Website User Agreement

Welcome to thatsfarming. Access to or use of this Website ("Our Website" "Our Network" or "thatsfarming.com") and the provision of our services on this Website are subject to you accepting this Website User Agreement, and all of its Terms and Conditions, Legal Disclaimers, our Advertising Terms and Conditions, our Enquiry Form User Terms and Conditions, our Privacy Policy, appearing on the Website (the "Agreement"), all of which you should read carefully before you start to use this Website. By accessing and using this Website, you confirm that you have read, understand and accept this Agreement and that you agree to abide by its terms and conditions each time you access and use this Website. If you do not agree to all of this Agreement you should not use this Website. You agree that we may change this Agreement at any time and any change will become effective immediately once posted by us on the Website. Please check this Agreement from time to time as your continued use of the Website means you accept the Agreement on the Website at the time of your use.



Conditions of Access and Use of this Website and the thatsfarming.com Service

Interpretation

Thatsfarming.com Service, may also be referred to as "we", "us" or "our" in this Agreement. The services which are made available on our Website, thatsfarming.com Service ("Our Website"), by us from time to time will, among other things, allow you (for personal, commercial or non-commercial use) to create, publish and manage written and graphic advertisements for farm related goods/equipment/products for sale or wanted, farm related services for sale or wanted, farm property for sale or wanted, Farm related job vacancies available or sought, farm related shows and events, place premium listings, place banner advertisements on selected web pages, (these uses may be described as "Advertise" "Advertising" "Advertisements" "Advertiser" ), contact other users of our Website, view advertisements, search our database for advertisements and information regarding a specific product, service, seller, business, and/or in a specific location, invite people you know to view the Website, submit news items, submit comments on the forum, view information, data, text, photographs, graphics, video, messages and other materials, view third party material (described as "Content") as part of the thatsfarming.com Service (defined below) and any of these uses will be defined as "Use" of or "Using" our Website. When accessing and using our Website as an unregistered user or as a registered user you are described as a "User". The Terms and Conditions of this Agreement apply to each User of our Website for whatever use.

