FARMERHOOD WEBSITE TERMS OF USE
Welcome to Farmerhood.org, a website of the Farmerhood charity project (hereinafter, the Website).
This Website includes sections that are accessible to all visitors, and password-protected sections that may be accessed only by Farmerhood account owners (hereinafter, the Users). These Terms of Use (hereinafter, the Policy) govern the use of the Website and apply both to the public and to the password-protected sections of this Website. The main administrator of the Website is the DAR Charitable Foundation (EDRPOU code 34691861). Data provided by Users will be processed by the DAR Charitable Foundation and the founding partners of the Farmerhood project specified in the Farmerhood Project Memorandum, which is available at the following link: https://farmerhood.org/index.php/uk/memorandum-en.
1. DEFINITIONS
1.1. Authorization: the process of verification (confirming) the User's rights (the right to use the Website, its Content, Database, etc.) in accordance with the Policy terms by entering the Personal Data (password, login, etc.) specified by the User during Registration.
1.2. Content: information content of the Website, including, but not limited to, texts, photographs, images, trademarks, audiovisual works, computer databases, documents, translations, articles, and other copyright items.
1.3. User: a legally capable person who accepts the terms of this Policy on his/her own behalf or on behalf of a legal entity he/she represents.
1.4. Personal account: a personal section of the Website to which the User gets access after registration and (or) authorization on the Website. The personal account is intended for storing the User's personal data, viewing and managing the available functionality of the Website.
1.5. Personal data: information or the totality of information about a person that can be specifically identified and provided by the User upon registration on the Website.
1.6. Registration: provision by the User of personal data, as well as all necessary details in accordance with the user interface requirements in the process of creating a new Personal Account.
1.7. Website: an automated information system consisting of a set of software (program codes executed on, without limitation, a computer or otherwise), Database and Content posted by Farmerhood and (or) the User, available on the Internet at: https://app.farmerhood.org .
1.8. This Policy may also contain other terms and definitions not specified hereinabove. Such terms and definitions should be interpreted in line with the content of the Policy. If the Policy contains no unambiguous interpretation of definitions, they shall be interpreted in accordance with applicable legislation of Ukraine, normal business practice and academic principles.
2. GENERAL TERMS AND CONDITIONS
2.1. The Policy is deemed to be accepted once the User consents to its terms and conditions.
2.2. The User’s consent means his/her registration and (or) authorization on the Website and (or) any use of the Website and its functionality. If any of these actions take place, the Policy shall be deemed to be accepted by the User.
2.3. The Policy may be amended by the Farmerhood project’s founding partners without any prior notice. New version of the Policy comes into effect once it is posted on the Website.
2.4. The User must review and consult this Policy on a regular basis. The continued use of the Website as provided for in clause 2.2 of this Policy implies the User's acceptance of any changes to the Policy.
3. REGISTRATION
3.1. User registration on the Website is free of charge.
3.2. Upon registration, the User must complete a registration form and specify his/her Personal data, including name, phone number, email address, create his/her own login and password to access his/her Personal account. The User undertakes to provide a reliable and complete information about himself/herself in the registration form and to keep such information up to date.
3.3. By specifying his/her e-mail address, login, password the User confirms that he/she has access thereto, otherwise the User’s access to the Website and its functionality will be limited.
3.4. The data provided by the User are verified by the Website administrator jointly with the Farmerhood project’s founding partners at the time of such User’s registration on the Website and whenever such User applies for assistance.
3.5. The User’s Personal account created on the Website after registration enables access to the most part of the Website’s functionalities and the enriched Content.
4. INTELLECTUAL PROPERTY
4.1. All Content available to the User on the Website is subject to the exclusive intellectual property rights of the founding partners of the Farmerhood project, unless otherwise stated in the Content.
4.2. The User undertakes not to violate any intellectual property rights of the founding partners of the Farmerhood project and any third parties.
4.3. Any use of the Website Content in any manner and for any purposes is allowed only with the prior written consent of the founding partners of the Farmerhood project or the Website administrator.
4.4. If the User has obtained the consent of the Farmerhood project’s founding partners or the Website administrator to the use of the Content under clause 4.3 of this Policy, the User may place, publish, distribute, or otherwise use the Content, subject always to the following requirements:
a) any Website material used by the User must be accompanied with a direct hyperlink to the original webpage containing such Website material (the hyperlink must be placed in the first paragraph of the material used by the User);
b) the User must specify the name(s) of the author(s) of the material (if specified on the Website) and the date of its publication on the Website.
