Please read these terms carefully.

1.FarmSky provides you with a Marketplace where you can search, compare and buy agricultural products, such as farmlands and livestock and other products. These Marketplace services (the “Services”) are offered by FarmSky through our online platform (the “Platform”).

1.1 By clicking/checking the “I accept” button/box, accessing the Platform or by utilizing our Services you acknowledge that you have read and understood and agree to be bound by these Terms. The Services are not available to persons who are not legally eligible to be bound by these Terms, such as minors.

1.2 Your use of the Services is governed by and conditioned upon your compliance and acceptance of these Terms.

Account: an online personal environment on the Platform which you can access by entering your telephone number/password/pin/ID Number.

FarmSky: FarmSky Ventures, a private limited company incorporated under Kenyan law, with P.O. at Road, Nairobi, Kenya, with company registration number . FarmSky is also referred to as “we”.

Products: Agricultural products offered by Partners on the Marketplace.

Offer: an offer made by an Investor, consisting of Agricultural Products, published on the Marketplace.

Product Terms & Conditions: the terms & conditions of the Offer provided by FarmSky.

Marketplace: the online marketplace operated by Farmsky on which Agricultural Products are offered and sold to Users.

Partner: a party that uses the Marketplace to offer and sell its Agricultural Products on the basis of the Farmsky Marketplace Sales Terms for Partners.

Platform: the online platform Farmsky.

(Our) Services: services rendered by FarmSky to Users regarding the Marketplace.

User: an individual private person or legal entity, making use of the Services. Users are also referred to as “you”.

3.1 FarmSky places Offers of Partners on the Marketplace on behalf of Partners. You may use the Marketplace to find a suitable Offer.

3.2 Every Offer offered on the Marketplace is accompanied by Product Terms & Conditions and a description of the Offer, for which the Partner providing the Offer is responsible. You acknowledge that the Product Terms & Conditions and the description of the Offer may contain restrictions on the Offer, for example, but not limited to, territorial restrictions, benefit limits and exclusions. You are yourself responsible for assessing and understanding the information on and suitability of the Products on the Marketplace and the restrictions and risks involved.

4.1 You may be required to create an Account to register for and/or use certain Services. You can create an account by providing your full name, telephone number, choosing a password, KRA Pin and ID number or Passport number as well as additional details regarding investor or partner.

4.2 You are entirely responsible for maintaining the security of your password. Your telephone number and chosen password, together, form the Login Credentials. Any other services delivered to you via the Platform are subject to the Terms of Service

4.3 You may not allow use of your Account by any third party nor others that do not have the authority to represent you. You guarantee that any third party that uses your Account is authorized to represent you. You are fully responsible for non-disclosure of your Login Credentials and the use of your Account.

4.4 You may only create 1 (one) Account on the Platform. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform.

4.5 You agree to only provide correct and complete information when creating an Account on the Marketplace. You are responsible for the accuracy of the data in your Account and FarmSky cannot be held liable in this respect.

4.6 In case FarmSky receives notice-and-take-down requests, FarmSky is entitled to suspend, block or delete your Account, for example in the case of violation of one or more of the applicable terms, fraud, disruption of a proper functioning of the Marketplace. FarmSky furthermore has the right to refuse or to block an Account if the Account is linked to (an account number which is linked to) an Account or User that is already blocked. You are not entitled to any compensation by FarmSky in connection with the suspension, blocking or deletion of the Account by FarmSky and you hereby waive any right to any compensation of damages.

4.7 You acknowledge that FarmSky is not liable in any way whatsoever for fulfilment of any agreements, including but not limited to the agreement, between you and the Partner and the content of the Offer, unless otherwise required by law.

4.8 If you have any dispute with a Partner, you acknowledge that you can solely seek redress from the Partner concerned.

4.9 You are obliged to execute the Contract together with the Partner in accordance with applicable legislation and regulations and these Terms.

5.1 The transaction and facilitation fee will be applicable to each investment made payable by the investor.

5.2 Investors wishing to transact with a Partner are required to provide their investment funds into the relevant payment gateway accounts managed by FarmSky.

5.3 Investors shall pay FarmSky for the products using funds available in their Farmsky Wallet and authorized payment gateways, in this case the FarmSky operating as a limited payment collection intermediary for the users.

