Farm Fayre User Agreement
Introduction
This User Agreement, Farm Fayre’s Privacy Policies, all policies and guidelines posted on our Platform set out the terms on which Farm Fayre offers you access to and use of our Platform, websites, services, applications and tools (collectively ‘Services’). You agree to comply with all of the above when accessing or using any of our Services.
About Farm Fayre Services
Farm Fayre provide access to its’ Platform (which includes the Websites, mobile Apps, and any other mediums it may make available from time to time) for Users, subject to the terms and conditions detailed in this User Agreement, via the Internet for the listing, selling, bidding, and buying of Livestock, directly with other Users. Farm Fayre does not have, and shall not take, possession of any item listed or sold through Farm Fayre, and is not involved in the actual transaction between buyers and sellers. It is expressly stated, and agreed by all Users, that the contract for the sale is directly between buyer and seller. Farm Fayre does not review users listings or content. Farm Fayre has no control over and does not guarantee the existence, quality, safety or legality of items listed; or over the truth or accuracy of users content, listings, or feedback; or the ability of sellers to sell items; or the ability of buyers to buy the items; or that a buyer or seller will actually complete a transaction or return an item.
Farm Fayre may facilitate transactional support, User support, dispute resolution support, pricing guidelines, access to hauliers, access to payment providers, listing and other guidance in our Services from time to time, such guidance is solely informational and you may decide to follow it or not.
Acceptance
BY CLICKING THE “I ACCEPT” BUTTON, &/OR COMPLETING THE REGISTRATION PROCESS, &/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT. If you are Registering to use the Services on behalf of a company or other entity, you declare that you have full authority to bind that company &/or other entity to this User Agreement. If you are not willing to be bound by this User Agreement, you should not complete the registration process and should not use the Services.
Farm Fayre’s platform was created based upon the honour system; therefore as a condition of registration all Users agree to act honourably at all times, and in accordance with the spirit and terms of this User Agreement.
Modification
Farm Fayre may update or modify this User Agreement, at our sole discretion, at any time by notification, &/or by posting the amended terms on Farm Fayre Platform. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. This User Agreement may not be otherwise amended by any User except through mutual written & signed agreement by said User and a Farm Fayre representative authorised to do so.
Registration
Subsequent to the successful completion of your registration:
- you authorise Farm Fayre to use your information as detailed in this User Agreement and other terms and conditions as noted on the Farm Fayre Platform.
- You shall have access to, and use of, the Farm Fayre Platform subject to the terms and conditions as detailed in this User Agreement. Farm Fayre reserves the right of rejection, or removal, of any User at their sole discretion without explanation.
Using Farm Fayre
In connection with using or accessing the Services you agree you will not:
- post, list or upload content or items in inappropriate categories or areas on our Platform;
- breach or circumvent any laws, third party rights or our systems or policies;
- offer for sale any items you are not the legal owner of;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- bid on, or buy, any item where you lack capacity to pay for, or accept delivery of, same item;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an Farm Fayre policy;
- fail to deliver items sold by you, unless you have a valid reason as set out in an Farm Fayre policy;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings systems;
- transfer your Farm Fayre account (including Feedback) and/or user ID to another party without our express written consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to the specific relevant Farm Fayre transaction (which includes using this information to send marketing materials directly to Farm Fayre users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm Farm Fayre, or the interests or property of Farm Fayre users;
- export or re-export any Farm Fayre application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Farm Fayre. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Farm Fayre or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialise any Farm Fayre application or any information or software associated with such application;
- contact, or attempt to initiate contact, with any User outside the Farm Fayre platform;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If we believe you are violating Farm Fayre’s policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension/termination of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services, at our sole discretion.
Abusing Farm Fayre
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we believe that you are creating problems or possible legal liabilities;
- we believe that such restrictions will improve the security of the Farm Fayre community or reduce our or another Farm Fayre user’s exposure to financial liabilities;
- we believe that you are infringing the rights of third parties;
- we believe that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- we believe you are abusing our employees, representatives, or Users;
- we believe you are offering, requesting, or sharing your own or another Users contact details in an attempt to circumvent Farm Fayre’s Platform;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
Fees
We may change our fees, or introduce new fees from time to time by posting the changes on the Farm Fayre Platform, or notification, 30 days in advance. You may close your account without penalty within 30 days of such notice being given. Fees for Users available on User platform.
