Welcome to AgroDomain and its pages and services contained within the Internet domain(s) (“Website”). AgroDomain is an online marketplace where registered sellers can market/advertise agro and registered buyers can offer to buy agro, respective parties can contact one another via the Website, and the parties can negotiate a private deal using the Website and AgroDomain’s email, text message, notification system.
YOUR ACCEPTANCE OF THESE TERMS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING, AND, OR POSTING ON THE WEBSITE. BY CHECKING “AGREE”, YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THIS AGREEMENT AND ALL OTHER AGREEMENTS INCLUDED BY REFERENCE IN ANY OF THE FOREGOING.
This agreement, together with all software licenses, updates, additional terms, and all AgroDomain’s rules and policies referred to in this agreement collectively constitute the Agreement between you, the user, and AgroDomain. You must accept and abide by these terms as presented to you; additions, deletions, or changes are not acceptable and AgroDomain may refuse access to the Website for non-compliance with any part of this agreement.
AgroDomain reserves the right to alter these terms and conditions without publishing revised terms on the website. When you transact through the Website, you will be bound by the version of the terms and conditions current at the date of that transaction. Non-compliance with any part of this agreement will authorize AgroDomain to possibly refuse access to AgroDomain.
CONTRACTS BETWEEN BUYERS AND SELLERS
The Website is simply a platform for introducing or connecting sellers and buyers of agro and for the exchange of contact information for the use of private negotiations outside of the Website’s responsibility. AgroDomain is not a clearing-house or a party to any contract for the sale and purchase of agro negotiated via the Website. The Company nor the Website is not, nor should ever be considered or categorized as, a agro broker, agent, or trader for either party.
Terms of sale (commodity, grade, quantity, price per quantity, delivery time frame, delivery terms, payment terms, and/or any pertinent information) must be identified by the users as part of their Listing. Subject to any terms which change by the AgroDomain email, text message, notification system or Website negotiation, these terms are the Listing itself and form the theoretical connection between sellers and buyers who agree to a deal via the Website.
We recommend that users seek legal advice about which contract best suits their purposes of trading agro. We do not warrant that any outsider contracts are complete, reliable, accurate,ropriate for your individual circumstances. You agree that you enter into any connection negotiated via the Website relying entirely upon your own independent assessment of all relevant matters and do not rely upon any warranty, statement, or representation made or given by us or on our behalf. We encourage you to seek independent legal advice particular to your circumstances before agreeing to be bound by any contract.
EXCLUSION OF WARRANTIES
All information accessed at or via the Website is provided ‘as is’ without any expressed or implied warranty by the Company. The content of Listings relies on data received from registered agro sellers and registered agro buyers by us in good faith on the basis of warranties made by them however we are unable to verify the accuracy of this information.
We cannot and do not warrant or represent that:
1. users are over 18 and otherwise have the capacity to enter into contractual relations’;
2. users have the capacity to perform their obligations under a contract between buyer and seller negotiated via the Website; and/or
3. any statement made by or attributed to a user of this Website is accurate or not misleading including (without limitation) the quantity, quality, or type of agro listed. You may refer any accuracies or concerns to contact@AgroDomain.com, which we will deal with at our discretion with respect to both parties involved.
You agree that negotiations, deals, and all other contact between you and other users of the Website are conducted entirely at your own risk.
It is your responsibility to verify any information on the Website before relying on it. You agree that any purchases, sales, exchange of monies and/or of agros, or any other deals will be made solely in reliance on your own inquiries and inspections and that we have not made any warranties about the truth and/or accuracy of Listings or other advertisements, the suitability, quality, and/or existence of listed items, and/or the ability of users to actually enforce or complete a transaction. We do not warrant that sellers are the legal owners of agro listed.
You acknowledge that we are not liable for any direct, indirect, and/or consequential loss of damage (including legal fees and other expenses incurred) arising from or in any way connected with your use of the Website, the purchase, sale, acceptance, or other agreement between users of the Website, and/or any inaccuracy or incompleteness of information contained on the Website or any related printed material.
USE OF OUR WEBSITE
While care has been taken when compiling the Website, it uses information from a range of sources, including third parties who place advertisements (e.g. banners) or allow us to publish information (e.g. live news feeds). We cannot and do not screen all material on the Website before it is posted.
