Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE

Introduction

Welcome to graindex.com which is a trading style of Hectare Limited, a company registered in England and Wales under company number 08285271 and with our registered office at Unit 3, Grove Rd, Portsmouth, Hampshire, PO6 1LX.

These terms and conditions and the privacy policy (together the “Terms”) constitute a legally binding contract between you and Hectare Agritech Limited (trading as graindex.com)

graindex.com is a website that allows its registered account holders to list Grain (as defined) for sale and purchase them. By providing us with your information, registering an account with us and by accessing or using our Service, you are accepting these Terms.

We do not have possession of anything listed or sold through our Website and are not involved in the actual transaction between Sellers and Buyers. The contract for the sale is directly between the Seller and Buyer. We are not an agent.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. Any update to these Terms will take effect on all account holders when posted.

These Terms, and any Agreement between us, are only in the English language.

1. Definitions

“Buyer” means any individual or business entity registered as an account holder who is buying Grain through the Website.

“Seller” means any individual or business entity registered as an account holder who is selling Grain through the Website.

“We, us, our” means graindex.com and/or Hectare Agritech Limited.

“Agreement” means these Terms and payment of our Service.

“Service” means accessing and using graindex.com for the sale and/or purchase of Grain.

“You, your” means any Seller, Buyer, individual or business who accesses graindex.com

“Website” means www.graindex.com

Grain means combinable crops only.

2.  Use of graindex.com

2.1 Your Obligations as a Seller
You warrant to us and any Buyer that:
(a)     You are legally able to sell the grain, as you are the legal owner or you have obtained authority from the legal owner to sell;
(b)     You will comply with any other statutory requirements in relation to selling Grain.
2.2 Your Obligations as a Buyer
You warrant to us and the Seller that:
(a)     You will pay for any successful bids on the demand and as directed by the Seller;
(b)     You have the capacity to enter into a legally binding contract with any Seller;
2.3 Obligations on everyone
You agree you will not:
(a)     Breach any laws;
(b)     Post any threatening, abusive, defamatory, obscene or indecent material;
(c)     Post or communicate any false or misleading material or message of any kind;
(d)     Infringe any third party right;
(e)     Distribute any spam, viruses or any other technology that may harm our Website or the interests of our account holders;
(f)       Copy or distribute any other account holders content without their permission;
(g)     Copy, modify or distribute any content, Service, copyright or trademarks from our Website;
(h)     Harvest or otherwise collect information about other account holder, including email addresses, without their consent.
2.4 If you fail to comply with either clause 2.1, 2.2 or 2.3, this will result in a breach and we may wish to take action in accordance with clause 5.

3. Trading Terms

3.1  Registration Obligations and Our Service
(a)     In order for any merchant to access or use our Service, you will need to register for an merchant account and ensure you warrant you have the consent and authority to register as an account holder on behalf of the merchant and to provide the required details under the Electronic Commerce (EC Directive) Regulations 2002.
(b)     We do not confirm or verify the identity of any merchant account holder.
(c)     On registering for an merchant account, you agree to provide true, accurate and complete information about the merchant as prompted by the registration form.
(d)     You agree to maintain and promptly update the merchant account details to ensure they are true, accurate, current and complete at all times.
(e)       If you provide any information that is not true, complete or current or we suspect that such information is not true or accurate, we have the right to terminate or suspend your account.
(f)     Your user identification and password is confidential. It is your responsibility to keep this information confidential and not disclose this to anyone.
(g)     You agree to immediately notify us if you know or suspect your registered account is being used without your authority. We will not be liable for any loss any unauthorised user incurs in connection with your account.
3.2 Conditions for Seller
(a)    Any listing you place must be for the sale of grain (as defined). We do not allow listings of any other kind of grain that is not included in the definitions.
(b)    You are solely responsible for the content and accuracy of any listing you place on our Website. If we suspect the content of your listing is misleading or inaccurate, we may remove your listing without notice.
(c)    Any grain must be listed in their correct category. You may only list the grain if you fulfil your obligations in clause 2.1.
(d)    Any listing you make will be valid for the duration of that trading period.
(e)    If you receive any bids you must respond to them by the end of the decision period. Failure to respond to any bid by the Buyer’s specified time will cause the bid to lapse and the Buyer will be automatically notified their bid has been rejected.
(b)     Any transaction between Seller and merchant will be subject to the merchant’s terms and conditions.
3.3  Conditions for Merchants
(a)     When placing a bid, the merchant will make the Seller aware of their terms and conditions which will apply to the transaction;
(b)     Each bid you make places you in a legally binding contract with the Seller. If your bid is accepted, you are obliged to pay the Seller in accordance with your terms and conditions. For the avoidance of doubt, we are not party to any contract between any Seller and merchant.
(c)     On making a bid you will be deemed to have full knowledge of the listing of the Grain and all information concerning that Grain derived from it.
(d)     If your registered account has been suspended or terminated, you are not permitted to use a different registered account to place any bid.
3.4 Payment and Fees
(a)     Payment of any Grain is between the Seller and merchant. The merchant agrees to pay the Seller in accordance with their terms and conditions.

