Terms of Use
FarmLinkr Ltd, a UK limited liability company (referred herein "FarmLinkr,", "We" or "Us") with a local branch in Jamaica, offers services through the domain www.farmlinkr.com (sometimes herein the "Site"). FarmLinkr Limited provides a web application ("Software") that allows a user to maintain an account by creating an online store through which they can sell goods online for a fee, which is charged whenever a sale is made (the "Services"). By using the Services offered through the Site, you ("User" or "You," or "Your" which collectively includes You and any other person or entity on whose behalf You may be acting) are accepting and agreeing to the terms of use ("Terms") set forth below which will constitute a binding agreement between You and FarmLinkr Limited ("Agreement"). By using the Services of the Site, You are accepting and agreeing to the terms of the FarmLinkr Privacy Policy ("Privacy Agreement"), which You acknowledge You have read and fully understand.
Each store operator will have their own online store ("Store") from which it will sell its goods
and services and pay a fee to FarmLinkr each time a sale is made. This fee is automatically deducted by FarmLinkr and the balance is paid to the store operator. The fee includes the charge for use of payment services, which enable the collection of payment on the Site via a Visa /MasterCard, PayPal, Mobile Money or any other local or internationally recognised card or service, which is used by the Site.
By agreeing to be bound by the terms of this Agreement, You are acknowledging
You have read and agree to be bound by the Agreement, as the case may be.
Agreeing to our terms of use
FarmLinkr Limited serves as an online marketplace to allow qualifying users to offer and sell goods. FarmLinkr Limited has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, FarmLinkr Limited has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before You purchase goods from the Site.
You may use the Services and the Site and the content owned and provided by FarmLinkr Limited (singularly and collectively, the "FarmLinkr Limited Content") solely in connection with the intended purposes of the Site. No right, title or interest in any of FarmLinkr Limited Content is transferred to You. FarmLinkr Limited retains all of its intellectual property rights in all FarmLinkr Limited Content. Except as expressly authorized by this Agreement, or otherwise agreed to by FarmLinkr Limited, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any FarmLinkr Limited Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by FarmLinkr Limited.
You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or FarmLinkr Limited Content. You agree not to add to, subtract from, or otherwise modify FarmLinkr Limited Content, or to attempt to access any of FarmLinkr Limited Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Approval to Sell on FarmLinkr
We reserve the right to deny approval to anyone wishing to become a seller on FarmLinkr. We reserve the right to refuse, suspend or delete listings or Accounts that we believe are inappropriate or that breach our terms of use policies. We also reserve the right to withdraw the provision of our services and remove you from selling on FarmLinkr in the event that you breach our terms of use and privacy policy, become a nuisance to any other users of FarmLinkr, disrupt the peace, offend other users, fail to deliver to Shoppers what was promised or any other reason that we find disqualifies you from conducting business on our site or puts you in conflict with our mutually beneficial interests and that of our users.
Using FarmLinkr
You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the "Third Party Content") that You submit, post, and display on FarmLinkr Limited. Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree that FarmLinkr Limited has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases, You may encounter Third Party Content which You find is inaccurate, inappropriate, inflammatory or otherwise of concern to You. FarmLinkr Limited makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content.
As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in Your Store or in any links appearing within Your Store. You agree that FarmLinkr Limited does not pre-approve or review Third Party Content; however, FarmLinkr Limited retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of FarmLinkr Limited, such Third Party Content violates the Terms.
As a Seller, You agree to maintain up to date contact information including email address and telephone number on Your Account to enable FarmLinkr to be able to make contact with You regarding Your Store and its operations, or any content displayed there or any issues that require a discussion or for the purposes of resolving any disputes that arise in relation to Your dealings with Shoppers on FarmLinkr or any other purpose that require a discussion with You to arrive at a resolution.
The Site and FarmLinkr Limited Content are protected by laws of both the United Kingdom and Jamaica, and belong solely to FarmLinkr Limited. You may not use, change or amend in any way the Site or FarmLinkr Limited Content without the prior written approval of FarmLinkr Limited. FarmLinkr Limited does not claim ownership rights on Your Third Party Content. When You post or display Third Party Content on the Site, You grant to FarmLinkr Limited a license to use and display the Third Party Content on the Site. You grant FarmLinkr Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) You have in the Third Party Content, in any media now known or not currently known, with respect to Your Third Party Content. In the event a third party re-posts Your Third Party Content, You agree to hold FarmLinkr Limited harmless from any liability arising out of a dispute concerning the re-posting of Your Third Party Content. FarmLinkr Limited works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at [email protected]
FARMLINKR LIMITED ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, FARMLINKR LIMITED CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT.
FARMLINKR LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, FARMLINKR LIMITED CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE.
FARMLINKR LIMITED DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR -THE ACCURACY OR COMPLETENESS OF FARMLINKR LIMITED CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE FARMLINKR LIMITED CONTENT, THIRD PARTY DATA OR OTHER CONTENT WILL BE CORRECTED.
THE SITE, THE SERVICES, AND THE FARMLINKR LIMITED CONTENT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. IN NO EVENT WILL FARMLINKR LIMITED OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT (II) INABILITY TO USE THE SITE, THE SERVICES, FARMLINKR LIMITED CONTENT OR ANY OTHER CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, FARMLINKR LIMITED CONTENT AND/OR ANY OTHER CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STORE OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, FARMLINKR LIMITED CONTENT OR ANY OTHER CONTENT, EVEN IF FARMLINKR LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, FARMLINKR LIMITED CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. FARMLINKR LIMITED'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED £100.00. IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS OR SELLERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
YOU AGREE TO INDEMNIFY AND HOLD FARMLINKR LIMITED (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON A STORE AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE FARMLINKR LIMITED CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.
YOU HEREBY FURTHER RELEASE FARMLINKR LIMITED (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO PERMIT PARTIES TO ENTER INTO TRANSACTIONS FOR ALL KINDS OF GOODS AND SERVICES AND OTHER ACTIVITIES. FARMLINKR LIMITED HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE GOODS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF THE INFORMATION SET FORTH IN THE STORES, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
If a dispute arises between You and FarmLinkr Limited, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. This Agreement shall be governed in all respects by the laws of the Jamaica, without regard to conflict of law provisions. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods. You and FarmLinkr Limited are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. These Terms are effective March 31, 2017, for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof. Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.
While using the Site You will not:
About Us
The Services are operated by FarmLinkr Limited. We are registered in England and Wales under company number 10625662 and with our registered office address at International House, 24 Holborn Viaduct, CITY OF LONDON, London, United Kingdom, EC1A 2BN. We operate a local branch registered with the Office of the Registrar of Companies under company number 1860 (Overseas) and with registered office address at 22B Old Hope Road, Kingston 5, Jamaica.
