Terms & Conditions
Farming Hub is a unique on-line trading site for the buying and selling of new and used agricultural machinery and agricultural products. The use of this site is for both private and dealership sales. Complimentary farming services and major manufactures of agricultural machinery are also listed within Farming Hub and you are able to contact them through this website. The principle activity of this site is to provide the ability for users to advertise new and used agricultural machinery for sale or to purchase. Farming Hub is not party to any transaction between the seller and the buyer. Farming Hub cannot guarantee the suitability or the reliability of any item located on the site.
Farming Hub retains your details within our systems and from time to time may wish to contact you regarding various new services and information updates where we believe will be of importance to you.
Farming Hub may also pass your contact details onto responsible third parties to contact you regarding various new services and information updates where we believe will be of importance to you. If you would prefer us not to do this you can advise us of this via this site or by contacting us direct at the address listed.
1. All Advertisements accepted for publication by Farming hub online is accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by Farming hub in writing.
2. In these conditions:
- "Advertiser" means the person whose goods or services are advertised;
- "Advertisement" means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements and re-directed advertisements;
- "Buyer" means the person placing the order for the insertion of the Advertisement;
- " Farming hub Site" means the Farming hub website(s) onto which an Advertisement is sold
3. Farming hub reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets.
4. These conditions and all other express terms of the contract between Farming hub and the Buyer shall be governed and construed in accordance with the Laws of England / Wales and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Buyer and its officers, directors, employees and agents shall engage only in legitimate business and ethical practices in commercial operations and in relation to its dealings with any employee or official of a government agency or any other government owned, operated or controlled entity (including, without limitation, state run universities, hospitals and libraries), or political parties or candidates (jointly “Government Official”). Neither Buyer nor any of its officers, directors, employees or agents shall pay, offer, give, promise or authorize the payment, directly or indirectly, of any monies or anything of value to any commercial contact or Government Official for the purpose or intent to induce such person to use his/her authority to help the Buyer, Farming hub, and/or any affiliate of Farming hub for personal gain or for that of the Farming hub or its affiliates (any such act, a “Prohibited Payment”). A Prohibited Payment does not include a payment of reasonable and bona fide expenditures, such as travel or lodging expenses, which are directly related to the promotion, demonstration or explanation of products or services or the execution or performance of a contract, provided that such payments are permissible under Applicable Laws. Buyer further agrees not to accept any payment or other benefit in money or in kind from any person as an inducement or reward for any act or forbearance or in connection with any matter or business transacted by or on behalf of Farming hub. Farming Hub reserves the right to refuse any advert without explanation or liability.
Buyer to contract as Principal
5. The Buyer warrants that the Buyer contracts with Farming hub as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with Farming hub.
Delivery and Ownership of materials
6. Materials delivered must conform to Farming hub's specifications. Farming hub reserves the right to charge the Buyer for work it required to amend materials to conform to its specifications but accepts no liability for such work.
7. Any intellectual property rights in designs prepared by Farming hub shall remain the property of Farming hub and Advertisements including such designs may not be reproduced without Farming hub’s consent.
8. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to Farming hub on request.
Prices and Payment terms
9. Prices published by Farming hub from time to time are subject to revision at any time and orders are accepted on the condition that the price binds Farming hub only in respect of the period specified in the applicable rate card. Payment must be made within 28 days of the date of invoice, if the payment has not been cleared withing this time scale interest will be added at 4% over base rate.
10. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to Farming hub.
Limitations on Farming hub's Liability
11. Except to the extent specified in paragraph 12, Farming hub shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by Farming hub, which detracts materially from the Advertisement, Farming hub will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with Farming hub’s specifications.
