Farm Flo Limited (1) Privacy Policy and (2)
Terms of Use. Last
Updated 10th May 2021
Farm Flo Limited (“we”, “us” or
“our”) are committed to protecting and respecting your privacy
This policy, together with our
terms of use found below (see 2. Terms of Use) and any other documents
referred to in it, sets out the basis on which any personal data we collect
from you, or that you provide to us, or that an organisation with a Subscriber
Agreement governing your use of the Services, who has in turn invited you to
access your data on a Farmflo website, provides to us will be processed by us.
Please read the following information carefully to understand our views and
practices regarding your personal data and how we will treat it.
For the purpose of the General Data
Protection Regulation (GDPR), The
data controller is the organisation that has entered into an agreement with
Farmflo and has invited you to access a Farmflo website e.g. xxxxxx.farmflo.com
Please refer directly
to the data
controller for a copy of their separate privacy policy to
explain how the data controller uses the personal data it
has collected from you.
For the purpose of the General Data
Protection Regulation (GDPR), in limited
purpose cases such as holding your details such as email address required to
grant you access to an
organisation with a Subscriber Agreement governing your use of the Services, Farmflo
website, the
data controller is Farm Flo Limited, Dooish, Newtowncunningham, Co Donegal,
Ireland.
Topics:
•
What data do we collect?
•
How do we collect
your data?
•
How will we
use your data?
•
How do we store your data?
•
Marketing
•
What
are your data protection rights?
•
What are cookies?
•
How do we use cookies?
•
What types of cookies do we use?
•
How to manage your cookies
•
Privacy policies
of other websites
•
Changes
to our privacy policy
•
How to contact
us
•
How to contact the appropriate authorities
Farm
Flo Limited collects the following data:
•
Personal identification information (Name, email address,
phone number(s), postal address, post code etc.)
•
Details
in relation to agreements and contracts for supply that you have with the data controller
•
Information
that you provide us by completing forms on our sites http://www.farmflo.com and (which you may be
accessing using a custom domain name e.g. http://www.abcxyz.farmflo.com), (“our
sites”). This includes information provided at the time of registering to use
our sites or subscribing to our services, including contact details such as
name, email address and phone number.
•
Information
regarding your usage of our sites in accordance with the Terms of Use which
states, for the avoidance of doubt, that we do not have access to your Content
save by express approval by you, allowing us access to your Content through
methods such as, but not limited to, an invitation to us by you to join one or
more of your workspaces.
•
Information
that you provide to us by completing surveys on our site or as carried out by
our approved third parties.
•
If
you contact us for customer or technical support, we may keep a record of that
correspondence or conversation.
•
Information
we receive from third party search engines such as but not limited to Google,
Yahoo and Microsoft (Bing and MSN) relating to your search activity.
•
Details
of your visits to our site including, but not limited to, traffic data,
location data, weblogs and other communication data and the resources that you
access.
The data controller, being an
organisation with a Subscriber Agreement governing your use of the Services provides Farm Flo Limited with
most of the data we collect.
We also collect data and process data when you:
•
Register online as an end user member or return to use any of our online
services.
•
Voluntarily
complete a customer survey or interact on any of our message boards
or via email.
•
View
or use our website and web applications
via your browser's cookies.
Farm Flo Limited collects
your data so that
we can:
• Provide our services and features to
you and measure and improve those services and features and provide you with
customer and technical support.
• Contact you with any
service-related announcements from time to time.
• Ensure that content from our
site is presented in the most effective manner for you and for your computer.
• Carry out our obligations
arising from any contracts entered into between you and us or an organisation
with a Subscriber Agreement governing your use of the Services and us.
Farm Flo Limited securely stores
your data on behalf of the data
controller, at Data Centers in the U.K. with automated
security audit and alert systems.
Farm
Flo Limited will keep your personal data for the duration of our agreement with the
data
controller. Once this agreement has expired,
we will delete
your data by
promptly removing it and any copies of it from our data bases.
Farm Flo Limited will
not send you information about products and services of ours or of our partner
companies unless you have opted in for such communications.
