Terms & Conditions

Effective as of 2021/05/19

Welcome to Farm4Trade Terms and Conditions of Use (“Terms”, “Agreements”, “Agreement”, “Service” o “Terms of Use”). This is an important section that along with Privacy Policy affects your legal rights, so please read it carefully.

We expect you to interact responsibly according to the Terms of Service specified below. If you believe that certain contents of the website or of the web and mobile applications violate these Terms of Service, please contact us using the specific contact form.

1 INTRODUCTION

Thanks for choosing Farm4Trade. Farm4Trade provides an innovative service for the management of the livestock chain and other services related to animal husbandry as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Farm4Trade services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Farm4Trade Service” or “Service”), you are entering into a binding contract with the Farm4Trade entity indicated in Section 19 (Contact us).

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section (15), other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements (2), automatic renewals, limitations of liability (13), and privacy. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Farm4Trade’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Farm4Trade Service.

Farm4Trade is a provider of services for the management, sale, transport and other types of services in animal husbandry dedicated to users from all over the world.

In order to use the Farm4Trade Service, you have to provide name, surname, email address, telephone number, password and country. You guarantee that the registration information provided is true, accurate and complete, and agree to keep it so at all times.

The Farm4Trade service is based on certain system requirements and includes social and interactive functions that include personal profiles, private messaging, the ability to buy and sell live animals, the ability to advertise and search for spaces on means of transport for live animals, management systems dedicated to animals.

Even using the services offered by Farm4Trade for free, the user (hereinafter “Member”, “User”) signs a binding agreement, which also includes our Privacy Policy, with the Farm4Trade entity that regulates the use of the service. The user can open, print, download and / or save these Terms and Conditions of Use of the Service at any time. By registering as a Member on Farm4Trade, the user acknowledges having read, understood and accepted all the Terms and Conditions of Use of the service.

2 CHANGES TO THE AGREEMENTS

Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

3 USING FARM4TRADE

3.1 Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Farm4Trade account. Certain options are provided to you free-of-charge. The Farm4Trade Service that does not require payment is currently referred to as the “Free Plan” or “Basic Plan”. Other options require payment before you can access them (the “Pro Plan”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Farm4Trade Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

If you cancel your subscription to the Pro Plan, or if your subscription to the Pro Plan is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Pro Plan. Note that the Pro Plan may be discontinued in the future, in which case you will no longer be charged for the Service.

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Farm4Trade for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third parties in addition to the Agreements may apply to your access to the Service.

3.2 Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Farm4Trade may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis, annual basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL.

Subscriptions to the Pro Plan cannot be terminated before the end of the period already paid, therefore, unless expressly provided for in this document of the Terms and Conditions of Use, Farm4Trade will not refund any costs already paid.

3.3 Using our service

The Farm4Trade software applications and the Content are not sold or transferred to you, and Farm4Trade and its licensors retain ownership of all copies of the Farm4Trade software applications and Content even after installation on your personal devices (“Devices”).

4 PAYMENTS, CANCELLATIONS AND COOLING OFF

4.1. Billing

You may purchase a Paid Subscription directly from Farm4Trade or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) prepayment giving you access to the Farm4Trade Service for a specific time period (“Pre-Paid Period”).

Farm4Trade may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Farm4Trade Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:

  • If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Farm4Trade to automatically charge you the agreed price each month until you cancel the Paid Subscription.
  • If you purchase a Paid Subscription with no Trial, you authorize Farm4Trade to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Farm4Trade Service during that period.

4.2 Renewal; Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Farm4Trade or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period if you purchased the Paid Subscription through Farm4Trade, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription through Farm4Trade and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us.

If you wish to receive a full refund of all monies paid to Farm4Trade before the Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.