We cannot and do not warrant or represent that:
1. the Website (including where advertisements are displayed), or any servers that store and transmit data to the user is secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content and/or components, interference (including malfunction of software or equipment, Internet access difficulties, and/or delay or failure of transmission) or duplicate data; or
2. your or other’s access to the Website will be uninterrupted, provided without delay or in a timely fashion.
The availability of content on the Website is subject to the limitations of the Internet including re-buffering, loss of connection, and/or dropouts. High speed Internet and/or third (3rd), fourth (4th), or better generation of cellular wireless (i.e. 3G, 4G or better mobile technology) access is strongly recommended. You acknowledge and agree that such hardware, software, and Internet and mobile cellular wireless compatibility requirements, which may change from time to time, are your sole responsibility.
REGISTERING AS A SELLER OR BUYER
To market agro as a Listing by a seller and/or to make offers to buy agro as a buyer on the Website, you must supply your name and email address to obtain a username and password. Only registered users will be permitted to post a Listing and/or Counteroffers, and make connections on the Website. Registering and using the Website includes agreeing to enter into agreements and/or to make purchases of services electronically. Further, you agree that by registering and using of the Website requires compatible hardware, Internet access (from a computer and/or mobile cellular device), and certain software, some of which may require obtaining upgrades or updates from time to time. All fees and costs related to a user’s personal hardware, Internet access and software, including all upgrades and updates, shall be your sole financial responsibility. Moreover, we currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text message and data fees, will still apply.
Each user who registers or uploads material warrants that they are over 18 years of age and have provided us with complete, accurate, and current personal information. You must update your personal information if it changes. You consent to us contacting you from time to time to ensure your personal information is current.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account and/or password. You warrant that AgroDomain is not responsible for any losses arising out of the unauthorized use of your account which is not due to the negligence of AgroDomain.
You may upload information to the Website, or instruct us to upload, adjust, or edit information (including any Listing, Acceptance, Counteroffer, and/or Rejection) on your behalf. We will not be liable for any consequences of any errors, omissions, or failures to comply with your instructions or for any delays in following your instructions.
You warrant that you own or have the authority to supply all text, trademarks, pictures, documents, artworks, and other material given or uploaded to the Website. You grant us a non-exclusive perpetual, worldwide, royalty-free license to copy, display, and/or modify that material by any means (including in both electronic and printed form).
If you upload data onto the Website, you indemnify us and will keep us indemnified against all claims, costs, expenses, damages, liability or loss arising from any claims made against us arising out of the inaccuracy or misleading content.
We reserve the unequivocal right to decide whether, where, and how Listings, your information, and/or any photos or documents you upload on the Website are displayed on the Website. Any and all press releases or other public announcements related to your advertisement and/or Listing on the Website, including their method and timing, must first be approved in advance by us in writing (electronically or paper). You may not claim any association with AgroDomain without our explicit written permission.
WARRANTIES ABOUT CONTENT AND SALE OF GRAIN
If you upload any content to the Website or otherwise submit material to be published by us, you warrant that:
1. if you are a seller, you have the full right to sell the agro specified in your Listing on the terms of sale specified in that Listing and those negotiated over the Website and/or using AgroDomain’s email, text message, notification system;
2. all Listings (and goods and services listed) conform to current laws and regulations Nigeria.
3. all Listings are free and clear of all impediments;
4. unless otherwise stated, all quantities in a Listing and/or Counteroffer shall be expressed as the units indicated to the nearest whole number of the unit;
5. unless otherwise stated, all prices in a Listing and/or Counteroffer shall be expressed in Nigerian Naira.
6. you have the lawful right to distribute and reproduce that content and that it does not infringe on any trade secret, patent, trademark, copyright, and/or other proprietary or intellectual right of any party whatsoever;
7. it is true and correct;
8. it is not misleading or deceptive;
9. it is not libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, unlawful, abusive, inflammatory, or otherwise offensive; and/or
10. can be lawfully published on the Website, or otherwise by us.
You indemnify us and will keep us indemnified against all claims, costs, expenses, damages, liability, and/or loss arising from a breach of any warranty made by you in these terms.
Without partiality to other terms, to protect the integrity of the Website, we reserve the right (but are not required) to verify the accuracy of any information uploaded by you, including the availability of any goods or services offered for sale or accuracy or uploaded material. You agree that we can contact you and you will provide us with accurate information or clarification of matters related to material uploaded by you.
