Terms of Sponsorship
This agreement outlines the terms and conditions (the “Terms”) between you (a “Farm owner”, “you”) and Davidorlah Nigeria Limited (“Davidorlah Farm”, the “Company”, “we”, or “us”) under which you agree to own Pineapple farm and to allow Davidorlah Farms to help you cultivate and manage the farm for the period of Ten year, through our website (the “Platform”).
It is important that you read these Terms carefully. We strongly recommend that you seek independent advice when considering own a farm through the Platform.
We do not provide any advice, nor do we make any recommendations to you. The Company solely allows you to own pineapple farm land. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk. Please be aware that execution of these Terms does not imply that we have confirmed that use of the Platform and our Services are suitable or appropriate for you. We advise you to consider own pineapple farm land and giving us right to manage the farm for you for the period of ten year through the Platform meets your required risk levels and objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your other financial commitments. By using the Platform, you confirm that you have the necessary experience and knowledge to understand the risks involved.
You confirm your agreement to these Terms either by registering as a farm owner on our website or by signing a copy of these Terms.
2. LEGAL AND REGULATORY INFORMATION
Davidorlah Nigeria Limited is a limited liability company registered in Nigeria (registration number RC 13803661 with its address at 5 Allahji Tokan Street, Alaka Estate Surulere Lagos, Nigeria
Davidorlah Farm is the subsidiary of Davidorlah Nigeria Limited, an Estate farm developer and management service, providing innovative and digital solutions for its users to own a farm while we manage the farm for minimum period of ten years.
3. OWNERSHIP TERMS
The Farm owner will receive periodic updates on the status of the farm by email. The updates are also available on your profile on the Platform. You are expected to review all notifications, updates and reports from Davidorlah Farm as they represent a record of information pertaining to your farm during a farming cycle.
You are entitled to request for a physical visit to your farm, however, you must provide us with at least 14 days notice to schedule a visit
At the beginning of a farming cycle, you will be expected to pay costs related to the purchase of land for farming, seedling/livestock, fertilizers, maintenance costs, and the cost of supervision and administration. All costs are included in your contract
You agree that by purchasing a farm, your contribution is tied and unavailable for the entire duration of the farming cycle and neither Davidorlah nor the farmers can or will refund your contribution.
At the end of a successful farming cycle of your farm, 25% of capital invested on your business will be remitted to the account detail provided by you on the Platform when the produce is harvested and sold (i.e. upon completion of the farming cycle)
4. SPONSOR REPRESENTATIONS AND WARRANTIES
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Platform or Services, including the time you are matched to this Agreement;
You are over the age of 21 years;
You are of sound mind and have the capacity to enter into these Terms and be matched to a farm;
All personal information that you provide about yourself is accurate and true to the best of your knowledge;
You hold a bank account in Nigeria in your own name and will use this account to transfer money to our account when you purchase a farm or and to receive refunds of contributions made and profits earned;
You have carefully considered the risks involved with using the Platform, the Services and being matched to a farm and also the risks associated with any form of cash contribution or donation, including but not limited to the possibility of losing all the money you contribute;
You will only ever purchase with your own money unless you are authorized on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party.
You are not using any illegal funds or attempting to launder by sponsoring a farm.
If you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization);and
You consent that Davidorlah Nig Ltd here refer to as Davidorlahfarms shall manage the farm for the period of ten years, after which you will take possession of your farm.
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.
5. ACCESS AND USE
Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times.
If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.
You confirm that you will only use our Platform for the purposes set out in these Terms.
You confirm that you will not attempt to gain unauthorized access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website.
Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating.
We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.
6. ANTI-MONEY LAUNDERING
Where we discover that the Platform is being used to launder money or for any suspicious transactions, we have an obligation to report your activities to the relevant authorities without recourse to you.
7. FOREIGN EXCHANGE RISK
Where a farm owner contributes in a currency other than the Naira, foreign exchange gain or loss and fluctuations in currency rates may have an impact on the profit made on such contribution by the farm ownership.
All profits on the farming business shall be converted and returned in Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The Sponsor therefore enters into any transactions in currencies other than the Naira at their sole risk and shall bear all responsibilities for any gains or loss as a result.
