Welcome to FarmLead!
Combyne.ag (“Combyne” or “Platform”) is an online platform dedicated to agriculture. Combyne brings together agriculture industry participants of various types, including, but not limited to farmers, brokers, traders, merchandisers and end-users, transporters, and various service providers. Through Combyne, people can manage their network of various relationships within the agricultural commerce cycle, as well as find products and services related to the agriculture industry.
YOUR ACCEPTANCE OF THESE TERMS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING, OR POSTING ON THE WEBSITES OR APPS. BY USING COMBYNE.AG, YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THIS AGREEMENT AND ALL OTHER AGREEMENTS INCLUDED BY REFERENCE IN ANY OF THE FOREGOING.
1. USING THE COMBYNE PLATFORM
- You must be at least the age of majority in the state or province where you live to use Combyne.
- When using Combyne, you agree to abide by common standards of etiquette and act in accordance with the law.
- You may close your Combyne account by contacting us. We may permanently or temporarily suspend your use of the Websites, Apps, or any of the Services at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any FarmLead policy.
We welcome your feedback and suggestions about how to improve Combyne and encourage you to submit feedback. By submitting feedback in any manner to us, you agree to grant us the right, at our discretion, to use or disclose your feedback, in whole or part, without any restrictions or any compensation to you.
2. YOUR DATA
- Combyne enables you to post information about yourself, your business, and agricultural product trade, including, without limitation, prices, quantities of a specific type agricultural product, quality factors and other characteristics of the agricultural products you are looking to sell or buy, as well as associated photos, messages, and comments. Information that you post about what you are looking to buy or sell on Combyne is referred to collectively as your “Data” and described in more detail in FarmLead’s Data Use Policy. You acknowledge and agree that, as part of using Combyne by posting listings of products to buy or sell, and by inviting other persons to join your network or accepting invitations to join the networks of other persons, your Data may be viewed by users on Combyne.
- OUR CONTENT AND MATERIALS
- All intellectual property in or related to Combyne or FarmLead (specifically including, but not limited to, our software, our logos, buttons, badges, and widgets), is the property of FarmLead Resources Ltd. or is licensed to FarmLead for the purpose of providing the Services (“Our Content and Materials”).
- Please note that Combyne enables access to third-party content, products and services, and that Combyne offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or guarantee the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, FarmLead is not required to conduct credit checks on any or all agricultural product buyers registered on Combyne, or to perform background checks or otherwise vet the users listed on Combyne. Participation or availability on Combyne does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any information posted on Combyne by anyone. Users are fully responsible for verifying the accuracy of any information provided through Combyne.
- You acknowledge and agree that Combyne and all its features and functions are the property of FarmLead. The content, information and services made available on Combyne are protected by Canadian, U.S., and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that use of Combyne does not entitle you to any ownership rights in Combyne or to the content provided within Combyne.
3. OFFERINGS ON COMBYNE
- The availability of agricultural products or services sold by third-parties on Combyne does not imply our endorsement or verification of the agricultural products or services, or their descriptions.
- You may be offered the ability to exchange fertilizer, agro-chemicals, plants or seeds with other users you have invited to your network or have accepted an invitation from to join their network. Such sales and purchases are regulated by government laws. By participating in these interactions, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country.
- You may be provided the opportunity on Combyne to purchase services that are offered by third-parties (collectively “Third-Party Services”). The availability of any Third-Party Services on Combyne does not imply our endorsement of the Third-Party Services.
4. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Combyne allow users that buy and sell agricultural products and services to communicate about potential transactions. FarmLead is not a clearing-house or a party to any contract for the sale and purchase of agricultural products or services negotiated via Combyne. FarmLead is not, nor should ever be considered or categorized as a broker, agent, or trader for either party.
5. REQUIRED CONTRACT PERFORMANCE
Buyers and sellers are expected to determine, agree and complete final contract terms on their own accord, including but not limited to the type of agricultural product or service, quality, price, quantity, delivery time frame, delivery terms, and payment terms. When using Combyne to come to an agreement, buyers and sellers must rely entirely upon their own independent assessment of all relevant matters and must not rely upon any warranty, statement, or representation made or given by FarmLead or on FarmLead’s behalf. We encourage you to seek independent legal advice particular to your circumstances before agreeing to be bound by any contract.
6. EXCLUSION OF WARRANTIES
ALL INFORMATION ACCESSED ON COMBYNE IS PROVIDED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY BY FARMLEAD. The content of offers to buy or sell agricultural products relies on data received from registered users by us in good faith on the basis of warranties made by them. FarmLead does not verify the accuracy of this information.
- FarmLead does not represent, warrant, or guarantee that:
- Users have the capacity to enter into contractual relations;
- Users have the capacity to perform their obligations under a contract between buyer and seller negotiated via Combyne;
- Any statement made by or attributed to a user of Combyne is accurate or not misleading including (without limitation) the quantity, quality, or type of agricultural product listed.
