FarmYields Terms of Use for Buyers

1. Introduction

1. Welcome to the FarmYields Platform (“Platform”)! The following Terms of Use are between You as the Buyer and FarmYields Inc. (hereinafter referred as “We”, “Us”, or “FarmYields”). 

1. These Terms of Use should be read in conjunction with the Platform Service Agreement (“Agreement”) You executed separately, and with the FarmYields’ Privacy Policy. 

1.3 FarmYields provides a holistic solution that enables food security through digital transformation, education and community building.  It offers an online platform for localizing healthy food by providing easy access to a diverse selection of naturally-grown, quality produce from local farmers, at stable prices; better and more transparent market access to increase income of smallholder farmers, whilst supporting them in adopting regenerative production practices; and, wider customer base for optimizing vehicle use and providing additional income whilst transporting food.

2. Acceptance

2.1 Upon download of the FarmYields application, You signify your acceptance of these Terms of Use, including any subsequent changes that We may make in accordance with relevant laws, ethical standards, software updates, changes in business practice and any fee, procedure and policy governing the Platform and Services at any time. Such changes shall take effect immediately after publication on the Platform, or other form of notice to you. You shall be responsible for reviewing such notices, and Your continued use of the Platform and/or the Services subsequent to such changes constitute acceptance of such changes. If You do not agree to any such changes, You shall immediately stop using the Platform and/or Services and contact FarmYields for the purpose of deactivating Your Account. 

2.2 FarmYields shall verify the Registration Documents and information that You provide, and any personal data disclosed shall be governed by Our Privacy Policy.

3. Registration

3.1 To activate Your account on the Platform (“Account”), You must comply with the requirements to create a user profile by providing Us with a valid email address, Your full name and business address, submission of the prescribed Registration Documents, and obtaining Our acceptance of said documents.

3.2 To register, You must submit to Us the following information and documents (collectively, the “Registration Documents”), as may be applicable to You. For purposes hereof, “Authorized Person” means the natural person duly authorized by You as Buyer to transact on the Platform. 

3.3 You agree that compliance with the requirements under Section 3.1 of these Terms does not prevent Us from verifying Your continuing eligibility after registration, and to disqualify You from the Platform in the event You no longer meet the qualifications of a micro, small and medium enterprise or MSME. 

3.4 You shall be responsible for the security and confidentiality of Your password, login credentials and other data used in connection with the Account. 

4. Purpose of Use of Services and Restrictions

4.1. To achieve Our goals of enabling food security through digital transformation, education and community building, the Platform contains the following features:

1. search feature to find available crops and produce; 
2. posting feature where Growers can post available crops and produce, and Logistics Providers can offer their vehicles for transport; 
3. crop request feature where Buyers can contract interested farmers to produce specific crops;
4. convenient payment channels to support the food trading transactions between the Grower, Buyer and Logistics Provider; and,
5. a landed price mechanism that provides stable prices for Buyers.

4.2. To encourage, foster and build meaningful connections and communities on the Platform, You are strictly prohibited from commencing, engaging, promoting or assisting any act or a combination of the followings acts through the use of the Platform:

(a) to commit any crime or offense punishable by law against any person using the Platform;

(b) to induce, entice, promote, engage in lewd, lascivious conduct, or any other form of sexual harassment;

(c) to defame, slander or commit libel against any person using the Platform;

(d) to use the personal data that is accessible through the Platform for any unlawful activity;

(e) to harass or stalk any person using the Platform;

(f) to solicit donations or funding for any cause;

(g) to create an unsafe or harmful environment to any person using the Platform;

(h) to advertise, offer to buy, exchange, barter, sell or deliver any contraband or illegal products;

(i) to send spam or junk mail;

(j) to transmit any kind of virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(k) to incite hatred or discrimination towards a Grower, Buyer or Logistics Provider based on race, gender, sex, age, ethnicity, profession, physical appearance, religion, political beliefs, disability and other similar factors;

(l) to impersonate or pretend to be another person;

(m) to commit or attempt to commit copyright infringement against FarmYields;

(n) to intentionally expose FarmYields, its stockholders, directors, officers and employees to undue risk or otherwise engage in activities that FarmYields determines to be harmful to it and its reputation or goodwill;

(o) use or allow other persons to use the Platform and the Services in an unlawful, inaccurate, misleading, false or fraudulent manner; and

(p) other similar acts or combination thereof against any person using the Platform.

