Terms and Conditions - User
This agreement is made between you (the “user” which may otherwise for the purpose of this terms and condition may be additionally referred to as “you” or “your”) of this website (“foodstantly.com” which may otherwise for the purpose of this terms and condition may be referred to as “site” or “website” or “we”) and Agrovative Limited (owners and operators of foodstantly.com). Your acceptance of these terms and conditions is deemed to occur on your first use of this website and to continue in respect of each and every subsequent use of the website, including any sub domains of this website unless expressly excluded by its respective; terms and conditions.
1.0. Accceptance of terms and conditions
1.0. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
1.2. This User Agreement and all policies and terms incorporated by reference is binding on you and constitute the entire agreement between you and Foodstantly.com .You understand that by checking the box and/or clicking the "submit" button, or by using this website, you agree to be bound by this agreement. If you do not accept this agreement in its entirety, you may not access or use websiteans should stop using Foodstantly immediately.
1.3. If you agree to this agreement on behalf of an entity other than you, you agree, represent and warrant that you have the authority to bind that entity to this agreement.
2.0. Purpose of Foodstantly.com
2.1. Foodstantly.com is an online marketplace for the buying, selling,delivery and discovery of farm fresh food and cooked food. We connect Farmers and Restuarants to consumers and additionally offering delivery of their respective produce.
3.1. To use Foodstantly, You must be at least 18 (eighteen) years old or have legal capacity to enter into a legally binding contract.
3.2. We shall have absolute discretion as to whether or not we accept a particular human or corporate person for participationpr membership in Foodstantly.com.
4.0. Your Access
4.1. Foodstantly grants you a limited, revocable,non-sublicensable, non-exclusive license to access the Services provided by Foodstantly and listing for your own personal and limited commercial use. Limited commercial use to the extent that it only permits you to either buy and sell farm fresh food or cooked food to consumers.This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data gathering and extraction tools for any purpose unless expressly permitted by Foodstantly.com.
4.2. Foodstantly may use all available legal remedies to prosecute any violation of its intellectual property rights contained herein or pending.
5.0. Opening of Accounts
5.1. To use Foodstantly.com and participate in the marketplace you must be a member by registering an Account.You agree to and accept to provide true,accurate,correct and complete information as required for the registration process.And you agree and accept to update this information and to maintin its truthfulness,correctness accuracy and completeness throughout your membership and use of Foodstantly.com.
5.2. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
6.0. Identity/Account Authentication
6.1.All information associated with an Foodstantly.com User account must be real and verifiable.
6.2. User agrees and accepts that Foodstantly.com may undertake User's Identity and User authentication/verification and due diligence or ask for information or investigations to validate identity of user and to validate authenticity of identity and activity on Foodstantly.com.
6.3. Foodstantly reserves the right to suspend, close or restrict Users access or use of Foodstantly.com for inability to obtain or verify satisfactorily the information required.
7.1. The content of Foodstantly.com, including any advertisement, newsletter, reccommendation on the website is provided solely for information and general non-advisory purposes.It is recommended that User should use their best effort to confirm such content with a professional in the applicable field(s).No information provided by other Users or Foodstantly should be considered professional, technical, financial, legal or specificic for a particular field(s).Users should use common sense and good judgment in relying on posted contents .
7.2. No part of any content posted in Foodstantly.com may be reproduced by the user without the written permission ofAgrovative Limited.
7.3. The User is solely responsible for all content or any other information posted on Foodstantly.com.HoweverFoodstantly does not warranty the actual availability of items or contents posted in the website and these warranty cannot be implied.
7.4. Foodstantly reserves the right but not the obligation to take appropriate action as regards User posted content including right to reject,modify,dis-allow,suspend,place on pending ,investigate or approve Users content at the sole discetion of Foodstantly.com site Administrators or otherwise .
7.5. User agrees, represents and warrants that User's content: (a) will not infringe upon any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or libellous or slanderous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual or listing subject to permissions granted by Foodstantly; and (f) will not contain any viruses,spyware,malaware,codes,scripts or other computer programming codes that are intended to damage, interfere with, intercept or expropriate any system, data or personal information contained in Foodstantly.com.
7.6. User agrees that by submitting User content to Foodstantly.com (including, but not limited to creating UserAccount;Profiles,Listings, portfolio, reviews,feedback,testimonial,communications on Foodstantly.com), you hereby grant to Foodstantly.com a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide.
7.7. The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video,animation,feedback,logo,trademark, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, content,mediaor services obtained from or through this Site. Additionally, you agree not to:
7.8. It is our policy to respond to genuine and clear notices of alleged infringement of copyrights.
8.0. User Responsibility
8.1. As a User your responsibility to other Users is set out here and in any other agreement or policies we may specify
9.1. We make no warranty or representation that Foodstantly.com will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, or that it will be secure.