Terms and Conditions of use

  1. Using and Accessing our Website, Content and the 'ThatsFarming' Service Registration

    1. Before using our Website for the purposes of posting content of any description, or to respond to certain content, you are required to register with thatsfarming.com using the "Register Now" facility on our Website where you are required to enter a valid email address, a Username (this is a screen name not necessarily your real name) and a Password, along with your full legal name, address, and contact details. To become a registered User you must be an individual, company, club, or organisation, or any entity that wishes to use the Website or the thatsfarming.com Service for the purposes intended and you must be human: no machines, scripts, or automated services may be used to register on our Website. On completion of your registration you will be allocated a User ID ("User Identifier") on our system. You can then access our website using the "Login" facility be entering the email address and password you provided during registration. Once logged in you can avail all of the free services to submit content, and the paid for services on payment of the appropriate fee, we provide on our Website subject to this Agreement, via a User Control Panel provided for you. Failure to correctly complete or enter correct details during the registration process may result in failure to register or refusal or withdrawal of your registration.
    2. When using our Website for placing an advertisement you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes. Please refer to Item 6 below "Advertising" and our Advertising Terms & Conditions before posting any advertisement.
    3. When using our Website for any purpose you agree not to submit untrue, fraudulent, obscene, or defamatory, information, posts data, text, photographs, graphics, video, messages and other materials. All items of news, data, text, photographs, graphics, video, messages and other materials submitted when using our Website are the responsibility of the submitting User and any infringement of copyright on behalf of the submitting User remains the responsibility of that User.
    4. We have the right to disable, suspend or restrict any password, username, User Identifier, URL, contact details, IP address or other method that we may allow to be used on the Website from time to time to identify users (whether chosen by you or allocated by us) at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement. You may not: (a) enter, select, submit or use a false name, business name, address, email address, contact details, or those owned or controlled by another person with the intent to impersonate that person, (b) use a User Identifier without appropriate authorisations or rights or (c) use or submit a name, business name, address, email address, contact details, to us in respect of which you are not the registered owner, bill-payer and/or account holder. We reserve the right in our sole discretion to refuse registration of, suspend or cancel a User Identifier's use or access rights to our Website without notice.
    5. You shall be responsible for maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities that occur under your User Identifier in connection with this Agreement. Any User Identifiers created by you or submitted for your access to the thatsfarming.com Service and Website shall be for your personal use only and are non-transferable. You agree to (a) immediately notify us of any unauthorised use of your User Identifier as registered on our Website or submitted to us by you, or any other related breach of security and (b) if we from time to time allow you to login to restricted areas of the Website using an user Identifier, ensure that you logout at the end of each session following the instructions on our Website. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
    6. If you forget or lose your user Identifier details used for the purposes of accessing restricted areas of the Website, you should request these from us by visiting the "Forgotten" section of the Website. As a condition of your access and use of our Website, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement.
    7. We have no obligation to monitor or moderate any user's activity or use of our Website and/or the thatsfarming.com Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement. Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use our Website, and we will decide in each case whether it is appropriate to use moderation or pre-approval of use of, our Website (including what kind of moderation to use) in the light of those risks. We expressly exclude our liability for any loss or damage arising from the use of our Website by a user in contravention of our Agreement, whether the service is moderated or not and whether or not content or use has been reviewed by us prior to appearing on the Website.
    8. We do encourage the use by you of the "Report Content" mechanism which we have placed on our Website which allows you to report any content that is in breach of this Agreement or in any other way objectionable.
    9. The use of our Website and/or the thatsfarming.com Service by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use our Website and/or the thatsfarming.com Service that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements or use is not guaranteed or foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
    10. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection, including any minors, are aware of these terms, and that they comply with them. Access to our Website is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of our Website without notice or liability.
    11. You agree that you shall not (and you agree not to allow any third party to): modify, adapt, translate, or reverse engineer any portion of our Website; or remove any copyright, trade mark or other proprietary rights notices contained in or on our Website or in or on any content or other material obtained via our Website; or use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of our Website; or access, retrieve or index any portion of our Website for purposes of constructing or populating any database; or collect any information about other users or users of our Website (including User Identifiers) for any purpose other than to use our Website for the purposes of using the Website in the manner intended by us; or reformat or frame any portion of the web pages that are part of our Website; or create user accounts by automated means or under false or fraudulent pretences or create multiple log ins; or create or transmit unwanted electronic communications such as "spam" to other users of our Website or otherwise interfere with other user's enjoyment of our Website; or transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or use our Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; or copy or store any content offered on our Website for other than your own use; or use any device, software or routine that interferes with the proper working of our Website; or otherwise attempt to interfere with the proper working of our Website and/or the thatsfarming Service; or take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or use our Website, intentionally or unintentionally, to violate any applicable law; or collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or engage in or promote any of the following (or what we deem similar): surveys, contests, pyramid schemes, chain letters, get rich quick promotions, profit sharing promotions, unsolicited e-mailing or spamming via our Website; or impersonate any person or entity; or upload, post, e-mail, transmit or otherwise make available using our Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
    12. As per the Terms & Conditions of this Agreement, we reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you any time without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on our Website at any time.