4.3. In conjunction with the abovementioned Platform Services, We shall perform Support Services including but not limited to facilitating any inquiries, concerns and issues regarding the use of the Platform; facilitating any cancellation requests, forfeitures, product returns and refunds; and coordinating with the Logistics Provider for the delivery of the Products.

4.4 We will also provide for General Services which pertain to any other functions not covered by Platform and Support Services, such as assisting in the registration process, providing information on crops and produce listed on the Platform, and other similar functions pursuant to Our goals. 

4.5 As a Buyer, You may only use the Platform to search and lodge a Regular Order for crops or produce that are available in the inventory of a Grower or listed as Flash Sales, and use any of the available payment methods to pay the Landed Price. In case Your preferred crop or produce is not available or listed in the Platform, You may lodge a Crop Request open to all Growers. 

5. Price and Payment

5.1 Whether for Regular Orders or Crop Requests, the price of all produce listed in the Platform will show their Landed Prices, which are inclusive of the Logistics and Processing fees. 

5.2 For a Crop Request, the price of the crop or produce or the Crop Request Price, will be determined by the mutual consent between You and the Grower.

5.3 For and in consideration of the Platform Services, You accept and agree that FarmYields is entitled to a Processing Fee computed at calculation to be provided by Us (“Processing Fee”).

5.4 Upon determining the quantity of the crop or produce selected for a Regular Order, You shall proceed to the Check-out Page and We will issue the corresponding Sales Invoice reflecting the total amount due. You must pay using any of the available payment methods in the Platform, within a maximum period of three (3) hours, otherwise the Regular Order shall automatically be cancelled. Upon receipt of the full payment of the total amount due, We will issue to You an Official Receipt. 

5.5 Upon determining the quantity of the crop or produce selected for a Crop Request, You and the Grower shall agree on a Crop Request Price which will reflect the total Landed Prices, inclusive of the Logistics Fee and the Processing Fee. You must accept the bid of a Grower within five (5) days from creation of the Crop Request, otherwise Your order will be cancelled. Upon reaching an agreement on the Crop Request Price, You shall proceed to the Check-out Page and We will issue the corresponding Sales Invoice reflecting the Total Amount Due. You must pay a downpayment equivalent to fifty percent (50%) of the Total Amount Due, using any of the available payment methods in the Platform within a maximum period of three (3) hours, otherwise the Crop Request shall be automatically cancelled. After confirmation by the Grower of the final volume produced, We will promptly notify You through email or SMS text of the same, with a reminder to pay the outstanding balance. You must explicitly confirm through email the receipt thereof and the acceptance of the final volume up to twelve (12) noon of the fourth day prior to the scheduled Delivery Date, otherwise Your order will be forfeited. You must immediately pay the remaining unpaid balance using any of the available payment methods in the Platform, but no later than the forty-eight (48) hours after the Delivery Date. Upon full payment of the outstanding balance on the Total Amount Due, We will issue to You an Official Receipt. 

5.6 You have until twelve (12) noon of the scheduled Delivery Date to complete payment on any remaining unpaid balance. Payments made thereafter will be imposed a late penalty of Five Hundred Pesos (Php500.00) or 3% of the Total Amount Due, whichever is higher. Thereafter, for each day of delay, you shall be charged a daily rate of Twenty-Five Pesos (PhP 25.00) until full payment of the outstanding balance and late penalty charges. Should any outstanding balance continue to remain unpaid after seven (7) days from successful delivery of the produce, and which You confirmed acceptance thereof, the appropriate legal action and collection efforts will be initiated.

