Hectare Agritech Terms and Conditions

Welcome to Hectare Agritech Limited, a company registered in England and Wales under company number 8285271 and with our registered office at Stansted Park, Rowland's Castle, Hampshire, PO9 6DX.

These terms and conditions and privacy policy (together the “Terms”) constitute a legally binding contract between you and Hectare Agritech Limited (“Hectare”).

Hectare operates agricultural trading portals sellmylivestock.co.uk (“SML”) and graindex.com (“Graindex”) and these Terms apply to your registration and use of these portals.

About the Services ("Services")

sellmylivestock.co.uk (“SML”) and graindex.com (“Graindex”) are websites that allow registered account holders (“Registered Users”) of the relevant site to buy and sell.

Our Services comprise of the provision of a listing service for the sale of either Livestock or Grain and a corresponding offer to purchase facility for Registered Users through the relevant website (the “SML Portal” or “SML Site” for Livestock or the “Graindex Portal” or “Graindex Site” for Grain or “Site” in respect of terms that apply to either SML or Graindex). We do not have possession of anything listed or sold through our websites and are not involved in the actual transaction between sellers and buyers. The contract for the sale is directly between the seller and buyer. We are not an agent.

By providing us with your information, registering an account with us and by accessing or using our Services you are accepting the following Terms.

About these terms and conditions (“Terms”)

These Terms govern your use of the SML or Graindex Sites respectively and your relationship with Hectare Agritceh Limited (“Hectare”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. In using either of the SML or Graindex Sites and registering to become a Registered User of the SML or Graindex Portal you are entering into a legally binding contract subject to these Terms between you and Hectare Agritech Limited. If you do not agree to these Terms, please do not register for or use either the SML or Graindex Site. If you have any questions on the Terms, please contact [email protected] or [email protected]

Primestock

If you are trading primestock then you need to download and view their specific terms by clicking here

Definitions

"Agreement" means these Terms
"Buyer" means any individual or business entity who is a Registered User who is buying Livestock through the SML Portal or Grain through the Graindex Portal.
"Fee" means a commission payment made by Registered Users in respect of a sales transaction.
"Grain" means combinable crops only.
"Listing" means the listing and information provided by Sellers in respect of the Livestock or Grain they are offering for sale through the relevant SML or Graindex Portal.
"Livestock" means cattle, sheep and/or pigs only.
"Seller" means any individual or business entity who is a Registered User who is selling Livestock through the SML Portal or Grain through the Graindex Portal.
"Subject to Contract" means subject to the conclusion or perfection of a legally binding contract which, for the avoidance of doubt and for the purposes of these Terms, means the Seller’s acceptance of the Buyer’s offer and any terms and conditions agreed between Seller and Buyer.
"Customer(s)" means individually or collectively, the Registered Users.
"Trading Information" means such information as may be provided by either Seller or Buyer in relation to their status, capacity to trade, Livestock or Grain being sold and bought and any other information exchanged between Seller and Buyer, whether such information is displayed in their listing on the Site or otherwise passed between Seller and Buyer.
"User Account" means the account signed up for and created by Registered Users
"User" means any person visiting or making use of the SML or Graindex Site, whether or not that person is also a Registered User.

These Terms are formed of three parts each of which relate to and govern your use of the site as well as any trading activity you engage in through the site and together form the contract between you and us:

