Terms and Conditions
In this agreement, the terms are carefully outlined for You (the Investor/Sponsor) and Agroyields Africa Limited. Terms used in this document refer to You as the Investor/Sponsor and “We” as the organization. The sponsorship is exclusive to a farm wherein the sponsor made a selection through our website: www.agroyields.com. It is therefore important to note the following:
The sponsor/investor should read this document for a proper understanding of the terms and conditions.
It is expected that you know that it is your duty to read and understand the processes involved in using the website, and it is your responsibility to ensure that the information on our website is not misinterpreted or misused without due diligence to further assessment and enquiry.
In using this website, it is believed that you have understood the risk involved in sponsoring a farm cycle with the willingness to wait till the stipulated cycle is completed.
Your signature to these terms is taken as soon as you register as an investor/sponsor on the web platform.
The agreement also holds that on using our internet platform you agree to all our terms of service
Agroyields in summary is an Agric-Tech crowdfunding platform commodity trading company strategically positioned to boost food production through provision and extension of necessary resources to farmers, aggregation of farm produce, logistics, storage, wholesale and resale among others.
Some of the terms used in our website are defined thus:
A farm Cycle: This specifies the period, starting from the time you transfer funds to our account till the closure of that farm, with the month duration specified in each farm.
A farm specifies the type of crop on which sponsorship is made
The process shows the steps you need to take to register and invest in a farm.
The duration of a farm is the complete period at which the end of such period the sponsor gets its ROI.
LEGALITY OF AGROYIELDS.
Agroyields Africa Limited is registered in Nigeria, FCT Abuja with the registration number RC 1571343.
ACCEPTANCE OF TERMS
As contained in these terms and conditions, our service is offered based on acceptance of all the enshrined regulations specified herewith. The service is also subject to the policies, processes and procedures displayed on the company website. The terms apply to every users of the service, the organization may deem it fit to add some policies, terms and conditions. By using this service you are also subject to those additional terms and conditions.
Agroyields reserves the right to reproduce, rephrase and restructure the terms and conditions from time to time and posting such update on the web platform. The onus lies on you to read and check such updates periodically. Your continued use of the offered services on our website will be considered as an acknowledgement to the changes made.
Agroyields reserves the right to change, suspend or terminate the service should the sponsor fail to comply with our terms and conditions written herewith. The company also has the right to place restrictions on your access into parts of or the entire website without notice or liability.
It is compulsory that upon creating our account with us, you provide us with accurate, complete and legal information. Should we notice that a false information is given, this is considered as a breach of the Terms and Conditions and may result in termination of your account or dealing with us.
Safeguarding your account password is solely your responsibility and request through your account is recognized as that of the account owner.
Therefore, you are in agreement by using our platform not to reveal your password to any third party. You are saddled with the responsibility to notify us immediately should you think there is a breach on your account.
You are not authorized to use as a username the name of another person or entity or a trademark or a name that is believed to be offensive, vulgar or obscene.
The sponsor will receive updates periodically on the status of the farm they had invested in through email. You are expected to review all notifications, updates and reports occasionally from Agroyields during a farm cycle.
It is important to note that at the beginning of a farm cycle, you will be expected to pay costs related to the farming processes, seedling/livestock, fertilizers, maintenance costs, and the cost of supervision and administration. All costs are included in your sponsorship contribution
You hereby agree that until the farm cycle is over, you will not get a refund for your sponsorship until the farm cycle duration is completed.
When the farm cycle ends, the profits made will be shared with the sponsor based on the ROI percentage marketed during the opening and closing of the farm.
You agree that you don’t own the farm cultivated and your proceeds are only on the particular farm you sponsored.
INVESTOR / SPONSOR 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 21 years.
you are of sound mind and have the capacity to enter into these Terms & Conditions and be matched to a farm
all personal information that you provide about yourself is accurate and true to the best of your knowledge;
you hold a bank account in Nigeria in your own name and will use this account to transfer money to our account when you subscribe to a farm and receive refunds of contributions made and profits earned;
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 breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
5. ACCESSIBILITY TO USING OUR WEBSITE
The web platform is subject to our Terms and Conditions at all times.
Access to the website is through your username and password which you should use to login into your account at anytime you use the web platform, and you agree to keep your login credentials safe.
You agree that the usage of our website will be for the purpose of the service covered herewith.
You agree that we may store your IP address and may assess your use of the website.
The service and its original content, processes, features and operation are and will be known as the exclusive property of Agroyields Africa Limited. The service is protected by copyright, trademark and our trademark may not be used for other purposes or service without the prior consent of Agroyields Africa Limited.
User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Should you provide feedback to the Company, feedback being one of our core on services, we shall upon assessment respond with the needed legal information such feedback may demand, hence 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 agree and understand that Feedback into any of the company products or services does not grant you any proprietary rights therein.
LINKS TO OTHER WEBSITES
Our service web platform may contain links to third-party websites or services that are not owned or controlled by Agroyields Africa Limited.
Agroyields Africa Limited does not have a control over, and will take no responsibility for the content, privacy policies or practices of any third-party websites or services. You herewith agree that Agroyields shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in 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.
You are advised to read the terms and conditions and privacy policies of any third-party web sites or services that you use.
Upon discovery that the web platform is being used to launder money or unauthorized funds are being transacted on our platform, we will not hesitate to report such suspicious act to the appropriate authorities.
You agree that 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 & Conditions.
When terminated, your authorization to use the Service will immediately be ceased. To stop using the account, you may simply discontinue using the Service.
Farm produce are insured. In a case where Agroyields demand a claim under the insurance policy, Agroyields, upon being settled by the insurance company shall give the benefits of such claims to sponsor in the proportion of their sponsorship in a particular farm.
Subject to the Terms of 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.
You agree to indemnify and hold harmless the Company, any farmer, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
your fraudulent or illegal use of the Platform, the Services or the Website;
your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are matched;
any inaccurate or incomplete information that you have knowingly provided to us;
your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website;
any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform
LIMITATION OF LIABILITY
At no time shall Agroyields workforce and its stakeholders be liable for any indirect, incidental, 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.
Your use of the Service is at your sole risk. 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.
Agroyields, 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.
These terms are subject to the law of the Federal Republic of Nigeria
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 & 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.
. FOREIGN TRANSACTIONS
In the context where a sponsor fund in a foreign currency other than Naira, foreign exchange gain or loss and fluctuations in currency rates may have an impact on the profit margin of such a contributor.
All profits on sponsorship shall be converted and paid in Naira based on the Central Bank of Nigeria current exchange rate. It is the sole risk of the sponsor should he transact in foreign currency.
Fluctuations on foreign currency will affect the sponsor’s profit
You agree that you understand the risk of loss associated and you are will to bear the deficits which may arise as a result of transacting in foreign currency.
Document last updated June 23, 2019.
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