Find Agricultural Businesses, Events, Properties and Vacancies
These Terms & Conditions Apply to the Use of the Farmgear Website
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Our Site: means farmgear.co.uk
We/Us/Our: means Farmgear trading as ON24 (UK) Limited, a company registered in England under 05188829, whose registered address is The Old Vicarage, Church Close, Boston, Lincolnshire. PE21 6NA.
Account: means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4 below.
Contract: means a contract for the purchase of a paid service on the website, as explained in Clause 8 below.
Content: means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site.
Free Listing: means a free directory listing posted on Our Site by Farmgear or a User, providing details of that User’s business or event.
Paid Listing: means a listing posted on Our Site by a User, in exchange for a fee, providing details of that User’s business, event, property and/or vacancy.
Advert: means advertising displayed on Our Site in addition to Free and Paid Listings.
Listing Confirmation: means Our acceptance and confirmation of your purchase of a Paid Listing and/or Advert.
Listing ID: means the reference number for your Paid Listing and/or Advert.
Listed Business: means any business featured in a Free or Paid Listing.
Listed Event: means any event featured in a Free or Paid Listing.
Upgrade: means changing your free or paid listing package to a paid one.
Downgrade: means changing your listing package to one below i.e. a free one.
Affiliate Advertiser: means a party responsible for Third Party Advertising displayed on Our Site. We may earn a certain percentage as commission from any sales made via the advert on Our Site.
User: means a user of Our Site.
User Review: means a review posted on Our Site by a User.
Forum: means a discussion forum hosted on Our Site;
Post: means a post in a Forum on Our Site (and includes any and all content in such posts including, but not limited to text and images);
System: means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and Forums.
Farmgear Help Centre: means a knowledge base of articles written to explain how to use many features of the website.
Friends of Farmgear: means our community projects.
2. Preconditions
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms and Conditions under which you may use this website. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.
AND You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. These Terms and Conditions apply to both Paid and Free Listings, Banner Adverts and Forum use.
Please read these Terms and Conditions carefully and ensure that you understand them before purchasing and submitting a Paid Listing, booking a Banner Advert or creating a Forum Post.
Please read these Terms and Conditions carefully and ensure that you understand them before partaking in any Friends of Farmgear activities.
Please read these Terms and Conditions carefully and ensure that you understand them before using any of our Farmgear Help Articles, none of which constitute professional legal advice.
You will be required to read and accept these Terms and Conditions when completing a purchase. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to purchase and submit a Paid Listing, Advert or Forum Post to Our Site.
These Terms and Conditions, as well as any and all Contracts are in the English language only.
3. Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of Our Site is subject to these Terms and Conditions. Please ensure that you have read them carefully and that you understand them.
It is the nature of the internet and servers that means We do not offer any guarantees to the availability or interruption of our services, and we do not accept liability for any losses caused by the unavailability, malfunction or interruption of our services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
4. Accounts
Certain parts of Our Site (including the ability to post Free Listings, Paid Listings and/or Adverts etc., and the ability to submit User Reviews or Forum Posts) may require an Account in order to access them.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.
We insist that you choose a strong password for your Account, consisting of a combination of lower case, upper case, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately, see Clause 25 below. We will not be liable for any unauthorised use of your Account.
The User is also fully responsible for ensuring they install professional anti-virus and anti-malware software on their computers, tablets, mobile phones and any device that connects to the Internet.
The User must also keep these software programs regularly updated and current.
Free versions of this type of software are not sufficient and we do not allow their use when connecting to Our Site.
Time taken to fix damage to Our Site and/or email system because of viruses/malware introduced by Users will be invoiced to The User at our current hourly rate.
The User is also fully responsible for ensuring their devices’ operating systems and browsers are the latest versions with all patches/updates applied.
Outdated versions of operating systems and browsers will compromise the security of our servers.
If a malicious program is introduced into Our Site, email system, our servers etc. from an infected device, We reserve the right to charge all reasonable costs to rid Our Systems of all traces of the malicious program.
See also Clause 19 below.
You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 21 below.
If you wish to Upgrade your free account you may do so by claiming your listing
If you wish to Upgrade your paid account you may do so from within your listing
If you wish to Downgrade your account you may do so from within your listing
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access and ALL data pertaining to your account will be deleted.