Farm
Flo Limited would like to make sure you are fully aware
of all of your data protection rights. Every
user is entitled to the following:
The right
to access - You have the right to make a request to the data
controller for copies of your personal data. Farm
Flo Limited may charge a
small fee for this service.
The right to
rectification - You have the right to request
that the data controller correct any information you believe is inaccurate. You also have the right
to request the data controller to complete information you believe is incomplete.
The right to
erasure - You have the right to request that the data controller erase your personal data, under certain
conditions.
The right to restrict processing - You have the right to request that the data controller restrict the processing of your
personal data, under certain conditions.
The right to object to processing - You have the right to object
to Farm Flo Limited's processing of your personal data on behalf of the data
controller under certain conditions.
The right to data
portability - You have the right to request
that the data controller transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request,
we have one month
to respond to you. If you would like to exercise any of these rights, please contact the data
controller or contact us at:
Email: support@farmflo.com Call: +353
21 4933067
Cookies are text files
placed on your computer to collect
standard Internet log information and visitor behavior information. When you visit our websites
and use our services, we may collect information from you automatically through cookies or similar
technology. For further information, visit: allaboutcookies.org
Farm Flo
Limited uses cookies in a range of ways to improve your experience on our website, including:
•
Keeping you signed
in and recording your language preference
•
Understanding how you use our website
•
Logging
errors and load balancing
There are a number
of different types of cookies,
however, our website
uses:
•
Functionality
Cookies - Farm Flo Limited uses these
cookies for logging errors, load balancing and so that we recognize you on our website
and remember your previously selected
preferences. These could include what language you prefer and location you
are in. A mix of first-party and third-party cookies are used.
•
Analytics
Cookies - Farm
Flo Limited uses these cookies to track and report website usage
You can set your browser
not to accept cookies, and allaboutcookies.org
tells you how to remove
cookies from your browser. However, in a few cases, some of our website
features may not function as a result.
The Farm Flo
Limited website may contain links to other websites. Our privacy policy applies
only to our website,
so if you click on a link to another website, you should read their
privacy policy.
Farm Flo Limited keeps its privacy
policy under regular
review and places
any updates on this link. If we make any changes to this
Policy, we will change the “last updated” date at the top of this document. If
there are material changes to this Policy, we will notify you more directly. We
encourage you to check this Policy whenever you use our sites and services to
understand how your personal information is used.
If you have any questions about the data controller’s privacy policy,
the data we hold on you
on their behalf, or you would like to exercise
one of your data protection rights, please contact
the data controller
directly.
If you have any questions about Farm
Flo Limited's privacy policy,
the data we hold on you, or you
would like to exercise one of
your data protection rights,
please contact us.
Email
us at: support@farmflo.com Call us: +353 21
4933067
Or write to
us at: The Compliance Officer,
Farm Flo Limited, Building 1, University
Technology Centre, Curraheen Road, Cork, T12 AY18,
Ireland.
Should you wish to report a complaint or if you feel that Farm
Flo Limited has not addressed your concern in a satisfactory manner,
you may contact
the Data Protection Commissioner's
Office by post or online at: Data Protection Commission 21 Fitzwilliam Square South Dublin 2, D02 RD28
Ireland
Online at https://www.dataprotection.ie/
This agreement (“Terms of Use”)
between Farm Flo Limited (“us” or “we”) and you governs
your use of the Services (as defined below). We reserve the right to modify,
supplement or amend these terms of use from time to time in our discretion.
Each time you access the Services you agree to these terms and conditions as
they may be amended from time to time. To the extent you use the Services as an
agent or employee or customer or supplier of any organisation that has a
separate Subscriber Agreement governing your use of the Services with Farm Flo
Limited or its affiliate(s) for the provision of the Services.
1. THE
SERVICES
In these Terms of Use, “Farmflo”
refers to Farm Flo Limited, a company organized under the laws of the Republic
of Ireland with offices registered at Dooish, Newtowncunningham, Co Donegal,
Ireland. The “Services” means, collectively, the computer applications,
interfaces, software, programs, products, services and websites provided or
made available by Farmflo and its affiliates, which you may use for, among
other things, uploading, posting, storing and sharing Content (as defined
below).