6. Cancellation, Forfeitures and Delinquent Status

6.1 For Regular Orders, You must pay within a maximum period of three (3) hours after check-out, otherwise the order shall be automatically cancelled and the crops will be returned to the Platform as available for sale. Similarly for Crop Requests, if the down payment is not made within a maximum period of three (3) hours after check-out, the order shall be automatically cancelled.

6.2 In cases where the originally listed volume is changed by the Grower after payment has been made on a Regular Order, You can opt to cancel a portion or the entire lot and We will refund you accordingly.

6.3 When You receive bids from Growers for your Crop Requests, You have until five (5) days from when order is made to accept a bid, otherwise the Crop Request will be automatically cancelled.

6.4 After receiving the written advice via email or SMS of the final order volume for a Crop Request, You must explicitly confirm through email the acceptance of the final volume for delivery up to twelve (12) noon of the fourth day prior to the scheduled Delivery Date, otherwise the order will be forfeited.

6.5 In case of forfeiture, the Buyer shall suffer the following consequences: 

1. the entire lot of the confirmed volume of the Crop Request shall not be delivered to You;
2. the fifty percent (50%) down payment previously made shall not be refunded.

6.6 You shall be considered delinquent by the Platform, and your Account will be automatically suspended, when You fail to pay any outstanding balance of the total amount due on or before twelve (12) noon of the scheduled date of delivery. Upon Your failure to pay within a maximum period of seven (7) days after the Delivery Date, You shall suffer a late penalty charge equivalent to Five Hundred Pesos (PhP 500.00) or three percent (3%) of the total amount of the order, whichever is higher. Thereafter, for each day of delay, You shall be charged a daily rate of Twenty-Five Pesos (PhP 25.00) until full payment of the outstanding balance and the late penalty charges. We will terminate Your access to the Platform upon failure to pay the remaining balance after thirty (30) days from Delivery Date without prejudice to the availment of any other right or remedy available to the Grower and the Logistics Provider, including but not limited to, filing an action in court or the use of a third-party collection agency to collect all unpaid amounts due.  

7. Obligations

7.1 You shall ensure that all information provided in the Platform is accurate, current, complete and not misleading. 

7.2 You cannot refuse acceptance of delivered produce for being “ugly”, as long as they meet the minimum “quality standards” (to be clean, packaged well and be edible). 

7.3 For Crop Requests, You cannot refuse acceptance of the delivered produce regardless of the produced volume as confirmed by the Grower, except for specific allowable conditions subject to Our assessment. Should the confirmed volume fall below fifty percent (50%) of the original requested quantity, We shall refund you the difference between your original down payment and the total amount due on the final confirmed order volume.

7.4 On the day of delivery, You shall ensure that You or your authorized representative will be available to accept delivery. And, You must provide to the partner-rider of the Logistics Provider the full name of the actual person who received the produce.

7.5 FarmYields does not guarantee the quality of the produce nor its transport as provided by the Grower and Logistics Provider. However, on Our sole discretion and only after careful review of the surrounding circumstances, We may offer “considerate compensation” to the Buyer but only in the form of non-cash consideration.

7.6 We shall issue valid BIR-registered Sales Invoice or Official Receipt to You, as applicable, at order check-out and payment. 

8. Disclaimer

8.1 The Platform provides Services to You on an “as is” and “as available” basis. We hereby disclaim all warranties and representations, either express or implied, with respect to the Services, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security or accuracy.

8.2 No communication, statement or any remarks, whether written or oral, shall be construed as an express or implied warranty or representation to any matter concerning these Terms of Use. 

8.3 We do not make any express or implied warranties that the use of the Platform and its contents shall be used without interruption, secure from any form of hacks, free from any error, protected from all kinds of technology-related disruptions and free from harm or injury caused by fortuitous events.

