User Agreement

Welcome to the User Agreement for Gofarmer. The services available at http://www.gofarmer.com are provided by Gofarmer located at Postal Address PO Box 229, Stara Zagora, 6000, Bulgaria.

This Agreement describes the terms and conditions applicable to your use of our services at http://www.gofarmer.com. If you do not agree to be bound by this Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Gofarmer. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as an Gofarmer member.

By agreeing to this User Agreement, you also agree that your use of other Gofarmer web sites will be governed by the terms and conditions posted on those web sites.

We may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement on our site. Any amended Agreement will govern new user registrations from the date that it is posted on our website. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice.

This Agreement is effective for all current members and all new members and was last revised on 31st March 2008.

1. Our rights.

Our services are not available to persons under the age of 16 years or to temporarily or indefinitely suspended Gofarmer members. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Your Registration Obligations

On registering you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You agree to maintain and promptly update these details to keep your contact information true, accurate, current and complete. If you provide any information that is not true or your details are not complete and current or Gofarmer as any reason to suspect that such information is not true or incomplete, your membership may be suspended or terminated.

You specifically agree to keep your email address updated and provide a valid and deliverable email address. If your email address is found to be invalid you may be deleted from the Gofarmer database and all your adverts removed if you are a Seller, regardless of how much longer there is to go before your subscription expires.

3. User ID and Password.

Your User ID is your email address and you will also choose your own password. Both these are case sensitive. You are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person. Should you forget your password you may request it through the site by filling in your email and answering the secret question you set on registering. You are responsible for maintaining the confidentiality of the password for your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Gofarmer of any unauthorised use of your account and ensure that you exit and log out of your account at the end of each session. Gofarmer cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 3.

4. Description of Service

Gofarmer providers registered Sellers with a way to advertise their products. Registered Buyers and other Sellers may then search through the product listing and if they want more information about your product they can view your contact details and either email you, telephone you or contact you by mail. Gofarmer also provides a forum where you may meet other members, discuss farming related issues, ask questions or take part in other general discussions. No advertising is allowed in this forum and anyone found to be advertising may have their membership terminated. You must register separately for this forum by accessing it through the members area and you must agree to bide by any additional terms and rules for using the forum.

You also understand and agree that the service may include certain communications from Gofarmer, such as service announcements, administrative messages and a newsletter, and that these communications are considered part of the Gofarmer membership. The newsletter may contain third party advertisements.

Unless explicitly stated otherwise, any new features that are added to the current service shall be subject to these terms and conditions. You understand and agree that the service is provided 'AS-IS' and that Gofarmer assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, adverts, product details or personalization settings.

You are responsible for obtaining access to the service and that access may involve third party fees such as Internet Service Providers or airtime charges. You are responsible for those fees.

As a registered Seller you are responsible for the content of any adverts you choose to post. You are also responsible for negotiating delivery terms and costs with the Buyer and Gofarmer is not responsbile for any delivery costs or other costs.

5. About Gofarmer

5.1 Gofarmer is not an auctioneer or sales person. Although, we are commonly referred to as an online sales web site, it is important to realise that we are not a traditional seller. Gofarmer acts as a venue which allows registered users to offer, sell, and buy just about anything, at any time, from anywhere. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

5.2 Restricted Items. You must not offer, sell, export, bid for, buy or import firearms, knives or other offensive weapons of any sort, or explicit sexual materials or other items of an adult nature. You must not offer or sell dangerous items, or items in a condition liable to cause harm to people or property. Gofarmer does not accept any obligation to protect you from unsafe items listed for sale on the Gofarmer website. Please do not assume that items listed will be harmless to people or property.

5.3 Identity verification. Gofarmer cannot and does not confirm the purported identity of users or the validity of the information which users post to our website. We encourage you to communicate with potential trading partners using the tools available on our website.

5.4 Release. In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Gofarmer (and our subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

5.5 Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. You understand that all information, data, text, photographs, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means you, and not Gofarmer, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via this service.

6. Buying.

As a buyer, you will be obligated to complete an agreed transaction with a seller, not Gofarmer.

7. Listing and Selling.

Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing, and that it is lawful to sell such item within the country you intend to sell to or (if the buyer is resident overseas from you) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. All items must be listed in an appropriate category.

8. Fees

Unless otherwise stated, all fees are payable in GB Pounds sterling but Worldpay does accept payments in Euros also.