If you close and delete your Account, any Free or Paid Listing(s), Adverts etc. you have posted to Our Site any User Reviews that you have submitted to Our Site will also be deleted and the licence granted to Us under Clause 6 or 7 below will be terminated
Alternatively, you may downgrade Paid Listing(s) to Free Listing(s)
5. Intellectual Property Rights
With the exception of Free Listings, Paid Listings, Adverts, User Reviews and Posts, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.
All Content (including that in Free Listings, Paid Listings, Banner Adverts, User Reviews and Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to sub-Clauses below you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
You may:
Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
Download Our Site (or any part of it) for caching;
Print one copy of any page(s) from Our Site;
Download extracts from pages on Our Site; and
Save pages from Our Site for later and/or offline viewing;
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged and cited as your source.
You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
The User guarantees that any elements of text, graphics, photos, designs, trademarks, video files (not YouTube links) or other artwork that they provide for inclusion in the web site are either owned by themselves, or that they are correctly licensed to use them.
We reserve the right to request proof of such license(s).
It is a common misconception that Google images are free to use. Google indexes images the same as it does text, both of which will carry the owner/creator’s copyright.
Free images need to have a public domain license and be expressly useable commercially.
The User agrees to indemnify and hold harmless Farmgear against any and all claims, costs, and expenses, including solicitor’s fees, due to materials included in Our Site at their request for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
6. Free Listings
Before joining Farmgear please ensure your business is not already listed, by using the search facility. Many businesses are already listed but are currently Free listings and will need to be claimed and then upgraded from within the listing, if you choose to.
An Account is required if you wish to submit or claim a Free Listing. Please refer to Clause 4 above for more information.
You agree that you will be solely responsible for your Free Listing. Specifically, you agree, represent and warrant that you have the right to submit or claim the Free Listing and that all information in the Free Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that your Free Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 20.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under this Clause 6. You will be responsible for any loss or damage suffered by Us as a result of such breach.
You (or your licensors, as appropriate) retain ownership of the content of your Free Listing and all intellectual property rights subsisting therein. By submitting a Free Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Free Listing for the purposes of operating and promoting Our Site.
If you wish to remove a Free Listing from Our Site, you may do so by contacting us, see Clause 25 below. We will use reasonable efforts to remove the Free Listing in question from Our Site. Removing a Free Listing also revokes the licence granted to Us to use that Free Listing under this Clause 6. Please note, however, that caching or references to your Free Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
We may reclassify your Listing where it has been placed in an incorrect category.
We may reject, reclassify, or remove any Free Listing from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, see Clause 20, or if We receive a complaint from a third party and determine that the Free Listing in question should be removed as a result.
We may reclassify your Listing where it has been placed in an incorrect category.
7. Paid Listings
Before joining Farmgear please ensure your business is not already listed, by using the search facility. Many businesses are already listed but are currently Free listings and will require claiming and then upgrading from within the listing, if you choose to.
An Account is required if you wish to submit a Paid Listing. Please refer to Clause 4 above for more information.
You agree that you will be solely responsible for your Paid Listing and its content. We accept no responsibility for the content of Paid Listings. Specifically, you agree, represent, and warrant that you have the right to submit the Paid Listing, that all the information in the Paid Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Paid Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 20 below.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under this Clause 7. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
You (or your licensors, as appropriate) retain ownership of the content of your Paid Listing and all intellectual property rights subsisting therein. By submitting a Paid Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Paid Listing for the purposes of operating and promoting Our Site.
Your Paid Listing will be made available on Our Site immediately when We send you a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation.
In some limited circumstances, We may need to suspend the availability of Paid Listings for reasons including, but not limited to, fixing technical problems on Our Site.
If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary.
If the suspension lasts for more than 72 hours, the availability of your Paid Listing will be extended by a period equivalent to the length of the suspension.
If the suspension lasts (or We tell you that it is going to last) for more than seven days, you may end the Contract as described below in Clause 9.
If you wish to remove your Paid Listing from Our Site, you may do so by contacting us. Removing a Paid Listing also revokes the licence granted to Us to use that Paid Listing under Clause 8 below. Please note, however, that caching or references to your Paid Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
Removing a Paid Listing before its expiry under Clause 9 below will not entitle you to any refund, as per Clause 9 below.
We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Listings. Any such opinions, views, or values are those of the relevant User and/or Listed Business, Event, Vacancy or Property for Sale, and do not reflect Our opinions, views, or values in any way. We have limited control over, nor involvement in, Paid Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business, Event, Vacancy or Property for Sale.
