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Farmer Find Me(FFM) Terms and Conditions

Definitions

Additional Charges: any other charge that may be incurred as a result of the usage of the hired equipment.
Business day: means a day other than Saturday, Sunday or public holiday.
Conditions: means the terms and conditions of this agreement.
Agreement: means the agreement between the farmer and the equipment hirer Customer means the farmer who has hired the equipment Equipment-means the farming equipment including its accessories.
Order: means the Order placed by the Farmer, this order shall be made after the farmer has assessed the offers made by the equipment owners. After assessing the offers from the equipment owners the farmer shall accept one of the offers made by the equipment owners or by default the platform will choose the lowest bidder at the expiry of the bidding window.
Request for services: this is a request made by a farmer on the platform for services from equipment owners. The equipment owners shall make offers to provide service to the farmer which offers shall be assessed by the farmer before accepting one of the offers.
Rental payment: this is the payment that shall be made by the farmer into a trust fund run by the platform and shall only be released to the equipment owner only after works done have been assessed by the Agricultural extensions officers and confirmed to have been done satisfactorily and in line with the scope given by farmer and in accordance to the laid down standards at the point of pre-qualification.
An order: shall be deemed to have been accepted only when payment has been made by the Farmer into the trust account.
The farmer: shall ensure that the equipment shall only be used for the tasks it has been specifically hired for.
The farmer: shall not make any changes or modifications of the hired equipment.
The farmer: shall not sublet any of the hired equipment or instruct its operator to move it to another farm other than the farm which the farmer stated in his Application to hire the said equipment.
The farmer: accepts that the Equipment owner shall only be bound by the warranty to be given in line with the scope that was given by the Farmer.
The equipment: owner shall not be liable for any claims that the equipment does not meet the hirer's needs.
The equipment: owner shall not be liable to the customer for any loss of profit, loss of revenue, loss of business indirect or consequential damages except where the Equipment owner has acted in a grossly negligently manner.
The equipment: owner shall not be liable for any delay that is a result of an act of God (force majeure)
The farmer: shall be invoiced prior to commencement of the works and shall be deposited in a Trust Account.
A person: who is not a party to Contract shall not have any rights to enforce its terms. Except as set out in these conditions, no variation of the Contract shall be effective unless it is agreed to in writing and signed by both parties.
In the event of a dispute: it shall be resolved through dispute resolution process with the engagement of the Field Extension officer allocated to the job or task.
This agreement: shall be bound by the laws of Zimbabwe
Account: means the account associated with your email address.
Service user/Farmer: means a User that purchases Services or items from Service Providers or identifies a Service Provider through the Platform. A User may be both a Service user/Farmer and a Service Provider under this agreement.
Contest/Bid: means a Contest/Bid that is promoted by a Service user/Farmer Service user and in respect of which a Service Provider can submit one or more entries via the App or Platform.
Contest/Bid Brief: means the document setting out the scope of a Contest/Bid.
Contest/Bid Handover: in respect of a Contest/Bid, means the agreement between the Service user/Farmer and one or more winning Service Provider(s) under which each Service Provider will transfer to the Service user/Farmer ownership of the winning entry or entries.
Dispute Resolution Process: means the process to be followed by Service user/Farmers and Service Providers in accordance with the Dispute Resolution Services.
Entrant: means a Service Provider who has entered a Contest/Bid.
"Farmer Find Me", "we", "our", "company" or "the company" or "us": means Farmer Find Me
Farmer Find Me Verified: Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
Inactive Account: means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
Intellectual Property Rights: means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
Local Job or Local Jobs: means a service we provide to match a Service user/Farmer with a Service Provider in relation to the provision of location specific services.
Milestone Payment: means a payment made by the Service user/Farmer for the provision of Service Provider Services under a User Contract and which will be released in accordance with the section "Milestone Payments" of these terms and conditions.
Project or Listing: means a job offered or awarded by a Service user/Farmer via the Platform, which may include a Project or Contest/Bid listed by a Service user/Farmer, a Project awarded by a Service user/Farmer, a service bought by a Service user/Farmer from a Service Provider, and service awarded by a Service user/Farmer to a Service Provider as a result of a Contest/Bid or competition hosted via the Platform.
Service Provider: means a User that offers and provides services or identifies as a Service Provider through the Platform. A User may be both a Service user/Farmer and a Service Provider under this agreement.
Service Provider Services: means all services provided by a Service Provider.
Farmer Find Me Services: means all services provided by us to you.
"User", "you" or "your": means an individual who visits or uses the Platform, including via the API. User Contract means: (1) this User Agreement; (2) the Privacy Policy as amended from time to time; (3) any other contractual provisions accepted by both the Service Provider and Service user/Farmer uploaded to the Platform, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Platform, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
Platform: means the Platforms operated by Farmer Find Me and available at: FarmerFindMe and any of its regional or other domains or properties, and any related FarmerFindMe service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Platform, you agree to the following terms with Farmer Find Me.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Platform, without notice to you.