2. USE OF
SERVICES
2.1 Subject to the within Terms
of Use, Farmflo grants you a limited, non-exclusive licence to utilise the
Services so long as (i) you are eligible to form a binding contract or are
invited to use Farmflo by an entity eligible to form a binding contract and
(ii) you are not barred from receiving the Services under Irish law or other
applicable law. In order to access and/or use the Services, you may be required
to provide current, accurate, identification, contact and other information as
part of the registration process and/or continued use of the Services, and you
will be responsible for maintaining the accuracy and completeness of such
information. You may be assigned a username and/or existing email address and
password (collectively, “Account ID”), for you to access or use the Services,
or to modify your account settings and Content. You are responsible for
maintaining the confidentiality of your Account ID and, accordingly, will be
fully responsible for all activities that occur under your account, including
activities of others to whom you have provided your Account ID. You agree to
immediately notify us of any unauthorised use of your Account ID, account or
any other breach of security. We will not be liable for any loss or damage
arising from your failure to provide us with accurate information or to keep
your Account ID secure.
3. POSTING
CONTENT; USER CONDUCT
You acknowledge and agree that
all information, data, text, photographs, images, files, software, sounds,
recordings, graphics, video, messages, tags and other materials, in whatever
form and technical structure, whether publicly posted or privately transmitted
or stored using the Services (“Content”), are the sole responsibility of the
person(s) originating such Content and introducing such Content into the
Services. We reserve the right, but shall have no obligation, to pre-screen,
reject, review, quarantine, delete or move any Content posted or submitted to
the Services, without obligation to any person.
You agree that you are
responsible for your own conduct and all conduct under your account, and for
all Content that is created, stored, shared or published by anyone using your
Account ID with the Services and for any consequences arising as a result
thereof. You agree to use the Services only for purposes that are legal, proper
and in accordance with these Terms of Use, and all applicable laws and
regulations in the relevant legal jurisdictions. Without limiting the
foregoing, you represent and warrant to Farmflo that you have the rights and
authority to submit your Content to Farmflo in connection with your use of the
Services, and such submission and publication of such Content through the
Services does not and will not infringe the rights of any person or third
party.
You
further agree to NOT:
·
use our products or the Services for illegal
purposes or for promotion of dangerous activities;
·
impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with Farmflo or any other person or
entity;
·
upload, post or otherwise transmit any Content that
you do not have a right to transmit under any law or under contractual duties
(such as insider trading regulations, internal corporate policies or
nondisclosure agreements);
·
upload, post or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
·
upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
·
interfere with or disrupt the Services or servers or
networks connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected or applicable to the Services;
·
violate through use of the Services any applicable
local, state, national or international law;
·
“stalk” or otherwise harass another person or user
of the Services, or take any action invasive to another’s privacy (by posting,
for example, another’s photograph, address, email, phone number or any other
contact information) without permission from such other person;
·
promote or provide instructional information about
illegal activities, promote physical harm or injury against any government,
legal entity, group or individual;
·
solicit passwords or personal identifying
information from other users for unintended, commercial or unlawful purposes;
·
exceed the scope of the Services you (or your
employer or principal pursuant to an Subscriber
Agreement) have signed up for, for example, accessing and using non-public
portions of the website, groups or features that you do not have a right to
use, or deleting, adding to or otherwise changing another person’s entries or
other Content when you have not been granted the right to do so;
·
access (or attempt to access) any of the Services
by any means other than through the interface(s) provided by Farmflo, or access
(or attempt to access) any of the Services through any automated means
(including use of scripts, web crawlers or the like) or otherwise engage the
Services in a manner reasonably likely to be harmful to the systems operating
the Services or the access or use of the Services by others;
·
reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion or use of, or access to, the
Services; and
you further agree NOT to upload
or display publicly Content that:
·
contains nudity, sexually graphic material, or
material that is otherwise deemed explicit by Farmflo; or
·
contains threatening, abusive, harassing,
defamatory, libellous, invasive, hateful, or racially, ethnically or otherwise objectionable.
If
you encounter any of these prohibited uses, we encourage you to report them to
us immediately.