Content
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer product data (including images, descriptions and specifications) that are provided by third parties (including Farm Fayre users). You may use that content solely in your Farm Fayre listings. Farm Fayre may modify or revoke that permission at any time in our sole discretion.
We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Farm Fayre is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
Access to Farm Fayre
We endeavour to keep Farm Fayre and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to, our Services. Bid update and other notification functionality in Farm Fayre’s Services may not occur in real time. Such functionality is subject to delays beyond Farm Fayre’s control.
We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, hauliers rates, payment provider fees, or other guidance provided by Farm Fayre;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Farm Fayre Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your User account;
- the duration or manner in which your listings appear in search results; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our Platforms.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the Internet is difficult. Farm Fayre cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our Platforms.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) 100 euros.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Legal Disputes
General
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement, without your prior express consent, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The User Agreement, the Privacy Policies, all policies and guidelines posted on our Platform are the entire agreement between you and Farm Fayre and supersede all prior understandings and agreements of the parties.
Users agree that they cannot:
- Interfere with the Farm Fayre Platform;
- Use profanity on the Platform;
- Continue to use Farm Fayre if a User’s account is suspended;
- Make offers to buy or sell outside of Farm Fayre;
- Use Farm Fayre information to connect, or attempt to connect, with Users outside farm Fayre;
- Post want ads;
When a buyer or seller issue comes up, depending on the particular situation, we may consider an individual’s performance history and the specific circumstances, which can influence how we apply our rules and policies. At our discretion, we may choose to be more lenient with policy enforcement, as long as that decision doesn’t result in Farm Fayre requiring payment from another member. We reserve the right to do the right thing for both buyers and sellers.
Farm Fayre Users agree they:
- cannot misuse the Farm Fayre messaging/contact forums, send unsolicited communications for anything other than queries regarding the specific Lot in question;
- will follow Farm Fayre’s rules for discussion boards, forums, community content, reviews and ratings;
- will not attempt to contact, or share personally identifying details, with any other Users.
Offers to buy or sell outside Farm Fayre
Using information About Other Farm Fayre Users
Farm Fayre may enable users to share personal and other information solely for the purpose of completing transactions. When users are involved in a transaction, they may obtain access to each other’s name, user ID, email address, and other contact information, postal information and other information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users’ privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them. You agree to use User information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
- Farm Fayre transaction related purposes; or,
- using Services offered through Farm Fayre.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in Farm Fayre’s Privacy Policy. If you object to your Information being transferred or used in this way please do not use our Services.
Compensation
You agree that you will only use our Platform and Services in accordance with the terms and conditions set out in this Agreement. You will compensate us in full (and our officers, directors, agents, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Third Party Rights
A person who is not a party to this Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available otherwise.
Identity
User identity is a foundational building block of the Farm Fayre Platform. Farm Fayre treats members’ identity with the utmost importance & respect. Farm Fayre expects its Platform Users to do the same. Farm Fayre Users agree:
- you cannot misrepresent your Farm Fayre Identity;
- you must always provide valid and complete contact information, and undertake to update Farm Fayre should any of this information change;
- Users are never permitted to publish the contact information of other Users in a public area, for everyone’s safety;
- that every User membership must always have a valid email address;
- that all buyers and sellers must be at least 18 years old.
Breaches of our policies may result in a range of actions, including but limited to:
- listing cancellation;
- limits on account privileges;
- account suspension, &/or Termination;
- forfeit of Farm Fayre fees on cancelled listings; or,
- liability for any harm caused.
Item location Policy
Sellers & Buyers agree that there shall only be one pick up or delivery location for each Lot.
At time of listing Sellers agree to provide one single pick up location per Lot, with sufficient data to enable the platforms tools to locate said location.
Prior to bidding Buyers agree to provide one single delivery location per Lot, with sufficient data to enable the platforms tools to locate said location.