If any content uploaded is inaccurate and/or untrue, the user responsible for the inaccurate or untrue content must immediately attempt to delete or edit the content and/or contact AgroDomain in any way or form to assist in the remedy of the error. The user acknowledges and agrees that AgroDomain shall not be liable to the user for any loss that the user may suffer as a result of the incorrect content. Further, in the case of the AgroDomain Marketplace, the user acknowledges and accepts that, should a counterparty accept the Listing or Counteroffer ‘as is’ and the user accepts as well before realizing the error, the user shall be bound to complete the transaction on the terms so accepted.
Before any seller puts a Listing on the Website, they must ensure that they have any and/or all necessary licenses, consents,rovals to sell the items listed.
FEES, PAYMENT, AND SECURITY
We charge sellers and buyers a AgroDomain Marketplace Connection Fee for a deal connected through the Website for providing the seller and buyer with each other’s contact details once they have negotiated a private deal via the Website and AgroDomain’s email, text message, notification system. AgroDomain reserves the right to alter these Connection Fees without publishing revised terms on the Website. When you transact through the Website, you will be bound by the Connection Fees current at the date of that transaction. Non-compliance with any part of this agreement will authorize AgroDomain to possibly refuse access to AgroDomain.
Agro buyers and sellers on the AgroDomain Marketplace are only required to pay a flat connection fee once they’ve negotiated and are happy with the terms of the trade for their deal.
Once a private deal has been negotiated on the AgroDomain Marketplace and both the seller and buyer have agreed to Acceptance of the terms and conditions of the Website and terms of the Listing, our Marketplace Connection Fees become due by both parties. Only once both parties have paid their respective Marketplace Connection Fee or Connect Now connection fee and the payment has been processed, AgroDomain will send the contact details of the buyer and the seller to their respective counterparty (or just one of the counterparty’s contact info to the other user if the latter selects and the corresponding Connect Now connection fee. Hereafter, AgroDomain’s complete and total service, liability, and obligation to both parties has been completed.
You must not abuse the use of the Website, or their respective facilities, systems, resources, accounts, services, networks, or affiliated or linked websites for a purpose other than which the Website’s service is provided or use the Website to engage in any activity that We (in our absolute discretion) think is inappropriate, offensive, or defamatory.
Without limiting this, you agree not to (and not attempt to):
1. include your name, company name, telephone number, and/or any other contact details in a Listing or Counteroffer;
2. facilitate or participate in any illegal activity via the Website;
3. upload or otherwise transmit any computer worms, viruses, or other disruptive or destructive files or malicious or harmful code through or on the Website, or AgroDomain email, text message, notification system;
4. damage, modify, interfere with, disrupt and/or destroy any files data, passwords, devices, software, and/or resources that belong to you;
5. do anything that compromises the security or stability of the Website;
6. disrupt or interfere with any other user’s enjoyment and fulfillment of the Website, and/or affiliated or linked websites;
7. use or attempt to use another user’s account, service, or system without authorization from that user or AgroDomain;
8. mirror, in any way or in any form, the Website, data, or content from the Website, or results pages on any other website or medium;
9. data mine or send automated queries of any kind to the Website without Our prior written permission;
10. harvest and/or otherwise collect information about other users (including, but limited to, email addresses and phone numbers) without their consent except in the ordinary course of using the Website’s services;
11. transmit through or on the Website spam, chain letters, junk mail, and/or any other type of flooding techniques or mass distribution of unsolicited email to people or entities who have not agreed to be part of such mailings.
12. create or use a false identity account or one that is not yours on the Website; and/or
13. obtain unauthorized access to the Website or parts of the Website that are restricted from general access;
Violations, damage, abuse, and our disruption of any and all AgroDomain system, network, or service security may result in civil or criminal liability.
REFUSAL OF USE
Using of the Website is a privilege. We may decline to register you as a user, terminate your registration, and/or restrict your access to the Website (including via any other aliases you use) at any time at our complete discretion without consulting with or informing you that we are doing so. Without limiting this, We consider the following as grounds for refusal of use:
1. if a serious or multiple complaints are received about you; or
LIMITATION OF OUR LIABILITY
You agree not to hold Us responsible for things that you, We, or other users of the Website do. Except as expressly stated in these terms, We and Our employees, agents, and/or contractors exclude all:
1. warranties whether expressed, implied, statutory, and/or otherwise, relating in any way to the Website including information accessed at the Website, other than those warranties implied by law; and
2. liability of you or anyone else in respect of any loss or damage (including special, indirect and/or consequential loss, and/or damage such as loss of revenue, unavailability of systems or loss of corruption of data) arising from, or in connection with, any use of the Website (including the information on, or accessed through the Website), or any place where your or other users’ data is displayed, for any reason whatsoever and regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
Certain rights and remedies may be implied by law and may not be permitted to be excluded, restricted, and/or altered. To the fullest extent permitted by law, We and Our partners’, employees’, agents’, and/or contractors’ liability for any breach of an implied warranty or condition that cannot be excluded is limited to the re-supply of listing space, information, links, and/or associate Website services, or a refund of fees paid by you.