Unexpected changes in currency exchange market conditions may have an impact on the extent of profit the farm owner would be exposed to such as when there is an upward or downward movement in the relevant rates.
The ower understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on contributions made or profits earned.
8. TERM AND TERMINATION
Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you make payment to own a farm with the Company and shall remain valid and binding for the period of ten years.
These Terms may be superseded by any amended Terms.
Subject to the Terms of Insurance and any insurance claims settled, 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 yield according to expectations
You agree to indemnify and hold harmless the Company, any farmer, and all our other agents or sub-contractors, 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 Platform, the Services or the Website;
your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are matched;
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;
any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website;
any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform
11. DISPUTE RESOLUTION
This Agreement shall be governed by the Laws of the Federal Republic of Nigeria. Any dispute arising out of this Agreement, which cannot be settled, by mutual agreement/negotiation within 30 days shall be referred to arbitration by a single arbitrator at the Lagos Court of Arbitration (“LCA”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria.
The arbitrator shall be appointed by the Parties, where Parties are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LCA.
The findings of the arbitrator and subsequent award shall be binding on the Parties and may be enforced through a Nigerian court of law. Each Party shall bear its cost in connection with the Arbitration.
12. APPLICABLE LAW
This Agreement shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. The Parties submit to Arbitration and waive any objections based upon venue.
13. CONTACT US
If you have any question regarding this Agreement, or comments about the Site or its contents should be directed to firstname.lastname@example.org
Summary of service
Acceptance of terms
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 and Services or restrict your access to parts of or the entire Site without notice or liability.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, 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.
The Service and its original content, features and functionality are and will remain the exclusive property of Davidorlah Nigeria Limited (Davidorlah Farms). The Service is protected by copyright, trademark, and other laws of The Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Davidorlah.
User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (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 Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Davidorlah Farms
Davidorlah Farm 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 Davidorlah Farms 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any 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 the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
shall defend, indemnify, and hold harmless Davidorlah Farms, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Davidorlah Farms reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with in asserting Davidorlah Farms any available defenses.
Limitation of Liability
In no event shall Davidorlah Farms, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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 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. Davidorlah Farms Its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes to Terms
Davidorlah Farms reserves the right, in its sole discretion, to change the Terms under which Davidorlahfarm.com offered. The most current version of the Terms will supersede all previous versions. Davidorlah Farms encourages you to periodically review the Terms to stay informed of our updates.
Terms & Conditions – Davidorlah Farm Visit
Please read the terms and conditions (“Terms”) which set forth the legally binding terms of your Farm Visit (subsequently defined below) with Davidorlah farm (referred to as “us,” “our ;/,” or “we”).
Further to your interest in the Farm Visit organized by Davidorlah Farm, as a farm sponsor, your access to the Farm Visit is conditioned on your acceptance of and compliance with these Terms.
By choosing to participate in the Farm Visit, you agree to be bound by these Terms, and if you disagree with any part of the Terms, then you may not participate in the Farm Visit.
In order to participate in the Farm Visit, participants must be current owe a farm on the Davidorlah Farm platform (“Farm Owner”). By accepting these Terms, you warrant that you are a Farm Sponsor.
You warrant that at the time of agreeing to these terms, you are 18 years of age or older, and you are of sound mind and have carefully considered the risks involved with the Farm Visit.
Farm owner, Davidorlah Farm team and our technical crew will converge at a predetermined central location and will proceed from there to the actual farm locations.
Although, the Farm Visit is free, Farm owner shall be responsible for their travel and accommodation to the Convergence Point, which will be communicated by email prior to Farm Visit.
We strongly advise that you adequately prepare for the Farm Visit and pack all necessary travel and medical items you may need for the visit.
Davidorlah Farm will cater for the feeding and transportation needs of all participating Farm sponsors from the Convergence Point to the farm and back to the Convergence Point at the end of the Farm Visit.
On arrival at the farms, our Technical Field Specialists will share safety measures and procedures that are to be adhered to by you while on the farm(s).
You undertake to comply with all the instructions given by the Technical Field Specialists and the farm owners during the visit and ensure that you safeguard all your personal property.