8.4 You may use the Platform at your own risk. We shall not be responsible for the conduct, behavior, or moral character of any Grower, Buyer or Logistics Provider. You are solely responsible for any interactions between any person using the Platform.

9. Limited Liability

Under no circumstances shall FarmYields, its stockholders, directors, employees, affiliates, third-party service providers or any of its duly authorized representatives, be liable to you or any third party for any claims for damages, including but not limited to loss of data, income, profit, goodwill, business reputation, loss or damage to property, and third-party claims as a result of your access to or use of the Platform, failure or refusal to access or use the Platform, unauthorized access of your Account, violation of any of the these Terms, breach of contract between the Grower and the Buyer or between the Grower and the Logistics Provider or between the Buyer and the Logistics Provider, negligence, tort, criminal liability, infringement of intellectual property rights, product liability or any other analogous circumstances.

10. Indemnification

You or any person who accessed your Account with or without your knowledge or consent, agree to indemnify and hold FarmYields, free and harmless from and against any loss, liability, claim, demand, damages, costs, expenses and attorney’s fees, arising from i) your use and access of the Platform, ii) your violation of these Terms, iii) your violation of any third party right or iv) disclosure of any of your content or information you share using the Platform. 

11. Intellectual Property Rights

11.1 All rights, title and interest in and to all materials that are part of any of the features of the Platform including, but not limited to, designs, text, graphics, pictures, video, trademarks, logos, sounds, artwork, information, artwork, data, database rights, applications, software, music, sound and other files collectively referred to as the “Service Materials,” are, as between the Company and You, owned by the Company.

11.2 You acknowledge and agree that You shall not acquire any ownership rights whatsoever by downloading the Platform.

12. Termination and Suspension

FarmYields reserves the right to suspend, deny access or permanently terminate any or all of Your Accounts for any reason including but not limited to the violation of these Terms, the Agreement, and the Privacy Policy, with or without notice. 

[Published on 28th of May 2022]

FarmYields Terms of Use for Growers

1. Introduction

1. Welcome to the FarmYields Platform (“Platform”)! The following Terms of Use are between You as the Grower and Farm Yields Inc. (hereinafter referred as “We”, “Us”, or “FarmYields”). 

1. These Terms of Use should be read in conjunction with the Platform Service Agreement (“Agreement”) You executed separately, and with the FarmYields’ Privacy Policy. 

1.3 FarmYields provides a holistic solution that enables food security through digital transformation, education and community building.  It offers an online platform for localizing healthy food by providing easy access to a diverse selection of naturally-grown, quality produce from local farmers, at stable prices; better and more transparent market access to increase income of smallholder farmers, whilst supporting them in adopting regenerative production practices; and, wider customer base for optimizing vehicle use and providing additional income whilst transporting food.

2. Acceptance

2.1 Upon download of the FarmYields application, You signify acceptance of these Terms of Use, including any subsequent changes that We may make in accordance with relevant laws, ethical standards, software updates, changes in business practice and any fee, procedure and policy governing the Platform and Services at any time. Such changes shall take effect immediately after publication on the Platform, or other form of notice to you. You shall be responsible for reviewing such notices, and Your continued use of the Platform and/or the Services subsequent to such changes constitute acceptance of such changes. If You do not agree to any such changes, You shall immediately stop using the Platform and/or Services, and contact FarmYields for the purpose of deactivating Your Account. 

2.2 FarmYields shall verify the Registration Documents and information that You provide, and any personal data disclosed shall be governed by Our Privacy Policy.

3. Registration

3.1 To activate your account on the Platform (“Account”), You must comply with the requirements to create a user profile by providing Us with a valid email address, Your personal and business details, submission of the prescribed Registration Documents, and obtaining Our acceptance of said documents.