9. Dealings with Advertisers

Any correspondence, agreements or business dealings between you and advertisers or sellers or participation in promotions of advertisers and third parties, including delivery of products and goods and payment for products or goods and any dispute in relation to goods or products purchased are solely between you and the advertiser or seller. You agree that Gofarmer will not be held responsible or liable for any loss or damage of any sort incurred as the result of such dealings with sellers or as a result of the presence of such advertisers on the service.

10.1 Definition: "Your Information" is defined as any information you provide to us or other users in relation to the Gofarmer service including the registration and the listing process (including, without limitation, any description of items listed), and any other content that you post within our website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Your contact details such as name, address, telephone number, email address and website address are collected on registering in order that your details can then be displayed to propective buyers and these buyers can then contact you if interested in your product. You can change You Information at any time by logging into your members area and editing either your contact details or your product details.

10.2 Restrictions - Your Information and your activities on our Site must not:

a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.

You must not list any item on our website (or complete any transaction initiated using our service) that, by paying to us the membership fee, could cause us to violate any applicable law

You acknowledge that Gofarmer doe not pre-screen any content posted by members but that Gofarmer shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service, including members' adverts. If your product details violate any of these terms or conditions or if you have posted your product in the wrong category, Gofarmer may remove your advert. Gofarmer also reserves the right to remove any objectionable post in the forum, including but not limited to any post that is defamatory against Gofarmer.

You agree you must evaluate, and bear all risks associated with the use of any content, including the reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Gofarmer or submitted to Gofarmer, including, but not limited to, product descriptions and forum posts.

You agree to only use other members' contact details in order to contact them about items they have for sale on the website and you may not contact another user for any other reason.

10.3 Licence To enable Gofarmer to use Your Information: you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known. Our Privacy Policy will govern use of Your Information.

11. Access and Interference with Service and Use of Service.

You agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use of any device, software or routine to interfere or attempt to interfere with the proper working of our website or any sale being conducted on our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to Gofarmer by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of Gofarmer or the relevant Gofarmer user.

You agree you will not use the service to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harrassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You will not use the service to harm minors in anyway. You will not impersonate any person or entity, including but not limited to Gofarmer administrators or forum administrators or misrepresentate your affiliation with a person or entity.

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us ; or (c) if we believe that your actions may cause legal liability for you, our users or us.

13. Privacy.

Please note that Your Information will be stored and processed on our computer and Gofarmer will hold and transmit your Information in a safe, confidential and secure environment. Gofarmer will never sell or rent your personal information to third parties except as described in the Privacy Policy. If you object to your Information being transferred or used in this way please do not register.

Please refer to our Privacy Policy for further information.

You acknowledge, consent and agree that Gofarmer may access, preserve and disclose your account information and content if required to do so by law or in good faith or belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce these terms and conditions, respond to claims that any content violates the rights of another person or entity, respond to your requests for help with the service or protect the rights, property, or personal safety of Gofarmer , its users and the public.

You understand that the technical processing and transmission of the service, including your content may involve the use of other networks.

You understand that your contact details will be available for all other registered users to see as part of the full description of your product and that they may then contact you for further information,

14. No Warranty.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Gofarmer makes no warranty that the service will meet your requirements or be fit for a particular purpose or be error free. Gofarmer does not guarantee any results from advertising on this site or warrant that goods or services purchased will be of a sufficient quality.

Any information downloaded or otherwise obtained from the use of this site is done so at your own discretion and risk and you will be solely responsible for any damage caused to your computer system or loss of data that results from the download or use of this service

A Small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using this service. Certain conditions may induce previously undetected eplileptic symptoms and it is recommended that if you or anyone in your family suffers from such a condition, you consult your doctor before using this service. Immediate discontinue using this service if you suffer any dizziness, altered or blurred vision, muscle twitches, convulsions or any other symptoms when using this service and consult your doctor.

15. Termination of membership

If you fail to abide by any of these terms or conditions or misuse the forum in anyway your membership may be terminated and all your products removed from the site if you are a registered Seller. Your membership to the forum will also be deleted. You will not receive any refund for your membership and Gofarmer is not responsible for any other loss you may suffer as a result of your membership being terminated.