You indemnify Us and agree to keep Us and Our directors, advisors, officers, employees, agents, contractors, and subsidiaries indemnified against any loss or damage, direct, indirect, or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:
1. your use of the Website;
3. the content of your uploaded material and/or the negotiation, enforcement of deals or transfer of agro or money between you and another user.
If a dispute arises between Us in relation to these terms or any other matter related to the Website before beginning legal proceedings (other than in pressing circumstances where an injunction is sought), the distressed party must notify the other in writing (which may include by email or facsimile) and we must both attempt to resolve the dispute promptly and in good faith.
If a dispute arises between you and another user of the Website, that is a matter for you and the involved party to resolve privately. As such, you hereby agree to release AgroDomain and Our directors, officers, advisors, employees, agents, contractors, affiliates, and/or subsidiaries from all claims, demands, and damages (including, without limitation, actual and consequential) of every kind of nature, indirect or direct, unknown or known, unsuspected or suspected, undisclosed or disclosed, arising out of or in any way connected with all such disputes. We may, in our discretion, provide discretionary third parties to the dispute with any help that we believe is rational in the circumstances to help resolve the dispute, however, we cannot take sides, mediate, or bring an action on your behalf.
ALL INFORMATION PROVIDED ON THE WEBSITE IS FOR GERNAL INFORMATION PURPSOES ONLY. THE INFORMATION SHOULD NOT BE INTEREPRETED AS INDIVIDUALIZED ADVICE, INVESTMENT RECOMMENDATION, AND/OR FARMING OR AGRICULTURE CONSULTATION. THE COMPANY DOES NOT OFFER INVESTMENT, FARMING, OR BUSINESS ADVICE. NONE OF THE INFORMATION FOUND ON THE WEBSITE SHOULD BE CONSIDERED A RECOMMENDATION, SPONSORSHIP, ENDORSEMENT OR ANY BUSINESS OF ANY NATURE AND/OR ANY FINANCIAL DERIVATIVE OF ANY NATURE.
THE COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES GUARANTEE THAT ALL MATERIAL AND INFORMATION PRESENTED ON THE WEBSITE TO BE TAKEN FROM SOURCES BELIEVED TO BE RELIABLE AND ALL INFORMATION IS PRESENTED IN GOOD FAITH BUT NO WARRANTY OR REPRESENTATION EXPRESSED OR IMPLIED IS MADE TO THEIR CORRECTNESS, COMPLETENESS, OR
THE USER ACKNOWLEDGES AND AGREES THAT AgroDomain DOES NOT RECOMMEND OR SUGGEST ANY FARMING, FINANCIAL TRADING OR HEDGING, OR PERSONAL ADVICE. NO SYSTEM OR METHODOLOGY HAS BEEN EVER DEVELOPED THAT CAN GUARANTEE PROFITS OR FEEDOM FROM LOSSES IN FARMING AND/OR FINANCIAL TRADING AND/OR HEDGING. ANY DECISION(S) MADE BY THE USER ARE THEIR DECISION(S) ONLY.
We may collect and store personal information about you, when you use the Website, from where you use the Website, and/or otherwise communicate with Us.
We do not agree to withhold any information about you that is already in the public domain or that you upload onto the Website. Such an example would be when a user pays a Connect Now Connection Fee to have the contact information of a potential counterparty released to them.
These terms (together with any and all other policies we publish) represents the entire agreement between you and Us, relating to the subject matter of these terms and supersede all prior understandings or agreements, written or oral, on that subject matter.
You may not assign your rights or obligations under these terms to third parties.
If any part of these terms are unenforceable, the remainder of these terms will not be affected.
A waiver of any of these terms will only be effective if it is in writing and signed by an authorized AgroDomain employee.
No matter where you are located, these terms are governed and fully enforced by the laws of Nigeria, and we each submit to the non-exclusive jurisdiction of those courts of that Province and courts able hear appeals from them.