TERMS AND CONDITIONS

INTRODUCTION

Welcome to the Smartfarmingug.com website (the “Site”). These terms and conditions apply to the Site, and all of its divisions, subsidiaries and surbonate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by FARMKART LTD. Physical address;

UWEAL House- 2nd floor, UMA Showgrounds – Lugogo

INITIATION DETAILS

Because it is operated by FARMKART LTD which is registered company with registration number 80020001788164

Smartfarmingug.com is a site which is open to farmers and individuals who don’t practice farming, and individuals  to;

• Access all modern farming information they need at any time from wherever they are
• Link them to potential buyers of their produce thereby eliminating exploitation from middlemen
• Access all the quality and modern planting materials and varieties of seedlings they need at any time from wherever they are
• Access training in growing different crops and keeping different animals in a modern/smart way through the site interaction
• Access all the agricultural products from wherever you are in case you are a consumer, or a company dealing in agricultural products
• By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
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GUIDELINES ON USING THE SITE

We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, unless permitted by us with a written document in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this without notice to you. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are the ones we have in stock fixed by us. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

HOW TO ACCESS THE SITE?

Our aim is to ensure accessibility to the website at all farmers and non practicing farmers, however, we reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

SITE DUPLICATION

Smartfarmingug.com and the community (farmers, individuals and companies dealing in agricultural products) work together to ensuring our sites and services work properly and that the community safe. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

PRICE DETERMINATION, TRANSPORTATION AND ORDER ACCEPTANCE

Please note that there are cases when an order cannot be processed for various reasons. The site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users. We are solely responsible in price determination for both agricultural inputs to farmers and the agricultural products to consumers depending on the available market prices. Processing of the orders shall always be made soon the site users pay through mobile number, Smart farmer’s card or via credit card. Note that the prices on the site exclude transport, loading and offloading of the goods and services. Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be sent to the delivery address you stated when placing the order. Any commercial communication you might receive from us will be provided at no cost. If you wish to cancel your subscription to our mailing list, please contact us. The cancellation will be provided at no cost.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Uganda copyright laws and international conventions. All rights are reserved.

LEGAL DISPUTES

If a dispute arises between our user(s) and Smart Farming Uganda, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Smart Farming Uganda agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.

LIMITATION OF LIABILITY

The buyer and seller both agree that Smartfarmingug.com would be held free from any liability in contract, pre-contract or other representations, in tort, including, without limitation, negligence, or otherwise out of or in connection with the terms and conditions for any economic losses, such as, but not limited to profits, anticipated savings, revenues, contracts or general business; loss of goodwill or reputation; and any special or indirect losses suffered or incurred by any of the parties arising out of or in connection with the provisions of any matter under these terms and conditions. The buyer and the seller accept that the Smartfarmingug.com will not be responsible or liable for any loss of content or materials uploaded or transmitted through the website and accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. The buyer and the seller accept that the Smartfarmingug.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. In addition, the Site and the services are provided “as is, where is” and as and when available, and to the extent permissible by law all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation, any terms as to skill and care or timeliness of performance, are excluded.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Uganda  and the East African community. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Uganda and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Uganda in English and governed by Ugandan law pursuant to the Arbitration and Conciliation Act of Uganda 2008, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Uganda and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

INDEMNITY

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

NOTICES

We shall send notices to you by email to the email address you provide to Smart Farming during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to you by registered mail shall be deemed to have been received by that party three days after the date of mailing. Any information request shall be made in writing to Smart Farming we shall respond within 5 working days

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of FARMKART LTD in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

SEVERABILITY

If any portion of these Terms and Conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.