Part A: General Terms of Use

  1. Use of the SML or Graindex Site
    1. The SML and Graindex Sites are provided to you for your personal or business use subject to these Terms. By using the SML or Graindex Site you agree to be bound by these Terms.
  2. Amendments to these terms
    1. We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of either Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the relevant Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use the relevant Site. If you continue to use the such Site after the date on which the change comes into effect, your use of that Site indicates your agreement to be bound by the new Terms.
  3. Registration
    1. To register on either Site you must be over eighteen years of age.
    2. You must ensure that the details provided by you on registration or at any time are correct and complete.
    3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively
    4. You are solely responsible for maintaining and updating your registration information and User Account.
    5. If you wish to cancel your registration and terminate this Agreement then you may do so at any time by providing written notice and/or using the cancellation process in your User Account.
  4. Password and Security
    1. When you register to use either Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] or [email protected] immediately.
    2. If Hectare has reason to believe that there is likely to be a breach of security or misuse of either Site, we may require you to change your password or we may suspend your account.
  5. Intellectual property
    1. The content of both Sites is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of a Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, noncommercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on either Site without written permission from Hectare.
    2. Hectare reserves to itself and is the owner of all proprietary information and data relating to its Registered Users (“Hectare Customer Data”) and you are expressly forbidden from procuring or attempting to procure, collect or make any use of Hectare Customer Data. The prohibitions contained in this clause 5.2 do not preclude you from being able to use data from either Site to contact other Customers for the purposes of conducting trade through the Site.
    3. In respect of any photographs or other pictorial or graphical material (“Materials”) you upload to either Site or provide to us you grant to us an irrevocable, perpetual license to retain, use and reuse such Materials at our sole discretion across any medium.
  6. Your use of the Site(s)
    1. You may not use the Site for any of the following purposes:
      1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
      2. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.
      3. placing incorrect, misleading, false or otherwise fraudulent offers, bids or trades and/or making any misrepresentations in relation to your identity, legal entitlement or capacity to trade;
      4. interfering with any other person's use or enjoyment of the SML Site; or
      5. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
    2. You will be responsible for any and all liabilities, whether direct, indirect or consequential arising out of your misuse of the Site and/or breach of this clause 6, including any losses or costs incurred by Hectare in relation to the same.
  7. Availability of the Site(s)
    1. Although we aim to offer you the best service possible, we make no promise that the services at either Site will meet your requirements. We cannot guarantee that the service will be faultfree. If a fault occurs in the service you should report it to [email protected] or [email protected] and we will attempt to correct the fault as soon as we reasonably can.
    2. Your access to either Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably
  8. Service charges
    1. These are as currently displayed on the respective Site.
  9. Your liability
    1. To the extent not otherwise set out in these Terms, you shall be liable for all your activity in relation to your User Account and use of the Site and you shall indemnify us to the fullest extent permitted by law for any and all losses, damage or claims whether direct, indirect or consequential arising out of your failure to comply with these Terms or otherwise.
    2. You are fully liable for your activity as Seller or Buyer and any and all liability arising between those Sellers or Buyers with whom you trade as a result of a Listing. You warrant that either as Seller or Buyer you have the capacity to trade and fully indemnify us against any and all claims that may arise from other Registered Users as a result of your failure to comply with these Terms or otherwise.
  10. Hectare's liability
    1. Except as expressly stated in these Terms, we have no liability in relation to any Registered User who has entered into a transaction together through the use of our Site. We do not make any representation nor give any warranties or undertakings in relation to the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
    2. We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or any special, indirect or consequential damages for any losses arising, directly or indirectly from:
      1. your use of or your inability to use our Service;
      2. use of or any reliance on any content displayed on our Website;
      3. delays or disruptions in our Services;
      4. viruses or other malicious software obtained by accessing, or linking to, our Service;
      5. glitches, bugs, errors or inaccuracies of any kind in our Service;
      6. damage to your hardware device from use of our Service;
      7. the information, content, actions or inactions of third parties, including items listed using our Service;
      8. a suspension or other action taken with respect to your account as a result of your breach of these Terms;
      9. the duration or manner in which your listings appear in search results; or
      10. your need to modify practices, content, or behaviour or your loss of, or inability to do business as a result of changes to these Terms.
    3. We cannot confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our Site.
    4. If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 100 Pounds Sterling (£100)
    5. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
  11. Disclaimer
    1. While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. We may make changes to the material on the Site at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
    2. The material on the Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Site.
  12. Third Party Websites
    1. As a convenience to Users and Customers, the SML and Graindex Site include or may include links to other web sites or material which are beyond its control. Hectare is not responsible for content on any site outside the Sites.
  13. Applicable Law
    1. These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
  14. International Use
    1. The SML Site is designed and provided solely for use within the United Kingdom. We make no promise that materials on either Site are appropriate or available for use in locations outside the United Kingdom, and accessing either Site from territories where its contents or conducting trade through its services are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Hectare disclaims any and all liability for any use of either Site or Services from outside the United Kingdom.
  15. Miscellaneous
    1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
    2. If you breach these Terms and Hectare chooses to ignore this, Hectare will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
    3. Hectare shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
    4. To the extent not otherwise provided on the Site, all notices (“Notices”) to us under this Agreement shall be in writing and sent to Hectare Agritceh Limited, Stansted Park, Rowland's Castle, Hampshire PO9 6DX. All Notices we send to you shall be sent via email to the email address you provided on registration.
    5. If any part of these Terms is determined, by court or a relevant authority, to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.
    6. This Agreement is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise
    7. These Terms and any other policies referred to form the entire agreement between you and us concerning the use of our Service and supersede all previous agreements. No agency, partnership, joint venture, employer-employee, franchise-franchisee is intended or created by this Agreement
  16. Termination
    1. If and to the extent that you breach any of these Terms we shall have the right to immediately suspend or terminate your registration, use and access to the Site.
    2. If you wish to terminate this Agreement then you may do so by cancelling your registration in accordance with Part A, clause 3.5 above.
  17. Part B: Terms of Trading