4. PRIVACY POLICY
Our Privacy Policy is published at
the top of this document (See (1) Privacy Policy). By using the Services, you
acknowledge, accept and agree with all provisions of the Privacy Policy,
including, without limitation, our use of your Account ID and your Content in
accordance with such Privacy Policy.
5. PROPRIETARY RIGHTS, LICENCES AND LIMITATIONS
Farmflo Rights
You acknowledge and agree that
Farmflo (and any licensors to Farmflo) own(s) all legal right, title and
interest in and to the Services, including, without limitation, all software
comprising a part of the Services that is either hosted on Farmflo’s
servers or deployed by you or a third party to enable creation and management
of your account, including uploading of Content to, and display of Content
within, the Services (the “Software”), and all intellectual property rights
therein (whether registered or not and wherever existing in the world). You
further acknowledge and agree that the rights in the Services, including all
intellectual property rights, are protected by one or more of copyright,
trademark, patent, trade secret and other laws, regulations and treaties, in
addition to these Terms of Use. Except for the limited license rights
specifically granted to you in these Terms of Use, Farmflo and its suppliers
own and shall retain all rights, title and interests, including, without
limitation, intellectual property rights, in and to the Services and all
Software utilised therein (and all copies thereof and related materials that
are delivered or made available to you with the Services).
Without limiting the generality
of the foregoing, you agree not to access, use, copy, reverse engineer, create
derivative works from, share or assist any third party to use the Services or
any component thereof to design, create, program, market or promote any
product, software or service in competition with Farmflo (including but not
limited to independent or internal networks).
In order to enable Farmflo to operate the Services, we must obtain from you
certain licence and other rights to the Content you submit (so that our
processing, maintenance, storage, technical reproduction, back-up and
distribution, and related handling of your Content does not infringe applicable
copyright and other laws). Accordingly, by using the Services and posting
Content, you grant Farmflo a licence to display, perform and distribute your
Content, and to modify (for technical purposes) and reproduce such Content to
enable Farmflo to operate the Services. You also agree that Farmflo has the
right to elect not to process, post, store, display, publish or transmit any
Content in our sole discretion. You agree that these rights and licences are
royalty free, irrevocable and worldwide, and include a right for Farmflo to
make such Content available to, and pass these rights along to, others with
whom Farmflo has contractual relationships related to the provision of the
Farmflo Services, solely for the purpose of providing such services, and to
otherwise permit access to your Content to third parties if Farmflo determines
such access is necessary to comply with its legal obligations or to:
respond to your requests for
service;
enforce this Agreement;
respond to claims that your
Content violates the rights of third parties; or
protect the rights, property, or
personal safety of us, other Users, or the public.
Where we are required to access
and disclose your account information and Content, Farmflo will, to the extent
we are permitted to do so, give you as much notice of this disclosure as
possible.
Except for the limited licence and other rights granted to us in these Terms of
Use, you retain all of the rights you had in your Content before you submitted
it. If you invite and enable others to view or have access to the Content you
store within the Services, then you are enabling each of those permitted users
of the Services access to such Content, and Farmflo shall not be responsible
for any duplication, publication or other use of such Content by such users.
By submitting to Farmflo any
feedback, comments, ideas, suggestions, documents and/or proposals through the
“Contact Us” interface or otherwise (collectively, “Contributions”), you
acknowledge and agree that:
·
your
Contributions do not contain confidential or proprietary information;
·
Farmflo
is not under any obligation of confidentiality, express or implied, with
respect to the Contributions;
·
Farmflo
shall be entitled to use or disclose (or choose not to use or disclose) such
Contributions for any purpose, in any way, in any media worldwide;
·
Farmflo
already may possess or have received or considered something the same as or similar
to the Contributions;
·
your
Contributions automatically become the property of Farmflo without any
obligation of Farmflo to you; and
·
you
are not entitled to any accounting, compensation or reimbursement of any kind
from Farmflo for Contributions.
Your “Content”, as defined and
used in these Terms of Use, does not include Contributions.
Your Rights
Farmflo hereby grants you a
personal, worldwide, royalty-free, non-assignable and non-exclusive licence to
use the Software provided to you by Farmflo as part of the Services as provided
to you or an organisation with a Subscriber Agreement governing your use of the
Services who has invited you to access Farmflo, by Farmflo for the sole purpose
of enabling you to use and enjoy the benefit of the Services as permitted by
these Terms of Use, until your rights are terminated in accordance with these
Terms of Use or the Subscriber Agreement governing your use of the Services.
