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Terms of service

Version 1.0. Effective . Last updated .

Applies to: Famunera Ltd (Uganda)

Welcome to famunera.com, FAMUNERA LTD and/or its affiliates ("Famunera") provides website features, other products and services to you when you visit or shop at famunera.com, use Famunera products or services, use Famunera applications for mobile, or use the software provided by Famunera in connection with any of the foregoing (collectively, "Famunera Services"). By using the Famunera Services, you agree, on behalf of yourself, all members of your household, employees, agents, and others who use any Service under your account, to the following conditions.

1. Introduction

1.1. "Famunera" is a company operating a digital platform consisting of a website, Unstructured Supplementary Service Data (USSD), and mobile application ("marketplace"), together with supporting IT, logistics, and payment infrastructure. Famunera provides a digital marketplace for the different users to; conduct supply chain management, traceability, export/import market linkages, access to genuine farm inputs and affordable financing within and outside Uganda.

1.2. These general terms and conditions shall apply on our marketplace and shall govern the use of our marketplace and related services by any person hereinafter referred to as "User/Users" who may be categorized as;

  • Normal user/Site visitor;
  • Farmer/Outgrower;
  • Farm Inputs Dealer/Agent;
  • Producer Organization;
  • Financial Institution;
  • Government Authority;
  • Non-Government Organization;
  • Food Supplier/Exporter; and
  • Food Buyer/Importer on the marketplace and shall govern your use of the marketplace and related services.

1.3. By using our marketplace, a User accepts these general terms and conditions in full. Where a User disagrees with these general terms and conditions or any part of these general terms and conditions, a User must not use the marketplace. For avoidance of doubt, any action undertaken by a User leading to a transaction, whether the transaction is concluded or not shall constitute consent to these terms and conditions.

1.4. For use of our marketplace in the course of a business or other organizational project, a User should;

1.4.1. Confirm that they have obtained the necessary authority to agree to these general terms and conditions; and

1.4.2. Agree that "User" in these general terms and conditions shall reference both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.

2. Privacy and Account Use

2.1. Please review our Privacy Policy, which also governs your use of Famunera Services, to understand our practices.

2.2. A User may need to own a Famunera account to use certain Famunera Services, and may be required to be logged in to the account and have a valid payment method associated with it which may vary from transaction to transaction or as determined by Famunera.

2.3. Persons under 18 years of age shall not qualify as Users on our marketplace save with parental consent and by using our marketplace or agreeing to these general terms and conditions, a User warrants and represents to us that they are at least 18 years of age.

2.4. A User shall be responsible for keeping their personal information safe by keeping their password/PIN confidential and notifying us in writing immediately in case of any breach or likelihood of breach of security for our action.

2.5. The duty shall be of a User to safe guard their personal information and they shall be responsible for any activity on our marketplace arising out of any failure to keep such information confidential. A User acknowledges that they shall be held liable for any losses arising out of such a failure.

2.6. A Famunera account shall be used exclusively by a single User and that User shall not transfer at any point transfer that account to any third party. Where a User assigns or authorizes any third party to manage their account on their behalf this shall be at their own peril.

2.7. We may suspend or cancel a User's account, and/or edit their account details, at any time in our sole discretion and without notice or explanation, providing that where we cancel any products or services a User has paid for but not received, and a User has not breached these general terms and conditions, we will implore the respective user to issue a pro rata refund in respect of the same.

2.8. A User may delete their account on our marketplace by contacting us.

3. Electronic Communications

When a User uses Famunera Services or sends e-mails, text messages, and other communications from a desktop or mobile device to us, that user may be communicating with us electronically. A User thereby consents to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Famunera Services, such as our Message Center, and the User can retain copies of these communications for their records. A User also agrees that all agreements, notices, disclosures, and other communications that we provide them electronically satisfy any legal requirement that such communications be in writing.

4. Copyright

All content included in or made available through any Famunera Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Famunera or its content suppliers and protected by Uganda's and international copyright laws. The compilation of all content included in or made available through any Famunera Service is the exclusive property of Famunera and protected by Ugandan and international copyright laws.

5. Trademarks

The graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Famunera Service are trademarks or trade dresses of Famunera in Uganda and other countries. Famunera's trademarks and trade dress shall not be used in connection with any product or service that is not Famunera's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Famunera. All other trademarks not owned by Famunera that appear in any Famunera Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Famunera.

6. Terms and Conditions of Sale

6.1. A User acknowledges and agrees that:

6.1.1. Famunera provides a digital marketplace for users to;- conduct supply chain traceability; benefit and create export market linkages; source farm inputs; and unlock financing which depending on the transaction a User maybe a seller and thereto sell their products and or a buyer and thereto purchase products from other Users;

6.1.2. In which case, Famunera may accept binding sales, on behalf of sellers, but (unless Famunera is indicated as the seller) Famunera shall not be a party to the transaction between the seller and the buyer; and

6.1.3. A contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly, a User commits to buying or selling the relevant product(s), upon the buyer's confirmation of the quality of the goods in person from the seller indicated on the marketplace.

