Conditions

Please read these Terms and Conditions, which set forth the legally binding terms and conditions for your use of the services (the “Service”) offered by ULTIMATE FARMER LTD; (CrowdFarmer or the Company) and the website: www.ultimatefarmergh.com. Signup use of this Service is based on your voluntary acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors of our website and users of the Service and all applicable laws and all conditions or policies referenced here (collectively, the “Terms and Conditions”) By accessing or using the Service, you agree to be bound by these Terms and Conditions.

SERVICE

Ultimate Farmer Ltd's farm management and crowdfarming is an innovative, integrated and multifaceted agricultural services using principles of sustainable agriculture, contract and cooperative farming as well as technology (Internet of Things “IOT”) for an integrated platform to mobilize resources into sustainable agriculture production. This system of farming is to give interested individuals or entities the opportunity especially those who due to lack of needed resources are deprived of the benefits of modern-day agriculture as a profitable business in a new and smart way with least efforts. Our target farmers are women and youths, working class, retirees, the corporate world, students, persons living outside the country (Ghanaians, African Diasporas and non-Africans) etc. A cooperative farming service based on the principles of sustainable agriculture  that result in;

  • Climate change mitigation and safe environment
  • Guaranteed income, food and nutrition security
  • Guaranteed returns on subscriber's investment
  • Guaranteed extra avenue for revenue generation for subscribers.
  • Guaranteed health provisions through the production and supply of  chemical residues free agricultural products.

Crowd-Farming starts from the planning, executing the cooperative farm to selling of the farm produce to off-takers at market price for fair returns on investments.

Definitions

In these Terms and Conditions, we refer to users of the service as “Subscriber". Information about happenings and progress reports on the farms are referred to as “Updates”. “Farming Season” refers to the period from planting or starting of livestock till sale of produce. The website to monitor, communicate and participate in the service is referred to as “Platform”. "Investment Agreement" refers to the legal binding document Subscribers and Campaign Manager(ULTIMATE FARMER LTD).

Accounts (Sign Up and Tickets)

Signing up is a term that refers to joining the service. Users are required to provide information that is accurate, complete and traceable. The User after providing signup information is given a user ID referred here as (Subscriber's-ID) which is a unique identifier of the User under the service. Ticket refers to the basic unit with which a user can join a farm under the service. The Tickets sizes are determined by the company and made available for users on the website for choosing. Users choose and make payments to complete the signup process. Users are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Failure to do so constitutes a breach of the Terms and Conditions, which may result in closure and termination of your account and subscription on the Platform and of the Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Subscription Term

The user after purchasing the mandatory Share Capital becomes member-owner of SANCOSOD; a Special Purpose Vehicle (SPV) for ULTIMATE FARMER  and eligible to  signup and making payments for chosen tickets becomes a Subscriber of the service termed as Crowd-Farmer and is required to join any of the campaigns put on the service for subscription.

The Subscriber will receive periodic Updates on the status of his or her subscription by email or text message. The Updates may also be available on the Website accessible with your ID. You are expected to review all notifications, updates and reports from the company as they represent a record of information pertaining to your contribution during a Campaign season.

You are entitled to a physical visit to the farms or project sites you are subscribed to, at any time of your choice during working hours, however you must show your ID to be given permission to enter. Campaign sites tours or visits with families and friends is permitted on condition of at least Two (2) weeks notice prior to visit indicating number of visitors making the visit to schedule a visit. The company will also organize farm or project sites tours and visits as at when necessary and Subscribers will be notified Two weeks or earlier for participation. All tours will be accompanied by Authorized Officers of the company.

Your subscription fee will cover all expenses on your farm(s)/tickets from land acquisition, documentations, land preparations, inputs or stocking (animals), planting, farm management, harvesting through selling to your returns payment.  All costs are included in your tickets.

You agree that by subscribing to a campaign, your contribution is tied and unavailable for the entire duration of the Campaign season and the company will not be able to refund your contribution until the successful completion of a farming season or production year.

Subscribers with their own land are not eligible for the Crowd-Farming subscription. They shall be entitled Customized Subscription upon mutual consent.

Profit or Return Determination and Payment

Profits or returns from a successful farming season or Production year is determined when the produce is harvested and sold or the animal(s) is/are sold and all expenses deducted after sales i.e. upon completion of the Farming season. Net profit or returns shall be remitted to the users receiving funds-account provided to the company on the service-memo(Investment Agreement)physically signed by the user and the company.

Profit or returns on a successful Crowdfarming Campaign shall be paid as stipulated on subscription invoice and Investment Agreement unless otherwise there is natural disasters where insurance will be sort for.

Losses.

Losses applicable in this agreement shall be as a result of natural disasters beyond the company's control such as climate change, bush fires, flooding, disease and pest outbreak. Losses as a result of man-made or negligence on the part of company shall be borne by the company(ULTIMATE FARMER LTD).

Duration of Tickets.

A minimum of Three (3) years subscription is permitted. Early withdrawal of funds will be deemed breach contract which will attract a penalty of 30% of a Subscriber's total funds retained by the company. Subscriber is required to provide a written notice of withdrawal of funds to be acknowledged also in writing by the company Three (3) prior to withdrawal.

However, at the end of a successful Campaign season or in the event of natural disaster which may affect Subscriber's farm, the Subscriber is entitled to a "Roll-Over" in a different farm or same farm(re-farm) for the next season for a new Duration subject to that services terms & conditions.

You acknowledge that you do not own any of the farms cultivated and are only entitled to your tickets and/or a part of the proceeds of any Farming season you participate in.

 

Intellectual Property

The Service and its original content, features and functionalities are and shall remain the exclusive property of ULTIMATE FARMER. The Service is protected by copyright, trademark, and other laws of The Republic of Ghana. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ULTIMATE FARMER. If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.

Link to others website

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that   ULTIMATE FARMER shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit

Termination

We may terminate or suspend your account, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may also simply discontinue using the Service. Should the service be terminated by the Subscriber(Crowd-Farmer), a penalty by cash of 30% of the total subscription contribution for the cooperative shall be charged, with the balance of subscription contribution to be distributed to the Subscriber according to the proportionate share. Ref: Duration of Tickets

Insurance.

We promise you of insurance for your subscription in collaboration with an accredited and reliable insurance company. In the event that we insure our farms and where ULTIMATE FARMER make a claim under the insurance policy, and the insurance claim is settled by the insurance company, Management shall pass on the benefits of such claims to Subscribers in the proportion of their Subscription Contribution in any affected Farm. Subscribers will get up to 90% of their initial investment back upon any natural occurrence that affects the success of their farms.

Indemnity

Subject to our Insurance condition and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of a farm to yield according to expectations You agree to indemnify and hold harmless the Company, any farmer, and all our other agents or subcontractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

Limited to Liability

In no event shall Ultimate FARMER, their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing law

These Terms are constructed and to be governed in accordance with the laws of The Republic of Ghana, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Any disputes arising between the user and the company as a result of this service shall be settled by provisions under this terms and conditions and only if unsettled shall proceed to arbitration in accordance with the rules of the Ghanaian laws of Arbitration, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.

Changes to Terms and Conditions

ULTIMATE FARMER rserves the right, in their sole discretion, to change the Terms under which the service is offered. The most current version of the Terms will supersede all previous versions. The company encourages you to periodically read the Terms and Conditions to stay informed on all updates.

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