FarmBackup - Marketplace for agricultural contracting

Terms and Conditions of FarmBackup

Terms of use of the online service FarmBackup

Introduction
1. FarmBackup provides an online service whereby owners of agricultural equipment and construction machinery when creating an advertisement are connected with potential tenants of the equipment in question, so that a rental agreement can be concluded between the Owner and the Tenant on the use of the equipment concerned.
2. By using the Platform, FarmBackup, Users are required to accept these Terms and Conditions ("Business Terms"). If the Business Terms are unacceptable to a User, the User is asked to leave the Platform immediately. Continued use of the Platform will constitute acceptance of the Terms and conditions.
3. The ownership, operation and maintenance of the Platform belongs to and is handled by FarmBackup ApS, Njalsgade 17A, 2300 Copenhagen S, CVR number: 36960787 ("FarmBackup").
Definitions

"Advert" is the advert created on the Platform by the Owner, containing information about the equipment and service offered.

"Visitor" is a User or Guest User, legal and physical person, who uses the Platform.

"User" is one on the Platform in accordance with section 3.2 registered Visitor, who may either be a Tenant or Owner.

"User Information" is the information given in section 3.2.

"Guest User" is an unregistered person using the Platform.

"Tenant" is a User who concludes an Operating Rental Agreement.

"Operating Rental Agreement" is an agreement between a Tenant and an Owner.

"Operator" is the person operating the Equipment.

"Platform" is FarmBackups at any time online solution containing website and mobile applications.

"Equipment" is the equipment that the Owner has and offers on the Platform.

"Service" is described in section 4.1.

