Welcome to Farmhopping.
Farmhopping is an online market place bringing local farmers closer to you. Farmhopping is brought to you by Farmhopping Limited (referred to in these Terms as “we”, “us”, “our”, and "Farmhopping"). We are a limited liability company incorporated in Bulgaria under UIN (Unique Identification Number) 202269859, with a registered office at 4 Gen. Yousif V. Gurko Str., 2nd Floor, Sofia 1000, Bulgaria.
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including through your posting of photos, product reviews and comments) will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Farmhopping if you are legally capable of forming a binding contract with Farmhopping (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of Bulgaria, the laws of England and Wales or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organisation, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that Farmhopping provides are always evolving and the form and nature of the Services that Farmhopping provides may change from time to time without prior notice to you. In addition, Farmhopping may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Farmhopping retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information and interest only. We have no control over the contents of these third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Our Services must not be framed on any other site, and you may not create a link to any part of our Services other than the home page. We reserve the right to withdraw linking permission without notice to you.
In order to register, you are required to provide your name, telephone number, postal address, email address and password. You may also register and login via third party authentication systems including but not limited to Facebook, although Farmhopping may require additional information, such as your phone number. By logging in with Facebook or any other third party social network site, you warrant that you are entitled to disclose to Farmhopping your third party login information without breaching the terms and conditions of the relevant third party social network site. You will be automatically signed up for Farmhopping's newsletter unless you specifically elect not to receive this by un-checking/un-ticking the relevant box on the registration page.
You agree to register with Farmhopping and access and use your account solely for personal use. You may not authorise others to use your account.
You are solely responsible for keeping your registration and other personal details (including your email and password) relating to your account confidential.
You shall promptly notify Farmhopping of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.
You warrant that all registration information and personal details provided to Farmhopping is, and will be, true and accurate.
BUYING PRODUCTS THROUGH FARMHOPPING
Farmhopping is an online marketplace which partners with various local food producers and farms (“Farmhopping Partners”) to give you access to an array of fresh locally produced food items for delivery to a location close and convenient to you.
Farmhopping deliver both to individual customer locations and pick up locations. A “pick up location” is a place in the UK where a group of people, who would like to purchase food from Farmhopping Partners via the Services, live or work, and has either been created or approved by Farmhopping in advance of delivery. To find a pick up location, or create a pick up location, see the Delivery Locations page.
To place an order for goods through the Services (“Order”) open the Order page where you can select the items that you want to purchase by adding them to your cart. Items selected for purchase will be automatically added to your shopping cart on the Services. Once you proceed with your order, the Delivery page will contain details of estimated delivery times (provided the Order is placed by a stipulated deadline) and you will be able to provide your delivery address or select a pick up location.
You will have an opportunity to check and correct any input errors in your Order up until the point at which you submit your Order. Once you elect to process an Order through the online “Checkout” via the Services, you will automatically be referred to the PayPal or Braintree (for credit card payments) website for payment.
All Orders placed by you are subject to acceptance by us. We may choose not to accept your Order for any reason and will not be liable to you or to anyone else in those circumstances. On such occasion, we will contact you to make you aware that your Order has not been accepted as soon as it is possible to do so.
You will receive a confirmation email (to your designated email address listed in your user account) once your Order is submitted, setting out your order reference number and details of the product(s) you have ordered. This confirmation email will signify acceptance of your Order and a legally binding contract will be formed between you and us.
You should contact us via the query form available on our Services or email us at firstname.lastname@example.org in respect of any queries you have in connection with the delivery, refund, exchange or return of any item(s) you Order through our Services.
We accept credit and debit card payments via external payment agents, PayPal and Braintree. Please note if you elect to make payments via PayPal, you will need to have an existing PayPal account, or you will be required to set up a new account. Payments will be made in accordance with the terms and conditions of Braintree or PayPal, as applicable, and we have no liability for any acts or omissions of PayPal or Braintee.
We take reasonable care, in so far as it is in our power to do so, to keep the details of your Order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering through the Services.
Delivery of your Order will be made by the relevant Farmhopping Partner (from whom you have made an Order via the Services) to your address or chosen pick up location.
If you fail to be present for your delivery and no one else is available to accept the delivery at the pick up location, we are entitled to charge you in full for: (1) the cost of delivery, and; (2) where you have ordered perishable items, an amount equal to the price of perishable items contained in your Order. Where no one is available to accept delivery at the provided delivery address or the pick-up location, a notification of delivery will be left and the Farmhopping Partner will telephone you to attempt to rearrange the delivery for an additional delivery fee (and an additional charge for perishable items, if applicable).
If you instruct the Farmhopping Partner to leave a delivery unattended at your delivery address or pick up location, Farmhopping expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen. If you do not pick up the delivery from the pick up location you will still be charged for the goods.
All risk in the products you Order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the pick up location address specified in your Order.
Products are subject to availability and prevailing market conditions. Farmhopping Partners may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in the Farmhopping Partner’s opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, you will be contacted by the Farmhopping Partner and may be offered a substitute.
In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
Delivery charge refunds can only be made in accordance with your legal rights under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134 and other applicable legislation. For further information about your legal rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
Where the supply of your Order is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) the Farmhopping Partner will make every effort to keep you informed but Farmhopping shall be under no liability to you for such delay or failure.
YOUR RIGHT TO CANCEL
Please note that you do not have a right under the CCRs to cancel Orders in respect of food or other perishable items (unless they were damaged or incorrectly supplied goods).
In respect of non-perishable items, you have the right to cancel (in the UK, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCR”), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods you ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the pick up location. Please note the delivery charge refund will be to the value of standard delivery. We will process your refund with 14 days of the Farmhopping Partner receiving the returned products, to the address given by the Farmhopping Partner for returning items. You must take reasonable care of the goods while in your possession and they must be returned to the Farmhopping Partner before we can issue your refund.
