01. Definitions
“FudFarmer” or “We” or “Us” or “Our” refers to FudFarmer and its affiliates.
“You” or “Your” or “User” or “Customer” refers to anyone accessing or using Our website, this includes any natural or legal person.
“Products” or “Services” refers to all goods available on the website, Our website, customer support, subscription and delivery and other services made available on Our Website.
02. Introduction
2.1. FudFarmers is an e-commerce platform for Village Farms Commerce and Exchange Limited,
connecting consumers and retailers with fresh farm produce, vegetables, meats and offers both
“Food product store” and “Kitchen meal store”.
2.2. This website, a property of Fudfarmer, is governed by these Terms and Conditions.
Please read these Terms and Conditions (“Terms“) carefully as they govern
Your use of our website, services, and products.
2.3. We reserve the right to update, change, modify the Terms from time to time
to reflect changes to our products, Users needs and priority. We shall notify You
of any changes. It shall be Your responsibility to check the Terms often for such changes.
By continuing to use our service after these changes are posted, You agree to be bound by
the revised Terms.
2.4. Acceptance of Term
By accessing, signing up for, or otherwise using this website, products and services, You confirm
that You have read, understood, and agree to be bound by these Terms within the Territory.
2.5. If You do not accept these Terms, then You must not access or use this
website or Our services.
2.6. You confirm that You understand these Terms and that You have sought
legal guidance where necessary to clarify any unclear provisions or declined to do so. You acknowledge
that a breach of any of these Terms may result in restriction, suspension, or cancellation of
Your rights to use the services on this website.
2.7. These Terms are between You and Village Farms Commerce and Exchange Limited, Nigeria.
03. Products and Services
3.1. Our website offers a wide range of products and services to cater to Your needs.
You can select farm produce and products displayed on the website and place an order for delivery
from both our “Food product store” and “Kitchen meal store”.
3.2. Product images are stock photographs for illustrative purposes only, and descriptions are
provided as accurately as possible. However, We do not guarantee error-free content. The website
and services are provided on an “AS IS” basis, without any warranties of any kind, either express or
implied. We make no warranty and or guarantee that the services will be uninterrupted, free from
errors or omissions, and We will not be liable for such interruptions.
3.3. User can access useful recipes to enjoy their fresh farm products. These recipes
are provided for informational purposes only, and We disclaim liability for any damages resulting
from their use.
3.4. Farm products are sourced fresh from our farms and delivered with safety and quality
maintained throughout the process.
04. Eligibility, Membership, Registration
4.1. By using our services, You confirm that You are at least 16 years old
and legally capable of entering into a binding agreement.
4.2. To create an account and subscribe to our website, We require Your
full name, email address, and phone number. We will also need Your delivery and billing
addresses for any purchases. For more details on how We collect and use Your personal data,
please review our Privacy Policy.
4.3. You can use Our Services without creating an account, but We
will still require Your information for delivery purposes.
4.4. You represent that all information You provide to us is accurate,
current, and not misleading. You are responsible for maintaining the confidentiality and security
of Your account login details. In the event of theft or unauthorized access to Your account,
You must contact us immediately at support@fudfarmer.com.
4.5. We reserve the right to verify Your information and may request identity
documentation as needed. Providing false or misleading information may result in the termination of
Your account.
4.6. You have the right to delete Your account at any time if You
no longer wish to use our services.
05. Prohibited Use
5.1. We are committed to maintaining a safe and lawful environment for all Users
and therefore prohibit the use of our website and Services for any unlawful purposes. By accessing or
using our website and Services, You agree not to use the website or services for any purpose other
than that for which they are explicitly provided.
5.2. Without limiting the extent of illegality under any applicable law or regulation
within the jurisdiction, You agree not to:
a. Commit any act that violates, or breaches the provisions of, any applicable local,
state, national, or international law or regulation.
b. Engage in any form of website abuse or misuse, including but not limited to the
unauthorized modification, disruption, or interference with the normal operation, security, or
functionality of the website, its servers, or networks.
c. Attempt or successfully gain unauthorized access to any part of the website, other
user accounts, or our systems. This includes, but is not limited to, hacking, cracking, phishing,
or using automated systems to scrape data.
d. Engage in harassment, stalking, threats, or any conduct that is abusive, defamatory,
discriminatory, or otherwise harmful to other users, our personnel, or third parties.
e. Use the services to carry out or facilitate fraud, including submitting false
information, impersonating another person or entity, or engaging in deceptive activities.
06. Promotions and Campaigns
6.1. We may, at our sole discretion, offer promotions, campaigns, or special offers
(“Promotions”) on our products and services at any time. These Promotions may include, but are not limited
to, giveaways, sweepstakes, and discount offers.
6.2. Each Promotion shall have its own specific terms and conditions, with outlined
eligibility requirements, steps to participate, and the promotion period. By participating in any
Promotion, You agree to be bound by its specific terms.
6.3. We reserve the right to suspend, modify, cancel or disable any Promotion at
any time for any reason without prior notice, nor liability to Us.
6.4. We shall not be obligated to offer any Promotions, and We are not
responsible for any loss or damage incurred by a User in connection with a Promotion.