  2. User Content

  3. These provisions apply to any and all content which you contribute to our Website, and to any interactive services associated with it and you must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
    1. You are solely responsible for any content that you submit, publish or display on our Website or transmit to other Website users. You understand that all information publicly posted or privately transmitted through our Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user's use of the Website. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using our Website. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
    2. By posting content on our Website, you grant to us, and you represent and warrant that you have the right to grant, us, our contractors, and the users of our Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content. This licence is non-exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your content with the content of other users for purposes of constructing or populating a searchable database of content. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.
    3. Content must be accurate (where it states facts), be genuinely held (where it states opinions), comply with applicable law in any country from which it is posted.
    4. Any content that; comments on, defames, abuses, harasses, stalks, threatens or otherwise offends others; that is unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate; that breaches any applicable laws or regulations; that deceives or misleads any person and/or entity; that falsely states, impersonates, or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; that; uploads, posts, emails, transmits or otherwise makes available any content or initiates communication which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that uploads, posts, emails, transmits or otherwise makes available any content or initiates communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; that uploads, posts, emails, transmits or otherwise makes available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; that uploads, posts, emails, transmit or otherwise makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or interferes with or disrupt our Website or network or servers connected to our Website, or disobeys any requirements, procedures, policies or regulations of networks connected to our Website, is prohibited from our Website.
    5. We do not control the content posted by users of our Website, including the content of any advertisements or forum postings, and we do not guarantee the accuracy, integrity or quality of such content. You understand that by using our Website, you may be exposed to content that is offensive, indecent or objectionable. You are responsible for complying with all laws applicable to the content you submit to our Website. We may refuse and/or delete any content without prior notice to any user for any or no reason.
    6. When posting content on selected sections of our Website you can choose to display or hide your identity to other users during the posting process. The presence or absence of your identity surrounding any such content posted by you does not in any way prejudice this Agreement or any part thereof.
    7. The use of third party information by you is your responsibility and any breach of copyright laws by you in respect of any information posted on our Website by you is your responsibility.
    8. For further information, please see our Advertising Terms and Conditions.


  4. Suspension and Termination

    1. You agree that we may, with or without cause, delete your content and terminate your access to our Website Services or User Identifier without prior notice at our sole discretion. The deletion or otherwise of any content should not be viewed as an indication of wrongdoing on the part of the Submitting User.
    2. Without limiting the foregoing; any breach of this Agreement, or any request by law enforcement or other government agencies about you or any content that you have posted on our Website, or any request by you (self-initiated deletions), or any unexpected technical issues, or problems and extended periods of inactivity, may lead to a deletion by us of a user's Content and/or termination of access to.
    3. Deletion of any of a user's content and termination of access to our Website Services may result in the removal of all content that we may decide to delete. It may also result in preventing your further use of our Website or a User Identifier, depending on the circumstances. Furthermore, you agree that all termination of this Agreement or your use of our Website by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to our Website Services or removal of content.
    4. You understand and agree that we may review and delete any content that in our sole judgment breach this Agreement or which might be offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users of our Website or us.
    5. We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of our Website. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
    6. Failure by you to comply with this Agreement may result in us immediately temporarily or permanently; withdrawing your right to use our Website Services, removing any content uploaded by you to our Website, issuing of a public (via the Website) or private warning to you, limiting the content submissions you may make, suspending, restricting or limiting any rights or permissions associated with your User Identifier, and may also result in us instigating legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from any such noncompliance, other legal action against you; and/or us disclosing any such information to law enforcement authorities as we reasonably feel is necessary.
    7. We exclude liability for actions taken in response to any failure to comply with the terms of this Agreement in respect of Access to, Use of or content submitted to, our Website. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate.


  5. User Complaints

    1. If you have any concerns about material which appears on our Website or if you believe that content posted on our Website breaches this Agreement or is in any other way objectionable, please notify us through the "Report Content" mechanism on the Website or email support@thatsfarming.com specifying the full details of your concern or complaint, specifying the reasons for your concern or complaint making clear reference to any connected such content.
    2. If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other users of our Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
    3. We will make all reasonable endeavours to respond to complaints received as soon as possible. Please note that from time to time it may take some time to investigate complaints.
    4. You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of our Website. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the tight to take any and all appropriate action against you under the terms of the Agreement.