Definitions
1. Access to the use of the Platform depends on whether the Visitor is a User or a Guest User. Guest Users have sole access to search in created Adverts. If a Visitor wishes to rent out Equipment and create Adverts on the Platform, he or she must register as a User. Visitors who wish to rent Equipment can either contact Owners outside the Platform or directly through the Platform's communications system. The latter requires that the Visitor create a User profile.
2. In order to register as User on the Platform the Visitors must enter name, e-mail address, telephone number, address, VAT no. (if any) and possibly other relevant information to be used identifying the User. The User will receive an e-mail with activation of the User Profile on the Platform. The User agrees that FarmBackup is entitled to obtain information about the User through the VAT registry and that this information may be used as part of the delivery of FarmBackup's services to the User. If the User wishes to create Adverts on the Platform, the User needs to accept with the price model available on the Platform.
3. A User undertakes to provide correct User information and to ensure that FarmBackup at all times has update information on the User. FarmBackup is entitled to suspend a User who provides incorrect, incomplete or erroneous information. Further, FarmBackup is entitled to suspend a User if FarmBackup suspect that incorrect information has been provided.
4. FarmBackup shall be entitled, at its sole discretion and without justification, to deny any Visitor to be established as a User. A User may terminate his/her status as User by written notification to support@farmbackup.dk. However, if the User has entered into a subscription agreement with FarmBackup, the User's payment obligation will continue in accordance with the time limits stipulated in section 5.1 below.
5. The User's profile on the Platform is protected by a password that is created in connection with the User's creation of the profile on the Platform. The User may change the password if this is necessary. The User is obligated to - and responsible for - keeping his/her password unavailable to third parties and may under no circumstances hand out the password to others.
6. It is free to be registered as a User on the Platform. However, if the User wishes to create Advertisements on the Platform, the User must agree with the price model on the Platform, cf. Section 5.1.
The Service and the Operating Rental Agreement
1. Users gain access to the Platform's, which is a digital platform, database and marketplace for communicating contact between Owners andTenants of equipment, so that an Operating Rental Agreement can be concluded between the Owner and the Tenant of a defined equipment. FarmBackup's role is solely to facilitate the contact between the Owner and the Tenant by way of the Platform. FarmBackup has no influence on a contractual agreement between the Owner and the Tenant and cannot be held responsible or liable for the content or the fulfillment of such an agreement. The responsibility for the contractual agreement and its fulfillment is solely the Owner's and the Tenant's.
2. As a User, upon acceptance of the Terms and Condition, a limited, non-exclusive right to use the Platform for the purposes stated in 4.1 is obtained.
3. FarmBackup makes it explicit that FarmBackup will not be part of an Operating Rental Agreement, and that FarmBackup is at no time considered as a contractor, agent, broker, etc.
4. A User who subscribes to a subscription agreement, cf. Section 5.1, is entitled to create Adverts on the Platform, and in this connection, the User will be asked to provide a certain information about the Equipment, including but not limited to, type, year, purpose, picture, price per hour or price per hectares. In addition, the User in an Advert must disclose whether the Equipment is only to be rented with an Operator. After the creation of an Advert, other Visitors will be able to search for and find the Advert on the Platform and Users will be able to contact the Owner and request to enter into an OperatingRental Agreement on certain stipulated terms directly agreed between the Owner and the Tenant. The Owners contact details will also be shown in the Advert.
5. A User accepts and acknowledges that the User is responsible for the content of the Advert (created by the User), including that the content is in accordance with the facts and that an advertisement and the subsequent conclusion of a Operating Rental Agreement do not violate third party law, including but not limited to leases, insurance contracts, rental agreement, copyrights, etc. The Owner hereby undertakes to have the necessary permissions to operate the Equipment and a person to operate it.
6. FarmBackup has no influence on the actual agreement between the Owner and the Tenant and the terms and conditions therein. FarmBackup, however, urge both the Owner and the Tenant to ensure that they are properly insured and that the agreement is in accordance with good practice and applicable regulation. FarmBackup points out that FarmBackup cannot in any way be held liable for lack of proper insurance from either the Owner's or the Tenant's side.
Payment
1. If a User wishes to create Adverts on the Platform, they must create a subscription at FarmBackup. Prices and subscription periods are shown on FarmBackup's Platform and marketing material. A User may terminate his subscription at any time prior to the expiry of the subscription period that he/she has signed with 3 months notice (to the end of a month). In the absence of termination by the User, the subscription will continue for new period on equivalent terms.
2. A User may only create one user profile. For example, a company must only have one user profile associated with its company ID.
3. The payment between the Owner and the Tenant is FarmBackup extraneous.
Marketing
1. Any advertising, promotion or the like, directly or indirectly, for products, services, persons other than the Equipment offered for rental through the Platform is not permitted and FarmBackup is entitled to remove such content without notice and block the User's access to the Platform, permanently or temporarily, as such abuse of the Platform is considered to be a material breach of these Terms and Condition.
Disclaimer
1. FarmBackup is in relation to the Operation Rental Agreement between Owner and Tenant solely an intermediary, and FarmBackup assumes no liability in relation to the delivery of the services delivered thereunder, unless otherwise stated in the Terms and Conditions. The use of FarmBackups Platform for communicating Operational Rental Agreements is at the sole discretion of the User, and FarmBackup is not liable for any damage caused during the performance of the work under which the Operating Rental Agreement is based. There is no employee/employer relationship between FarmBackup and the User at any time. FarmBackup is at no time liable for compliance and fulfilment of the Operating Rental Agreement, including late delivery.
2. The User agrees that FarmBackup cannot be held responsible for the use or disclosure of any other person's information on the Platform and accepts with the risk that information about Equipment, User location, contact information, etc. is publicly available to visitors.
3. FarmBackup cannot be held responsible for the availability, and/or non-performance of the service and Platform's performance, including viruses, technical errors, hacker attacks, and outcomes of any kind. Furthermore, FarmBackup cannot be held responsible for third parties unauthorised access to Users data and information. The platform is delivered as it is and is available, without any warranty of any kind. FarmBackup can not be held liable for direct or indirect loss and consequential damages, including loss of revenue or loss of data and information, due to the User's inadequate storage of password to the Platform.
4. FarmBackup cannot be held responsible for the contents of the Platform; including special text, information or links that have been invoked by Users on the Platform. FarmBackup does not make an editorial review of the imprinted text on the Platform. FarmBackup makes no background checks on Users and does not in any way certify or verify the User's information, User's credibility, skills, training, User's insurance situation and so on.
5. FarmBackup cannot be held responsible for deleting the User's data or suspension of the User as a result of the User's failure to comply with these terms or suspected non-compliance.
6. FarmBackup's liability is in any event limited to the amount paid to FarmBackup by the claimant.
Privacy
1. FarmBackup collects data regarding Users for registration, systematisation, disclosure and storage for delivery of the performance including the preparation of adverts, marketing, statistics and publication, including FarmBackup's website and social media.
2. The collected data is as follows:
  1. The data entered by the User on the Platform, including but not limited to:
    1. Identification information (eg. name, address, company ID, e-mail address and phone number).
    2. Payment information (if the User creates a subscription with Farmbackup).
    3. Copy of the Adverts that the User may have created.
    4. Copy of the correspondence between Users, which takes place via the Platform.
  2. Location
3. The data manager is FarmBackup, and the User can delete his data at any time by closing his profile on the Platform.
4. The user accepts and acknowledges that the User's data and disclosure of these on the Platform causes the User's identity to be recognised. Providing the User's information by name, address, e-mail address, company ID and telephone number, the User is in agreement and consents at the same time that all such information as a necessary consequence of delivery of the service may become available to anyone using FarmBackup's platform.
5. FarmBackup states that the User's data will be stored on Amazon Web Services servers.
Tax and VAT
1. It is the User's own obligation to provide proper tax and VAT handling of the services that may be exchanged between the Users through Operating Rental Agreements concluded through the Platform. FarmBackup is not responsible for any tax or VAT matters or filings of the Users and Owners.
Terms of business
1. FarmBackup is entitled to change the Terms and Condition with 14 days notice. Any change is notified to Users per email.
2. These Terms and Conditions together with the cookie policy (available on FarmBackup's Platform) constitutes the full contractual agreement between FarmBackup and the User.
Other provisions
1. These Terms of Business and any dispute between a User and FarmBackup is governed by and shall be construed and settled in accordance withDanish law. The City Court of Copenhagen has exclusive jurisdiction to settle any disputes between a User and FarmBackup.
2. The service is made available to professional users, ie. Users who mainly trade in their profession. The Danish Consumer Agreement Act's rules are therefore not covered by the services, cf. the Danish Consumer Agreement Act, § 1, subsection 1, cf. § 2, subsection 1.