Farmlink Terms of Service

Last updated May 2017

These Terms of Service set out the terms and conditions under which individuals may use this website and access the services offered by FarmStart and Farmlink.net. These Terms of Service comprise a legal agreement between FarmStart and you, the person accessing and using this website (“You” or “User“). FarmStart owns, operates and maintains the Farmlink.net website at www.farmlink.net (“Website“). By accessing the Website, you are deemed to have read Terms of Use and you agree to be bound by the Terms of Service which shall govern your access and use of the Website and all applicable laws and regulations.

At any time, we may change these terms and conditions and the information provided on the website, without prior notice.  Your continued use of this website will be deemed to be your acceptance of those changes.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE PLEASE DO NOT USE THIS SERVICE AND EXIT THE WEBSITE.

Not Professional Advice

Farmlink.net provides the information on this website (including, without limitation, blog posts, resources, links, bulletins and news feeds,publications, guides, webinars and online courses (“Resources”) for general information purposes only.  These Resources do not constitute legal, financial or any other professional advice of any kind and are provided for informational purposes only.  The use of any such information will not establish any advisor-client, contractual or other relationship between Farmlink.net and the user.

Description of Services

Farmlink.net offers online services to connect farm seekers with farmland opportunities including, but not limited to, employment, internships, land leases, rent to own, property and business sales  (“Opportunities“).  Farmlink.net allows individuals and/or entities offering farm opportunties (“Farm Owners“) to post opportunity listings on the Website to facilitate matching with those Users who are seeking farm opportunites (“Farm Seekers“).

Farmlink.net services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Farm Seekers to find the appropriate Farm Owner based on their preferences and needs. Farmlink.net Services also involves providing a platform to facilitate the initial and ongoing communication between Farmseekers and Farm Owners (“Messaging Platform“). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number.  Users must complete a profile before utilizing the Messaging Platform and at no time may transmit mass, blanket messages to other users via the Platform.

FarmStart reserves the right to re-post a User’s service advertisement on external third-party websites for the purposes of ensuring exposure of the User’s request and/or provision of Services. Any such re-posting on an external third-party website will not include Personal Information (as defined below) of the Users.

Once a match is made, FarmStart is not a party to the relationship between the Farm Seeker and Farm Owner. FarmStart is not a party to and shall not, in any way, be liable to a Farm Seeker or Farm Owner or any other third party, arising, either directly or indirectly from any employment, lease, sale or independent contractor agreement between the parties.

FarmStart does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Website. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of Farmlink.net Website.

Please refer to the Website regularly for further information about the Services provided.

Eligibility Criteria

To be eligible to use the Services offered by Farmlink.net, you represent and warrant as follows:

  1. That you are eighteen (18) years of age or older on the date of creation of your User Account;
  2. If you are registering as Farm Seeker, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
  3. Neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.

User Accounts and Passwords

To access and use certain features of the Website, you will need to create a profile through the Website (“User Account“). As part of the process to create, register and maintain your User Account you must provide Farmlink.net with certain current, complete, and accurate registration information, including your name, e-mail address, address, postal code/ZIP code, and phone number, and other data or information that has been requested by Farmlin.net during the client account registration or renewal process (“Registration Data“).

In these Terms of Service, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Website and any other information that identifies who you are. Registration Data and Personal Information will be used by FarmStart solely in accordance with these Terms of Service and Company’s Privacy Policy (the “Privacy Policy“).

You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website; and (c) be responsible for all activities that occur under such password or account; d) you agree that you will use the Website and the Services as they intended to be used.  Further, you agree to immediately notify FarmStart of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account.

FarmStart reserves the right to suspend or terminate any User account we feel is being used for inappropriate activity, communication or ends, with respect to the intended use of the website and the Terms and Conditions outlined in this document.

User Account Fees, Term and Renewal

  • Farmlink.net charges a fee of for its Services. The first fee payment is made when a User signs up for Farmlink.net Services. User agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., monthly, quarterly, annually), unless the Services are thereby terminated by either Party.
  • You agree that any fees associated with the use of Farmlink.net Services are considered final payments and are non-refundable.

Personal Information

You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy , which is hereby incorporated by reference into, and forms an integral part of, the Terms of Service. By agreeing to the Terms of Service or by using the Website, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy.