4. Abuse of graindex.com

4.1           We may limit, suspend, or terminate our Service and any registered accounts, restrict or prohibit access to, and your activities on, our Service, cancel bids and remove listings, delay or remove content, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Service if:
(a)     You have breached any of the obligations in clauses 2.1, 2.2 and/or 2.3;
(b)     we believe you are creating problems or possible legal liabilities;
(c)     we believe that such restrictions will improve the security of our Website or reduce our or another account holder’s exposure to financial liabilities;
(d)     we believe you are infringing the rights of third parties;
(e)     we believe you are acting inconsistently with these Terms or our policies or are abusing other users;
(f)       despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
(g)     you fail to make full payment of any fees due for our Service.

5. Liability

5.1 We have no liability in relation to any Buyer and any Seller who have entered into a transaction together through the use of our Website, except as expressly stated in these Terms. We do not make any representation nor give any warranties or undertakings in relation to the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
5.2  We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or any special, indirect or consequential damages for any losses arising, directly or indirectly from:
(a)     your use of or your inability to use our Service;
(b)     use of or any reliance on any content displayed on our Website;
(c)     delays or disruptions in our Services;
(d)     viruses or other malicious software obtained by accessing, or linking to, our Service;
(e)     glitches, bugs, errors, or inaccuracies of any kind in our Service;
(f)       damage to your hardware device from the use of our Service;
(g)     the information, content, actions, or inactions of third parties (including, but not limited to Red Tractor)including items listed using our Service;
(h)     a suspension or other action taken with respect to your account or breach of clause 4;
(i)       the duration or manner in which your listings appear in search results; or
(j)       your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms or our policies.
5.3  We cannot confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our Website.
5.4   If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees or commission you have paid to us in the 12 months prior to the action giving rise to liability, or (b) 100 Pounds Sterling.
5.5  Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

6. Disputes

6.1 If any dispute arises between you and us, we encourage you to contact us directly by going to the “contact us” page

7. Privacy

7.1 By using the Website you are agreeing to us collecting, using and storing your information in accordance with our Privacy Policy

8. Copyright

8.1  All copyright, trademarks and all other intellectual property rights in the Website and its contents (including the website design, text, graphics, pictures and all software) are owned or used by or licensed to Hectare Agritech Limited. In accessing the Website you agree that you will access the content solely for your use of our Service. By providing you access to our Service, we are not transferring or assigning ownership of any intellectual property rights to you.
8.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

9. Disclaimer

10.1        While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
10.2        The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

10. Links on graindex.com

10.1        The inclusion of links on our Website to third party websites does not imply our endorsement of such sites. We accept no responsibility for such third party content, services and sites. Unwanted communications may be sent to you by third parties. We accept no liability for any loss or damage resulting from the receipt of such communications from third parties.

11. General

11.1 Entire Agreement
These Terms and any other policies referred to form the entire agreement between you and us concerning the use of our Service and supersede all previous agreements. No agency, partnership, joint venture, employer-employee, franchise-franchisee is intended or created by this Agreement.
11.2 Notices
All notices to us under this Agreement shall be in writing and sent to Hectare Agritech Limited at Unit 3, Grove Rd, Portsmouth, Hampshire, PO6 1LX. All notices we send to you will be via the email address you have provided upon registration.
11.3 Events outside of our control
(a)     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.3(b).Note: No liability for breach caused by force majeure
(b)     An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.Note: Events
(c)     If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(i)   we will contact you as soon as reasonably possible to notify you; and
(ii)  our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
11.4  Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with English law and you and we both consent to the exclusive jurisdiction of the English courts.
11.5  Third Party Rights
This Agreement is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
11.6 Severance
If any part of these Terms is determined, by court or a relevant authority, to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.

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