5.4 Any payment made between private users via the Website shall be considered a direct payment between the private users.

5.5 The Partner shall sell their harvest from the project through the platform and the investor in turn shall pay through the website.

5.6 The use of FarmSky's e-wallet shall be governed by the terms and conditions set forth by FarmSky, which shall be made available to Investors.

5.7 You are obliged to immediately report inaccuracies in the payment details provided to FarmSky.

6.1 Charges paid for completed orders are final and non-refundable. FarmSky is not obligated to provide refunds or credits but may grant them at their sole discretion.

7.1 Most of the Services offered by FarmSky are free to use on the Website except that: -

a) The Partner shall pay a fee when their agricultural harvest has been sold (“Facilitation Fee”). The facilitation fee will be agreed upon between FarmSky and the Partner at the point of transacting.

b) FarmSky may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services.

c) All amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any.

d) Other applicable taxes/fees, unless otherwise stated and required by law.

7.2 All payments of Facilitation Fees, Partner Fees are processed through the FarmSky’s authorized third-party payment gateway provider.

8.1 A User may not withdraw their investment before maturity of the selected investment product.

8.2 A User may issue a notice of withdrawal of funds available in their wallet which comprises of capital and profit.

8.3 A User may request to withdraw all funds within their wallet or an amount specified by the User.

8.4 Any instance where the User issues notice to FarmSky of their intent to withdraw, thirty (30) business days turn-around time is required to process such a request.

9.1 Upon any of investment products reaching maturity, the User may reinvest the capital and/or profit into any investment product available on the Farmsky App and/or Website. The User shall be granted a period of seven (7) days to complete this process.

9.2 In the event that the User fails to provide instruction within seven (7) days of the maturity of their investment, FarmSky shall automatically reinvest the User’s capital in a similar investment product of similar duration and the profit shall be left in the Users wallet, awaiting instructions from the User.

10.1 FarmSky is the exclusive owner of all current and future, worldwide, intellectual property rights, such as, but not limited to patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, URL’s and web addresses, ownership rights and processes, databases, data collections and any rights therein in relation to the Services (and the underlying source and object code and the accompanying technical documentation) (the Intellectual Property Rights).
11.1 The Services are available on handheld mobile devices running iOS and Android. Use of the Services requires one or more compatible devices, internet access and certain software, and may require obtaining updates or upgrades from time to time. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

11.2 FarmSky will make reasonable efforts to make the Services available at all times. However, you acknowledge that the Services are provided over the internet and mobile networks and thus the quality and availability of the Services may be affected by factors outside the reasonable control of FarmSky.

11.3 FarmSky may at its sole discretion, discontinue the Services and terminate these Terms, or update, modify or adapt (the features of) the Services from time to time without prior notice.

11.4 FarmSky does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Services being unavailable.

12.1 FarmSky respects your privacy. Regarding the processing of your personal data, FarmSky shall comply with the Kenyan Data Protection Act and other applicable privacy legislation and regulations concerning the protection of personal data. We are committed to keeping your personal data, including without limitation your payment details, secure in accordance with such legislation and regulations.

13.1 FarmSky is not liable for damages resulting from your use of our Services. This includes (but is not limited to) loss of profits, business, data or information or for any remote, incidental, indirect, special of consequential damages.

13.2 FarmSky is not liable for damage of User that occurs due to the fact FarmSky assumed incorrect or incomplete information provided by User to be correct or complete in the execution of the Terms.

13.3 FarmSky is not in any event liable for:

13.3.1 the actions or inactions of other Users, any Partner, payment processor or any other third party;

13.3.2 the situation where the device of User is stolen and any third party subsequently makes use of the account of User;

13.3.3 failure to meet any of FarmSky’s obligations under these Terms where such failure is due to events beyond FarmSky’s control (for example a network failure);

13.3.4 any damage or alteration to the equipment of User including, but not limited to, computer equipment and devices as a result of the use of the Services.

13.4 You agree to indemnify, defend and hold harmless FarmSky from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Services, your violation of these Terms or the infringement or violation by you or any other user of your Account, of any intellectual property or other right of any person or entity.

14.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

14.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

15.1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2. The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

16.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.