Content and Use of Services

As a Farm Seeker, Farm Owner or any other User of the Services, You agree that the content of information and materials posted on the Website by You is accurate, current and complete. In addition, You represent and warrant as follows:

  • You will use the Services provided by Farmlink.net solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
  • You have the right and authority to post all information you post about yourself or others.
  • You will not provide inaccurate, misleading, defamatory or false information to FarmStart or to any other User of the Website.
  • You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
  • You will only utilize the Messaging Platform when you have a completed profile and will not, at any time, transmit mass, blanket messages to other users via the Messaging Platform.
  • Your use of the Website and Services provided by Farmlink.net are in accordance with any and all applicable laws and regulations.

Use License

FarmStart hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Service and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services. These Terms of Service do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of FarmStart or any third party. FarmStart may terminate this license at any time for any reason whatsoever.

Intellectual Property

This Website and all intellectual property rights in the Website are owned by FarmStart. FarmStart reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.

Trade-marks

All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Website or used in connection with the Services are the trade-marks of FarmStart (or its suppliers, partner businesses or third party licensors). Any use or misuse of any trade-marks or brand elements of FarmStart or any other content appearing on the Website or in connection with the Services except as provided in these Terms of Service or with the express written consent of FarmStart is strictly prohibited. Nothing contained on this Website shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of FarmStart.

Use Restrictions

In addition to complying with these Terms of Service, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.

FarmStart encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Website and in connection with the Services provided. Please contact FarmStart at admin@farmstart.ca

Termination of Registration

FarmStart reserves the right, in its sole discretion, to terminate your account or access to part or all of FarmStart Website and/or Services in the event that FarmStart determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Service, or have misused the Website or Services in any way.

Disclaimer

The information on this website is provided on an “as is” and “as available” basis without any representations, warranties or conditions, whether express or implied, statutory or otherwise, written or unwritten, including, without limitation, any representations, warranties, conditions or guarantees as to quality, accuracy, completeness, currency, fitness for a particular purpose, uninterrupted access, error free operation, or the absence of computer viruses and other harmful components or corrupted data or information.

Limitation of Liability

FarmStart’s Farmlink.net services facilitates the matching of Farm Seekers and Farm Owners by providing search functions to allow Farm Seekers to find the appropriate Farm Owner and Opportunity based on their preferences and needs.  Once a match is made between and Farm Seeker and Farm Owner, FarmStart  is no longer a party to the relationship between the Farm Seeker and Farm Owner.

YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL FARMSTART BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY FARMLINK.NET CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

FARMSTART IS NOT A PARTY TO AND SHALL NOT, IN ANY WAY, BE LIABLE TO A FARM SEEKER OR FARM OWNER OR ANY OTHER THIRD PARTY, ARISING, EITHER DIRECTLY OR INDIRECTLY FROM ANY RELATIONSHIP BETWEEN THE PARTIES SUCH AS EMPLOYMENT, LEASE, SALE OR INDEPENDENT CONTRACTOR AGREEMENT.

IN NO EVENT WHATSOEVER SHALL ANY OF FARMSTART, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY RESOURCES CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF ANY OF THE PARTIES HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

Indemnification

You agree to indemnify and hold FarmStart, directors, officers, employees, contractors and agents,  harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Website.

Miscellaneous

Governing Law

You agree that these Terms of Service shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. In the event of a dispute under these Terms of Service, such dispute shall be resolved in the Courts of the Province of Ontario.

Modifications of Terms of Service
  1. FarmStart may revise these Terms of Service at any time without notice. By using the Website, you are agreeing to be bound by the current version of the Terms of Service and Privacy Policy (last updated date listed at the top of the Terms of Service).
  2. The content and material appearing on the Website could include technical, typographical or photographic errors. FarmStart does not warrant that any of the materials provided are accurate or current.

Contact Us

If you have any questions about the Terms of Service, or need to provide notice to, or communicate with, FarmStart under the Term of Service, please contact FarmStart admin@farmstart.ca, or by delivery in person, by courier or by the mail, to Company at: P.O. Box 1875,  Guelph, Ontario N1H 7A1