07. Order , Payment and Fulfillment
7.1. To order, You can browse our selection of products and services, add Your
chosen items to Your cart, and proceed to the payment page.
7.2. All payments for orders placed on our website are processed through secure,
third-party payment gateways, which may include providers such as Flutterwave, Paystack.
We do not directly collect or store Your sensitive payment details (like credit card numbers).
This is handled entirely by our secure payment partners to protect Your financial information.
7.3. Your order is considered valid and confirmed only after We have
successfully received and verified the payment confirmation from the third-party gateway.
7.4. Once this confirmation is received, We will immediately begin processing
Your order for delivery.
7.5. If a payment fails, is reversed, or is not confirmed by the gateway for any reason,
Your order will be automatically canceled and not processed. We are not responsible for any
delays or failures in processing caused by the third-party gateway.
7.6. You acknowledge and agree that You are responsible for all applicable
shipping and delivery costs associated with Your order. These charges will be clearly displayed
to You at checkout before final payment.
7.7. Any estimated delivery times provided are for guidance only and may vary depending
on Your location and other factors. It is Your sole responsibility to provide accurate
and complete delivery information. We will not be liable for any loss or delay that occurs as a
result of an incorrect or incomplete address You have provided.
7.8. Prices for our Products and Services as displayed are subject to change without notice.
However, once You have paid for and received an order confirmation, the price of that order remains.
7.9. We reserve the right to cancel any order if We detect any fraudulent
activity or issues with Your payment. In such cases, We may cancel Your order without prior notice.
7.10. We reserve the right to refuse or cancel any order at our discretion. If an
order is canceled, any refunds will be processed in accordance with our Refund Policy.
7.11. By submitting Your payment, You also agree to be bound by the relevant
terms and conditions of our chosen third-party payment processors. We encourage You to review
their policies to understand how they handle Your data and payment information. You can find the
third party terms as follows:
7.11.1. Flutterwave Terms
7.11.2. Paystack Terms
08. Intellectual Property and Infringement Notice
8.1. We absolutely retain all rights to all contents on the website, including but not limited to images, videos, texts, graphics, logos, trademarks, recipes and materials, protected under applicable laws. This includes exclusive ownership or licensing of patents, copyrights, design rights, and trade secrets. Any reproduction, distribution, modification, disassembly, decryption without explicit authorization from Us is strictly prohibited and may result in legal action.
8.2. If You suspect unauthorized use of Your work, please follow the procedure below to submit a formal notice of claimed infringement.
8.3. How to Submit an Infringement Claim – All claims of alleged copyright infringement must be submitted in writing, duly signed and sent to us via email to Legal@villagefarmsce.com. The written claim shall include all of the following information:
a. Full name and contact details of the complainant, including telephone number and email address. If an agent is submitting the claim, they must specify the legal name of the owner for whom the claim is being made.
b. A detailed description of the copyrighted work which has allegedly been infringed.
c. Evidence of ownership of the work.
d. A description of the material on our website that You claim is infringing on Your work. This shall accompany an image and URL/link to the page where the work is displayed on our website.
e. A statement, made under penalty of perjury, that: (i) the complainant has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (ii) the information in the notification is accurate, and the complaining party is the owner, or is authorized to act on behalf of the owner, of the exclusive right that is allegedly infringed.
8.4. Review and Takedown Process:
a. Upon receipt of a complete written notice, We will immediately begin our internal verification process and verify the alleged infringement within 10 business days.
b. If the claim is verified and confirmed, We will take steps to remove or disable access to the infringing content within 7 days of that confirmation.
c. If, after our verification process, We determine that no legitimate infringement claim exists or the claimant has failed to provide sufficient evidence of ownership or unauthorized use, the content in question will remain published on our website.
8.5. We are not liable for any alleged infringement that may occur on our website. By using this website, You acknowledge that We cannot be automatically held responsible or liable for any content that may be unintentionally infringing. Your sole remedy for suspected infringement is to follow the formal reporting process detailed above. You shall not assert that infringement has occurred without following this procedure.
09. Governing& Applicable Law
9.1.
These Terms are governed by and constructed in accordance with the laws of the Federal Republic of Nigeria(the “Jurisdiction”). Any disputes or claims arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of the Jurisdiction.
10. Language: English
11. Territory: World Wide
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall We 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:
a. Your access to or use of, or inability to access or use, our Services (e.g., temporary unavailability of the website or services).
b. Any conduct of any third party on the Service (including third-party payment processors or delivery services).
c. Any content obtained from the Service (e.g., recipes).
d. Incorrect or incomplete information provided by users.
e. Unauthorized access, use, or alteration of Your transmissions or content.
13. Others
13.1. The Terms are part of a larger agreement with You. Other terms and policies that also apply to Your use of our services include:
13.1.a. Our Privacy Policy, which explains how We collect, use, and protect Your personal data.
13.1.b. Our Refund Policy, which outlines the conditions under which You may be eligible for a refund.
13.2. By using our services, You agree to be bound by these additional terms, as well as any other policies We may implement from time to time. We will notify You of any new or updated terms.
13.3. Your continued use of our services after such notification constitutes Your acceptance of the changes.
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