If you voluntarily choose to cancel your membership by cancelling your Worldpay/FuturePay Subscription, all your products will be immdeiately and automatically removed from the site and you will no longer have access to the members area and may not be able to access the forum. IMPORTANT - if you choose to cancel your Gofarmer membership before the expiry of your year's subscription, no refund will be given for the remaining period and your adverts will be immediately deleted AND YOU MUST ALSO CANCEL YOUR WORLDPAY FUTUREPAY Subscription to Gofarmer otherwise you will still be re-billed at the end of your subscription period automatically. It is YOUR responsibility to cancel your Worldpay Subscription. If you fail to do this and are charged for a further year's subscription, no refund will be offered or given. You can cancel your Gofarmer agreement at any time by cancelling your Worldpay Subscription. Please ensure you keep your Worldpay login details on creating your subscription.

If you choose not to renew your membership at the end of your one year term, your products will all be removed when your membership expires and your forum membership may also be terminated. IMPORTANT - you are auomatically re-billed at the end of your subscription period unless you cancel your Worldpay subscription. No refunds are given if you fail to cancel your Worldpay subscription and further money is taken from your credit card.

16. Limitation of Liability.

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100.

17. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

18. Notices.

Unless otherwise explicitly stated, notices to Gofarmer must be sent by registered mail to Gofarmer, PO Box 229, Stara Zagora, 6000 Bulgaria, and notices to you will be sent to the email address that you provide to Gofarmer during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail or by posting on the site. Notices sent by registered mail will be deemed received 3 days following the date of mailing.

19. Governing Law and Legal Compliance.

This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.

If a sale is been agreed between the seller and buyer, if both parties are based in the European Union then the seller's local law will govern further dealings as to shipment, payment etc. unless you both explicitly agree otherwise. Note however, that your country (and/or that of any user you deal with) may have laws which apply regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

20. Refund Policy

Refunds are NOT given if you decide you no longer want to remain a member of Gofarmer and you have time left on your subscription or if you fail to cancel your Worldpay subscription and are rebilled at the start of your next year's membership.

If you do wish to discuss receiving a refund please contact rachel@gofarmer.com stating your reasons and please do so within 7 days of purchasing your membership, however, please note than in general no refunds are given.

21. Dispute Resolution.

Disputes between you and Gofarmer regarding our services may be reported to Gofarmer. We encourage you to report all disputes between users to your local law enforcement body. However, any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by Gofarmer. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

22. Third Party Rights.

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

23. Copyright and Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Gofarmer site, including but not limited to your user ID and password, use of the service and access to the service.

The Gofarmer logo and name are trade mark protected and the site design is protected by copyright and may not be reproduced without the express written agreement of Gofarmer.

24. Modifications to Service

Gofarmer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this service or any part of the service with or without notice. You agree that Gofarmer will not be liable to you or to any third party for any modification, suspensions, disruption or dicontinuation of the service and/or website. Gofarmer also reserves the right to sell this site together with the membership base at that time and with details of all users to a new owner.

Gofarmer may from time to time add additonal categeories or subcategories to the site

25 Links on Site

The Gofarmer Website may provide links to other websites or Sellers or advertisers may include a link to their website. Gofarmer has no control over such sites and so you acknowledge that Gofarmer does not endorse and is not responsible for the content, products or resources or any other material on or available from such sites and you agree that Gofarmer will not be responsbile for any loss or damage, howsoever caused or alleged to be caused by or in connection with the use of or reliance on the content, goods or services of other websites.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Gofarmer, in our sole discretion, to a third party in the event of a merger or acquisition. You and Gofarmer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

This Agreement will prevail over any conditions of sale imposed by a seller and our Privacy Policy is incorporated in this Agreement by reference. Each of the policies may be amended from time to time by posting the changes on the Website or notifying you by email or post.

This Agreement supercedes any prior agreements between you and Gofarmer.

The failure of Gofarmer to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of this agreement is found to be invalid, the parties agree that effect should be given to the parties' intentions as reflected in the provision, and all other provisions of this Agreement shall remain in force.

Your Gofarmer ID and account is not transferrable unless written consent is provided by Gofarmer and on your death your Gofarmer account will terminate. Upon receipt of a Death Certificate, your account will be terminated and all products deleted.

The clause headings in this Agreement are for convenience only and do not form part of the Agreement.

Please report any violations of these terms and conditions to Gofarmer