Terms and Conditions

Last Updated: 28th January, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.completefarmer.com website (the “Service”) operated by Complete Farmer Limited(“us”, “we”, or “our”) (hereafter referred to as Complete Farmer) In reading these Terms and Conditions, the following terms shall have the meanings stated below: a. “Buyer” means purchasers of produce from Digifarmers and Growers using the Complete Farmer Marketplace. b. “Complete Farmer Marketplace” means Complete Farmers’s online platform to facilitate the buying and selling of produce between the Sellers and the Buyers. c. “Digifarmers” means farmers who are managed by Complete Farmer. d. “Growers” means farmers other than Digifarmers who sell their produce on the Complete Farmer Marketplace. e. “Seller” means Digifarmers and Growers who use the Complete Farmer Marketplace to sell their produce. 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 should not access the Service.


Overview


Complete Farmer offers Sellers the ability to digitally farm and monitor the farms from their mobile devices or to utilize proprietary Complete Farmer cultivation protocols, as well as to engage on the Complete Farmer Marketplace. Complete Farmer offers Buyers farm to warehouse crop sourcing and supply chain management through the Complete Farmer Marketplace. Complete Farmer Marketplace acts as a venue for Buyers and Sellers to interact. Complete Farmer is not involved in the business transactions between Buyers and Sellers, legal ownership of produce is transferred directly from the Sellers to the Buyers. Complete Farmer reserves the right to modify or terminate any service on Complete Farmer for any reason at any time, with or without notice. Complete Farmer reserves the right to alter these Terms and Conditions any time. If Complete Farmer considers alterations to constitute a material change to the Terms then Complete Farmer will notify you by email according to your preferred mode of contact as 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 and Conditions, 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 violation of our General Terms or otherwise in contravention with these Terms and Conditions. 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. 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.


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 Complete Farmer 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 that you are unhappy with the service on Complete Farmer or are otherwise facing difficulty 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.


Digifarmers and Growers Farm Management Obligations and Guidelines


The Farm Management Service is a separate service offered by Complete Farmer. If you choose to subscribe for Digifarm or Grower services, then Complete Farmer shall act as farming contractor on your behalf to assist you to plan, manage and run, and further appoint experts on your behalf to control both the field and The Complete Farmer Marketplace processes related to your farm. If you opt for the for Digifarm or Grower services, then you will be bound to the Farm Management Service until the end of the farming cycle. As part of Digifarm or Grower packages, you will be ascribed a standard insurance package the details of which are available on the website. Digifarmers must indicate the number of farming cycles they intend to utilize in each contract period. Complete Farmer will only have farming acres available to produce yields that meet Buyer specifications. All Digifarmers consent to 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 Digifarmers account. The purpose of the forced sale is to prevent the loss of perishable produce and yields. All yields by Digifarmers and Growers can only be sold on the Complete Farmer Marketplace. Digifarmers 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 the Complete Farmer Marketplace. 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 Complete Farmer Marketplace shall be done through the prescribed Purchase Orders. The Seller shall upload onto the Complete Farmer Marketplace a Purchase Order stating (a) the name of the crop they want to sell and its variety; (b) the Price in GHS; (c) the quantity; (d) delivery date; (e) delivery point; (f) preferred payment mode. 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 10 working days, otherwise the Purchase Order will automatically be made available on the Complete Farmer Marketplace 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. Complete Farmer is not a payment services provider and as such all financial transactions take place using licensed third party banks and payments service providers.


Buyer Obligations and Guidelines


A Buyer is obligated to complete a purchase transaction on our Service within ten (10) working 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 sell the item as described. Likewise, a Seller must abide by and resort to the Seller's own individual policies including insurance policies when dealing with other issues, for example, issues of damage and returns. Buyer’s remorse is not a valid reason for requesting a refund from a Seller.


Quality Assurance Audit


All Sellers who are not Digifarmers, 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 Complete Farmer Marketplace.


Seller Obligations and Guidelines


Complete Farmer may, at Complete Farmer's sole discretion, change some or all of our Services 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 , even if, quoted United States Dollars (USD) can be paid in the Ghana Cedi (GHS) equivalent, if the Buyer and Seller are both in Ghana. Complete Farmer uses third party service providers to process all payment of fees and services rendered. Once payment of fees have been verified by Complete Farmer, the Seller can 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 Fifty Ghana Cedis (GHS 50.00) or Ten United States Dollars (USD 10.00) in fees at the beginning of the month, they will be required to pay the amount due before any further transactions can take place. Payment for the amount due must be made in full within forty-five (45) days of the date on the invoice or the account will be suspended. Fees for all our services will be described upon determination.


Binding Sale


All sales are binding. If you, as a Seller, receive a Purchase 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 Complete Farmer shall not be refundable.


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. 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. Upon termination, your right to use the Service will immediately cease. 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 these Terms, 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. 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 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.. 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, legal counsel, and court costs). If you have a question or wish to dispute a charge, contact Complete Farmer at info@completefarmer.com for 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 intellectual property shall 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 these Terms and Conditions or other policy documents and community guidelines that these Terms incorporate 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.



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, during and after the registration ends.


Limitation of Liability


You agree that Complete Farmer shall not be liable for any damages suffered as a result of your using the Service, copying, distributing, or downloading content from the Service. In no event shall Complete Farmer 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. If Complete Farmer does not enforce a right or provision of these Terms it 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.


Contact Us


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