Please read these Terms and Conditions, which set forth the legally binding terms and conditions for your use of the services (the “Service”) offered by Green Afro-Palms Limited. “SmartFarmer” or the “Company”and the website GAP Signup use of this Service is based on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to users of the Service and all applicable laws and all conditions or policies referenced here (collectively, the “Terms and Conditions”) By accessing or using the Service, you agree to be bound by these Terms and Conditions.
SmartFarmer is a service by Green Afro-Palms Limited: a farming service, using principles of cooperative farming & technology (Internet of Things “IOT”) for an integrated platform to coordinate resources into farming (crop, animal production and agro-processing). This transformation of conventional farming is to give everyone a chance; young, old, working class, students, cooperate bodies & Institutions, etc. to have the opportunity of venturing farming as a business in a new and smart way, with least efforts. A cooperative farming service using good agricultural practices to make users venture farming to result in; INCREASED FOOD PRODUCTION, REVENUE GENERATION and EXCELLENT RETURNS ON AGRI-INVESTMENTS. SmartFarmer starts from the planning, executing the cooperative farm to selling of the farm produce to off-takers at market price for fair returns on investments.
In these Terms and Conditions, we refer to users of the service as “SmartFarmer”. Information about happenings and progress reports on the farms are referred to as “Updates”. “Farming Season” refers to the period from planting or starting of livestock till sale of produce. The website to monitor, communicate and participate in the service is referred to as “Platform”.
Account(Sign Up and Tickets)
Signing up is a term that refers to joining the service. Users are required to provide information that is accurate & complete. The User after providing signup information is given a user ID referred here as (SmartFarmer-ID): a unique identifier of the User under the service. Ticket refers to the basic unit with which a user can join a farm under the service. The Tickets sizes are determined by the company and made available for users on the website for choosing. Users choose and make payments to complete the signup process. Users are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Failure to do so constitutes a breach of the Terms and Conditions, which may result in termination of your account on the Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- The user after signup and making payments for chosen tickets becomes a subscriber of the service termed as SmartFarmer and is required to join any of the farms put on the service for farming.
- The SmartFarmer will receive periodic Updates on the status of the farm by email. The Updates may also be available on the Website accessible with your ID. You are expected to review all notifications, updates and reports from the company as they represent a record of information pertaining to your contribution during a Farming season.
- You are entitled to a physical visit to the farms you are subscribed to, at any time of your choice during working hours, however you must show your ID to be given permission to enter farms. You can also request for the company to accompany you with your family or friends to the farms for tour or visits, however you must provide the company with at least 2 weeks’ notice to schedule a visit.
- At the beginning of a Farming season, costs related to the lease of land for farming, seedling/livestock, fertilizers, land preparation, crop management, maintenance costs, and the cost of supervision and administration will be borne by the company all from your subscription contribution. All costs are included in your tickets.
- You agree that by subscribing to a farm, your contribution is tied and unavailable for the entire duration of the Farming season and the company will not be able to refund your contribution until the successful completion of a Farming season.
- Subscribers with their own land are not eligible for subscription at the moment (farming season 2020), however when are made eligible: they would be subjected to a payment plan which would be agreed by the company and the subscriber.
- Any profits (returns) from a successful Farming season when the produce is harvested and sold (i.e. upon completion of the Farming season) are remitted to the users receiving funds-account provided to the company on the service-memo physically signed by the user and the company.
- At the end of a successful Farming season, the Subscriber can decide whether to withdraw funds or tickets from the service or proceed to re-farm for the next season by subscribing to another farm for a new Duration subject to that service’s terms & conditions.
- At the end of a Farming season, the Subscriber’s expected profits are disbursed from any profits made from the farming after harvesting, sales and costs of farming deductions.
- You acknowledge that you do not own any of the farms cultivated and are only entitled to your tickets and/or a part of the proceeds of any Farming season you participate in.
Subscribers’ Representations and Warranties
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Platform or Services, including the time you are matched to a Loan Agreement;
- You are over the age of 18 years;
- You are of sound mind and have the capacity to enter into these Terms and Conditions and be a subscriber to a cooperative farm;
- All personal information that you provide about yourself is accurate and true to the best of your knowledge;
- You have carefully considered the risks involved with using the Website, the Services and being matched to a farm and also the risks associated with any form of cash contribution or donation, including but not limited to the possibility of losing all the money you contribute;
- You will only ever subscribe with your own money unless you are authorised on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party.
- If you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation); and
- You are not in breach of any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
The Service and its original content, features and functionality are and will remain the exclusive property of Green Afro-Palms Limited. The Service is protected by copyright, trademark, and other laws of The Republic of Ghana. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Green Afro-Palms Ltd. If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.
Link to others website
Our Service may contain links to third-party web sites or services that are not owned or controlled by Green Afro-Palms Ltd. Green Afro-Palms Ltd. 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 Green Afro-Palms Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit
We may terminate or suspend your account, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may also simply discontinue using the Service. Should the service be terminated by the SmartFamer, a penalty by cash of 15% of the total subscription contribution for the cooperative shall be charged, with the balance of subscription contribution to be distributed to the SmartFarmer according to the proportionate share.
Farming plots and livestock houses have been insured. Where Green Afro-Palms Ltd. makes a claim under the insurance policy, and the insurance claim is settled by the insurance company, Green Afro-Palms shall pass on the benefits of such claims to Subscribers in the proportion of their Subscription Contribution in any affected Farm. Subscribers will get up to 90% of their initial investment back upon any natural occurrence that affects the success of their farms.
Subject to paragraph 10 (Insurance) and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of a farm to yield according to expectations
Limited to Liability
In no event shall Green Afro Palm(GAP), its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms are constructed and to be governed 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 and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Any disputes arising between the user and the company as a result of this service shall be settled by provisions under this terms and conditions and only if unsettled shall proceed to arbitration in accordance with the rules of the Ghanaian laws of Arbitration, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
Changes to Terms and Conditions
Green Afro-Palms Ltd. reserves the right, in its sole discretion, to change the Terms under which the service is offered. The most current version of the Terms will supersede all previous versions. The company encourages you to periodically review the Terms and Conditions to stay informed on all updates.