6.2. Subject to these general terms and conditions, the seller's terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller;

6.2.1. Pricing: The price for a product/service will be as negotiated between the buyer and the seller.

6.2.2. Quality and Purpose: The seller shall ensure that the products are of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product/service listing and any other description of the products supplied or made available by the seller to the buyer. Famunera shall incur no liability for any product deficiencies as to the quality or fitness for purpose, although Famunera will ensure that the sellers acquire relevant certifications before they are considered to be part of their supply chain and their products/services listed on the marketplace.

6.2.3. A User is therefore required to verify and test that the goods they intend to purchase from the marketplace conform to their quality standards and are fit for the purpose they intend to acquire them for prior to purchase.

6.2.4. Returns and refunds: The policy of returns and refunds shall be determined by the seller and the buyer at the time of negotiation and purchase. A User shall however ensure that they verify that the goods meet their requirements and standards to avoid returns and refunds given the perishable nature of some agricultural commodities.

6.2.5. Product/Service descriptions: Famunera attempts to be as accurate as possible. However, Famunera does not warrant that product/service descriptions or other content of any Famunera Service is accurate, complete, reliable, current, or error-free.

6.2.6. Transfer of title and risk of loss: All purchases of goods from the marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to a User upon our delivery to the carrier.

6.2.7. Payments: You must make payments due under these general terms and conditions in accordance with the payment terms as Famunera may determine from time to time.

7. Rules about Content and Use of the Marketplace

7.1. In these general terms and conditions, "User's content" means:

7.1.1. All products and materials (including without limitation text, graphics, images, audio material, video material, audio, visual material, scripts, software and files that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and

7.1.2. All communications on our marketplace, including product reviews, feedback, and comments.

7.2. A User's content, and the use of a User's content by us in accordance with these general terms and conditions, must be accurate, complete, and truthful.

7.3. A User's content shall be, authentic, unadulterated, of quality, and fit for purpose as may be determined by Famunera from time to time.

7.4. A User must ensure that the content supplied when approved to be listed on our site continues to maintain the standards put in place.

7.5. A User's content shall be appropriate, civil, tasteful, and in accord with generally accepted standards of health and safety as may be determined by the relevant government agency or entity.

7.6. A User's content shall not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.7. A User's content shall not infringe or breach;

7.7.1. Any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

7.7.2. Any right of confidence, right of privacy or right under data protection legislation;

7.7.3. Any contractual obligation owed to any person; or

7.7.4. Any court order.

7.8. A User shall not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.

7.9. A User shall not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

7.10. The review function on our marketplace may be used to facilitate buyer reviews on products. A User shall not use the review function or any other form of communication to provide inaccurate, inauthentic, or fake reviews.

7.11. A User shall not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.

7.12. A User acknowledges that all other users of the marketplace are solely responsible for interactions with other users and shall exercise caution and good judgment in their communication with other users. A User shall share their personal information such as credit/debit card details with other users at their peril.

7.13. A User further acknowledges that Famunera merely provides a marketplace for users who then undertake their sell and buy process thereon or thereafter. Famunera is not a party to those Contracts of sale or agreements to sale and neither should Famunera be interpreted as being privy to them. Therefore, no liability shall be incurred by Famunera arising from the breach of any contracts entered between users on and through the market place.

7.14. We may periodically review a User's content and we reserve the right to remove any content in our discretion for any reason whatsoever.

7.15. Where a User learns of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, a User shall inform us by contacting us on our known addresses as listed in the privacy policy.

8. License to Use Your Content

8.1. A User grants to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute a User's content on our marketplace, across our marketing channels and any existing or future media.

8.2. A User grants us the right to sub-license the rights licensed under section 8.1.

8.3. A User further grants us the right to bring an action for infringement of the rights licensed under section 8.1.

8.4. Without prejudice to our other rights under these general terms and conditions, where a User breaches our rules on content in any way, or where we reasonably suspect that a User has breached our rules on content, we may delete, unpublish, or edit any or all of your content or expel you from use of our marketplace.

