FARMSQUARE TERMS & CONDITIONS

Welcome to Farmsquare.ng. Farmsquare is a service provided by O’gulp Agriculture.

O’gulp Agriculture and/or its affiliates (“Farmsquare”) provides online features and other products and services to you when you visit or shop at Farmsquare.ng, use Farmsquare products or services, or use other products or services provided by Farmsquare in connection with any of the foregoing (collectively, “Farmsquare services”).

By using Farmsquare Services, you agree to these conditions, please read them carefully.

These “Terms” record the contractual agreement between you (“you”, “your”) and Farmsquare (“Farmsquare”, “we”, “us”, “our”), regarding your use of and access to the website located at https://www.farmsquare.ng or/and any other websites owned or operated by farmsquare or any portions thereof (collectively, the “Website”), our customer service (including refunds) and any resources, features, functionality, or services made available through the Website and/or App (the “Service”). Farmsquare reserves the right at any time and in its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without any notice. You agree that farmsquare shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.

Acceptance

Your access to and use of the Website and/or App signifies that you have read, understand and agree to be bound by these Terms, whether you are or are not a registered user of Farmsquare, and is subject to your compliance with these Terms. Farmsquare reserves the right to change, add, or delete any portions of these Terms from time to time, without liability or any notice to you, and your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website or App to determine if there have been changes to these Terms and to review such changes. If you do not agree to abide by these or any future Terms, please do not access or use (or continue to access or use) the Website or App. In addition, Farmsquare may post additional terms, conditions, rules or requirements related to the Website and/or App and/or the services and features of either. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms and you agree to be bound by and subject to them. At its sole discretion, Farmsquare also may offer other services or features governed by different terms & conditions.

Farmsquare’s Role in Transactions

  • Farmsquare provides a platform for farmers and agro merchants who comply with Farmsquare’s policies to offer and sell their farm produce/products/equipment etc.
  • We help get customers for your farm produce/products/equipment etc. through the internet and take 10% commission on farm produce/products/equipment etc. sold. The 10% covers for our commission as well as the cost of promoting the agricultural product using various promotional methods.
  • Note that all payments are made through an escrow account. That means that you can only receive your money after the buyer sees the agricultural product and is satisfied. Circumventing the buyer protection policy disqualifies you from making further sales via the Farmsquare platform.
  • Farmsquare acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and farmers/agro merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying farmers/agro merchants amounts buyers owe them.

Please feel free to contact Farmsquare support with any questions or concerns.

Users

The Service includes various media sharing and communication tools, personalized and other content, and e-commerce. You understand and agree that the Service may include advertisements and that these advertisements help enable Farmsquare to provide the Service. You also understand and agree that the Service may include certain communications from Farmsquare. By using the Website, App or Service, you will be automatically deemed to have opted in to receive e-mail communication from us and agreed that O’gulp Agriculture (“Farmsquare”), CAC registration number: BN 2616377 registered address: Riga, Marijas iela 9 — 11, LV-1050, and/or any other part or division of Farmsquare, shall be entitled to obtain, process and/or hand over to our partners any of your personal data (incl. sensitive data) and/or any other such information for the purposes of enabling Service or any other cause in connection thereof. When you sign in for the first time, your preferences will be set to automatically allowing interactions from our partners and from farmers and agro merchants that you are buying agricultural products from. However, you will be able to edit these preferences at any time under “Settings”.

Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You may have multiple accounts on Farmsquare, but Farmsquare strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. Farmsquare will not honour rewards from such accounts.

Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to these Terms.

Each user warrants and agrees that any information you post or display shall:

  • be true, accurate, complete and lawful;
  • not be false, misleading or deceptive;
  • not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  • not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • not violate any of Farmsquare’s policies or any other terms.

Each user warrants and agrees that you shall/are:

  • carry on your activities on the website in compliance with any applicable laws and regulations;
  • carry on your activities in accordance with the terms and any applicable additional agreements;
  • not use the Service to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
  • not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  • not engage in spamming or phishing;
  • not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
  • not involve attempts to copy, reproduce, exploit or expropriate the Service various proprietary directories, databases and listings;
  • not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  • not involve any scheme to undermine the integrity of the data, systems or networks used by farmsqurae and/or the Service or gain unauthorized access to such data, systems or networks;
  • not engage in any activities that would otherwise create any liability for Farmsquare or our affiliates.

