Terms and Conditions
Chílies Forés Farms Limited is an agricultural company registered and incorporated under the laws of the Federal Republic of Nigeria with the mission to operate farms across Nigeria for the production of wholesome food crops and livestock by working harmoniously with nature to grow quality food crops and livestock for the enhancement of food production within Nigeria and sub-Saharan Africa.
In these Terms & Conditions, unless the context otherwise requires, the following definitions shall apply:
Farm: means a farm designated for Sponsorship
Farming Cycle: means a complete farming season from planting to harvest and sale or breeding of livestock till maturity and sale.
Proceeds: mean the proceeds of sale of the produce of any Farm.
Site: means the Company’s website at www.chiliesfores.com
Sponsors: mean users of the Service who provide funds for the operation of a Farm (s).
Sponsorship: means the funds provided by a Sponsor.
Users: mean other users of and visitors to the Site.
Updates: mean periodic information and progress reports provided to a Sponsor on a Farm.
Acceptance of Terms & Conditions
The Service and your use of the Site is offered subject to your acceptance of these Terms & Conditions and all other operating rules, policies, and procedures that may be published on the Site by the Company, from time to time, including operating rules, policies, and procedures of third-party service providers to the Site that are referenced herein. These Terms & Conditions apply to every user of the Service. In addition, some services offered through the Site may be subject to additional terms and conditions determined by the Company. Your use of those services would be subject to those additional terms and conditions, which are incorporated into these Terms & Conditions by reference.
The Company reserves the right, at its sole discretion, to modify or replace these Terms & Conditions from time to time by posting the updated Terms & Conditions on the Site. It is your responsibility to review these Terms & Conditions periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms & Conditions will be deemed an acknowledgement of such changes and your agreement to be bound by the terms of such changes.
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features of the Service or restrict your access to parts of or the entire Site without notice or liability.
When you create an account with us, you must provide us with your accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms & Conditions, and may result in immediate termination of your account on our Service.
You agree not to disclose your password to any third party and must notify us immediately upon becoming aware of any breach of the security of or the unauthorized use of your account.
You may not use the name of another person or entity, a name or trade mark 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 or that is not lawfully available for use, as a username for your account for use of the Service.
Terms of Sponsorship
As a Sponsor, you will receive periodic Updates on the status of the Farm you sponsor by email. The Updates may also be available in your account on the Site. You are expected to review all notifications, updates and reports from the Company as they represent information relevant to your Sponsorship during a Farming Cycle.
You are entitled to request for a physical visit to the Farm you sponsor at any time. However, you must provide us with at least 2 weeks prior notice to schedule a visit.
At the beginning of a Farming Cycle, costs related to the lease of land, seedlings/livestock, fertilizers, maintenance costs, and the cost of supervision and administration for a Farm, are incorporated in and will be deducted from your Sponsorship.
You agree that by sponsoring a farm, your Sponsorship is locked in and unavailable for the entire Farming Cycle and the Company shall not be obligated to refund your Sponsorship until the completion of a successful Farming Cycle.
At the end of a successful Farming Cycle, your portion of the Proceeds of the Farm (s) you have sponsored will be calculated and remitted to your designated bank account.
At the end of a successful Farming Cycle, you can elect to withdraw your Proceeds and instruct us to transfer same to a bank account you provide to us or sponsor another Farm subject to that Farm’s terms & conditions.
You acknowledge that you do not own the Farm (s) you sponsor and are only entitled to a refund of your Sponsorship and/or a part of the Proceeds of the Farm(s) you sponsor.
Representations & Warranties of the Sponsor
You hereby represent and warrant at the time of agreeing to these Terms & Conditions and every time you use the Site or Service that:
- you are over 21 years.
- you are of sound mind and have the capacity to enter into these Terms & Conditions and sponsor a Farm
- you operate an account in a Nigerian Bank in your own name and will use this account to sponsor a Farm and to receive a refund of your Sponsorship and the Proceeds at the end of the relevant Farming Cycle;
- you have carefully considered the risks involved with using the Site, the Service, sponsoring a Farm and the risks associated with any means of electronic money transfer;
- you will sponsor a Farm with your own funds unless you are authorised by a third party (“Third Party”) to sponsor a Farm with funds provided by the Third Party and we agree that you may act on behalf of that Third Party.
- any funds provided to the Company to sponsor a Farm have not originated from or been acquired through any illegal activity;
- none of your bank accounts are being used fraudulently, negligently, for illegal or terrorist activities, or for any purpose that does not comply with any law
- if you are registering for the Service or accepting these Terms & Conditions on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and will produce evidence of such authorization such as a power of attorney or board resolution and you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
The Service and its original content, features and functionality are and will remain the exclusive property of the Company. The Service is protected by the copyright law, trademark law, and other intellectual property laws of the Federal Republic of Nigeria. The Company’s marks and designs may not be used in connection with any product or service without our prior written consent.
You shall not directly or indirectly:
- decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Service;
- modify, translate, or otherwise create derivative works from any part of the Service; or
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive on the Site.
If you choose to provide technical, business or other feedback to the Company concerning the Site or the Service (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.
Links to other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has 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 the Company 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, 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 such third-party web sites or services that you visit.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms & Conditions. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your Account, you may simply discontinue your use of the Service.
All Farms on our Site will be adequately insured. Where the Company makes a claim under the insurance policy for a Farm, and the insurance claim is settled by the insurance company, the Company shall pass on the claims received from the insurance company to Sponsors in the proportion of their Sponsorship in any affected Farm.
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 complete a Farming Cycle successfully.
You agree to indemnify and hold the Company, its Directors, Officer and agents or sub-contractors harmless, 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:
- your fraudulent or illegal use of the Site, and or the Service;
- your negligence or any default by you in respect of any of these Terms & Conditions or the terms of any Farm you sponsor;
- any inaccurate or incomplete information that you have knowingly provided to us;
- your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private and secure;
- any service that you have offered, whether with or without our permission, to another third party using our Site and/or Service;
- any claim made against you for any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Service or your use of the Site.
Limitation of Liability
In no event shall the Company, its 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:
- your access to or use of or inability to access or use the Service;
- any conduct or content of any third party on the Service;
- any content obtained from the Service; and
- 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.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
These Term & Conditions shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
The Company’s failure to enforce any right or provision of these Terms & Conditions shall not be considered a waiver of those rights.
If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms & Conditions.
These Terms & Conditions constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any dispute arising out of or in connection with these Terms & Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act Cap A18 LFN 2004 (‘ACA’), which provisions are deemed to be incorporated by reference into these Terms & Conditions.
The arbitral proceedings shall be held in Lagos, Nigeria, and shall be conducted in the English language.