9. Use of Website, Mobile Application, and USSD Platform

9.1. In this section words "marketplace", "website" and "USSD" shall be used interchangeably to refer to Famunera's websites, mobile applications, and USSD functions, and a User shall not:

9.1.1. Use our marketplace in any way or take any action that causes, or may cause, damage to the marketplace or impairment of the performance, availability, accessibility, integrity, or security of the marketplace;

9.1.2. Use our marketplace in any way that is unethical, unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

9.1.3. Hack or otherwise tamper with our marketplace;

9.1.4. Probe, scan or test the vulnerability of our website without our permission;

9.1.5. Circumvent any authentication or security systems or processes on, or relating to our marketplace;

9.1.6. Use our marketplace to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

9.1.7. Impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

9.1.8. Decrypt or decipher any communications sent by or to our website without our permission;

9.1.9. Conduct any systematic or automated data collection activities (including without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to our Marketplace without our express written consent;

9.1.10. Access or otherwise interact with our marketplace using any robot, spider or other automated means, except for the purpose of search engine indexing;

9.1.11. Use our marketplace except by means of our public interfaces;

9.1.12. Violate the directives set out in the robots.txt file for our Marketplace.

9.1.13. Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

9.1.14. Do anything that interferes with the normal use of our Marketplace to its detriment.

10. Due Diligence

10.1. We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

10.2. A User agrees to provide to us all such information, documentation and access to their business premises as we may from time to time require in order to verify your adherence to, and performance of, your obligations under these terms and conditions;

10.3. For the purpose of disclosures pursuant to a valid order by a court or other governmental body; or

10.4. As otherwise required by law or applicable regulation.

11. Famunera's Role and Liability on the Marketplace

11.1. A User acknowledges that:

11.1.1. Famunera provides a digital marketplace for users to;- conduct supply chain traceability; benefit and create export market linkages; source farm inputs; and unlock financing which depending on the transaction a User may be a seller and thereto sell their products and or a buyer and thereto purchase products from other Users;

11.1.2. The relevant seller of the product (whether Famunera is the seller or whether it is a third-party seller) shall at all times remain exclusively liable for the products they sell on the marketplace; and

11.1.3. The relevant seller warrants and represents the completeness and accuracy of their information published on our marketplace relating to their products;

11.1.4. The relevant seller warrants and represents that the material on the marketplace is up to date; and

11.1.5. If a buyer has a complaint relating to the accuracy or completeness of the product information received from a seller (including where Famunera is the seller), the buyer can seek recourse from the relevant seller by reaching out them and notifying us in writing to follow up.

11.1.6. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and a User shall not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing on the marketplace. This is without prejudice to your rights in respect of any unfulfilled orders.

11.1.7. If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure, we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions.

11.2. To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace as expressed hereunder;

11.2.1. In respect of the services offered to you free of charge or arising from a promotion, Famunera shall not be liable to you for any loss or damage of any nature whatsoever.

11.2.2. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 11.2.

11.3. Notwithstanding section 11.2 above, we will not be liable to you for any loss or damage of any nature, including in respect of:

11.3.1. Any losses occasioned owing to a User's failure to verify the quality of the goods and or their fitness for the intended purpose through their trusted agent prior to entering a transaction with a user on the Market place.

11.3.2. Any losses occasioned by any interruption or dysfunction to the website;

11.3.3. Any losses arising out of any event or events beyond our reasonable control;

11.3.4. Any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

11.3.5. Any loss or corruption of any data, database or software; or

11.3.6. Any special, indirect or consequential loss or damage.

12. Force Majeure

We do not warrant or represent that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond Famunera's control (force majeure events) which include but are not limited to; flood, drought, earthquake or other natural disasters; hacking, viruses, malware or other malicious software attacks on the marketplace; terrorist attacks, civil war, civil commotion or riots; war, threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.

13. Dispute Resolution

In the event of any dispute relating to terms contained in this contract, the parties agree to resolve the matter amicably. In case of failure to reach an amicable solution, the parties shall resort to negotiation. Where negotiation fails, the recourse may be made to the Courts of Uganda.

14. Applicable Law

The construction, validity and performance of this Agreement shall be governed by the laws of Uganda.

15. Entirety

These general terms and conditions and the Famunera codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

16. Hierarchy

Should these general terms and conditions, the seller terms and conditions, and the Famunera codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Famunera codes, policies and guidelines shall prevail in the order here stated.

17. Variation

We may revise these general terms and conditions, the seller terms and conditions, and the Famunera codes, policies and guidelines from time to time. The revised general terms and conditions shall apply from the date of publication on the marketplace.

18. Severability

18.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Assignment

19.1. A User hereby agrees that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

19.2. A User shall not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of their rights and/or obligations under these general terms and conditions.

20. Third-Party Rights

A contract under these general terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.

21. Contact Us

If you have any questions, comments, or further information concerning the General Terms & Conditions of Use, or to request changes to your Personal Information, subject to such limitations as provided herein, please contact;-

FAMUNERA LTD,

Kampala, Uganda

E-mail: [email protected]