We may reclassify your Listing where it has been placed in any incorrect categories.
8. Contract
Our Site will guide you through the process of purchasing a Paid Listing and/or Advert. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us, see Clause 25 below, as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within seven working days of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Listing and/or Advert on Our Site that results from you providing incorrect or incomplete information.
No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Paid Listing and/or Advert constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Listing Confirmation by email. Only once We have sent you a Listing Confirmation will there be a legally binding Contract between Us and you.
Listing Confirmations shall contain the following information:
Your Listing ID;
A link to your Listing
Payment Confirmations shall contain the following information:
Confirmation of the price paid for your Paid Listing and/or Advert;
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
Any refunds due under this Clause 8 will be issued to you as soon as possible, and in any event within fourteen days of the day on which the event triggering the refund occurs.
Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Paid Listing and/or Advert.
9. Cancellation
If you purchase a Paid Listing and/or Advert by mistake please inform Us within seven days, and We will cancel the purchase, remove your Paid Listing and/or Advert, and issue a full refund. If you do not inform Us within seven days, We will not be able to offer any refund and your Paid Listing and/or Advert will remain available until its expiry date.
If you wish to exercise your right to cancel under this Clause 9, you may inform Us of your cancellation by email. Cancellation by email is effective from the date on which you send Us your message.
In each case, providing Us with your name, address, email address, telephone number, and Listing ID.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however, please note that you are under no obligation to provide any details if you do not wish to.
Refunds under this Clause 9 will be issued to you as soon as possible, and in any event within fourteen calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Paid Listing and or Advert.
You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund.
10. Payment
Payment for Paid Listings and/or Adverts are paid for at the time of booking, and also on each renewal date.
Listing packages are automatically renewed, (subject to such changes in package fees as are notified to you in the renewal notice) for a further term of twelve months on each renewal date unless you use the “Delete” option on your listing prior to the renewal date.
We accept the following methods of payment on Our Site:
PayPal, allowing you to pay securely via card or from your PayPal balance
If you do not make any payment due to Us on time, We will not make your Paid Listing and/or Advert available on Our Site or, in the case of a renewal, will suspend its availability on Our Site.
If you believe that We have charged you an incorrect amount, please contact Us, see Clause 25 below, as soon as reasonably possible to let Us know.
11. Pricing
We may from time to time change Our pricing. Changes in price will not affect any Paid Listing and/or Adverts that you have already purchased but will apply to any subsequent renewal of a Paid Listing and/or Advert or a new Paid Listing and/or Advert. We will inform you of any change in price at least sixty days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in Clause 9 above.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of you viewing the site. Changes in price will not affect any order for a Paid Listing and/or Advert that you have already placed.
All prices are checked by Us before We accept your order for a Paid Listing and/or Advert. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Paid Listing and/or Advert at the correct price or to cancel your order. We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within fourteen days, We will treat your order as cancelled and notify you of this in writing.
If We discover an error in the price of your Paid Listing and/or Advert after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to Clause 9 above.
Prices on Our Site are currently not subject to VAT.
12. Links to Our Site
You may link to Our Site provided that:
you do so in a fair and legal manner;
you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
you do not use any logos or trademarks displayed on Our Site without Our express written permission; see Clause 5 above and
you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
You may link to any page of Our Site.
Framing or embedding of Our Site on other websites is not permitted.
You may not link to Our Site from any other site the main content of which contains material that:
is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person or business;
is calculated or is otherwise likely to deceive another person or business;
is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s or business’ privacy;
misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person or business in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
The content restrictions in Clause 20 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of Clause 20. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
13. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control.
Sites under our control include:
Web Design UK (WDUK)
Farmgear (FG)
Sustainable Travel UK (STUK)
ON24 (UK) Limited (ON24)
VR Designs (VRD)
And any other brands we include in the future.
We neither assume nor accept responsibility or liability for the content of third-party sites.
The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
14. Advertising
We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User.
You agree that you will not attempt to remove or hide any Third Party Advertising or any other Advertising, including Our Advertising using HTML/CSS or by any other method.
We are not responsible for the content of any Third Party Advertising on Our Site. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions, where the Advertising has been supplied to us by Third Party Advertisers.
OR adverts may be Affiliate Advertiser banners. See Clause 1 above.