If you wish to return non-perishable items that you have ordered, please return your Order together with your name, address, signature and the date you are returning the Order to the address given by the Farmhopping Partner who has supplied the goods to you. Please do not return the items to Farmhopping.
For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau).
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
- Applicability of cancellation rights: Legal rights of cancellation under the CCRs available for UK consumers do not apply to food or other perishable goods. The CCRs also do not apply to any personalised or customised orders or any products with a seal where the seal is broken. Should you wish to cancel your order after your Order is made but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your Order.
- Damaged or incorrectly supplied products: You should check all products you receive against your Order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by email only) within 14 days of delivery of the goods. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
- Damage during the course of returning products: If you choose to return any products to the Farmhopping Partner, neither we nor the Farmhopping Partner will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, [we] reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
- Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied and are non-perishable items, then you must inform us of this within 14 calendar days the day after you receive the goods or services in accordance with the CCR or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel. Products should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, at your cost, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).
This is not intended to be a full statement of all your rights under the CRR. Full details of your rights under the CRR are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
In the case of damaged or incorrectly supplied goods, the Farmhopping Partner may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account or by cheque (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in a particular buyer group in accordance with your Order, you will only be able to exercise this cancellation right if you can return the goods to the Farmhopping Partner.
ACCESSING THE SERVICES
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
CONTENT ON THE SERVICES
All Content you post on the Services (such as any feedback, product reviews, comments, descriptions or photos) is your sole responsibility.
Although Farmhopping does not routinely screen or monitor content posted by users of the Services, Farmhopping reserves the right to do so and to remove any content which violates these Terms (or applicable law) of which Farmhopping becomes aware, but Farmhopping is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.
Farmhopping does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Farmhopping be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
You retain your rights, including copyright and other intellectual property rights, in and to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Farmhopping a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this licence includes the right for Farmhopping to make such Content available to other companies, organisations or individuals who partner with Farmhopping for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Farmhopping, or other companies, organisations or individuals who partner with Farmhopping with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
Farmhopping may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Farmhopping Partners. You understand that your Content may be used, reproduced or displayed by Farmhopping Partners and if you do not have the right to submit Content for such use, it may subject you to liability. Farmhopping will not be responsible or liable for any use of your Content by Farmhopping in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Farmhopping gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Farmhopping, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
All rights (including copyright, trade marks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Farmhopping and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.
Farmhopping is a trade mark of Farmhopping Limited. Both the trade mark and the Farmhopping logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Farmhopping name or any of the Farmhopping trade marks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Farmhopping or the Services is entirely voluntary and Farmhopping will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RESTRICTIONS ON CONTENT AND USE OF THE SERVICES
You shall not use the Services:
- in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
- for any purpose that is not permitted by these Terms;
- in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;
- to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
- in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
- in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
- in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
- to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor’s legal guardian);
- to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- to access, tamper with, cause damage to, or use non-public areas of the Services, Farmhopping’s computer systems, servers or equipment or the technical delivery systems of Farmhopping’s providers;
- to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
- to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- to copy, modify, or distribute any other users' Content without their consent;
- for commercial purposes other than as expressly permitted in these Terms;
- to bypass measures used to prevent or restrict access to the Services;
- to solicit or provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
- to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
- to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind.
Farmhopping reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services or to terminate users. Farmhopping also reserves the right to access, read, preserve, and/or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Farmhopping, its users and the public.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
COMPETITIONS AND PROMOTIONS
Farmhopping may on occasion run competitions or promotions either on its own behalf, for other parties or in conjunction with Farmhopping's partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion.
THE SERVICES ARE AVAILABLE “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, FARMHOPPING AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
Farmhopping makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Farmhopping will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Farmhopping has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Farmhopping makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Farmhopping or through the Services, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
LIMITATION OF LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMHOPPING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
(i) LOSS OF PROFITS, SALES OR CONTRACTS;
(ii) LOSS OF INCOME OR REVENUE,
(iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
(iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;
(v) LOSS OF ANTICIPATED SAVINGS;
(vi) WASTED MANAGEMENT OR OFFICE TIME; OR
(vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITATIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
(i) YOUR ACCESS TO OR USE OF THE SERVICES;
(ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
(iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iv) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
(v) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO THE VALUE OF THE ORDER YOU HAVE PLACED WITH FARMHOPPING.
NOTHING IN THESE TERMS SHALL PREVENT CLAIMS FOR DIRECT FINANCIAL LOSS NOT EXCLUDED BY THE CATEGORIES OF LOSS EXCLUDED UNDER THESE TERMS OR AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where:
(i) we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
(ii) we reasonably suspect that you have not complied with these Terms; or
(iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
WAIVER AND SEVERABILITY
The failure of Farmhopping to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
These Terms are the entire and exclusive agreement between Farmhopping and you regarding the Services (excluding any services for which you have a separate agreement with Farmhopping that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Farmhopping and you regarding the Services. Other than members of the group of companies of which Farmhopping is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Farmhopping may revise these Terms from time to time, the most current version will always be at www.farmhopping.com/legal/terms. If the revision, in Farmhopping’s sole discretion, is material Farmhopping will notify you via an e-mail to the email associated with your account. By continuing to access the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Farmhopping Ltd., 4 Gen. Yousif V. Gurko Str., 2nd Floor, Sofia 1000, Bulgaria. If you have any questions about these Terms, or wish to make a complaint about material posted on the Services, please contact us at firstname.lastname@example.org.
Effective: December 1st 2014