Sellers & Buyers must be clear and accurate about the location their items will be picked up and delivered to. We cannot accept false, inaccurate, vague, or misleading information about the location of items.
Feedback policies
- Feedback Extortion
- Buyers aren’t allowed to use threats of poor Feedback or low detailed seller ratings to get something that wasn’t part of the original listing.
- Sellers aren’t allowed to demand positive Feedback from buyers.
- Feedback Manipulation
- Users are not allowed to exchange Feedback for the sole purpose of increasing Feedback scores, gaining privileges, or enhancing reputation.
- Buyers are not allowed to attempt to damage a seller’s Feedback through a series of repeat purchases, or to leave negative comments with a positive Feedback rating.
- Feedback Amendment
- Ratings and comments are generally a permanent part of a member’s Feedback Profile. However, Farm Fayre reserve the right to remove, or adjust, Feedback at their sole discretion for long-term benefit of the Platform.
Sales Room Chat Function
The chat function in the sales room is designed solely for Buyers to raise queries, prior to bidding, and for sellers to answer same queries. Courteous and respectful postings are expected from all participants.
Content posted to the Farm Fayre chat query form by Users are solely the opinion and responsibility of the person posting the content. Farm Fayre is not responsible for any content posted. You are responsible for your own posts. Farm Fayre reserves the right to remove any post without warning or further notice.
The following are not permitted in the sales room chat function, or on the Farm Fayre platform:
- advertising merchandise, auctions, services or commercial web sites;
- acting in a discourteous, disruptive, or disrespectful manner towards any User or Farm Fayre representative;
- breaching, or encouraging others to breach, Farm Fayre’s policies;
- Refusing to follow directions from Farm Fayre representatives;
- posting any material, or content, that is not specifically relevant to the specific listing in question;
- sharing or requesting to share any personally identifying information (including, but not limited to, email, address, phone number, etc.);
- Using Javascript, active code, any type of code other than simple HTML used in standard ways or other actions that interfere with Platform operations;
- “Wanted” posts, or posting solicitations of interest in the sale of an item or service.
Parties
The Services are provided by Farm Fayre EMC Limited, herein refereed to as Farm Fayre, for it’s Users.
Reporting a policy breach
Farm Fayre was designed, from inception, to provide a simple, safe, secure, and transparent platform for Users to meet, buy and and sell directly with other Users. The honour system has been woven throughout the design of the platform and as such the platform relies upon Users being self regulating. Therefore, if you believe a fellow User is in breach of any of Farm Fayre’s Policies we request that you Notify Us, to ensure that Farm Fayre remains safe, secure, and transparent for all its Users.
Definitions
- “Platform” – is the collective term to describe all of Farm Fayre’s offerings including, but not limited to, Website, IOS App, Android App, et alia;
- “Member” – means any User whom has registered, wholly or partially, with the Farm Fayre Platform;
- “User” – means any individual whom visits Farm Fares Platform;
- “Account” – means collectively the personal/identifying information and credentials used by Users to access parts of the Platform and to list or bid on Items;
- “Bidder” – means a User that places a bid on an Item;
- “Buyer” – means the winning bidder, or otherwise purchases, any item on the Platform;
- “Seller” – means a User that posts a listing, or otherwise, sells an Item on the Platform;
- “Item” – means any property listed, or entered for sale, on the Platform on behalf of a User;
- “Item Listing”- means a listing for any property placed on the Platform;
- “final livestock estimated weights” – means the estimated weights as provided from time to time. It is expressly declared and agreed by all Users that these same estimated weights are not to be relied upon beyond the terms as laid out herein;
- “Service” – means collectively any online facilities, tools, services or information that Farm Fayre makes available through the Platform either now or in the future.
Refer & Earn
Buyers and Sellers are offered the privilege of partaking in Farm Fayre’s “Refer & Earn” affiliate program subject to all terms and conditions. All introductions are at the goodwill of the User and you agree that Refer and Earn credit points may only be used as credit against Farm Fayre fees and have zero cash value. Refer and Earn payments are at the discretion of Farm Fayre and as such we reserve the right to amend, update, change, remove, revoke, or cancel the refer and program (in whole or in part) at any time without notice and with no liability attached or implied.
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