TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use applies to and regulates the provision of agricultural advisory and business services as stipulated in the website, mobile applications and other products. Kindly ensure to read these Terms and Conditions of Use in full before making use of this website. DO NOT use this website or any product offered by our company if you do not accept these Terms and Conditions of Use. Your continued use of the website confirms that you have fully read and accepted the Terms and Conditions of use as set out below.
Last updated: 26 November 2020
- These Terms and Conditions of Use (these “Terms”) represent an agreement between you and Lenkael Resources Limited(“Agrocare”) and contain the terms and conditions regulating your usage of and access to the website at https://agrocare.com.ng/ and all affiliated websites owned and operated by AgroCare(collectively referred to as the “Website”) and our products, services, and applications (together with the Website, referred to as the “Services”). “User”, You” and “your” mean the person who uses or accesses the Services. “We” “us” and “our” mean AgroCare and its successors, affiliates, and assignees. As used in these Terms, “AgroCare Account” refers to the account you have with us for the Services.
- By your usage and access of the website, you represent that you have read and understand these Terms and you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, please DO NOT use or access the Services.
- DESCRIPTION OF SERVICES
2.1 Services available on the website include, but is not limited to, agricultural advisory and business services, vis-à-vis strategy development, market system research (feasibility and business plan), market entry guidance, farming practice advisory services, agricultural marketing and other like services.
- INTELLECTUAL PROPERTY RIGHTS
3.2 For the avoidance of doubt, AgroCare does not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as explicitly and expressly set out in these Terms.
- PROHIBITED USE
4.1. Your usage and access of the website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
4.1. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
4.3. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the website may be available to you or other authorized users of the website. You shall not interfere with anyone else’s use and enjoyment of the website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
4.4. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- USER OBLIGATIONS
5.1.1 You must be 18 years old or older to access/use the website or mobile applications.
5.1.3 You must be a Nigerian citizen (or a legal Nigerian resident)
5.1.3 You must provide all information requested by us, such as your name, email address, home address, mobile device number, and such other information ( “User Information”) as we may request from time to time.
- In the event that you create an account on our website and/or mobile application, you are responsible for ensuring the safety of your password and other AgroCare Account information. You agree not to disclose your password to any third party. In the event that your password is lost or stolen or if you suspect any unauthorized use of your AgroCare Account, you will notify AgroCare immediately. You agree that you shall be solely responsible for any activities or actions under your AgroCare Account, whether or not you have authorized such activities or actions.
- You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your AgroCare Account on the Website.
- You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable laws. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We shall not be responsible if you use the Services in any manner that violates any applicable laws. We absolutely reserve the right to immediately terminate your account if found to violate any laws.
- THIRD PARTY WEBSITES AND INFORMATION
Third party websites linked to our website and mobile applications and the information contained on them are not under our control. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
- WARRANTY DISCLAIMER
- ALL MATERIALS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE WEBSITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
- Through your use of the website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- You understand and agree that temporary interruptions of the services available through the website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
- You understand and agree that the services available on the website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE WEBSITE.
- FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
- Agrocare may add to or amend these Terms at any time, at our sole discretion, without providing notice to you. We reserve the right, subject to applicable law, to deliver to you any notice of changes to these Terms or the addition of new terms by posting an updated version of these Terms on the Website or delivering notice thereof to you electronically.
- You are free to decide whether or not to accept a revised version of these Terms. However, the continued usage of the website upon the agreement post revision constitutes acceptance of these Terms, as revised. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services
11.1 Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- GOVERNING LAW
These Terms and provision of the Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
- DISPUTE RESOLUTION
Any dispute relating to or arising out of these Terms and/or the use of the Services shall be resolved amicably by mutual consultation. Where we and you are unable to resolve any dispute amicably within 21 (twenty-one) days of the commencement of such mutual consultation, the dispute shall be submitted to and determined by any court of competent jurisdiction in Nigeria.