Terms & Conditions

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or App to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website or App and content made available in or otherwise accessible through our Website or App, strictly in accordance with this Agreement.

You will not use, copy, adapt, modify, prepare derivative works based upon our Website or App, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or App, except as expressly permitted in this Agreement. When using and accessing our Website or App, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE OR APP. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO COMPLETE FARMER FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE OR APP.

You agree that our Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Complete Farmer and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Website or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website or App, in any manner, and you will not exploit our Website or App in any unauthorized way whatsoever, including but not limited to, using our Website or App to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website or App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website or App.

As a condition to access our Website or App, you agree to this Agreement and to strictly observe the following:

1. Required Conduct
   1. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
   2. Provide accurate information to Complete Farmer and update from time to time as may be necessary;
   3. Review our Privacy Policy; and
   4. Review and comply with notices sent by Complete Farmer, if any, concerning our Website or App.
2. Prohibited Conduct
   1. Creating more than one Account;
   2. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or App (excluding any User content);
   3. Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or App, or any part thereof;
   4. Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive with us;
   5. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Complete Farmer unless you have entered into a written agreement with us;
   6. Adapt, modify, or create derivative works based on our Website or App or technology underlying our Website or App, or other users’ content, in whole or in part;
   7. Rent, lease, loan, trade, sell/re-sell access to our Website or App or any information therein, or the equivalent, in whole or part;
   8. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
   9. Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
   10. Use automated methods to add contacts or send messages;
   11. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
   12. Attempt to or actually access our Website or App by any means other than through the interface provided by Complete Farmer;
   13. Attempt to or actually override any security component included in or underlying our Website or App;
   14. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
   15. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or App, including those of both Complete Farmer or any of our licensors;
   16. Use any information obtained from our Website or App to harass, abuse, or harm another user; or
   17. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

You understand and agree that you may receive information and push notifications from Complete Farmer via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Complete Farmer.

1. Email Contact: We may send promotional messages about us and our products and services related to our Website and App to your email. When you send us a query email at support@completefarmer.com, you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Use and our Privacy Policy.
2. Push Notification: You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website and App.

Your access to and use of our Website and App or any content are at your own risk. You understand and agree that our Website and App are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or App or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or App or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or App; and (iv) whether our Website or App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website or App, will create any warranty or representation not expressly made herein. Your access to and use of our Website and App or any content are at your own risk. You understand and agree that our Website and App are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or App or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or App or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or App; and (iv) whether our Website or App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website or App, will create any warranty or representation not expressly made herein.

Complete Farmer DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE OR APP, BUT Complete Farmer WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL Complete Farmer BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND Complete Farmer SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.

We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website or App at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy , (ii) you create risk or possible legal exposure for Complete Farmer; or (iii) our provision of our Website or App to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website or App.

All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.

If you believe that any content on our Website or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“ DMCA Takedown Notice”) must be provided to our designated Copyright Agent.

1. Your physical or electronic signature;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our Website or App that you claim is infringing and that you request us to remove;
4. Sufficient information to permit us to locate such material;
5. Your address, telephone number, and email address;
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Complete Farmer’s Copyright Agent to receive DMCA Takedown Notices is Peter Yefi dmca@completefarmer.com at Complete Farmer, Attn: DMCA Notice, Completefarmer Technologies Inc., 03 Abeasi Street, Accra, Ghana. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Complete Farmer in connection with the written notification and allegation of copyright infringement.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPLETE FARMER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. Binding Arbitration

   Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Complete Farmer agree (a) to waive your and Complete Farmer’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website or App, resolved in a court, and (b) to waive your and Complete Farmer’s respective rights to a jury trial. Instead, you and Complete Farmer agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).

2. No Class Arbitrations, Class Actions or Representative Actions

   You and Complete Farmer agree that any Dispute arising out of or related to these Terms of Use or use or access of our Website or App is personal to you and Complete Farmer and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Complete Farmer agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Complete Farmer agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

3. Federal Arbitration Act

   You and Complete Farmer agree that these Terms of Use affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

4. Federal Arbitration Act

   You and Complete Farmer agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Complete Farmer shall be sent by certified mail or courier to Complete Farmer, Attn: Anis Manjhi, Completefarmer Technologies Inc., 03 Abeasi Street, Accra, Ghana. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Complete Farmer account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Complete Farmer cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Complete Farmer may, as appropriate and in accordance with this Section, commence an arbitration proceeding.

5. Notice; Informal Dispute Resolution

   You and Complete Farmer agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Complete Farmer shall be sent by certified mail or courier to Complete Farmer, Attn: Anis Manjhi, Completefarmer Technologies Inc., 03 Abeasi Street, Accra, Ghana. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Complete Farmer account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Complete Farmer cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Complete Farmer may, as appropriate and in accordance with this Section, commence an arbitration proceeding.

6. Process

   EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND COMPLETE FARMER AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR COMPLETE FARMER WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND COMPLETE FARMER WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Complete Farmer agree that (a) any arbitration will occur in Santa Clara County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

7. Authority of Arbitrator

   As limited by the FAA, these Terms of Use and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.

   The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. You agree that the party that prevails in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

8. Rules of AAA

   The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

9. Severability

   If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.

10. Opt-Out Right

    YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: COMPLETE FARMER, RE: OPT-OUT, COMPLETEFARMER TECHNOLOGIES INC., 03 ABEASI STREET, ACCRA, GHANA. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 23.