Age Verification

By registering as a user, you certify that you are 13 years of age or older. Children under the age of 13 may not become a Farmsquare user, and parents or legal guardians may not agree to these Terms on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally-identifiable information or for the use of the Service, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of Nigeria.

User Communication

Farmsquare has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Farmsquare’s sole discretion. By using the Website, or the Service or communicating with Farmsquare or others by means of your access to the website, you consent to receive communications from Farmsquare, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.

Privacy

By using the website or becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy.

Ownership

The website, and the content and all intellectual property rights included in or associated with the website, including, but not limited to patents, copyrights, trademarks, service marks, logos, (the “Content”) are either owned by O’gulp Agriculture (“Farmsquare”) or owned by others and licensed to us. All rights, title and interest in and to the website and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the website, or in the Content. You agree not to access the Service by any means other than through the interface Farmsquare provides via the website for use in accessing the Service. Your use of the website, App or Service does not grant you any right, license or permission of any kind to reproduce or use Farmsquare’s intellectual property.

The Content is provided for general information only. It is not intended to amount to advice on which you should rely, therefore Farmsquare shall not be deemed liable for any damages or harm (both — economical and non-economical losses) thereof. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.

User Feedback and Content Submissions

Farmsquare welcomes your feedback, but if you send us or post or embed on the website, or via any part of the Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to Farmsquare that you either own the Submission or have the right to grant Farmsquare the license set out below.

You agree that in using all or part of a Submission, Farmsquare shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential or non-public once submitted to Farmsquare, and that Farmsquare alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Farmsquare via the website or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms or which includes Inappropriate content as defined below; (b) automatically grant Farmsquare a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; © subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.

Farmsquare reserves the right to remove content at any time with or without any notice. Inappropriate content is not permitted on the Website or App. Inappropriate content includes, but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Farmsquare’s employee, officer, partner or customer may result in immediate termination of your accounts.

We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

Termination

Farmsquare shall have the right to terminate your use of the website, and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Farmsquare shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Farmsquare terminates your use rights, Farmsquare shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.

Linking and Third Party Content

The website may contain links to third—party websites not under our control or operation. Farmsquare or users may provide any such links only as a convenience; Farmsquare does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The website may contain news, advertisements, content, image and information published by various third—party providers. Use of any such third—party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.

Copyright Infringement

Since we respect artist and content owner rights, it is Farmsquare’s policy to consider notices of alleged infringements.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Farmsquare, please notify Farmsquare. When filing your report, please provide the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on Farmsquare;
  • Information reasonably sufficient to permit Farmsquare to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Sales, Custom and Value-added taxes

In an effort to comply with consumer legislation, we strongly encourage our farmers/agro merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.

Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering via the website or you are importer of farm produce/products/items etc., you must fully comply with all laws and regulations of the destination country.

How to purchase

It is easy to make a purchase from the Farmsquare website.

  1. Choose a farm produce/agro-product/items etc, pick a variant (variety, size, bundle etc.)
  2. “Add to cart”
  3. Сhoose the quantity (the default quantity is 1)
  4. “Buy”
  5. “Next”
  6. Input your personal data and shipping information
  7. Check the data and confirm your order.
  8. Input bank card data: card number, expiration date and CVV code (card data is encrypted and processed only by the billing system of a bank)

The farmer/agro-farmer/agro-merchant will receive your order information 3 hoursafter payment. So if you change your mind within 3 hoursof purchase, you can cancel the order.

Refund terms

You will be entitled to a full refund if:

  • Product quality is significantly worse and different from that in the relevant item description (the item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) on the website and there is no way you can enjoy the product properly.

You should return the product to the farmer/agro-farmer/agro-merchant. Don’t forget to contact our customer support team to clarify the return address before you return the agro-product, otherwise Farmsquare reserves the right to reject your refund request. Only after the support team has received a proof of the return shipment can a refund be considered. We aim to respond to all requests within 43 hoursupon receiving.