4.3 Downgrade conditions

In the event of termination of the PRO Service, the account will go back to the conditions provided for in the free service. The following changes regarding the data entered by the user when using the PRO Services will apply:

  • The first organization that was created will remain (editable). All other organizations created after the first one will remain only visible
  • The last modified 50 animals present in the aforementioned will still be accessible for modification
  • The user who was most recently added to the staff of this organization will retain access. All other previously invited users will be deleted
  • All other data that do not fall within the above cases will remain visible but not editable
  • The user may request that the data entered before the termination of the PRO services be exported and received upon request
  • In the event that the user does not agree with the procedure, he can contact the Support
  • If the user wishes to subscribe to the Paid Services again with the same account, the data will be available again

In the event of downgrading from a superior Paid Service to a PRO Service, the following changes regarding the data entered by the user will apply:

  • The first 2 organizations that were created will remain (editable). All other organizations created after will remain only visible
  • The last modified 150 animals present in the aforementioned will still be accessible for modification
  • The 3 users who were most recently added to the staff of this organization will retain access. All other previously invited users will be deleted
  • All other data that do not fall within the above cases will remain visible but not editable
  • The user may request that the data entered before the termination of the PRO Plus services be exported and received upon request
  • In the event that the user does not agree with the procedure, he can contact the Support
  • If the user wishes to subscribe to the Paid Services again with the same account, the data will be available again

5 USING OUR SERVICE

The Farm4Trade Service and the Content are the property of Farm4Trade or Farm4Trade’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Farm4Trade Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Farm4Trade. You promise and agree that you are using the Farm4Trade Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Farm4Trade Service or the Content.

The Farm4Trade software applications and the Content are not sold or transferred to you, and Farm4Trade and its licensors retain ownership of all copies of the Farm4Trade software applications and Content even after installation on your devices (“Devices”).

All Farm4Trade trademarks, service marks, trade names, logos, domain names, and any other features of the Farm4Trade brand are the sole property of Farm4Trade or its licensors. The Agreements do not grant you any rights to use any Farm4Trade Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Farm4Trade Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.

5.2. User choice and control

The “GDPR” (General Data Protection Regulation), the new European Union law on privacy policy, confers certain rights to individuals concerning their personal data. About this legislation, the rights granted to users are listed below:

  • right of access: you can request access to your personal data processed by Farm4Trade;
  • right of rectification: request the modification of personal data in the event of errors;
  • right of cancellation: the right of definitive cancellation of personal data;
  • right of limitation: request the interruption of the processing of all or some of the personal data such as those used for marketing purposes;
  • right to portability: it is the user’s right to request a copy of their personal data in electronic format;

The user may at any time withdraw consent for electronic marketing messages such as those sent by email. Using an opt-out mechanism within the message itself by simply clicking on the unsubscribe link.

6 THIRD PARTY APPLICATIONS AND DEVICES

The Farm4Trade Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Farm4Trade Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Farm4Trade does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Farm4Trade warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

7 USER-GENERATED CONTENT

Farm4Trade users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to any other part of the Farm4Trade Service.

You promise that, with respect to any User Content you post on Farm4Trade, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Farm4Trade as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others.

Farm4Trade may, but has no obligation to, monitor, review, or edit User Content. In all cases, Farm4Trade reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Farm4Trade’s sole discretion, violates the Agreements. Farm4Trade may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Farm4Trade is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST FARM4TRADE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD FARM4TRADE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

8 RIGHTS YOU GRANT FARM4TRADE

You agree to enter correct and complete information and to keep the information relating to your profile updated. In particular, considering that the communication between you and Farm4Trade will take place mainly via email, any explanations and information, such as updates to this policy that we will send by email, will be considered delivered as soon as they are received on your email server. If we are not notified of any change or cancellation of the email address, these statements will be considered as received. You also agree to keep your Farm4Trade password secret and that you will take care to ensure that your data is not accessible to third parties. You are obliged to inform us immediately of any unauthorized use of your access data and any other breach of security regulations.