3.2 To register, You must submit to Us the following information and documents (collectively, the “Registration Documents”), as may be applicable to You. For purposes hereof, “Authorized Person” means the natural person duly authorized by You as  the Grower to transact on the Platform.

3.3 In addition to a review of Your submitted business documents, We shall conduct ocular visits, interviews or other similar activities to assess Your eligibility as a partner supplier in the FarmYields platform.

3.4 You agree that compliance with the requirements under Section 3.1 of these Terms does not prevent Us from verifying Your continuing eligibility after registration, and to disqualify You from the Platform in the event You no longer meet the qualifications of a micro, small and medium enterprise or MSME. 

3.5 You shall be responsible for the security and confidentiality of Your password, login credentials and other data used in connection with the Account. 

4. Purpose of Use of Services and Restrictions

4.1. To achieve Our goals of enabling food security through digital transformation, education and community building, the Platform contains the following features:

1. search feature to find available crops and produce; 
2. posting feature where Growers can post available crops and produce, and Logistics Providers can offer their vehicles for transport; 
3. crop request feature where Buyers can contract interested farmers to produce specific crops;
4. convenient payment channels to support the food trading transactions between the Grower, Buyer and Logistics Provider; and,
5. a landed price mechanism that provides stable prices for Buyers.

4.2. To encourage, foster and build meaningful connections and communities on the Platform, You are strictly prohibited from commencing, engaging, promoting or assisting any act or a combination of the followings acts through the use of the Platform:

(a) to commit any crime or offense punishable by law against any person using the Platform;

(b) to induce, entice, promote, engage in lewd, lascivious conduct, or any other form of sexual harassment;

(c) to defame, slander or commit libel against any person using the Platform;

(d) to use the personal data that is accessible through the Platform for any unlawful activity;

(e) to harass or stalk any person using the Platform;

(f) to solicit donations or funding for any cause;

(g) to create an unsafe or harmful environment to any person using the Platform;

(h) to advertise, offer to buy, exchange, barter, sell or deliver any contraband or illegal products;

(i) to send spam or junk mail;

(j) to transmit any kind of virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(k) to incite hatred or discrimination towards a Grower, Buyer or Logistics Provider based on race, gender, sex, age, ethnicity, profession, physical appearance, religion, political beliefs, disability and other similar factors;

(l) to impersonate or pretend to be another person;

(m) to commit or attempt to commit copyright infringement against FarmYields;

(n) to intentionally expose FarmYields, its stockholders, directors, officers and employees to undue risk or otherwise engage in activities that FarmYields determines to be harmful to it and its reputation or goodwill;

(o) use or allow other persons to use the Platform and the Services in an unlawful, inaccurate, misleading, false or fraudulent manner; and

(p) other similar acts or combination thereof against any person using the Platform.

4.3. In conjunction with the abovementioned Platform Services, We shall perform Support Services including but not limited to facilitating any inquiries, concerns and issues regarding the use of the Platform; facilitating any cancellation requests, forfeitures, product returns and refunds; and coordinating with the Logistics Provider for the delivery of the Products.

4.4 We will also provide for General Services which pertain to any other functions not covered by Platform and Support Services, such as assisting in the registration process, providing information on crops and produce listed on the Platform, and other similar functions pursuant to our goals. 

4.5 As a Grower, You may only use the Platform to sell your available crops, accept Regular Orders or Crop Requests from a Buyer, collect the Net Proceeds of the Landed Price, and prepare the Products for delivery. 

5. Price and Payment

5.1 For a Regular Order, the Farmgate Price of a crop is determined by You, and We may provide advice in determining a fair pricing. 

5.2 For a Crop Request, the price of the crop or the Contract Price (or Crop Request Price) will be determined by mutual consent between You and the Buyer.

