www.winichfarms.com is provided by WINICH FARMS Limited.
Note that it is your responsibility to ensure that you are aware of the following terms of service prior to accessing our services, if you do not agree or cannot adhere to any terms set forth, kindly discontinue.
INTRODUCTION
This agreement outlines the terms and conditions (the "Terms") between you (a "Sponsor", "you") and Winich Farms Limited ("WINICH FARMS the "Company", "we", or "us") under which you agree to sponsor Agro-Project and third party farmers to cultivate farm plots through our website (the "Platform"). It is important that you read these Terms carefully. We strongly recommend that you seek independent advice when considering whether to sponsor a farmer or project with your money through the Platform. We do not make any recommendations to you. The Company solely allows you to sponsor a project or farm applied for by farmers on the Platform. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk. Please be aware that execution of these Terms does not imply that we have confirmed that use of the Platform and our Services are suitable or appropriate for you. We advise you to consider whether sponsoring a project or farm through the Platform meets your required risk levels and objectives. By using the Platform, you confirm that you have the necessary experience and knowledge to understand the risks involved. You confirm your agreement to these Terms either by registering as a sponsor on our website or by signing a copy of these Terms. By continuing on our website, you agree to the following terms together with the Terms of Use, consent to our privacy policy, agree to transact business with us and receive communications relating to the sponsorship electronically.
LEGAL AND REGULATORY INFORMATION
WINICH FARMS Limited is a limited liability company registered in NIGERIA (registration number BN 2647345) 16, Dare Fate avenue Ikorodu. WINICH FARMS is a top leading Agro Tech platform whose basic objective is to provide individuals an opportunity to be an active stakeholder in Agriculture as we successfully improve the standard of living of our nation and Africa at large.
SPONSORSHIP TERMS
The Sponsor will receive periodic updates on the status of the farm by email. The updates are also available on your profile on the Platform. You are expected to review all notifications, updates and reports as they represent a record of information pertaining to your sponsorship contribution during a farming cycle or Project.
You are entitled for a physical visit to your sponsored farm, however, we provide you with scheduled visit times during a particular farm cycle. All cost arrangements are borne by you.
What you contribute at the beginning of a project or farming cycle, enables us and the farmer to pay for costs related to lease additional land for farming if required, seedling/livestock, fertilizers, maintenance costs, insurance if need be and the cost of supervision and administration. All costs are included in your sponsorship contribution
You agree that by sponsoring a project or farm, your contribution is tied and unavailable for the entire duration of the cycle and neither Winich Farms Limited nor the farmers can or will refund your contribution until the successful completion of a farming cycle
You agree that upon a project or farm opening for sponsorship, the time duration for the project or farm does not begin to count from my date of sponsoring but rather from the specified date as made available on my dashboard which could range to a maximum of 21 days after sponsorship
Any profits from a successful farming cycle of a Sponsor's farm are remitted to the electronic wallet on the Platform when the produce is harvested and sold (i.e. upon completion of the farming cycle)
At the end of a successful farming cycle, you can decide whether to withdraw your funds from the farming project after notification through the Platform and it will be transferred to a bank account you provide us with or to sponsor a farm for a new farming cycle
At the end of a farming cycle, any profits made during harvest will be shared between the Sponsor, the farmer and Winich Farms Limited in a 40%:40%:20% ratio respectively.
You acknowledge that you do not own any of the farms cultivated and are only entitled to the proceeds of any farming cycle you participate in.
SPONSOR REPRESENTATIONS AND WARRANTIES
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Platform or Services, including the time you are matched to a Loan Agreement;- you are over the age of 18 years;
- you are of sound mind and have the capacity to enter into these Terms and be matched to a farm;
- all personal information that you provide about yourself is accurate and true to the best of your knowledge;
- you hold a bank account in your own name and will use this account to transfer money to our account when you sponsor a farm and to receive refunds of contributions made and profits earned;
- you have carefully considered the risks involved with using the Platform, the Services
- you will only ever sponsor with your own money unless you are authorized on behalf of a third party ("Third Party") and we agree that you may act on behalf of that Third Party.
- you are not using any illegal funds or attempting to launder by sponsoring a project or farm
- if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization);and
- you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
ACCESS AND USE
The Platform and Website is, at all times, subject to our Website Terms of Use. Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times. If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.You confirm that you will only use our Platform for the purposes set out in these Terms. You confirm that you will not attempt to gain unauthorized access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website
You understand that we may store your IP address information and may monitor your use of the Website in accordance with our cookie policy
Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating
We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.
ANTI-MONEY LAUNDERING
In using this Platform, you undertake that you shall comply with all applicable laws, including anti-money laundering and anti-corruption laws, regulations and codes in Nigeria. We reserve the right to at any time, suspend or withdraw the use of this Platform when we believe in our sole discretion that the Platform is being used for fraudulent purposes or for any suspicious transactions. In addition to the suspension or withdrawal of services, we also have an obligation to report your activities to the relevant authorities without any recourse to you.You consent to us carrying out identity and fraud prevention checks and sharing information relating to your use of the Platform with any regulatory body, and fraud prevention, law enforcement or security agency.
You consent to us providing details to the Nigerian police or any fraud prevention, law enforcement or security agency, of any conduct on your account that gives reasonable cause to suspect that the account is being used for improper purposes.
FOREIGN EXCHANGE RISK
Where a Sponsor contributes in a currency other than the Nigerian Naira, foreign exchange gain or loss and fluctuations in currency rates may have an impact on the profit made on such contribution by the Sponsor.All profits on contribution shall be converted and returned in Nigerian Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The Sponsor therefore enters into any transactions in currencies other than the Nigerian Naira at their sole risk and shall bear all responsibilities for any gains or loss as a result.
Unexpected changes in currency exchange market conditions may have an impact on the extent of profit the Sponsor would be exposed to such as when there is an upward or downward movement in the relevant rates.
The Sponsor understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on contributions made or profits earned
TERM AND TERMINATION
Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to sponsor a farm with the Company and shall remain valid and binding for as long as you have outstanding sponsored farming cycles.- These Terms may be superseded by any amended Terms.
- These Terms may be terminated by you provided that you have no outstanding sponsored project or farming cycle. Notice of termination must be provided in writing to info@winichfarms.com.
- These Terms may be terminated by the Company at any time without notice.
PRIVACY
You confirm that you have read and understood the Company's Privacy Policy which provides information on how we use and store the personal information that you provide to us and you further acknowledge that the Company may amend and update this policy from time to time.
Insurance
Projects and Farm plots would be insured following how relevant we consider it. Where Winich Farms Limited makes a claim under the insurance policy, and the insurance claim is settled by the insurance company, Winich Farms Limited shall pass on the benefits of such claims to Subscribers in the proportion of their Subscription Contribution in any affected Project or Farm
Indemnity
Subject to paragraph 10 (Insurance) and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss or liability which is incur as a result of the failure of a farm or Project to yield according to expectations.You agree to indemnify and hold harmless the Company, any farmer, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
- your fraudulent or illegal use of the Platform, the Services or the Website;
- your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are matched;
- any inaccurate or incomplete information that you have knowingly provided to us;
- your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
- any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website;
- any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.
Limitation of Liability
In no event shall Winich Farms, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Winich Farms, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