You agree that you will be solely responsible for your Advert and its content. We accept no responsibility for the content of Adverts. Specifically, you agree, represent, and warrant that you have the right to submit the Advert, that all the information in the Advert is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Advert will comply with Our Acceptable Usage Policy, detailed below in Clause 20 below.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under this Clause 7. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
You (or your licensors, as appropriate) retain ownership of the content of your Advert and all intellectual property rights subsisting therein. By submitting a Advert, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Advert for the purposes of operating and promoting Our Site.
Your Advert will be made available on Our Site immediately when We send you a confirmation and will continue to be available for the period stated in the Advert Confirmation.
In some limited circumstances, We may need to suspend the availability of Adverts for reasons including, but not limited to, fixing technical problems on Our Site.
If your Advert is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary.
If the suspension lasts for more than 72 hours, the availability of your Advert will be extended by a period equivalent to the length of the suspension.
If the suspension lasts (or We tell you that it is going to last) for more than seven days, you may end the Contract as described above in Clause 9.
If you wish to remove your Advert from Our Site, you may do so by contacting us. Removing a Advert also revokes the licence granted to Us to use that Advert under Clause 8 above. Please note, however, that caching or references to your Advert may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
Removing a Advert before its expiry under Clause 9 below will not entitle you to any refund, as per Clause 9 above.
We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in an Advert. Any such opinions, views, or values are those of the relevant User that has submitted the Advert, and do not reflect Our opinions, views, or values in any way. We have limited control over, nor involvement in, Advert, and We accept no responsibility for any actions taken, or for any products or services provided by, any Banner Advert.
If you upload an incorrect image size for your Banner Advert we can crop the image for you, but it may not sit in the space as you had expected it to.
On our sister site Web Design UK, we have written a guide on preparing images for the web.
Our Affiliate program rewards you for putting new Farmgear site users and/or web design/mobile app clients Our way.
You can join Our affiliate program enabling you to visibly promote Us on your website, social media etc. with one of Our own banners.
Anyone that clicks on a link, and becomes a new website or mobile app project customer of Ours, will result in a payment to you of 3% of their booking fee.
Booking fees are defined as the sale price of a new website and/or mobile app project with Us, less any payment fees.
15. User Reviews
We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User.
You agree that you will not attempt to remove or hide any Third Party Advertising or any other Advertising, including Our Advertising using HTML/CSS or by any other method.
We are not responsible for the content of any Third Party Advertising on Our Site. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions, where the Advertising has been supplied to us by Third Party Advertisers.
Two forms of Advertising may appear on Our Site:
Banner Adverts purchased and supplied by site Users here https://blue.farmgear.co.uk/farming-advertising-banners/
OR adverts may be Affiliate Advertiser banners. See Clause 1 above.
You agree that you will be solely responsible for your Banner Advert and its content. We accept no responsibility for the content of Banner Advert s. Specifically, you agree, represent, and warrant that you have the right to submit the Banner Advert, that all the information in the Banner Advert is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Banner Advert will comply with Our Acceptable Usage Policy, detailed below in Clause 20 below.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under this Clause 7. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
You (or your licensors, as appropriate) retain ownership of the content of your Banner Advert and all intellectual property rights subsisting therein. By submitting a Banner Advert, you grant Us an unconditional, non-exclusive, fully transfferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Banner Advert for the purposes of operating and promoting Our Site.
Your Banner Advert will be made available on Our Site immediately when We send you a confirmation and will continue to be available for the period stated in the Banner Advert Confirmation.
In some limited circumstances, We may need to suspend the availability of Banner Adverts for reasons including, but not limited to, fixing technical problems on Our Site.
If your Banner Advert is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary.
If the suspension lasts for more than 72 hours, the availability of your Banner Advert will be extended by a period equivalent to the length of the suspension.
If the suspension lasts (or We tell you that it is going to last) for more than seven days, you may end the Contract as described above in Clause 9.
If you wish to remove your Banner Advert from Our Site, you may do so by contacting us. Removing a Banner Advert also revokes the licence granted to Us to use that Banner Advert under Clause 8 above. Please note, however, that caching or references to your Banner Advert may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
Removing a Banner Advert before its expiry under Clause 9 below will not entitle you to any refund, as per Clause 9 above.
We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Banner Advert. Any such opinions, views, or values are those of the relevant User that has submitted the Banner Advert, and do not reflect Our opinions, views, or values in any way. We have limited control over, nor involvement in, Banner Advert, and We accept no responsibility for any actions taken, or for any products or services provided by, any Banner Advert.