  6. Payment of Fees

    1. Certain Advertisements on our Website may involve the payment of a fee by the Advertiser. Where a fee is involved notification of the amount of the fee is displayed on the relevant advertisement category you select. When submitting a free or paid for advertisement; once you have completed the process of submitting your advertisement an auto generated email confirming receipt of your order for thatsfarming.com Services, this email does not constitute an acceptance of your order. In the case of advertisements requiring a fee, your order for posting any such advertisement on our Website will not be accepted and an agreement concluded between us and you until the payment of that fee has been received by us. By submitting your advertisement to us, you are deemed to have agreed to this Agreement. Once your advertisement is submitted to us your request for our services cannot be cancelled. Your advertisement will be displayed as soon as payment is processed, subject to the terms of this Agreement. You may delete the advertisement by logging into your User Control Panel. Please also see our Advertising Terms and Conditions.
    2. The use of certain Services on our Website by suppliers may involve the payment of an annual membership fee. Where such a fee is involved you will receive notification at the time of attempting the use of that service. In the case where membership payment is required for a particular use, your use of that Service will not be accepted and an agreement concluded between us and you until the payment for that Service has been received by us.
    3. All fees involving the use of our Website are selectable in the currency of your choice and are displayed exclusive of any taxes that may applicable at the location of sale and any additional taxes that may be imposed at location of purchase.
    4. Fees are Payable by credit transfer or using our merchant account provider Stripe. By choosing to pay using Stripe you will be directed to the Stripewebsite, https://www.Stripe.com and you will be subject Stripe's User Agreement and Privacy Policy. We are not responsible for Stripe's services and you should separately review and confirm that you are agreeable to their terms prior to making any payment.


  7. Advertising

    1. Subject to this Agreement, advertisements will be displayed for the period stated, or selected by you where a display period selection is available, on our Website from the date it is placed. If you wish to extend this period you will be required to resubmit your request for the Advertising Service and to make a further payment for those services.
    2. Content which comprises advertising material will appear on our Website. Individual advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
    3. Please note that the content of the published ads is provided by external users, and do not represent any views or opinions of our Website, nor should they purport to do so. Accordingly, we require that every care is taken by you or on your behalf in drafting the content of your advertisements in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your advertisement.
    4. Advertisements published on thatsfarming.com are also subject to our Advertising Terms & Conditions.


  8. Intellectual Property

    1. We are the owner of all intellectual property rights in our Website and in the Content published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
    2. Our Website, (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as works, databases, collective works and/or compilations under worldwide copyright laws. All individual advertisements, articles, content and other elements comprising our Website are also copyrighted works. Except for the content submitted by users, our Website, User Identifiers, and all aspects of them, including all copyrights, trademarks, and other intellectual property or proprietary rights, are owned by us or us. You acknowledge that our Website and User Identifiers and any underlying technology or software used in connection with our Website, contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on our Website, in whole or in part except as expressly provided. Except as expressly and unambiguously provided in this Agreement, we and our advertisers do not grant you any express or implied rights, and all rights in the thatsfarming.com Service not expressly granted by us to you are retained by us.
    3. If it is determined that you retain moral rights in the content, you confirm and agree that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates to the content; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
    4. We are the proprietor of the trade mark thatsfarming.com and thatsfarming All product or service names mentioned on our Website are the trademarks of their respective owners, and other trademarks may be displayed on our Website from time to time. Some material on our Website may contain other information containing intellectual property of a third party. Nothing displayed on our Website should be construed as granting you any licence or right of use of any logo, information or trademark displayed on it, without the express written permission of the relevant owner, except as expressly provided in this Agreement.
    5. You may reproduce material from our Website for your own personal, non-commercial reference and you may draw the attention of others to material posted on our Website. Reproduction of material from our Website for other purposes is permitted, provided that the source of the material is acknowledged. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of our Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on our Website for the purposes of viewing it while connected to the internet only.
    6. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
    7. Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website must always be acknowledged by you. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.
    8. If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our the Services of Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.