9 USER GUIDELINES

Farm4Trade respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Farm4Trade stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.The following is not permitted for any reason whatsoever:

  1. copy, redistribute, extract, manipulate, transfer, display or make available to the public any part of the Farm4Trade Service;
  2. use the Farm4Trade Service in any way that is not expressly provided for in this Agreement or that otherwise violates intellectual property rights;
  3. malicious attempts, through which Farm4Trade members can be lured to other portals / websites;
  4. use the Farm4Trade Service to import or copy data and information for which you do not have legal rights;
  5. reverse engineer, decompile, disassemble, modify or create derivative works of the Farm4Trade Service, except as permitted by applicable law [if applicable law allows you to decompile any part of the Farm4Trade Service to obtain essential information for the purpose of creating a independent program that may work in conjunction with the Farm4Trade Service or another program, the information the user obtains from such activities (a) may only be used for the purposes indicated above, (b) may not be disclosed or communicated, without prior consent written by Farm4Trade, to any third party who does not need to obtain such information to achieve the aforementioned objectives and (c) cannot be used to create software or services that are substantially similar in their expressive forms to any part of the Farm4Trade Service];
  6. circumvent any technology used by Farm4Trade, its licensors or other third parties to protect the Service;
  7. use any illegal form of advertising on Farm4Trade (including through the disclosure of telephone numbers, e-mail addresses, links, SMS numbers or other contact possibilities for commercial purposes, to other users);
  8. sell, rent, subcontract or lease any part of the Farm4Trade Service;
  9. remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the Farm4Trade Service;
  10. provide your password to other people, or use other member’s username and password;
  11. collect content or information from Farm4Trade members in a fraudulent manner by “crawling” within the Service or using other automated means such as eg. bot, scraper and / or spider;
  12. execution of actions that block, overload or could affect the correct functioning of Farm4Trade;
  13. any other misuse of Farm4Trade not expressly provided for in this Agreement.

Please respect Farm4Trade and other users of the Farm4Trade Service.

Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that is:

  1. offensive, derogatory, defamatory, threatening or obscene;
  2. illegal or designed to promote or commit illegal acts of any kind;
  3. infringes the intellectual property rights, privacy rights or exclusive rights of Farm4Trade or any third party;
  4. deliberately containing your own password or that of another user or the personal data of third parties;
  5. designed to solicit the granting of such personal data or capable of causing disturbance or harassment to other users;
  6. that makes use of a code (malware, Trojan horses or viruses) that damages the website or limits its functionality or affects it in any other way and is able to interfere with users’ access to the Service;
  7. who uses automated means to artificially promote a content;
  8. which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, message chains or the like;
  9. that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes;
  10. able to interfere and / or interrupt the Farm4Trade Service in any way;
  11. manipulate, violate, attempt to tamper with or subject the Farm4Trade systems and its security components and authentication measures to vulnerability;
  12. that causes conflicts with the Farm4Trade Terms or Privacy Policy.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that Farm4Trade reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Farm4Trade account. You also agree that Farm4Trade may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.

Please be thoughtful about how you use the Farm4Trade Service and what you share. The Farm4Trade Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Farm4Trade or across the web, so please use Farm4Trade carefully and be mindful of your account settings. Farm4Trade has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

You may need to prove ownership rights in your content. You are also invited to observe respectful behavior and, if possible, a friendly style when interacting with other members. In case of violation of these Terms and Conditions Farm4Trade reserves, at its sole discretion, to act in the way it deems most appropriate in order to preserve a harmonious coexistence among its Members. In the most extreme cases, such as eg. serious personal attacks, defamation, slander and threats, we reserve the right to appeal to the criminal authorities.

10 SERVICE LIMITATIONS AND MODIFICATIONS

Farm4Trade will make reasonable efforts to keep the Farm4Trade Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Farm4Trade reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Farm4Trade Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Farm4Trade Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

Notwithstanding the foregoing, if you have prepaid fees to Farm4Trade for Paid Subscriptions that Farm4Trade permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Farm4Trade will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Farm4Trade will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Farm4Trade and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

11 CUSTOMER SUPPORT

For customer support with account-related and payment-related questions, please submit a ticket to our Customer Service department using the Customer Service contact form on the Support section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

12 TERM AND TERMINATION

The Agreements will continue to apply to you until terminated by either you or Farm4Trade. Farm4Trade may terminate the Agreements or suspend your access to the Farm4Trade Service at any time, including in the event of your actual or suspected unauthorised use of the Farm4Trade Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Farm4Trade terminate the Agreements, or if Farm4Trade suspends your access to the Farm4Trade Service, you agree that Farm4Trade shall have no liability or responsibility to you, and Farm4Trade will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Farm4Trade account, please contact us through the Customer Service contact form which is available on our Support page. This section will be enforced to the extent permissible by applicable law.

