-
FarmWizardFarmWizard
website (“FarmWizard”) is operated by FarmWizard Limited, a company incorporated in
Northern Ireland
under number NI 49264 with its registered office at
Wellington Park Business Centre, 3 Wellington Park
,
Belfast
('the Company'). The website gives access to a community within the agricultural industry.
The website offers interaction with the community, a service for online record keeping,
business analysis tools, a package of general information, knowledge and other content.
A limited amount of this material is available to all visitors (a 'User'), with information
for the most part reserved for Members only (a 'Member').
-
Whilst
the information and functionality on FarmWizard is
provided by the Company in good faith, it is often based upon information supplied
by other Users or third parties, and it may not be complete, accurate, up to date
or, in the case of different language versions, translated correctly. The Company
does not give any warranty or representation as to the completeness, accuracy, currency,
reliability or correctness of any such information or functionality, and shall have
no liability, obligation or responsibility for any loss any User may suffer as a result
of any reliance on any such information or functionality. Users are advised to verify
information before making any significant business decisions based upon information
or functions found on FarmWizard.
-
FarmWizard
includes advertising from persons offering products and services. This does not mean
that the Company recommends any such products or services (except where such businesses
are included in our list of Recommended Suppliers of goods and services), or has verified
any statements made concerning them or otherwise endorses them or gives any warranty
or representation about them. Any dealings, notwithstanding that an advertiser may
be recommended by the Company, with such persons are solely a matter between a User
and the person concerned. The Company shall have no liability, obligation or responsibility
for any loss any User may suffer arising out of any such dealings.
-
FarmWizard includes
links to other websites provided by other persons. The Company is not responsible
for the availability of any such websites, or for any content, advertising, products
or services available on or from them. The link does not mean that the Company has
verified any information or statement made on any such website, or that the Company
recommends any such products or services or otherwise gives any warranty or representation
about them, unless specifically included in our Recommended Suppliers list. The Company
shall have no liability, obligation or responsibility for any loss any User may suffer
arising out of its use of any content or products or services available on or from
such websites.
-
The
information and functionality on FarmWizard does not constitute and should not be
taken as giving investment advice or as an offer to sell any securities or other investments
and must not be relied on in connection with any investment decision. Any advertisements
or content which could possibly lead to an investment are purely a matter between
the User and the advertiser. Users are strongly advised to take independent financial
'advise' from a person suitably qualified within the legal jurisdiction of the User
to give legal advice before responding to any information, or communication, that
could possibly lead to an investment.
-
The
Message
Board
feature provides a forum for Users to exchange information relevant to the agricultural
industry on an interactive basis. The Message
Board
feature allows Users to post information relevant to the agricultural industry for
the benefit of other Users. These features are for businesses involved in the agricultural
or dairy farming industry only and shall only be used for the purposes of lawful activities
undertaken by businesses in that industry and shall not be used for general advertising
purposes.
-
Each
User acknowledges that it is very difficult to moderate the actions of individuals
in a message board environment without slowing the process unduly and therefore defeating
the object of the message board. The views posted on the Message
Board
by other Users may be their own and not necessarily their employers'.
-
A
User shall not post on the Message
Board
or anywhere else on FarmWizard , any material which is of an illegal, defamatory,
distasteful, offensive or unacceptable nature (for example, in disparaging any nationality
or race or sex or encouraging discrimination on any such grounds) or which infringes
any third party rights or any data protection or other privacy laws or otherwise gives
rise to any liability on the part of the Company. The Company reserves the right to
edit, remove or block any such material from any part of FarmWizard.
The Company reserves the absolute right to edit, remove or block from any part of FarmWizard
any material or any User it otherwise deems unsuitable without giving a reason. Where
a User chooses to use a language other than English, a Member warrants and represents
that they will use appropriate non-offensive terms. The Company reserves the right
to delete any non-English content without any reason, without any liability to the
User. The Company will not be held responsible for any loss or subsequent damage arising
from the publication of material on the Message
Board
or any other part of the web site. Nor will the Company be responsible for material
published on either the Message
Board
or any other part of the web site that is republished elsewhere to a third party without
the Company's express permission.
-
Each
User warrants and represents to the Company and to each other User that any data,
news, information or other materials it may provide to the Company or post on FarmWizard,
concerning itself or anything else, will to the best of its knowledge be accurate,
correct and complete and will not be in breach of any third party intellectual property
or other rights.