9.2. Whilst every reasonable endeavour has been made to ensure that all information provided on Foodstantly.com will be accurate and up to date we make no warranty or representation that this is the case and makes no guarantee of any specific results from the use of this website.
9.3. No part of Foodstantly.com is intended to constitute advice and the content of this website, including any opinions expressed within the content and/or information provided by any third party, should not be relied upon when making any decisions or taking any action of any kind.
9.4 .Where reference is made within the content of Foodstantly.com to specific or general products, these references are made solely for information purposes and no representation is made as to the suitability of these products or their availability within different jurisdictions.
9.5. Whilst every reasonable effort has been made to ensure that any and all descriptions of services available from Foodstantly.com are accurate we are not responsible for any variations from these descriptions.
10.0. WARRANTY DISCLAIMER.
10.1. Foodstantly.com makes no express representations or warranties with regard to the services provided by Foodstantly.com, lisitings, thewebsite, contents posted, or any activities or items related to this agreement, to the maximum extent permitted by law, Foodstantly.com disclaims all express or implied conditions, representations and warranties including but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.0. Intellectual Property
11.1. All content included on Foodstantly.com, unless uploaded by the user, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, tutorials, page layout,digital downloads underlying code and software is the property of Agrovative Limited or its suppliers/partners and are protected by National and international copyright laws.
11.2.Foodstantly and its logos,and other applicable services marks and intellectual property and Foodstantly.com are Trademarks of Agrovative Limited.
12.0. By continuing to use Foodstantly.com you acknowledge that the material referred to in clause
12.1. is protected by applicable National and International intellectual property and other laws.
12.2. You may not use any meta tags or any other "hidden text" utilizing "Foodstantly.com" or any other name, trademark, or product name of Foodstantly.com without written permission from Foodstantly.com or its parent company. All copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, pictures, sound files and other files, and the selection and arrangement thereof are owned by Proprietary and protected by Intellecutual Property Law.
13.0. Web Site links
13.1. Foodstantly.com may contain links to other sites. Unless expressly stated these sites are not under the control of Agrovative Limited and we assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
13.2. The inclusion of a link to another site on Foodstantly.com does not imply any endorsement of the sites themselves or of those in control of them.
14.1. We accept no liability for any disruption or non-availability of the web site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions,Denial of Service Attacks and censorship.
14.2. We give no warranty that Foodstantly.com will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
15.0. Limitation of Liability
15.1. Our Liability for any direct or indirect loss or damage, foreseeable or otherwise including any indirect, consequential, special or exemplary damages arising out of our breach of these terms and conditions shall be limited to the value of a user's purchase or users actual financial expenditure on the site, if any.
15.2. For all other direct or indirect loss or damage, foreseeable or otherwise including any indirect, consequential, special or exemplary damages arising from the use of Foodstantly.com or any information contained therein, to the maximum extent permitted by law, We accept no liability to either the user or any third party.
15.3. Users should be aware that they use Foodstantly.com and its content at their own risk. Nothing in these terms and conditions excludes or restricts liability for death or personal injury resulting from any negligence or fraud on the part of AgrovativeLimnited.
16.0. Other Policies
17.2. You further acknowledge and agree that Foodstantly.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or other administrative order or otherwise in order to enforce the Terms of Conditions or other agreements; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information of a third party has been posted without consent; protect the rights, property, or safety of Foodstantly.com, its users or others.
18.1. Each User shall indemnify, defend and hold harmless Agrovative Limited iand its subsidiaries, affiliates, officers, agents, employees, representatives and agents from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any action or omission by User(s) or third party .
18.2. You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our partnersand their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Terms and Conditions or your violation of any law or the rights of a third party.
19.0. Independent Contractor
19.1. Each User acknowledges and agrees that the relationship between Users is that of independent contractors and also relationships between Users and Foodstantly is that of independent Contractor . Nothing in this Terms and Conditions creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between Foodstantly and any User.
20.0 Amendment of Terms
20.1. This terms may be amended or modified by Foodstantly.com without prior notice to User.An amended or modified Terms and Conditions becomes effective the moment its is posted to Foodstantly.com.
21.0. Applicable Law and Jurisdiction
21.1. These terms and conditions and the relationship between you, the user, and Agrovative Limited shall be governed by and construed in accordance with the Laws of Federal Republic of Nigeriaand both parties submit to the exclusive jurisdiction of the High courts of Rivers State of Nigeria.
23.1. The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
23.2. This Agreement may be assigned by Foodstantly.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Foodstantly.com. In the event of any sale or transfer you will remain bound by this Agreement.
23.3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
23.4. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect that breach or to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
23.5. In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise