T&C

Please read these Terms and Conditions, which set forth the legally binding terms and conditions for your use of the services (the “Service”) offered by H&C Nig.Ltd. (“Heartandcapital” or the “Company”) and the website at heartandcapital.com. Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms & Conditions. These Terms & Conditions apply to all visitors, users and others who access or use the Service and all applicable laws and all conditions or policies referenced here (collectively, the “Terms & Conditions”) By accessing or using the Service you agree to be bound by these Terms & Conditions. If you disagree with any part of the terms then you may not access the Service and that the Company may use any information the Company obtains about you in accordance with the provisions of the Privacy Policy.

Summary of Service

H&C is an agribusiness company offering Investment products and services across the entire agricultural value chain. Here, Investors (proxy Farmers) can put in their capital and get returns on investment every year; according to the farming cycle of each product. 

Definitions

In these Terms & Conditions, we refer to users contributing funds as “proxy farmers.” Other users of the Service and visitors to the Site are referred to collectively as “Users.” Information about happenings and progress reports on the farms are referred to as “Updates”. A “Farming cycle” refers to a complete farming season from planting to harvest and sales.

Acceptance of Terms

The Service is offered subject to acceptance of all the terms and conditions contained in these Terms & Conditions and all other operating rules, policies, and procedures that may be published 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. These Terms & Conditions apply to every user of the Service. In addition, some services offered via the site may be subject to additional terms and conditions adopted by the Company. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms & Conditions by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms & Conditions from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms & Conditions periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms of Use will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

The Company 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.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms & Conditions, which may result in immediate termination of your account on our Service.

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

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Privacy

You confirm that you have read and understood the Company’s Privacy Policy which provides information on how we use and store the personal information that you provide to us and you further acknowledge that the Company may amend and update this policy from time to time.

Proxy Farming Terms

  1. The proxy Farmer will receive periodic Updates on the status of their farm by email. The Updates may also available in your account on the Website. You are expected to review all notifications, updates and reports from H&C as they represent a record of information pertaining to your contribution during a Farming cycle.
  2. You are entitled to request for a physical visit to the farm you are subscribed to, however, you must provide us with at least 2 weeks notice to schedule a visit.
  3. At the beginning of a Farming cycle, costs related to the lease of land for farming, seedling/livestock, fertilizers, maintenance costs, and the cost of supervision and administration are inclusive of investment capital.
  4. You agree that by investing in a farm, your capital is tied and unavailable for the a period of time until the opening at the 6th year for cashew proxy, capital is tied for the duration of the Farming cycle and heartandcapital can not refund your capital until the successful completion of a Farming cycle.
  5. Any profits from a successful Farming cycle of a proxy farm are remitted to the electronic wallet on the Platform when the produce is harvested and sold (i.e. upon completion of the Farming Cycle).
  6. At the end of a successful Farming cycle, you can decide whether to withdraw your funds from the electronic wallet on the Platform and transfer to a bank account you provide us with or to subscribe to another farm for a new Duration subject to that Farm’s terms & conditions.
  7. At the end of a farming cycle, the farmers Expected Returns is disbursed from any profits made during harvest.
  8. You acknowledge that you do not own any of the farms cultivated and are only entitled to your capital and/or a part of the proceeds of any Farming Duration you participate in.

Representations & Warranties

Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Platform or Services:

  1. You are over the age of 18 years.
  2. You are of sound mind and have the capacity to enter into these Terms & Conditions and to make investments.
  3. All personal information that you provide about yourself is accurate and true to the best of your knowledge;
  4. You hold a bank account in your own name and will use this account to transfer money to our account when you buy a farm and receive refunds of contributions made and profits earned;
  5. You understand that we may store your IP address information and may monitor your use of the Website in accordance with our cookie policy.
  6. You have carefully considered the risks involved with using the Website, the Services and being matched to a farm and also the risks associated with any form of cash investment.
  7. You will only ever invest with your own money unless you are authorized on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party.
  8. If you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization); and
  9. You are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of H&C Limited. The Service is protected by copyright, trademark, and other laws of The Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of H&C Nig.Ltd

User shall not directly or indirectly: (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; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. 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.

Links to other Websites

Our Service may contain links to Third-party web sites or services that are not owned or controlled by H&C.

H&C Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that H&C shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Farm Visitation 

A proxy farmer will give a 14 days notice to visit the cashew Plantation.

 

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms & Conditions.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Incase of termination by investor, the investment may not be refunded in the first three years of the investment as the investment sum would have been tied to farming and can only be refunded after this period.  The refund may be made thereafter, less 25% administrative charge.

Option to Sell

After a period of 6(Six) years into the investment period, the investor may give a 3 months notice to sell off his investment. H&C shall accordingly negotiate with the investor with a view to get favorable buyer to pay the investment sum and return on investment.  This option is open until the 10th year.

Insurance

Farm plots have been insured. Where H&C makes a claim under the insurance policy, and the insurance claim is settled by the insurance company, H&C Nig Ltd shall pass on the benefits of such claims to proxy farmers in the proportion of their investment capital in any affected Farm

Indemnity

Subject to paragraph 10 (Insurance) and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of a farm to yield according to expectations.

You agree to indemnify and hold harmless the Company, any farmer, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

  1. Your fraudulent or illegal use of the Platform, the Services or the Website;
  2. Your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are matched;
  3. Any inaccurate or incomplete information that you have knowingly provided to us;
  4. Your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
  5. Any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website;
  6. Any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.

Rights of third party 

An investor may transfer their investment rights thereto a third party , provided that such investor gives H&C one month’s notice of such intended transfer. H&C upon such notice shall request the third party to supply the relevant information, which shall be entered into the H&C Records.

Limitation of Liability

In no event shall H&C, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (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 obtained 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 set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without 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.

H&C, its subsidiaries, affiliates, and its 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 Federal Republic of Nigeria, without regard to its conflict of law provisions.

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 & Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes to Terms and Conditions

H&C reserves the right, in its sole discretion, to change the Terms under which heartandcapital.com is offered. The most current version of the Terms will supersede all previous versions. H&C encourages you to periodically review the Terms & Conditions to stay informed of our updates.

Contact Us

If you have any questions about these Terms & Conditions, please contact us at HERE