Terms of Service
Last updated: July 21, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Farmzy Inc., R.R. #1 Ferintosh, Alberta, Canada.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: Alberta, Canada
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Guest means the individual accessing or using the Service to browse and book a Listing, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Host means the individual accessing or using the Service to create a Listing, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Listing refers to the experience and/or products and services created and posted on the Service by Hosts for Guests to browse and book.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Farmzy, accessible from www.farmzy.ca
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods and Services
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Cancellation & Refund Policy
Cancellations can be made by guests up to 72 hours before the start time of the scheduled or booked event. This includes all bookings including payment for any products or services made through the Farmzy website. If cancellations of bookings are made prior to the 72 hour timeframe, guests will be subject to a full refund including any fees and charges.
Bookings or transactions will not be refunded for any cancellations made by guests within 72 hours of the start time of the scheduled booking. Hosts have the right to cancel events or bookings when they deem necessary to do so. (Based on potential unforeseen or emergency circumstances.) If a Host cancels an event or booking at any time prior to its start time, then guests are subject to a full refund.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
You may create Listings by answering a variety of questions about the experiences, products and services you want to list and set related rules, availability and pricing (including any applicable taxes). You acknowledge and agree that you are responsible for any and all Listings that you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
By creating a Listing, You understand and agree that your relationship with the Company is limited to being a user and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of the Company for any reason, and you act exclusively on your own behalf and for your own benefit, and the Company does not control, and has no right to control your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of the Company, including by inappropriately using any Company intellectual property.
You can set the availability for your Listing. Once your Listing has been created, all bookings made through our website are accepted and the booking will be triggered. Hosts have the right to cancel events or bookings when they deem necessary to do so (based on potential unforeseen or emergency circumstances.) If a Host cancels an event or booking prior to its start time, then guests are subject to a full refund. Once a Guest makes a booking request, you may not request the Guest to pay a higher price than in the booking request. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present on your land or business at your request or invitation, excluding the Guest and his or her invited guests.
You should understand all applicable laws that may apply to any experience included in a Listing you post (including having all required permits, licenses and registrations). You are solely responsible for all such compliance. PLEASE REVIEW RELEVANT LOCAL LAWS BEFORE LISTING YOUR FARM EXPERIENCE, SERVICE OR PRODUCT. You represent and warrant that any Listing you post and any subsequent booking (and use): will not breach any agreements you have entered into with any third parties, such as lease or rental agreements; and will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Listing (including having all required permits, licenses and registrations), and not conflict with the rights of third parties.
Any agreement you enter into with a Guest is between you and the Guest only and the Company is not a party thereto. You must have appropriate insurance in place prior to creating a Listing. You must review any insurance policy that you may have for your farm, business or property carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to your farm or business, if applicable) while at your farm experience (Listing).
You expressly agree to release, defend, indemnify, and hold the Company and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to any taxes applicable to, or which you are obligated to collect in relation to, any Listings, Bookings, or the Prices you set for such Listings.
BOOKING AND PAYMENT
Booking. Reservation and use of any Host property or business will be subject to: payment of all fees or charges associated with such Booking, including Price set by the host, any service fees charged by Farmzy and all applicable taxes; and compliance with the Terms and all applicable Host Property Rules. The host, not Farmzy, is solely responsible for honouring any confirmed Bookings and making available any Products/Services reserved through the Site and Services. If you, as a user, choose to enter into a transaction with a Host for the booking of a product or service, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such property imposed by the host.
Service Fees. In consideration for the use of the Site and Services, Farmzy charges Service Fees as follows: for Guests, 12% of the total price for each booking. For Farm Hosts, 8% of the total price for each booking or a $2.00 minimum fee (whichever is higher).
Payment by Guest. You, as Guest, agree to pay Farmzy the total fees to reserve and/or for using the Property once the applicable Host confirms the Booking. In order to establish a Booking, you understand and agree that Farmzy, on behalf of the Farm host, reserves the right to: obtain a pre-authorization via your credit card for the Total Fees; or charge your credit card a nominal amount to verify your credit card. Once Farmzy receives confirmation for the Booking, Farmzy will collect the Total Fees in accordance with these terms and any pricing terms set forth in the applicable Listing without additional notice or consent.
Payments. You, as host, agree that the Service Fees will be deducted from any Price collected by Farmzy on your behalf. Payments will be made to hosts, through Stripe upon the completion of the event taking place. Host payment should be received within 5 to 10 business days upon completion of the event. The Company does not take responsibility for any delays in this transaction process.
Payment Processor. We use Stripe (“Stripe”) as a third-party payment provider to process payments by Guests. We do not retain any payment card information. Payment processing services provided by Stripe are subject to Stripe’s terms of agreement in force from time to time (“Stripe’s Terms”) and any applicable fees charged by Stripe shall be borne by the Users. By agreeing to these Terms, you agree to be bound by Stripe’s Terms, as the same may be modified by the Stripe from time to time. As a condition of Farmzy enabling payment processing services through Stripe, you agree to provide Farmzy accurate and complete information about you, and you authorize Farmzy to share it and transaction information related to your use of the payment processing services provided by Stripe.
Payment Processor for Hosts. You, as a Host, agree that any Price that is owing to you by Farmzy on account of listing a Property with the Service will be paid to you, less applicable Service Fees, cancellation fees, and other fees, through the payment processor Stripe. You agree to abide by Stripe’s Stripe’s Terms, as applicable in your jurisdiction, and as updated from time to time. Hosts are responsible for providing accurate banking details to ensure payments are made. Farmzy will not be responsible for a Host’s failure or inability to open or maintain their banking account linked to Stripe, or to abide by Stripe’s Terms. If Stripe is unable to successfully pay you in accordance with this section and through no fault of its own within 30 days from the date which a payment is due, you forfeit your right to any failed payment and Farmzy may terminate the Services provided to you in accordance with these Terms.
Violation of Property Rules. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s).
Damage. As a guest, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property.
Host Claim. In the event that a Host makes a claim and provides evidence of damage, you, as guest, agree to pay the cost of replacing the damaged items or property with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment for any damage (“Damage Payment”) will be charged to and taken from the credit card on file in your Account. If we are unable to charge the credit card on file or otherwise collect Damage Payment from you, you agree to remit Damage Payment to the applicable Host or to Farmzy (if applicable). Both Guests and Hosts agree to cooperate with and assist Farmzy in good faith, and to provide Farmzy with such information and take such actions as may be reasonably requested by Farmzy, in connection with any complaints or claims made by Hosts.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some provinces and states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these provinces and states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, provincial/state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: email@example.com