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Terms of Service

The following terms and conditions govern your use of the farmers website and all its content, services, software, and products available through this website (taken together, the "Website"). The website's operation name is farmers ("Farmers").

The Website's products/services offered subject to your acceptance of all the following terms and conditions contained herein and all other policies (including, without limitation, privacy policy that may be published from time to time on this Website (collectively, the "Agreement").

Please read this Agreement carefully before accessing or continuing to use the Website. By accessing or using the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website. If these terms and conditions are considered an offer by Farmers, acceptance is expressly limited to these terms. The Website is available for use only to individuals who are13 years old or more.

1. Your Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Farmers of any unauthorised uses of your account or any other breaches of security. Farmers will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Your Farmers’ account is personal, and does not allow to represent a group of individuals or entity without our explicit approval by you. You will also not share your account credentials with any third party.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, share with others material you add to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer / employees has/have rights to intellectual property you create, you have either
    1. (i) received permission from your employer to post or make available the Content, including but not limited to any software, or
    2. (ii) secured from your employer / employee a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by farmers or otherwise.

3. User Content License

User contributions to the Website are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, farmers has the right (though not the obligation) to, in farmers’ sole discretion (i) refuse or remove any content that, in farmers’ reasonable opinion, violates any farmers policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in farmers’ sole discretion. farmers will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal

General Terms

When utilising or buying a service, you agree to pay the fees indicated (“Payment”).

Automatic Renewal

By default your purchase does not automatically renew. In case automatic renewing is offered as an option, and only if you opt-in to automatic renewal, the following conditions apply;

  • You have to notify Farmers before the end of the applicable subscription period that you want to renew your subscription.
  • If upon renewal Payment cannot be collected you will be informed and given reasonable time to correct and complete the payment process. If after this still no Payment has been received, we will suspend access to the service.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by Farmers under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions. Unless optional Support is purchased, Farmers does not have any support obligations to you with respect to Website.

6. App Updates

Farmers can, at its sole discretion, decide to update it Website products/services.

7. Responsibility of App Users

Farmers provides the Website as-is, disclaims any responsibility for any harm resulting from the use of the Website. You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or make the Website available to any third party.

Unless permitted under applicable Botswana Copyright law, fair use rules or under this Agreement, you shall not (and shall not allow any third party to):

  • decompile, disassemble, or otherwise reverse engineer the Website, or attempt to discover any source code or underlying ideas or algorithms of the Website;
  • remove any product identification, copyright or other notices embedded within the Website;
  • modify or create a derivative work of the Website (except as otherwise expressly authorised by Farmers in writing);
  • remove or export the Website in violation of applicable laws or regulations;
  • relicense, provide, lease or lend the Website to any third party;
  • copy the Website, or any portion thereof except as permitted under this Agreement; and
  • disclose any performance information or analysis (including, without limitation, benchmarks) from any source relating to the Website.

The Website may make use of third party software components. Notwithstanding the foregoing, use of some third party software components included in the Website may be subject to other terms and conditions.

8. Responsibility of Website Visitors

Farmers has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or shared through the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating/visiting the Farmers website, Farmers does not represent or imply that it endorses the material they posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Farmers disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content they posted.

9. Content Posted on Other Websites

Farmers does not have any control over those non-farmers websites and webpages, and is not responsible for their contents or their use.

10. Copyright Infringement

If you believe that material located on or linked to by our Website violates your copyright, you are encouraged to notify Farmers in accordance with Data Protection Act, 2018.

11. Intellectual Property

This Agreement does not transfer from Farmers to you any Farmers or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Farmers. Farmers, farmers, the farmers logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks, registered trademarks of Farmers or farmers' licensors.

Your use of the Website grants you no right or license to reproduce or otherwise use any farmers or third-party trademarks.

12. Changes

Farmers reserves the right, at its sole discretion, to modify or replace any part of this Agreement. If we decide to change our privacy policy, we will post those changes on this page. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Farmers may also (but does not guarantee), in the future, offer new services and/or features through the Website (including, the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

If you wish to terminate this Agreement or your Farmers account (if you have one), you may simply discontinue using the Website.

14. Disclaimer of Warranties

The Website and App are provided "as is".

15. Limitation of Liability

In no event will Farmers will be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages;
  2. the cost of procurement for substitute products or services;
  3. for interruption of use or loss or corruption of data or;
  4. for any amounts that exceed the fees paid by you to Farmers under this Agreement during the twelve (12) month period prior to the cause of action;
  5. the foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Farmers Privacy Policy with this Agreement and with all applicable laws and regulations in Botswana. (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless Farmers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Miscellaneous

This Agreement constitutes the entire agreement between Farmers and you. This Agreement, any access to or use of the Website will be governed by the laws of Botswana, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts located in Botswana.

This License Agreement shall not be governed by the UN Convention on contracts for the international sale of goods (CISG). Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Botswana Laws.

The arbitration shall take place in Botswana, in the English language and the arbitral decision may be enforced in any court.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; farmers may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last modified: 06 January 2024