- You may report any inaccuracies or concerns by contacting us, which we will deal with at our discretion with respect to both parties involved. You agree that negotiations, deals, and all other contact between you and other users of the Websites or Apps are conducted entirely at your own risk. It is your responsibility to verify any information on the Websites or Apps before relying on it. You agree that any purchases, sales, exchange of monies or agricultural products, or any other deals will be made solely in reliance on your own inquiries and inspections and that we have not made any warranties about the truth or accuracy of offers or other advertisements, the suitability, quality, or existence of listed items, or the ability of users to actually enforce or complete a transaction. We do not warrant that sellers are the legal owners of grain listed.
- You acknowledge that we are not liable for any direct, indirect, and/or consequential loss of damage (including legal fees and other expenses incurred) arising from or in any way connected with your use of the Websites or Apps, the purchase, sale, acceptance, or other agreement between users of the Websites or Apps, or any inaccuracy or incompleteness of information contained on the Websites or Apps.
- You agree that registering and using the Websites or Apps requires compatible hardware, Internet access (from a computer or mobile cellular device), and certain software, some of which may require obtaining upgrades or updates from time to time. All fees and costs related to a user’s personal hardware, Internet access and software, including all upgrades and updates, shall be your sole financial responsibility. Moreover, we currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text message and data fees, will still apply.
- You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password. You agree that FarmLead is not responsible for any losses arising out of the unauthorized use of your account which is not due to the negligence of FarmLead.
7. WARRANTIES ABOUT CONTENT AND SALE OF AGRICULTURAL PRODUCTS AND SERVICES
If you upload any content to Combyne or otherwise submit material to be published by us, you warrant that:
- If you are a seller, you have the full right to sell the grain specified in your offer on the terms of sale specified in that offer or negotiated over the Combyne;
- All offers (and goods and services listed) conform to current laws and regulations in Canada or the United States of America (per the country and the province or state where your business entity is located and operates);
- All offers are free and clear of any impediments;
- It is true and correct;
- It is not misleading or deceptive;
- It is not libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, unlawful, abusive, inflammatory, or otherwise offensive;
- It can be lawfully published on Combyne or otherwise by us. You indemnify FarmLead against all claims, costs, expenses, damages, liability, or loss arising from your breach of these terms.
8. ACCURACY OF INFORMATION
Without partiality to other terms, to protect the integrity of Combyne, we reserve the right (but are not required) to verify the accuracy of any information uploaded by you, including the availability of any goods or services offered for sale or accuracy or uploaded material. You agree that we can contact you and you will provide us with accurate information or clarification of matters related to material uploaded by you.
If any content uploaded is inaccurate or untrue, the user responsible for the inaccurate or untrue content must immediately attempt to delete or edit the content or contact FarmLead in any way or form to assist in the remedy of the error. The user acknowledges and agrees that FarmLead shall not be liable to the user for any loss that the user may suffer as a result of the incorrect content.
9. INTELLECTUAL PROPERTY
All software used in, material on, or compromising the Websites or Apps (including photos, graphics, text, data, content, advertisements, pictures, videos, and other visual or audio-visual works) and the design, layout, look, and appearance of the Websites and Apps (“Intellectual Property”) is owned by or licensed to FarmLead and protected by copyright and all other intellectual property laws of Canada and other countries internationally.
Except to the extent necessary for your ordinary use of the Websites or Apps on your Internet browser, mobile cellular device, or as permitted under the Copyright Act of Canada (first passed in 1921, and as amended in 1988, 1997, and 2012), Copyright Act of the United States (as amended) or other applicable laws, this Intellectual Property may not be used, adapted, reproduced, uploaded to a third party website or app, framed, linked to, published, transmitted, or distributed in any way or in any form or medium without prior exclusive written consent from the Company. This means you cannot download, copy, or reproduce any material from the Website or App without our or the owner’s written permission unless you are acting in the ordinary and proper course of using Combyne’s services.
The Websites or Apps may contain multimedia works and still images licensed to FarmLead from third parties. These works are provided purely for your private, non-commercial use, and you may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit, or communicate these works or create derivative works from them.
10. THIRD PARTY INFORMATION AND SITES
Combyne contains information provided by third parties as well as links to third party websites and resources. Third party websites are not part of Combyne. These links and resources are provided solely for your interest and convenience. We and our employees, contractors, and agents take no responsibility for the content, resources, or sites that link from, or to, the Websites, Apps, or any associated products and services.
Responsibility for the content of any classified and other advertisements appearing on Combyne (including banner advertisements and hyperlinks to advertisers’ own websites) rests solely with the advertisers. FarmLead does not endorse and makes no representations, either expressly or implicitly, concerning third party resources, their content, or any products or services which they offer.
11. PROHIBITED ACTIVITIES
You must not abuse the use of the Websites, Apps, or their respective facilities, systems, resources, accounts, services, networks, or affiliated or linked websites for a purpose other than which the Websites’ or Apps’ service is provided, or use the Websites or Apps to engage in any activity that we (in our absolute discretion) think is inappropriate, offensive, or defamatory.