Sections 7, 8, 9, 10, 12, 13, 15, 16, 17, and 18 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

13 WARRANTY DISCLAIMER

THE USER UNDERSTANDS AND AGREES THAT THE FARM4TRADE SERVICE IS OFFERED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. USE OF THE FARM4TRADE SERVICES IS AT THE USER’S RISK AND FARM4TRADE EXCLUDES ANY KIND OF LIABILITY AS IT PROVIDES ITS SERVICES IN THE STATE OF FACT AND LAW IN WHICH THEY ARE FOUND, WITHOUT EXPRESS AND / OR IMPLIED WARRANTIES.

FARM4TRADE MAKES NO WARRANTY REGARDING MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, LACK OF ERRORS, INTERRUPTIONS OR DELAYS IN THE OPERATION OF THE SERVICES, SECURITY AND PROTECTION OF THE SERVICES IN THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODES FOR COMPUTERS / DEVICES.

NEITHER FARM4TRADE NOR THE OWNERS OF THE CONTENT WARRANT THAT THE FARM4TRADE SERVICE WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

FARM4TRADE DISCLAIMS ALL THESE LIABILITIES AS IT DOES NOT HAVE CONTROL AND CANNOT REASONABLY BE RESPONSIBLE FOR THE METHOD OF USE OF ITS SERVICES. FURTHERMORE, FARM4TRADE CANNOT BE RESPONSIBLE AND HAS NO OBLIGATION TO CONTROL THE SHARES AND INFORMATION PROVIDED BY ITS USERS OR THIRD PARTIES.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, THAT THE USER OBTAINS FROM FARM4TRADE SHALL CREATE ANY FORM OF WARRANTY FROM FARM4TRADE.

WITHOUT LIMITATION TO THE ABOVE, NO PROVISION OF THIS SECTION WILL HAVE THE EFFECT OF LIMITING FARM4TRADE’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-FULFILLMENT, OR INACCURATE FULFILLMENT OF ITS ESSENTIAL OBLIGATIONS CONNECTED WITH THE SUPPLY OF THE SERVICE. THE PROVISIONS OF THIS SECTION WILL FIND APPLICATION TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE PROVISIONS OF THIS SECTION DO NOT AFFECT THE USER’S MANDATORY RIGHTS AS A CONSUMER PROVIDED FOR BY LAW.

IN NO EVENT WILL FARM4TRADE, ITS OFFICIALS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR:

ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES) THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS OBVIOUS THAT IT WILL HAPPEN OR IF BY THE TIME THE AGREEMENT WAS CONCLUDED BOTH PARTIES WERE AWARE THAT IT COULD HAPPEN;

ANY:

LOSS OF USE;

DATA LOSS;

LOSS OF BUSINESS;

FAILURE TO EARN;

OR DAMAGE TO THE DEVICES, TO THE EXTENT THAT THE USER COULD AVOID SUCH DAMAGE BY FOLLOWING OUR ADVICE TO UPDATE THE SERVICES OR CONTENT, OR IF SUCH DAMAGE WAS CAUSED BY THE USER’S FAILURE TO PERFORM THE INSTRUCTIONS INSTALLATION, OR IF THE USER IS NOT EQUIPPED WITH THE MINIMUM SYSTEM STANDARDS INDICATED BY FARM4TRADE,