The following products cannot be returned the unless received defective:

  • Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • Farm produce made to your specifications or clearly personalized, especially personalized and handmade items;
  • Products which may deteriorate or expire rapidly;
  • Products damaged by negligence and/or by misuse or activities other than the intended purpose are also not returnable.

Farmsquare does not cover the shipment costs of returns.

How to request a refund?

There are several ways to request a refund:

  • If less than 3 hours have passed since you purchased the product, you can cancel the order and get a full refund. Go to My orders, tap the order you want to cancel and tap the “Order cancelation” button on the bottom of the order page.
  • If the quality of the product you’ve received is significantly worse (the item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) than the description on the Farmsquare website. Go to My orders, tap the order you want to refund and tap “Product related issues”

Refund process

  1. Refunded monies are transferred only to the card you’ve used to make your purchase.
  2. We aim to complete the refund process for valid claims within less than 14 days. Our usual processing time is 2-3 days.

Warranty Disclaimer. Neither Farmsquare nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Farmsquare or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY FARMSQUARE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FARMERS, AGRO-MERCHANTS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, (INCLUDING NEGLIGENCE) CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE) SHALL FARMSQUARE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES (EVEN IF FORSEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE, APP AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, AGRO-MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE OR PURCHASE OR USE OF AGRO-PRODUCTS/MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION OR ANY MATTER BEYOND OUR REASONABLE CONTROL.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Farmsquare, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Farmsquare’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law & Jurisdiction

These Terms and your use of the Service will be interpreted in accordance with the laws of Nigeria and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of Nigeria.

Other Terms

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Farmsquare may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

You and Farmsquare agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Farmsquare, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Farmsquare, and you do not have any authority of any kind to bind Farmsquare in any respect whatsoever.

Dispute Resolution

Mandatory, Bilateral Arbitration and Waiver of Class Actions.
Please read this carefully. It affects your rights. YOU AND FARMSQUARE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION.

“Disputes” shall include, but are not limited to, any claims or controversies between you and Farmsquare related in any way to or arising out of in any way from the Service, the Content, any Submission, including but not limited to claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Farmsquare, even if the claim arises after you or Farmsquare has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Farmsquare brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Farmsquare, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Farmsquare; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice

Before initiating an arbitration, you and Farmsquare each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to Farmsquare should be sent to: Marijas str., 9-11, Riga, Nigeria and emailed to support@Farmsquare.com. Farmsquare will provide a Notice of Dispute to you via the email address associated with your Farmsquare User ID. You and Farmsquare agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Farmsquare may commence an arbitration proceeding.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Farmsquare expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FARMSQUARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

Small Claims & Government Actions

As an alternative to arbitration, you or Farmsquare may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Farmsquare on your behalf.

Intellectual Property Rights on Farmsquare

Farmsquare respects other people’s intellectual property. Therefore, Farmsquare prohibits farmers/agro-merchants from listing counterfeit items or items rights to which they neither own nor hold.

If you believe someone is infringing your intellectual property rights, please report it to us. When filing your report, please indicate the following problem:

  • Trademark infringement, counterfeit items (someone is using your trademark)
  • Copyright infringement (someone copied your work)

To process your report, Farmsquare will need certain information. Please ensure to include in your report the following:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright or trademark owner;
  • Identification of the copyrighted work or trademark you claim has been infringed;
  • Identification of the claimed infringing material and its location on Farmsquare (the easiest way to provide this information is to include web addresses (URLs) to the infringing material on Farmsquare);
  • Information reasonably sufficient to allow Farmsquare to contact you, such as your name, address, telephone number, and e-mail address;
  • A statement of complaint made in good faith that the material in question and use thereof have not been authorized by the copyright or trademark owner, its agent, or in accordance with the law; and
  • A statement made under penalty of perjury that the above information is accurate, and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.

Remember that only the copyright and trademark owner or their authorized representative may file a report of infringement. If you believe some items on Farmsquare are infringing the rights of others, you may want to let the rights owner know.