  9. Disclaimer

    1. Our Website is provided on an "as is" basis only. You should not rely on any content and/or other material on our Website to make, or refrain from making, any decision or to take, or refrain from taking, any action on which reliance should be placed. We will not be held liable and/or responsible for any reliance placed on such content and/or materials by any user of our Website, or by anyone who may be informed of any of the content. We accept no responsibility for keeping the information on our Website up to date or complete or liability for any failure to do so.
    2. The content and other material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude; all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    3. Nothing in this Agreement shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by negligence of the thatsfarming.com Service or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
    4. We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on our Website.
    5. Although we make all reasonable endeavours to ensure that our Website is free from viruses and defects, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
    6. We do not guarantee the security of our online services or any systems connected with the use of our Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to our Website or any systems used in accessing our services will be continuous or virus or error free.
    7. Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from our Website shall create any warranty not expressly stated in this Agreement.
    8. Content on our Website referring to any products, process or service by trade name, trade mark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation or validation by us. We have not independently verified the accuracy of any description of any goods or services advertised on our Website. The views, opinions and other content posted by users on our Website are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it.


  10. Indemnity

    1. You agree to indemnify and hold thatsfarming.com, our officers, directors, shareholders, employees, agents, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your access to or use of our Website or its content in a manner that breaches or is alleged to breach this Agreement, or the infringement by you, or any third party using your user identification name or password, of any intellectual property or other right of any person or entity.
    2. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with this Agreement, including our Privacy Policy. You warrant that any such content complies with this Agreement, and you indemnify us for any breach of that warranty.
    3. Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose and you indemnify us from any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, any failure on your part regarding the uploading of any such content. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.


  11. Links to and from Our Website

    1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission or in order to directly compete with our Website and redirect traffic from it. You must not establish a link from any website that is not owned by you.
    2. We reserve the right to withdraw linking permission without notice. Our Website (in whole or in part) must not be framed on any other website or in any other way altered or displayed in a different manner to the manner which we display it. If you wish to make any use of material on our Website other than in the manner that is in this Agreement, including as set out above please contact us.
    3. When advertising on our Website you may be permitted to place a link to you or your business with particular advertisement types, and any such link is deemed to be part of that advertisement and the link will expire when that advertisement expires or is removed by us or you for whatever reason.
    4. Where our Website contains links to other websites and resources provided by Banner Advertisers, advertisers using our Website or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.


  12. Contact from Us

    In the course of providing you services and in respect of your use of our Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which relate to your use of our Website and that are necessary for the normal functioning of the Website, and which may be of benefit to you in your use of our website or arising from the use of our Website by another user, including emails which help inform users about functionality of the Website.


  13. Privacy Policy

    We at thatsfarming.com respect your right to privacy and comply with our obligations under the Data Protection Acts. The purpose of our Website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting our Website, and it forms part of our Agreement with you. Naturally, if you are not happy with our Website Privacy Policy you should not use our Website. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites. Please view our Privacy Policy by clicking this link thatsfarming Privacy Policy


  14. Governing Law and Jurisdiction

    This Agreement shall be governed by, and construed in accordance with Irish law and any dispute which may arise out of or in connection with this Agreement or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceeding against you for breach of this Agreement in your country of residence or any other relevant country. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.


  15. Waiver

    A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.


  16. Severability

  17. In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this Agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.

  18. Assignment and Entire Agreement

    1. We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
    2. This Agreement contains the entire agreement and understanding between the parties relating to our Website, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between the Privacy Policy and this Copyright Notice and Legal Disclaimer then this Copyright Notice and Legal Disclaimer takes priority.


  19. Recommendations

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about our Website and/or the thatsfarming.com Service, provided by you to us are non-confidential and may be used by us at our discretion.


  20. Refund Policy

    1. Refunds are discretionary unless stated otherwise in our terms of business. All requests for a refund will be considered on their merits and so you submit all relevant information and copies of correspondence and other documents when making your request.
    2. Requests for refunds should be sent as a logged enquiry to the Customer Care Team from the support section of your online Account.
    3. We will endeavour to deal with requests for refunds within 10 working days.
    4. Where you have terminated your agreement with us the particular provisions relating to your liability on termination will apply
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