The Platform is an online venue where Users buy and sell Services and items. Service user/Farmers and Service Providers must register for an Account in order to buy or sell Service Provider Services and/or items. The Platform enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide.

We may, from time to time, and without notice, change or add to the Platform or the information, products or services described in it. We are not liable to you or anyone else if any error occurs in the information on the Platform or if that information is not current.

2. Platform Regulations and Terms & Conditions

All members who intend to carry out work through the Platform should ensure that their insurance policy is extended to include all work carried out for other members. Any plant hired through the Platform without an operator must be insured for all risks by the Farmer. Ultimately it is up to the owner of the Tractor/machinery to satisfy him or herself that their equipment is adequately insured.
The Farmer should have full insurance cover for employers' and public liability. The level of cover required is a minimum of five million pounds.
Every member must ensure that adequate insurance cover is held throughout the period of platform membership. The member's insurance must cover the activities supplied or received in connection with membership of the Platform. The member undertakes to inform the Platform of any circumstances which alters the insurance cover expressed within the attached Statement of Insurance.
The Farmer will be responsible for damage to Service Provider's machinery if caused by neglect. Those members who operate terms and conditions over and above those of Farmer Find Me, should obtain a signature to such terms from the Farmer or his agent agreeing to all such terms and conditions at or before the delivery of the equipment.
It is the responsibility of the Service Provider to ensure that equipment is mechanically sound and fit for its purpose and that it is fully guarded to comply with health and safety legislation in force at that time. Machine operators, stockmen and other workers should have received adequate training.
The Platform Administration must be notified immediately of any breakdown through the platform procedures. The Service Provider will be given a reasonable length of time for repair but, if necessary, the Platform Administration may arrange for another Service Provider to complete the work. Service provider will only be paid for work completed.
Farmers are required to make a payment of the job to the Platform including the going commission rate at the point the job is accepted by the farmer before scheduling can be completed for the work to commence.
The agreed Work Schedule should registered on the Platform on completion of the work triggering the payment of the work to the service provider less the agreed commission. The Farmers account will be debited straight away on the invoice date. The Service Provider will be credited immediately.
The Farmer Find Me Platform will charge a levy for work done by Service Provider for farmers. Two per cent (2%) will be paid by the Farmer and two per cent (2%) by the Service Provider. This will be changed form time to time and all
All transactions and negotiations in connection with the Machinery Platform must be made through the platform
Service providers will not be allowed to bid for work more than the capacity of their plant to ensure hoarding does not take place as hoarding leads to delays to works being undertaken for the farmers.
Every job allocated for execution will have a field extension officer allocated to it.
Any machinery or equipment breakdowns which exceed 24 hours to be rectified will require a replacement to be found in order to ensure the farmer does not lose out on time.
All works will be undertaken in accordance to the Laws of the Republic of Zimbabwe
An annual membership fee of an amount to be set by the Board is payable by each Member. The Platform will inform each Member of any change in the annual Membership fee one month before such Member's due date for payment. The due date for payment will be the anniversary of the Member's admission to the Platform. The Board may terminate the Membership of any Member who fails to make payment of his fee by the due date. Membership renewal will be made by online mobile payment system.
The Rules of Farmer Find Me Platform may be consulted by any Member on prior application to the Manager.
Members undertaking work that requires certification are reminded that they should ensure that they and their operators hold the appropriate certificate. Members are also reminded that they must be aware of and comply with all the relevant requirements of health and safety legislation. In particular, where machinery supplied with an operator, it should be noted that there are formal mutual obligations between Service Provider and demander relating to the safety of premises, equipment and operating systems.

3. Eligibility

You will not use the Platform if you:

Are not able to form legally binding contracts;
Are under the age of 16;
A person barred from receiving and rendering services under the laws of zimbabwe or other applicable jurisdiction;
Are suspended from using the platform; or
Do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to local laws, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to all eligibility terms and conditions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Farmer Find Me

While using the Platform, you will not attempt to or otherwise do any of the following:

Post content or items in inappropriate categories or areas on our Platforms and services;
Infringe any laws, third party rights or our policies, such as the Privacy Policy
Circumvent or manipulate our fee structure, the billing process, or fees owed to farmerfindme;
Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Platform);
Transfer your farmerfindme account (including feedback) and Username to another party without our consent;
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm farmerfindme, the Platform, or the interests or property of farmerfindme users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
Download and aggregate listings from our platform for display with listings from other platforms without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Platform into any other platform without our prior written authorisation;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform;
Copy, modify or distribute rights or content from the Platform or farmerfindme's copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Platform and we will investigate.