5.3 Upon determining the quantity of the crop selected for a Regular Order, the Buyer will make a full payment of the total amount due computed based on Landed Price, using any of the available payment methods in the Platform within a maximum period of three (3) hours, otherwise the Regular Order shall automatically be cancelled. Within forty-eight (48) hours from receipt of payment from the Buyer, We will remit the Net Proceeds due to You, and in exchange You will issue to Us the corresponding Sales Invoice.

5.4 Upon determining the quantity of the crop or produce selected for a Crop Request, You and the Buyer shall agree on a Crop Request Price which will reflect the total Landed Prices, inclusive of the Logistics Fee and the Processing Fee. The Buyer must accept a bid of a Grower within five (5) days from creation of the Crop Request, otherwise the order will be cancelled. Once an agreement is reached on the Crop Request Price, the Buyer will complete the downpayment on the Total Amount Due using any of the available payment methods in the Platform within a maximum period of three (3) hours, otherwise the Crop Request shall be automatically cancelled. Within forty-eight (48) hours from receipt of the down payment, We will remit twenty-five percent (25%) of the Net Proceeds due to You, and in exchange You will issue to Us the corresponding Sales Invoice for the full amount. Thereafter, no later than six (6) days before the scheduled Delivery Date, You must confirm the final volume produced for the Crop Request. Within twelve (12) hours from Your confirmation, We will remit another twenty-five percent (25%) of the Net Proceeds due to You; if the final volume You confirmed is different from the original order, You shall issue to Us a revised Sales Invoice. Upon Your confirmation of the final volume to be delivered, the Buyer has up to twelve (12) noon of the fourth day prior to the scheduled Delivery Date to explicitly accept, otherwise the order will be forfeited. Regardless of the confirmed volume, the Buyer cannot refuse acceptance, except for specific allowable conditions subject to Our assessment, and will be provided a proportionate refund in cases where the volume will fall below fifty percent (50%). The Buyer must then immediately pay the remaining unpaid balance using any of the available payment methods in the Platform, but no later than the forty-eight (48) hours after the Delivery Date. Upon receipt of the outstanding balance payment from the Buyer, We will remit the balance of the Net Proceeds due to You within forty-eight (48) hours.

6. Cancellation, Forfeitures and Delinquent Status

6.1 After payment has been made by a Buyer on a Regular Order, should You change the volume from how it was originally listed, the Buyer can opt to cancel a portion or the entire lot of the order, and the crops will be returned to Your inventory for sale in the Platform.

6.2 For Your awareness only, Buyers are required to pay the total amount due for Regular Orders or the down payment for Crop Requests within a maximum period of three (3) hours after check-out, otherwise the order shall be automatically cancelled and the crops will be returned to the Platform as available for sale. 

6.3 Specifically for Crop Requests, for Your awareness only, when Growers submit their bids, the Buyer has until five (5) days from when order was made to accept a bid, otherwise the Crop Request will be automatically cancelled.

6.4 No later than six (6) days prior to scheduled Delivery Date, You must advise Us of the Crop Request order volume that You’ll be able to deliver. The Buyer is required to provide his/her explicit acceptance of this confirmed volume up to twelve (12) noon of the fourth day prior to the scheduled Delivery Date, otherwise the order will be forfeited.

6.5 In case of forfeiture by the Buyer on a Crop Request, the following shall be effected: 

1. the entire lot of the confirmed volume shall not be delivered to the Buyer;
2. the Buyer will forfeit his/her down payment, but We will still remit the proportional Net Proceeds to You; 
3. We will take possession of fifty percent (50%) of the lot, representing the down payment; and,
4. You may opt to sell the remaining volume to third-party buyers or resell them through the Platform as Flash Sale, however for any volume of the lot that remain unsold after a period of seven (7) days from the original Delivery Date, We shall purchase them at a discounted rate of thirty percent (30%) of the transaction balance. 

6.6 You shall be considered delinquent by the Platform for repeated cancellations not due to force majeure, with a corresponding monetary penalty to be imposed for each instance. We will suspend your access to the Platform, and decide on the reinstatement of your Account only after a rigorous assessment.

