Welcome to the User Agreement for Gofarmer. The services available at http://www.gofarmer.com are
provided by Gofarmer located at Rue de Bellegarde, Bozel, 73350, France
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
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 3rd April 2012.
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
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
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.
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.
Unless otherwise stated, all fees are payable in GB Pounds sterling but
Paypal 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
10. Your Information.
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
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
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,
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
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.
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
or used in this way please do not register.
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
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 may 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
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 deleted
once the period you have paid for expires. You can cancel your membership by
It is YOUR responsibility
to cancel your Paypal 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 Paypal Subscription.
If the subscription fee cannot be taken from your paypal account or
credit or debit card at the end of your one year term, your
products will all be removed and your membership terminated. Please
ensure you keep the credit or debit card registered with Paypal
uptodate or ensure you have money in your paypal account.
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)
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.
Unless otherwise explicitly stated, notices to Gofarmer must be sent
by registered mail to Gofarmer c/o Rachel Gawith, Rue de Bellegarde,
Bozel, 73350, France, 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
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.
Refunds are given at the discrestion of Gofarmer.com and Gofarmer
reserve the right to retain an administration fee of £5 from
any refund. Refunds will not usually be given as once you have paid you
have already had immediate access to the website. Refunds will not be
given simply because you are having difficulties either accessing or
using the site. Difficulties with accessing the webpages on the site
are usually caused by your own computer's settings. Try turning off
your firewalls and lowering your security settings if you are
constantly being asked to login again or if you cannot advance to the
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 Paypal subscription and are rebilled at the
start of your next year's membership.
If you do wish to discuss receiving a refund please contact email@example.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
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
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