As indicated above, you retain
copyright and any other rights you already hold in Content which you submit,
post or display on or through, the Services. Other than the limited licence and
other rights you grant in these Terms of Use, Farmflo obtains no right, title
or interest from you (or your licensors) under these Terms of Use in or to any
Content that you submit, post, store, transmit or display on, or through, the
Services, including any intellectual property rights which subsist in that
Content (whether those rights happen to be registered or not, and wherever in
the world those rights may exist). You agree that you are solely responsible
for protecting and enforcing those rights and that Farmflo has no obligation to
do so on your behalf.
Copyright notices in the United
States
We will not knowingly publish
content in violation of applicable copyright law. If you believe content has
been displayed, reproduced, printed or otherwise distributed by us through this
website in violation of any third party copyright,
please notify us in writing. Send your notice to Farm Flo Limited., Dooish,
Newtowncunningham, Co Donegal, Ireland attention: Legal Officer, and include
the following:
·
electronic
or physical signature of a person authorized to act for the copyright owner
·
description
of the copyrighted work
·
description
of where the infringing content is located on this website
·
your
office or home address, telephone number and email address
·
a
statement of good faith belief that the use of the work is not permitted by the
copyright owner, and
·
a
statement under penalty of perjury that the above is true and you are
authorized to act for the owner.
6. PROVISION OF SERVICES; MODIFICATIONS
We retain the right to implement
limits on the amount of storage available to you, the number of users with whom
you may share Content, the nature of Content permitted to be uploaded or
displayed, and other limitations at any time. Farmflo may engage certain
affiliates, subcontractors or other third parties to provide all or part of the
Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you
acknowledge that in using the Services to send message or transmit other
Content, you will be causing communications to be sent through computer
networks owned by Farmflo and third parties that are located throughout Ireland
and other countries. In performing the required technical steps to provide the
Services to our users, Farmflo may make such changes to your Content as are
necessary to conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media.
We reserve the right at any time
and in our sole discretion to modify or discontinue, temporarily or
permanently, the Services or any part thereof (including Software), with or
without notice. We may take any measures we deem necessary or appropriate in
connection with operation of the Services, including for maintenance or security
reasons, which may affect availability of the Services. You agree we shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of any part of the Services. Farmflo may install software
updates from time to time with the intention of improving, enhancing, repairing
and/or further developing the Services, and you agree to permit us to deliver
these to you (and you to receive them) as part of your use of the Services.
7. COMPLIANCE WITH LAWS
You acknowledge and agree that
your access to and use of the Services may be subject to applicable foreign,
national and/or local laws, ordinances, rules, and regulations, as well as the
rules and regulations of non-governmental regulators such as the Financial
Services Authority (each such agency, a “Regulatory Agency”). You agree to
comply with all laws, ordinances, rules, regulations, and/or requirements
imposed by any government or Regulatory Agency on your use, transmission, and
disclosure of any data or information via the Services. You also represent and
warrant that any data, media, or other content you disseminate through the
Services does not violate the intellectual property rights or other proprietary
rights of any third party.
8. TERMINATION
Farmflo may terminate the Services,
or your access to or use of the Services or your account, with or without
notice. Reasons for Farmflo terminating your account or the Services include,
without limitation:
·
breach
or violation of these Terms of Use,
·
your
request or self-effecting account deletion,
·
breach
or termination of the Subscriber Agreement governing your access to the
Services,
·
non-payment
of any fees or other sums due to Farmflo or any other party related to your use
of the Services,
·
requests
by law enforcement or other government agencies,
·
the
discontinuance or material modification to the Services (or any part thereof),
or
·
unexpected
technical or security issues or problems
9. LINKS
We may include the use of third party resources and/or links to third party websites
as part of the Services. We have no control over such sites and resources and,
accordingly, you acknowledge and agree that:
·
we
are not responsible for the availability of such external sites or resources;
·
we do
not endorse and are not responsible or liable for any content or other
materials available from such sites or resources and
·
we
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 use of or reliance
on any such content or materials available on or through any such site or
resource.
