Terms & Conditions


Last updated: 2nd September, 2018
Terms of use

Please read through these Terms of Use (“Terms”), which constitute the legally binding agreement for your use of the services (the “Service”) offered by Nocofio Limited. (“Nocofio” or the “Company”) and the website at https://nocofio.com.

These Terms govern on all activities on the site by any visitor, user and others who access or use the Service. Your access and use of the Service are conditioned on your acceptance of and compliance with these Terms stated herein. By accessing or using any part of the Service, you agree to be bound by the Terms set forth herein. If you disagree with any part of these terms, kindly refrain from accessing or using the Service.

Summary of service

Nocofio is a crowd-lending platform that connects promising smallholder agri-businesses to investors, giving them the opportunity to participate in the agricultural sector by selecting the kind of smallholder agribusinesses they want to sponsor. We use the contributors’ (“Sponsors”) funds to support smallholder agribusinesses in the production, processing, distribution of farm produce, and then pay the Sponsor profits from a successfully production cycle for the farm produce. While this production cycle is on-going, the Sponsors are able to track the full-cycle by getting updates in text, pictures and videos.

Definition of terminologies

In the Terms herein, we regard those contributing funds as “Sponsors” and those who have opted in to only receive updates from the agribusinesses as “Agribusiness followers”. Other users of the Service and visitors to the Site are referred to collectively as “Users.” Information about happenings and progress reports on the agribusinesses are referred to as “agribusiness updates”. A “production cycle” refers to a complete production from processing to distribution and sales. A "Smallholder Agribusiness" entails entrepreneur or businesses in the agricultural value chain from production, processing, retail to distribution; for example, a farmer on the production level.

Acceptance of terms

These Terms apply to every user of the Service. The Service is offered subject to agreement with and acceptance of all of the terms and conditions presented in these Terms and all other operating rules, policies, and procedures that may be posted on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third party service providers to the Site that are referenced herein. Also, some Services offered via the Site may be subject to additional terms and conditions provided by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

Account registration

To assess some services, you will be required to create an account. When creating an account with us, you must ensure you provide us with information that is correct, complete, and current at all times. If you fail to do this, it becomes a breach of our Terms, which may lead to the immediate termination of your account on our Service.

You are responsible for ensuring the protection of the password that you use to access the Service and for any activities or actions undertaken with your password, whether your password is with our Service or a third-party service provider.

You agree that you will not disclose your password to any third party. You must prompt us by immediately sending us a notification as soon as you notice any breach of security or unauthorized use of your account.

Please ensure that when creating an account, you should not use as a username any name that is offensive, vulgar or obscene. Also, you may not use as a username the name of another person or entity or any name that is not lawfully available for use, or that is subject to any rights of another person or entity other than you without proper authorization.

Intellectual Property

The Service and its original content, data, features and functionality are and will remain the exclusive property of Nocofio Limited. The Service is protected by copyright, trademark, and other laws of The Federal Republic of Ghana. Except with the prior written consent of Nocofio Limited, you may not use our trademarks and trade dress in connection with any product or service.

Usage

User shall not in anyway, either directly or indirectly, do any of the following:
(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction
(ii) modify, translate, or otherwise create derivative works of any part of the Service
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You accept to access or use the Site strictly for lawful purposes. You accept that you won't use any device, software or other instrumentality to hamper or attempt to hamper with the proper functioning of the Site, and that you won't embark on any action or intention that inflict an unreasonable or disproportionately large load on our infrastructure or system.

Links to Other Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Nocofio.

Nocofio has no control over, and takes on no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further agree that Nocofio shall not be liable or responsible in any way, directly or indirectly, for any loss or damage initiated or alleged to be initiated by or relating to the use of or reliance on any such content, goods or services available on or via any such websites or services.

We strongly recommend that you to read through the terms and conditions, privacy policies and any other policies of any third-party websites or services that you visit.

Feedback

The more suggestions our users make, the better the Service become. However, if we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless. If you decide to provide technical, business or other feedback to the Company as regards the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback based on sole discretion without any obligations or restrictions of any form, including intellectual property rights or licensing obligations. This means that a user grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to the user. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.

Termination

Without any prior notice or liability, we reserve the right to terminate or suspend your account immediately for any reason whatsoever, including without limitation to the violation of these Terms. As soon as your account is terminated, your right to use the Service will immediately cease. You may simply discontinue using the Service if you want to terminate your account.

Indemnification

You shall defend, indemnify, and hold harmless Nocofio, its directors, partners, agents, affiliates, employees, contractors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that result from or regarding your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Nocofio retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Nocofio in affirming any available defenses.

Limitation Of Liability

Under no circumstance shall Nocofio, its directors, employees, partners, agents, suppliers, representatives, affiliates, or contractors, be liable for any indirect, incidental, consequential, special, or punitive damages, including with no limitation to, loss of profits, data, use, goodwill, or other intangible losses, arising out of (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content acquired from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy described herein is found to have failed of its essential purpose.

Force Majeure

We shall not be liable by reason of any failure or delay in the performance of our obligations on account of events beyond our reasonable control, which may include strikes, riots, fires, acts of God, war, terrorism, and governmental action.

Disclaimer

Your access or use of the Service is at your sole risk. We will not be held responsible for your access or use of the Service. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We offer no warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Nocofio, its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The Republic of Ghana, without regard to its conflict of law provisions.

Entire Agreement

Nocofio reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.

Also, the Company retains the right, based on sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes. If you disagree with any such changes, your sole recourse will be to refrain from using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms will represent your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us as regards our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Contact Us

If you have any questions about these Terms, please contact us.