-
Each
User warrants and represents to the Company and to each other User that it will not
post on FarmWizard, or use any of the email or website links provided on FarmWizard to
post to any other person, any message or material containing or comprising any software
virus, corrupted file or other program or thing which may damage or impair the operation
of or other data stored on any other person's computer system, and that it will not
post on FarmWizard or use such links
to post to any other person any message or material containing any embedded software
program without the consent of the intended recipient.
-
Where
a User is an individual, and such User provides to the Company or posts on FarmWizard
any personal data concerning themselves, such User shall be taken to have consented
to the processing of such data by the Company for the purposes of operating FarmWizard and
to the transfer of such data outside the European Economic Area where necessary in
connection with such purposes. It is the responsibility of Users to maintain the accuracy
of their information held on FarmWizard.
-
News
material on FarmWizard is copyright and
belongs to the Company or to its third party news provider, and all rights are reserved.
Any User who accesses such material may do so only for its own personal use, and the
use of such material is at the sole risk of the User. Redistribution or other commercial
exploitation of such news material is expressly prohibited. Where such news material
is provided by a third party, each User agrees to observe and be bound by the specific
terms of use applying to such news material.
-
With
the exception of any material which a User may itself provide, any and all copyright,
database rights, design rights, rights in any inventions business processes and methods,
trade marks, domain names and other intellectual property rights in or comprised in
the information and functionality on FarmWizard
belongs to the Company or to third parties. Unless otherwise expressly stated, a User
may copy any part of such material for non-commercial purposes, provided the copy
retains any copyright or intellectual property notices on the original material, but
a User may not otherwise copy any of the material.
-
The
Company shall have no liability to any User arising out of any data, news, information,
materials or messages posted on FarmWizard by or on behalf of any other User.
-
The
Company shall have no liability to any User for any loss of profits or any indirect
or consequential loss or damage of any nature whatsoever, arising out of or in connection
with the operation of FarmWizard. In particular for loss of information in the mobile
or other networks outside FarmWizard’s direct control. Members have a duty to diligently
make sufficient back up copies of data stored on the website or sent to mobile devices.
-
The
Company's liability for any other direct loss or damage to any User who is a Member
or any third parties in any circumstances is limited to the greater of the amount
of the subscription fees collected by the Company from the User for membership of
FarmWizard in the twelve months prior to the date on which any proceedings were commenced,
and £500. The Company's liability to any User who is not a Member is limited to £100.
The maximum liability for whatever reason under these terms shall under no circumstances
exceed £600 for any group action by more than one User. Each User covenants and promises
not to sue or claim for punitive damages.
-
Each
User shall keep the Company and all of its directors, employees, agents and representatives
('staff') fully indemnified from and against all costs, claims, demands, expenses,
fines, penalties and all liability whatsoever which may be made against the Company
or any of its staff or which such persons may sustain, pay or incur arising out of
or in connection with any data, news, information, materials or messages posted on
FarmWizard by or on behalf of that User or any of its staff, or arising out of or
in connection with any breach of these terms by that User or any of its staff.
-
The
Company reserves the right to suspend FarmWizard at any time for technical, operational
or other reasons, and the right to discontinue operating FarmWizard at any time without
notice. The Company shall have no liability to any User or any other person for any
loss arising out of the suspension or discontinuance of FarmWizard.
-
The
Company shall have no liability for loss, damage or delay howsoever arising caused
by circumstances outside its control.
-
The
exclusions and limitations of liability in these terms are intended to be cumulative
and to apply even where the Company has been negligent, but they do not apply in relation
to any liability for death or personal injury caused by the Company's negligence or
for fraud.
-
All
business undertaken by the Company, either direct or via FarmWizard, will be subject
to the Company's standard terms and conditions applicable to the service in question,
which are available on request. Nothing here alters or supercedes those terms and
conditions.
-
The
Company may from time to time operate a ‘Managed Service’ as an agent for members.
The Company accepts no responsibility in contract to any third parties whatsoever
as a result of acting as an agent, and whilst it will diligently perform the requested
operations for members, it is the responsibility of users or members to check postings
made on its behalf. The Company will not make offers that can be accepted or accept
offers that have been received by members for who it is acting. Members and users
must conclude
-
The
Company may in its sole discretion from time to time change these terms by posting
new terms on FarmWizard. The new terms
shall apply automatically immediately after they are posted, and a User's continued
use of FarmWizard after such posting and/or the absence within seven days of comment
on them to the Company, shall be taken to mean that it acknowledges and agrees to
be bound by the new terms.
-
The
user hereby acknowledges they have read the privacy statement available to all Users
on the website.
-
These
terms set out the entire agreement between a User and the Company and any terms implied
by statute or common law are hereby excluded to the fullest extent permitted by law.