10. INDEMNITY
You agree to indemnify and hold
Farmflo, its subsidiaries, affiliates, officers, agents, employees, advertisers
and partners harmless from and against any and all claims, liabilities, damages
(actual and consequential), losses and expenses (including legal and other
professional fees) arising from or in any way related to any third party claims
attributable to your violation of these Terms of Use or your violation of
applicable law, regulations or third party rights in connection with your use
of the Services. In the event of such claim, we will provide notice of the
claim, suit or action to the contact information we have for the account,
provided that any failure to deliver such notice to you shall not eliminate or
reduce your indemnification obligation here under.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARMFLO EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FARMFLO DOES NOT WARRANT THAT
(i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
ANY TRANSMISSION OF CONTENTS
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR
LOSS OF DATA THAT RESULTS FROM ANY SUCH TRANSMISSION.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM FARMFLO OR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT FARMFLO, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND
THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,
COVER OR OTHER INTANGIBLE LOSSES (EVEN IF FARMFLO OR ANY AFFILIATE OF OURS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
·
THE
USE OR THE INABILITY TO USE THE SERVICES;
·
THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
·
UNAUTHORIZED
ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT
OR DATA;
·
STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES;
·
ACTIONS
OR OMISSIONS BY FARMFLO OR ITS AFFILIATES BASED ON YOUR ACCOUNT INFORMATION OR
ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
·
YOUR
FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO
YOUR ACCOUNT INFORMATION;
·
THE
ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICES;
·
THE
TERMINATION OF YOUR ACCOUNT IN ACCORDANCE THESE TERMS OF USE; OR
·
ANY
OTHER MATTER RELATING TO THE SERVICES.
NOTHING IN THESE TERMS OF USE IS
INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THOSE LIMITATIONS ABOVE WHICH ARE LAWFUL IN YOUR JURISDICTION
(IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
13. REMEDY
You acknowledge that your breach
of any of the provisions of these Terms of Use may cause immediate and
irreparable harm to Farmflo and our affiliates for which Farmflo may not have
an adequate remedy in money or damages. Farmflo and its affiliates will
therefore be entitled to obtain an injunction against such breach from any
court of competent jurisdiction immediately upon request and will be entitled
to recover from you the costs incurred in seeking such an injunction. The right
to obtain injunctive relief will not limit any right to seek or obtain other or
further remedies.
14. MISCELLANEOUS
These Terms of Use constitute
the entire agreement between you and Farmflo regarding your use of the Services;
provided, however, that in the event of any conflict or inconsistency between
these Terms of Use and the terms of any Subscriber Agreement under which you
use the Services, then the terms of such Subscriber Agreement shall govern.
These Terms of Use, as in effect from time to time, supersede any prior
agreements or earlier versions of these Terms of Use between you and Farmflo
for the use of the Services. If, through accessing or using the Services, you
utilise or obtain any product or service from a third party, you may
additionally be subject to such third party’s terms and conditions applicable
thereto, and these Terms of Use shall not affect your legal relationship with
such third party.
You acknowledge and agree that
each affiliate of Farmflo is a third party beneficiary
to these Terms of Use and that such other entities shall be entitled to
directly enforce, and rely upon, any provision of these Terms of Use which
confers a benefit on (or provides rights in favour of) them. Other than this,
no other person or company shall be a third party
beneficiary to these Terms of Use.
These Terms of Use and the
relationship between you and Farmflo shall be governed by Irish law.
The failure or delay by Farmflo
to exercise or enforce any right or provision of these Terms of Use or rights
under applicable law shall not constitute a waiver of any such provisions or
rights. If any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Use remain in full force
and effect.
You agree that we may provide
you with notices regarding the Services by email, post or postings on the
website(s) related to the affected Services, in our discretion, and that we may
rely upon the contact information you have provided as being accurate, complete
and current. Except where these Terms of Use specifically provide for use of a
different means or address for notice, any notice hereunder to Farmflo must be
delivered by email to support@farmflo.com. This email address may be updated as
part of any update to these Terms of Use.