms of your listing (such as payment method).

Refunds

Payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this Agreement and closure of your account, for whatever reason.

Termination

Without limiting any other remedies, Complete Farmer, without notice, may suspend or terminate your account if Complete Farmer suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Complete Farmer's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Complete Farmer. If Complete Farmer terminates a listing or your account, if you close your account, or if the payment of your Seller fees cannot be completed for any reason, you remain obligated to pay Complete Farmer for all unpaid fees plus any penalties, if applicable. If the Seller's account is not paid in full and becomes past due, Complete Farmer reserves the right to attempt to collect past due fees by charging the Buyer’s card on file. The Seller risks additional penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Complete Farmer support.

Manipulation

The price stated in each Complete Farmer Item Description is an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. Neither Buyer nor Seller, may manipulate the price of any item for any reason.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, pictures, media, data and functionality, both electronic or in other forms and formats, or are and will remain the exclusive property of Complete Farmer Limited and its licensors. Complete Farmer reserves the right to use farm data (all types of data) collected from the farm as it pleases. The Service is protected by copyright, trademark, and other laws of both Ghana and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Complete Farmer Limited. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Complete Farmer Limited.

Complete Farmer Limited 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 Complete Farmer Limited 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 only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Breach

Without limiting other remedies available, Complete Farmer may, without prior notice, limit your activity, immediately remove your item listings, warn Complete Farmer's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Complete Farmer is unable to verify or authenticate any of your information; or
(c) Complete Farmer believes that your actions may cause financial loss or legal liability for you, Complete Farmer's users or Complete Farmer.

Termination

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. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

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.

Complete Farmer Limited, 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.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Ghana, 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.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

If you have any questions about these Terms, please contact us.

Last Updated: 28th May, 2020