If you upload an incorrect image size for your Banner Advert we can crop the image for you, but it may not sit in the space as you had expected it to.
On our sister site Web Design UK, we have written a guide on preparing images for the web.
Nothing on Our Site including but not limited to Listings, Adverts, User Reviews or Posts constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to conducting business with any other business, OR on the basis of any information provided on Our Site.
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.
We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings, Adverts, User Reviews, Posts etc. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have limited control over, nor involvement in, any Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business, Event, Vacancy or Property for Sale.
The opinions, views, and values expressed in Content on Our Site, including but not limited to Listings, Adverts, User Reviews or Posts, are those of the authors of that Content and do not represent Our opinions, views, or values.
We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavors’ to ensure that Our services are trouble-free.
If, however, there is a problem with your Paid Listing and/or Banner Advert, or with any other aspect of Our services, please contact Us, see Clause 25 below, as soon as is reasonably possible. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
17. Our Liability
To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Free Listing, Paid Listing, Banner Advert or Post) included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
For Paid Listings and/or Adverts Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the cost of your Paid Listing and/or Advert.
18. Force Majeure
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 18 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
If the event outside of Our control occurs and continues for more than thirty days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within fourteen calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Listing and/or Advert.
19. Viruses, Malware & Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, see below.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack (DoS), a distributed denial of service attack, or by any other means.
By breaching the provisions of this Clause, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
See also Clause 4 above.
20. Acceptable Usage Policy
You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 20. Specifically:
you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When submitting a Listing, Advert or Post (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person or business;
is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business, Event, Vacancy or Propety for Sale or any other business, event or person);
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this Clause 20);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 20 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
suspend or remove your Listing, Advert or Post;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
This policy is incorporated into these Terms and Conditions by this reference.
22. Changes to Terms & Conditions
We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
23. Communications from Us
If We have your contact details (if, for example, you have an Account) We may from time to time send you important Bulletins and/or Newsletters by email.
Email Bulletins will relate to matters including, but not limited to, service changes, service issues, service updates, changes to these Terms and Conditions, Our Terms and Conditions, and changes to your Account.
These Bulletins must be read, and We will not be held responsible in any way for The User not reading important instructions included within these bulletins.
You may opt out at any time. Any and all Bulletin emails sent by Us include an unsubscribe link.
However, opting out of Bulletin emails does not mean the User is exempt from being bound by important instructions included within these bulletins
Email newsletters will be to keep you informed of new products, special offers, discount coupons etc.
You may opt out at any time. Any and all Newsletter emails sent by Us include an unsubscribe link.
If you opt out of receiving emails from Us at any time, it may take a short time for Us to comply with your request. During that time, you may continue to receive emails from Us.
We may send you occasional marketing emails but only if we feel there is a legitimate interest.
Any and all marketing emails sent by Us include an unsubscribe link.
If you opt out of receiving marketing emails from Us at any time, it may take a short time for Us to comply with your request. During that time, you may continue to receive emails from Us.
The User’s email address will not be used for any other purposes other than described above or shared with any third party. The User can read more about our use of their data in our GDPR Policy.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us, see Clause 25 below.
24. Law & Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
25. Contacting Us
To contact Us, please use any of the methods provided on Our contact page at https://blue.farmgear.co.uk/contact-us/.
26. Forum Posts
An Account is required if you wish to submit Posts to Our Forum(s). Please refer to Clause 4 above for more information.
You agree that you will be solely responsible for your Posts. Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with Our Acceptable Usage Policy, detailed above in Clause 20.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under this Clause 26. You will be responsible for any loss or damage suffered by Us as a result of such breach.
You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein.
By submitting a Post, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting Our Site and Forum(s).
Other Users may also share your Posts within Our Site and otherwise in accordance with the provisions of Clause 5 above.
If you wish to remove a Post, you may do so. Your Post will be deleted, however due to the functionality of Our Site, any shares of your Post will remain.
Removing a Post also revokes the licence granted to Us to use that Post under this Clause 26.
Please note that caching or references to your Post(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
27. Other Important Terms
We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights hereunder without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Paid Listing, Advert or Post, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
In the unlikely event of a complaint please contact us, see Clause 25 above.
Alternatively, you can write to us at our address below:
Farmgear, The Old Vicarage, Church Close, Boston, Lincolnshire, PE21 6NA
These Terms and Conditions were last updated June 2023.
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