7. Obligations

7.1 You shall ensure that all information provided in the Platform is accurate, current, complete and not misleading. 

7.2 You shall fulfill orders for Products at their stated quantity, quality and price, and meet the minimum “quality standards” for delivered produce to be clean, packaged well and edible.

7.3 You are liable to guarantee availability of the crops listed in the Platform. For paid Regular Orders, You are required to check availability of the ordered crops at the latest by three (3) pm on Order Date and source from other suppliers as and when necessary, and advise Us at the latest by four (4) pm of the same day if You are still unable to fulfill the ordered volume.

7.4 To ensure timely delivery to the Buyer, You shall have the produce ready for pick-up by the assigned Logistics Provider by five (5) pm a day before the scheduled Delivery Date, who shall then deliver the produce to the Buyer by twelve (12) noon of the Delivery Date.

7.5 FarmYields does not guarantee the quality of the produce nor its transport as provided by the Grower and Logistics Provider. However, on Our sole discretion and only after careful review of the surrounding circumstances, We may offer “considerate compensation” to the Buyer but only in the form of non-cash consideration.

7.6 For listed crops that remain unsold and are nearing their expiry date, We shall highlight them in the Platform under Flash Sales.

7.7 You are required to issue a valid BIR-registered Sales Invoice to Us when we remit the Net Proceeds to your settlement account.

8. Disclaimer

8.1 The Platform provides Services to You on an “as is” and “as available” basis. We hereby disclaim all warranties and representations, either express or implied, with respect to the Services, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security or accuracy.

8.2 No communication, statement or any remarks, whether written or oral, shall be construed as an express or implied warranty or representation to any matter concerning these Terms of Use. 

8.3 We do not make any express or implied warranties that the use of the Platform and its contents shall be used without interruption, secure from any form of hacks, free from any error, protected from all kinds of technology-related disruptions and free from harm or injury caused by fortuitous events.

8.4 You may use the Platform at your own risk. We shall not be responsible for the conduct, behavior, or moral character of any Grower, Buyer or Logistics Provider. You are solely responsible for any interactions between any person using the Platform.

9. Limited Liability

Under no circumstances shall FarmYields, its stockholders, directors, employees, affiliates, third-party service providers or any of its duly authorized representatives, be liable to You or any third party for any claims for damages, including but not limited to loss of data, income, profit, goodwill, business reputation, loss or damage to property, and third-party claims as a result of Your access to or use of the Platform, failure or refusal to access or use the Platform, unauthorized access of Your Account, violation of any of the these Terms, breach of contract between the Grower and the Buyer or between the Grower and the Logistics Provider or between the Buyer and the Logistics Provider, negligence, tort, criminal liability, infringement of intellectual property rights, product liability or any other analogous circumstances.

10. Indemnification

You or any person who accessed your Account with or without Your knowledge or consent, agree to indemnify and hold FarmYields, free and harmless from and against any loss, liability, claim, demand, damages, costs, expenses and attorney’s fees, arising from i) Your use and access of the Platform, ii) Your violation of these Terms, iii) Your violation of any third party right or iv) disclosure of any of Your content or information You share using the Platform. 

11. Intellectual Property Rights

11.1 All rights, title and interest in and to all materials that are part of any of the features of the Platform including, but not limited to, designs, text, graphics, pictures, video, trademarks, logos, sounds, artwork, information, artwork, data, database rights, applications, software, music, sound and other files collectively referred to as the “Service Materials,” are, as between the Company and You, owned by the Company.

11.2 You acknowledge and agree that You shall not acquire any ownership rights whatsoever by downloading the Platform.

12. Termination and Suspension

FarmYields reserves the right to suspend, deny access or permanently terminate any or all of Your Accounts for any reason including but not limited to the violation of these Terms, the Agreement, and the Privacy Policy, with or without notice. 

[Published on 28th of May 2022]