  18. Use of Service
    1. Use of the SML or Graindex Portal is reserved to and only available for Registered Users
    2. Hectare does not conduct or provide any verification system in respect of Registered Users and provides no warranty in respect of the accuracy, identity or legal capacity of any Registered Users and Hectare specifically disclaims any and all liability in respect of the same. You acknowledge and agree that in using the Services, you accept the aforementioned and it is your responsibility to satisfy yourself as to the identity, authenticity and reliability of any information or Trading Information provided by Registered Users.
  19. Obligations of Registered Users
    1. As a Registered User you warrant you have the consent and authority to register as an account holder on behalf of yourself, or if employed as employee or agent for another third party or organisation, you have the authority to trade on behalf of such third party or organisation and, to the extent applicable, to provide the required details under the Electronic Commerce (EC Directive) Regulations 2002.
    2. You agree and warrant that you have provided and shall provide true, accurate and complete information as prompted by the User Account registration form and you agree to maintain and promptly update your User Account details and information to ensure they are true, accurate, current and complete at all times. You shall be solely liable for any losses, damage or claims arising out of your failure to provide and maintain accurate details or information.
    3. If you provide any information that is not true, complete or current or we suspect that such information is not true or accurate, we have the right to terminate or suspend your account.
    4. As per Part A, clause 4 above, your user identification and password is confidential. It is your responsibility to keep this information confidential and not disclose this to anyone.
    5. You agree to immediately notify us if you know or suspect your User Account is being used without your authority. We will not be liable for any loss any unauthorised user incurs in connection with your User Account.
  20. Warranties and Obligations of Sellers
    1. Any Listing you place must be for the sale of either Livestock or Grain.
    2. You are legally able to sell the Livestock or Grain, as you are the legal owner or you have obtained authority from the legal owner to sell.
    3. You will comply with good industry practice and any other statutory requirements in relation to selling Livestock or Grain respectively.
    4. In relation to the Listing of Livestock you specifically warrant that:
      1. the Livestock you sell are free from any kind of disease;
      2. any cattle you sell through the SML Site have been registered with the Department for Environment, Food and Rural Affairs (“Defra”), have two physical ear tags (one in each ear) and a cattle passport;
      3. your farm has a valid County Parish Holding (“CPH”) number;
      4. you have authority from the veterinary practice of the Livestock to provide their details on any listing; and you shall indemnify both Buyer and Hectare against any breach of the above warranty obligations.
    5. You are solely responsible for the content and accuracy of any Listing you place on the SML or Graindex Portal. If we suspect the content of your Listing is misleading or inaccurate, we may remove your Listing without notice.
    6. Any Listing you make will be valid until you secure a Buyer and conclude a sale and/or remove such listing.
    7. Any resulting transaction between Seller and Buyer will be subject to such terms and conditions as may be agreed between Seller and Buyer.
    8. Until a price and sale is confirmed between Seller and Buyer any offers shall be Subject to Contract and all contractual responsibility and liability arising out of any offers and acceptances shall arise and exist solely as between Seller and Buyer. For the avoidance of doubt, Hectare is not a party to any contract between Seller and Buyer and has and disclaims any and all liability in respect of the same.
    9. Each offer you accept places you in a legally binding contract with the Buyer to the extent that upon acceptance of such offer you expressly acknowledge and agree that the acceptance of such offer and any contractual terms agreed between you and the Buyer shall constitute the contract between you and the Buyer and you shall therefore be obliged to supply the goods your have offered for sale to the Buyer in accordance with such terms and conditions.
  21. Obligations of Buyers
    1. When placing an offer, the Buyer will agree with the Seller any or such terms and conditions that you wish to apply to the transaction.
    2. You warrant to us and the Seller that:
      1. You will pay for any offers accepted by the Seller as directed by the Seller;
      2. You have the capacity to enter into a legally binding contract with any Seller.
    3. Each offer you make places you in a legally binding contract with the Seller to the extent that upon acceptance of such offer you expressly acknowledge and agree that the acceptance of your offer and any or such contractual terms as you may have agreed with the Seller shall constitute perfection of the contract between you and the Seller and you shall therefore be obliged to pay the Seller in accordance with such terms and conditions. For the avoidance of doubt, SML is are not party to any contract between you and any Seller and disclaims any and all liability in respect of the same.
    4. On making an offer you will be deemed to have full knowledge of the listing of the Livestock or Grain (as applicable) and all information concerning the Livestock or Grain derived from it.
    5. If your User Account has been suspended or terminated by us for whatever reason, you are not permitted to use a different registered account to place any offer.
  22. Payment and Exchange of Goods
    1. Payment and payment terms shall be as set out in the Seller’s terms or as otherwise agreed between Seller and Buyer. The Buyer agrees to pay the Seller in accordance with such terms. The Seller and Buyer shall agree the process for exchange of goods. For the avoidance of doubt, Hectare shall have no involvement, responsibility or liability in respect of payment or exchange of goods and these shall be solely as agreed between Seller and Buyer. Hectare expressly disclaims any and all liability in respect of the same.
  23. Part C: Privacy and Data Protection

    General

    The following terms comprise part of the Terms of this Agreement and set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Personal data is and shall at all times be subject to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the UK Data Protection Act 1998.

    Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting and/or using and/or registering with Hectare or any of our sites (currently Sell My Livestock “SML”, Graindex or Farmpay) you acknowledge and confirm that you are accepting and consenting to the practices described in this policy.

    The data controller is Hectare Agritech Limited with our registered office at Stansted House, Rowland’s Castle, Hampshire, PO9 6DX. UK ICO Data Protection Registration Number ZA164791.

  24. Information we may collect from you
    1. We have to have a legitimate basis for any data we collect from you. The following sets out the data we may collect and process the following data about you:
      1. Information you give us. You may give us information about yourself or business by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use any of our Sites, use our service and when you report a problem with our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
      2. Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

        (a) Technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform messages you send or receive using the messaging functionality on any of our platforms or systems;

        (b) Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse- overs), and methods used to browse away from the page and any phone number used to call our customer service number.

        (c) Information we receive from other sources. We may receive information about you or your Livestock, Working Dogs, Feed and Bedding, Genetics or Grain from other sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you or your Livestock or Grain from them.
  25. Cookies
    1. Our Sites uses 2 cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our Site, which helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Site when they are using it. This helps us to improve the way our Site works, for example by ensuring that users are finding what they are looking for easily. You are free to decline cookies if your browser permits, however it may prevent you from using certain features on our Site.
  26. Uses made of the information
    1. Information you give to us. We will use this information:
      1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
      2. to notify you about changes to our service;
      3. to ensure that content from our Site is presented in the most effective manner for you and for your computer.
    2. Information we collect about you. We will use this information:
      1. to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
      2. to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
      3. to allow you to participate in interactive features of our service, when you choose to do so;
      4. as part of our efforts to keep our Site safe and secure;
      5. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  27. Disclosure of your information
    1. We may share your information with selected third parties including:
      1. Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
      2. Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others
      3. Analytics and search engine providers that assist us in the improvement and optimisation of our site.
    2. We may disclose your personal information to third parties:
      1. To obtain certain necessary information about your Livestock, Working Dogs, Feed and Bedding, Genetics and to comply with any applicable laws, regulations or other industry practices in relation to the trading in any of the same.
      2. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
      3. If Hectare Agritech Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
      4. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Hectare Agritech Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  28. Where we store your personal data
    1. The data that we collect from you may be transferred to, and stored at Fasthosts Internet Limited (or such other provider as we may use from time to time). By submitting your personal data, you agree to the storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
    2. Your password enables you to access certain parts of our Site. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  29. Your rights
    1. You have 8 specific rights under the GDPR rules in relation to your data:
      1. the right to be informed - which is the purpose of this policy;
      2. the right of access to your data - should you wish to have access then you can send us an access request which we will promptly respond to;
      3. the right to rectification - if you think that any of the data we hold about you is incorrect you can ask us to correct it;
      4. the right to erase data - if you wish us to delete the data we hold you can ask us to do so and, subject to any regulatory retention requirements, we will do so;
      5. the right to restrict what data we process - you can ask us not to process data. But do be aware that certain data may be required in order to provide you with our services;
      6. the right to portability - you can ask us to transfer your data to someone else;
      7. the right to object to our processing your data - we will review any objections but we may need to process certain data in order to provide our services;
      8. rights relating to automated decisions - this does not currently apply to the services we provide.
  30. Consent
    1. From the 25 May 2018 we have to obtain your active consent to obtain, process, hold and use your data. We do this as part of the process when you sign up to any of our services. This Privacy Policy forms part of the Terms & Conditions you have signed or will sign up to.
    2. If you change your mind or wish to withdraw consent at any time you can do so either by using the preferences on our Sites or email us at either of [email protected] or [email protected]
  31. Access to information
    1. The GDPR rules and the (UK) Data Protection Act 1998 (the”Act”) give you the right to access information held about you. We will promptly respond to any such request within the GDPR timescales.
  32. Changes to our privacy policy
    1. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
  33. Data Protection Officer
    1. If you wish or need to contact our Data Protection Officer with any query or request you can do so at [email protected]