4.5. Upon registration on the Website and completion of a questionnaire to support the User's application for assistance, including publication of personal history, photos and other textual, visual and graphical data, the User grants the Farmerhood project’s founding partners and the Website administrator a non-exclusive, worldwide, and free license to distribute the same in whole or in part with a view to posting on the project’s Website, social media, and the Internet.
5. PERSONAL DATA PROTECTION
5.1. The founding partners of the Farmerhood project and the Website administrator shall take all necessary measures to protect personal data from unauthorized access, unauthorized use or disclosure, unauthorized change or deletion, or accidental loss.
5.2. By providing his/her Personal data, the User consents to the processing and use of his/her Personal data by the Farmerhood project’s founding partners and the Website administrator for the purposes specified in the Policy. The User may withdraw his/her consent subject to notification as provided for in clause 5.3 of this Policy.
5.3. If the User does not want his/her Personal data to be processed, he/she must send a free-form written application to the Website administrator in accordance with the procedure provided for in clause 8.1 of this Policy. Such being the case, all information received from the User shall be deleted from the Website database.
5.4. Farmerhood undertakes to ensure a secure data processing by implementing appropriate technical and organizational measures aimed at maintaining an adequate security level in compliance with the Policy, Ukrainian data protection laws, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (GDPR), to the extent applicable to the data subjects concerned.
5.5. The founding partners of the Farmerhood project and the Website administrator undertake to process and transfer the data that is to be processed solely between the founding partners of the Farmerhood project and the Website administrator.
5.6. The founding partners of the Farmerhood project and the Website administrator undertake not to transfer to third parties any data provided by Users upon registration and authorization in a raw form, i.e., in a form that allows identification of individual Users. Data may be transferred only in a depersonalized, aggregated, and statistical format, which makes it impossible to identify any individual User of the Website. This does not apply to User information posted by the User on the Website specifically for the purpose of publishing his/her application for charitable assistance (such being the case, selected personal data marked by the User as permitted for publication may be published on the Website or in the manner provided for in clause 4.3 of this Policy).
5.7. The founding partners of the Farmerhood project and the Website administrator confirm that the Users' data will not be used, disclosed, or provided without the Users' written consent for any purposes other than the implementation of the project, except when disclosure of information is required by law.
6. RESPONSIBILITY
6.1. The User is responsible for his/her own actions in connection with the creation and publication of information in his/her Personal Account and on the Website in accordance with applicable laws of Ukraine. The User shall bear civil, administrative, and criminal liability for violation of this Policy and applicable laws of Ukraine.
6.2. The founding partners of the Farmerhood project and the Website administrator shall not be held liable for violation of this Policy by the User. The founding partners of the Farmerhood project and the Website administrator reserve the right, at their own discretion, and in case of third-party information about a violation of this Policy by the User, to change (moderate) or delete any information published by the User, and/or to terminate, restrict access to, or delete the User's Personal account
6.3. The User shall be solely responsible for the compliance of the information/content posted by him/her on the Website with the requirements of applicable laws, including third party liability, where such information or content violates the rights and lawful interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and/or encroaches on their intangible assets.
6.4. The founding partners of the Farmerhood project and the Website administrator shall not be responsible for preliminary verification of any information posted and (or) distributed by the User. The User understands and agrees that he/she must, at his/her sole and absolute discretion, assess all risks associated with the posting and distribution of such information, including the assessment of reliability, completeness, and relevancy thereof.
6.5. In case of any third party claims regarding the violation, by a certain User, of any property and (or) personal non-property rights of third parties, of prohibitions or restrictions established by the legislation, such User shall settle such claims on his/her own and at his own expense.
7. GOVERNING LAW
7.1. This Policy shall be governed by applicable laws of Ukraine. All claims or disputes arising from or in connection with this Policy shall be referred to the appropriate court in accordance with applicable laws of Ukraine.
8. OUR CONTACTS
8.1. The User may send any suggestions, complaints or questions regarding this Policy or the Website use to the support service at: farmerhood.ua@gmail.com