Without limitation, you agree not to (and not attempt to):
- Facilitate or participate in any illegal activity via the Website or App;
- Upload or otherwise transmit any computer worms, viruses, or other disruptive or destructive files or malicious or harmful code through or on the Websites, Apps, or FarmLead email, text message, or Apps’ notification system;
- Damage, modify, interfere with, disrupt or destroy any files data, passwords, devices, software, or resources that belong to us;
- Do anything that compromises the security or stability of the Websites or Apps;
- Disrupt or interfere with any other user’s enjoyment and fulfillment of the Websites, Apps, or affiliated or linked websites;
- Use or attempt to use another user’s account, service, or system without authorization from that user or FarmLead;
- Mirror, in any way or in any form, the Websites, Apps, data, or content from the Websites or Apps, or results pages on any other website or medium;
- Data mine or send automated queries of any kind to the Websites or Apps without our prior written permission;
- Harvest or otherwise collect information about other users (including, but limited to, email addresses and phone numbers) without their consent except in the ordinary course of using the Websites’ or Apps’ services;
- Transmit through or on the Websites or Apps spam, chain letters, junk mail, or any other type of flooding techniques or mass distribution of unsolicited email to people or entities who have not agreed to be part of such mailings.
- Create or use a false identity account or one that is not yours on the Websites or Apps;
- Obtain unauthorized access to the Websites or Apps or parts of the Websites or Apps that are restricted from general access;
VIOLATIONS, DAMAGE, ABUSE, AND DISRUPTION OF ANY AND ALL OF THE COMBYNE OR FARMLEAD SYSTEMS, NETWORKS, OR SERVICE SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.
12. PROHIBITED CONTENT
You must not upload or submit content to the Websites or Apps that:
- Is illegal in nature (including encouraging conduct that might be represented or be justified as a criminal offense);
- Violates any intellectual property rights, including, without limitation, patents, trade markets, trade names, copyright, and design rights and whether registrable, registered or unregistered or other rights of any person in any jurisdiction in the world;
- Is threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent, defamatory, or otherwise objectionable;
- Is misleading or deceptive or likely to mislead or deceive other users;
- Contains universal call-to-action phrases such as “click here”, “link here”, “visit this business”, or other similar phrases that could apply to any ad, listing or business, regardless of content, the type of business or its location;
- Refers to unapproved, banned, illicit, or otherwise illegal pharmaceuticals or drugs;
- Opens a pop-up when entering or leaving a linked website’s landing page;
- Contains links to websites featuring any of the above.
We may revise, remove, or refuse to publish any material uploaded to the Websites or Apps or otherwise supplied by you at our absolute discretion and without consulting or notifying you.
We may also remove or refuse content in our absolute discretion.
13. REFUSAL OF USE
Use of Combyne is a privilege. FarmLead may decline to register you as a user, terminate your registration, or restrict your access to the Websites or Apps (including via any other aliases you use) at any time at our complete discretion without consulting with or informing you that we are doing so. Without limiting this, we consider the following as grounds for refusal of use:
- If serious or multiple complaints are received about you;
14. YOUR INDEMNITY
You agree to indemnify FarmLead and its directors, advisors, officers, employees, agents, contractors, and subsidiaries against any loss or damage, direct, indirect, or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:
- Your use of Combyne;
- Any transaction arising out of your use of Combyne;
- The content of your uploaded material, and any negotiations or enforcement of deals or transfer of grain or money between you and another user.
If a dispute arises between FarmLead in relation to these terms or any other matter related to the use of Combyne before beginning legal proceedings (other than in pressing circumstances where an injunction is sought), the distressed party must notify the other in writing (which may include by email or facsimile) and we must both attempt to resolve the dispute promptly and in good faith.
If a dispute arises between you and another user of Combyne, that is a matter for you and the involved party to resolve privately. As such, you hereby agree to release FarmLead and its directors, officers, advisors, employees, agents, contractors, affiliates, and subsidiaries from all claims, demands, and damages (including, without limitation, actual and consequential) of every kind of nature, indirect or direct, unknown or known, unsuspected or suspected, undisclosed or disclosed, arising out of or in any way connected with all such disputes. We may, in our discretion, provide discretionary third parties to the dispute with any help that we believe is rational in the circumstances to help resolve the dispute, however, we cannot take sides, mediate, or bring an action on your behalf.
16. OTHER PROVISIONS
These terms (together with any and all other policies we publish) represents the entire agreement between you and FarmLead, relating to the subject matter of these terms and supersede all prior understandings or agreements, written or oral, on that subject matter.
You may not assign your rights or obligations under these terms to third parties.
If any part of these terms is unenforceable, the remainder of these terms will not be affected.
A waiver of any of these terms will only be effective if it is in writing and signed by an authorized FarmLead employee.
No matter where you are located in Canada, these terms are governed and fully enforced by the laws of Ontario and the country of Canada, and we each submit to the non-exclusive jurisdiction of those courts of that Province and courts able hear appeals from them.
HOW TO CONTACT US
FarmLead Resources Ltd.
240 Bank St., Unit 500
Email: email@example.com or firstname.lastname@example.org
These terms were last updated on June 08, 2020.
© FarmLead Resources Ltd. All Rights Reserved 2012-2020