You shall defend, indemnify, and hold harmless Davidorlah Farm, its affiliates and each of its employees, contractors, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees that arise from or relate to the Farm Visit.
5. Limitation of Liability
While our Technical Field Specialists will share safety procedures to be complied with on the farm, we do not guarantee the enjoyment, satisfaction, health or safety of any Farm Sponsor during the Farm Visit.
In no event shall Davidorlah Farm, its directors, employees, agents, or affiliates be liable for any direct or indirect claims for cost, damage, loss of property, personal injury, illness or death, resulting from the visit.
If you have a complaint about the Farm Visit, please promptly inform our Technical Field Specialists so that they can take appropriate action at the earliest opportunity to resolve the problem.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If you have further inquiries on the visit, please contact us on +2347033179481or send an email to email@example.com.
Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. As deemed appropriate, Users may be asked for; name, email address, mailing address, phone number, account number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about the Users means of connection to our Site, such as the operating system and other similar information.
Web Browser Cookies
How we Use collect Information
We may collect and use Users personal information for the following purposes:
To run and operate our Site-We may need your information to display content on the Site correctly.
To improve customer service-Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience-We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site-We may use feedback you provide to improve our products and services.
To process payments-We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails-We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
Our basis for collecting and processing your Personal Data includes but not limited to: contract, legal obligation, consent and legitimate interest. Specifically, Personal Data is collected and processed for specific, legitimate and lawful purposes:
necessary for us to comply with statutory compliance obligations imposed on it; or
necessary for the performance of executed or executor contracts; or
necessary for our legitimate interest; or
Consented to by Data Subjects.
How we Protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Your personal data is secured against all foreseeable hazards and breaches such as theft, cyber or viral attack, dissemination, manipulations and any damage.
Although we use appropriate security measures once we have received your personal information, the transmission of data over the internet (including by e-mail) is never completely secure. We endeavor to protect personal information, but we cannot guarantee the security of data transmitted to us or by us.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If Users decide to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. By using any of our services or products, you are also automatically signed up on our mailing list. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes, provided that you have given us your permission.
Disclosures Required by Law
We may disclose Personally Identifiable Information if required to do so by law or in the good faith belief that such action is necessary to (a) conform with the requirements of the law or comply with legal process served on us, or (b) act in urgent circumstances to protect the personal safety of users of our Service or members of the public. To the extent practicable and legally permitted, we will attempt to advise you prior to any such disclosure, so that you may seek a protective order or other relief limiting such disclosure.
Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licencors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
The Data that we Retain
We will retain your information for as long as your account is active or as needed to provide you with our services, or comply with our legal and statutory obligations.
Storage of Your Data
We erase/delete personal data in the event of any of the following:
The personal data is no longer necessary in relation to the purposes for which they were collected or processed;
You withdraw your consent or object to the processing and there is no overriding lawful basis for the processing;
The personal data was unlawfully collected or processed in the first place;
In compliance with NITDA’s or any other lawful directive.
You have various rights in relation to your personal information. In particular, you have a right to:
To object to the processing of your personal information;
request a copy of personal information we hold about you;
ask that we update the personal information we hold about you, or correct such personal information that you think is incorrect or incomplete;
ask that we delete personal information that we hold about you, or restrict the way in which we use such personal information;
Withdraw consent to our processing of your personal information (to the extent such processing is based on consent).
To exercise any of your rights or if you have any other questions about our use of your personal information, please e-mail us at firstname.lastname@example.org. You may also use this contact detail if you wish to make a complaint to us relating to your privacy.
If you are unhappy with the way we handled your personal information or any privacy query or request that you have raised with us, you also have a right to complain to the National Information Technology Development Agency.
Problem Signing In
Our sign-in process is designed to help protect your privacy. If you have trouble signing in to our Website, please ensure that you are using your registered e-mail address and/or correct password. If you are using your registered e-mail address and correct password, and you continue to have trouble signing in to our site, please e-mail us immediately at email@example.com
Your Acceptance of these Terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Note that you can withdraw your consent at any time; however such withdrawal of consent would not affect the lawfulness of processing information based on consent given before its withdrawal.
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