IN ALL CASES WHERE DAMAGE ARISES FROM INCORRECT USE OR INABILITY TO USE THE FARM4TRADE SERVICE, THIRD PARTY DEVICES, APPLICATIONS OR THE CONTENT OF THIRD PARTY APPLICATIONS, REGARDLESS OF ANY PRINCIPLE OR THAT FARM4TRADE  HAS BEEN WARNED OR NOT OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN WHERE OTHER REMEDIES DO NOT ALLOW THE ESSENTIAL USEFUL RESULT TO BE OBTAINED; OR FAILURE OR INEXACT FULFILLMENT OR DELAY IN THE FULFILLMENT OF THE OBLIGATIONS PROVIDED FOR IN THE AGREEMENTS WHICH ARE CAUSED BY CAUSE MAJEURE OR UNFORTUNATE CASE OR BY ANY CAUSE THAT IS REASONABLY FORESEEABLE OR OUTSIDE FARM4TRADE’S CONTROL

THE PROVISIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE USER MAY HAVE RIGHTS IN ACCORDANCE WITH UNDERWRITABLE RULES OF HIS COUNTRY WHICH PROVIDE FURTHER REMEDIES IN ADDITION TO THOSE PROVIDED ABOVE.

14 INFRINGEMENT AND REPORTING

Farm4Trade undertakes to prevent the publication of illegal content and to respect the proprietary rights of intellectual property. If you believe that any content infringes your rights or that of others, please send a detailed email notification to support@farm4trade.com. All serious rights violation messages will be reviewed by us immediately. Any improper use will be penalized.

15 ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and Farm4Trade, the Agreements constitute all the terms and conditions agreed upon between you and Farm4Trade and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Farm4Trade reserves the right to ask the user to accept any additional conditions in the future for certain services.

Our services are not intended for use and distribution in countries where these terms do not comply with local laws, therefore Farm4Trade reserves the right to limit its services in any country.

Where any clause of the Agreements is considered illegal, void or unenforceable for any reason and at any level, the validity and applicability of the other provisions contained in these terms will not be affected in any way. The application of this clause will be imposed within the limits established by law.

Farm4Trade reserves the right to modify or update these Terms by communicating the changes in the most appropriate way and updating the “last modified” date in this section where all legal information is contained.

These Terms were originally drafted in the Italian language; the translated versions are provided for information only and for any conflicts between any of the translated versions, the Italian version will prevail.

We reserve all rights not expressly granted.

16 ASSIGNMENT

Farm4Trade may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Farm4Trade may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

17 INDEMNIFICATION

You agree to indemnify and hold Farm4Trade harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Farm4Trade Service; and (4) your violation of any law or the rights of a third party.

18 CHOICE OF LAW, MANDATORY ARBITRATION AND VENUE

Except where otherwise required under a mandatory law of a member state of the European Union or other jurisdiction, our Terms and any disputes / complaints between the user and Farm4Trade are governed by the laws of the Italian State.

All users agree to resolve any disputes arising from or committed to our Terms and in general to our service exclusively in Italy at the Court of Pescara of the Abruzzo Region.

19 CONTACT US

Any communication from one Party to the other under these Terms and Conditions of the Service must be sent by e-mail to the following addresses:

For Farm4Trade:

Via IV Novembre n.33 – 66041 – Atessa – CH

E-mail: support@farm4trade.com

For the user:

to the e-mail address and / or telephone number indicated by the User when registering on the Site or App or from time to time indicated in their personal area.

Given the nature of the email service, the Supplier does not guarantee the delivery of every e-mail communication. Communications published on the Site or on the App are understood to be received when the User, by accessing the User Area after their publication, views them on their computer according to the procedure set up by the Supplier which requires them to be displayed.

Thank you for reading our Terms and Conditions of Use.

We hope you are satisfied with the service offered by Farm4Trade!

Farm4Trade srl

REGISTERED OFFICE: Via IV Novembre n.33 – 66041 – Atessa – CH

CORPORATE OFFICE: Via Andrea Baldi n.36 – 00136 – Roma

VAT IT02568150698

© Farm4Trade

Farm4Trade Namibia

REGISTERED OFFICE: P.O. BOX 2655 Swakopmund

CORPORATE OFFICE: Bohemian Building, Unit 1, Friedrich Giese Street, Klein Windhoek, Namibia

© Farm4Trade Namibia

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