12. The total liability of Farming hub to the Buyer for any act or omission of Farming hub, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to Farming hub for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, Farming hub shall not be liable for any loss of profits or business or for indirect or consequential loss. Farming hub accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
13. Farming hub accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or suspension
14. Cancellation or suspension of an Advertisement by the Buyer must be received in writing by Farming hub within the period specified by the appropriate Medium. Periods for acceptance of cancellation or suspension vary in accordance with differing production requirements.
15. Farming hub reserves the right to omit or suspend any Advertisement at any time, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyer's Warranties and Indemnities
16. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of copyright or any relevant legislation, including the Equality Act 2010, the Obscene Publications Act and any other legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
17. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
18. The Buyer will indemnify and hold harmless Farming hub from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. Farming hub reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make Farming hub or the Advertiser liable to any complaint, claim or proceedings.
19. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold Farming hub harmless accordingly.
20. Farming hub cannot guarantee the position of any Advertisement. Advertisements will be placed as near as possible to the selected position as the page make-up permits. Farming hub reserves the right to modify the wording of any classification or trade heading in the Medium or the Advertisement.
21. Periods of advertising. Private/trade advertisers are offered a one off membership payment that will run for 12 month period, Please note all adverts will normally be listed for 4 weeks (28 days). Private advertisers and trade dealers are offered various packages where Farming Hub will upload photos and text. These differing rates are set out in the registration form and all commence from the date of placing the order. All adverts will be removed automatically after 4 weeks (28 days) advertising period. It is your responsibility to re advertise the item on the site if it is not sold.
22. The Buyer must deliver complete creative content to Farming hub if they require Farming Hub to up load and publish. To cancel or alter an order the Buyer must inform Farming hub by e-mail or telephone number or address on the order, at least 2 working days before 9am on the go-live date Otherwise, Farming hub may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.
23. If the Buyer is supplying creative content or change of creative to be used in rotations, in the form of a redirected advertisement, the Buyer must inform Farming hub in advance.
24. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. Farming hub may remove any Advertisement which contains content or links to a site which, in Farming hub's opinion, is defamatory or objectionable or will bring Farming hub into disrepute. The Buyer will indemnify Farming hub from and against any claims or liability arising from links contained in an Advertisement.
25. Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant Farming hub Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any Farming hub Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement.
26. If an Advertisement is supplied which does not comply with these terms and conditions or Farming hub receives complaints regarding an Advertisement, Farming hub may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
27. The Buyer's sole remedy if Farming hub, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither Farming hub nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
28. Any Buyer or Advertisers who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) must ensure that Advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
29. Buyers and Advertisers agree to deal fairly and professionally with individuals who may respond to a recruitment related Advertisement and to indemnify Farming hub from and against any claim brought by an individual against Farming hub arising from a breach of this obligation or any other of these terms and conditions.
30. Farming hub does not guarantee any response to recruitment related Advertisements or that responses will be from individuals suitable for the job advertised. It is the Advertisers responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
31. The Agreement contains a full Agreement of the parties and that there are no other documents or representations on your part that are deemed to be part in turn of the agreement.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any trader reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Farming Hub and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Farming Hub may choose to provide attribution of your comments or reviews at our discretion. You further grant Farming Hub the right to pursue at law any person or entity that violates your or Farming Hub’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Farming Hub does not edit or control the User Messages posted to or distributed on this Site including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Farming Hub nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
The Site may contain bulletin boards, review services or other forums in which you or third parties may post reviews of buying experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If Farming Hub provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
· Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
· Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any of securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ, or the London Stock Exchange;
· Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
· Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
· Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Farming Hub;
· Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
· Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
· Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
· Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
· Viruses, corrupted data or other harmful, disruptive or destructive files;
· Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content or links to content that, in the sole judgment of Farming Hub, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Farming Hub or its affiliates or its users to any harm or liability of any type.
Farming Hub takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Farming Hub liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Farming Hub is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Farming Hub has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Farming Hub reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Farming Hub or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Farming Hub, and its licensees, successors and assigns, from any claims that you could otherwise assert against Farming Hub by virtue of any such moral rights.