Terms of Use

 

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. User Eligibility

The Website is provided by FARMAD COMPANY LIMITED (“FARMAD”) and available only to entities and persons over the age of legal majority who can form a legally binding agreement(s) under applicable law. If you do not qualify, You are not permitted to use the Website.

Back to the top

2. Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate written agreement (hard copy or soft copy via email. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website [“Service Agreement(s)”]. 

Back to the top

3. Modifications

FARMAD may update or revise these Terms of Use at any time, without prior notice. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of FARMAD. FARMAD may also change or impose fees for products and services provided through the Website at any time in its sole discretion. FARMAD may establish or change, at any time, general practices and limits concerning other FARMAD products and services in its sole discretion.

Back to the top

4. FARMAD Service Terms and Conditions

The service terms and conditions of FARMAD (the “FARMAD Service Terms and Conditions”) applicable to the transportation and related services provided by FARMAD govern Your use of such FARMAD transportation and related services obtained through this Website, in addition to any other terms and conditions that may apply to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The FARMAD Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the FARMAD Service Terms and Conditions.

Back to the top

5. License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of FARMAD, its affiliates, or third parties. The Content is protected by copyright and other laws in both the Islamic Republic of Iran and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade dress (“Marks”) of FARMAD, its affiliates, or other entities that have granted FARMAD the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of FARMAD. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without FARMAD’s or the appropriate third party’s prior written permission. Except as expressly provided herein, FARMAD does not grant to You any express or implied rights to FARMAD’s or any third party’s Intellectual Property.

FARMAD grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by FARMAD, and (b) access and use the FARMAD computer and network services offered within the Website (the “FARMAD Systems”) only in the manner expressly permitted by FARMAD. Except for this limited license, FARMAD does not convey any interest in or to the FARMAD Systems, information or data available via the FARMAD Systems (the “Information”), Content, Services, Website, or any other FARMAD property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of FARMAD. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way unless expressly permitted to do so by FARMAD.

Back to the top

6. Information Submitted Through the Website and the Services

Your submission of information through the Website and the Services is governed by these terms of Use.  You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete and that You will maintain and update such information as needed.

With respect to any individual whose personal information is provided by You to FARMAD through the Website and the Services, You represent to FARMAD that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.

Back to the top

7. Restrictions on Use of the Website

In addition to other restrictions outlined in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Website.

(b) You will not place false or misleading information on the Website.

(c) You will not use or access any service, information, application, or software available via the Website in a manner not expressly permitted by FARMAD.

(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another. FARMAD will not be liable for any damage resulting from a computer virus. Nor will it be liable for any damage resulting from unauthorized access by any third party to any information, data, or access code contained in this website.

(e) Certain areas of the Website are restricted to customers of FARMAD.

(f) You may not use or access the Website or the FARMAD Systems or Services in any way that, in FARMAD’s judgment, adversely affects the performance or function of the FARMAD Systems, Services or the Website or interferes with the ability of authorized parties to access the FARMAD Systems, Services or the Website.

(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of FARMAD.

Back to the top

8. Access to Shipping Related Systems and Information through the Website

Your use and access of the Shipping Related Systems and Information are subject to the following terms:

(a)  The “Shipping Related Systems” are comprised of the FARMAD Systems which will be used to provide tracking, time in transit, FARMAD locations, address validation, and other functions and information related to the shipment of containers via FARMAD. The Shipping Related Systems and Information gained from such systems (“Shipping Information”) are to be used by You solely in connection with containers shipped by or to You or on Your behalf and for no other purpose. 

(b)  The Shipping Related Systems and Shipping Information are the private property of FARMAD.  FARMAD authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to FARMAD for delivery and no other purpose.  Without limitation, You are not authorized to make the Shipping Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of FARMAD.  This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable.  Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

(c)  Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality is expressly prohibited.

Back to the top

9. Submissions

FARMAD does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”).  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) FARMAD and its affiliates are under no obligation to keep such information confidential, and (c) FARMAD will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses. 

Back to the top

10. Links

(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by FARMAD of the content on such Linked Sites. FARMAD makes no representations or warranties regarding the correctness, accuracy, performance, or quality of any content, software, service or application found at any Linked Site. FARMAD is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

(b) Inbound Links. Linking to any page of the Website other than to https://www.farmad.co through a plain text link is strictly prohibited in the absence of a separate linking agreement with FARMAD. Any website or other device that links to https://www.farmad.co or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that FARMAD or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with FARMAD or any of its affiliates, (e) presenting false information about FARMAD products or services, and (f) using any logo or mark of FARMAD or any of its affiliates without express written permission from FARMAD.

Back to the top

11. Termination

You agree that FARMAD, in its sole discretion, may terminate or suspend Your use of the Website, the FARMAD Systems (when they are in place and operative), Information, Services, and Content at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content.  Accessing the Website, the FARMAD Systems, Information, or Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that FARMAD shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the FARMAD Systems, Information, and/or the Services.

Back to the top

12. Disclaimer of Warranties

FARMAD MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE FARMAD SYSTEMS, THE SERVICES, THE INFORMATION, OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, THE FARMAD SYSTEMS, THE INFORMATION, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  FARMAD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  FARMAD AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE FARMAD SYSTEMS.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY FARMAD IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Back to the top

13. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT FARMAD IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, FARMAD IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FARMAD, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS, ITS AGENTS, OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE FARMAD SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FARMAD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

Back to the top

14. Compliance with Law Including Export Control

You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of FARMAD, negatively reflect on the goodwill or reputation of FARMAD and shall take no actions which would cause FARMAD to violate any laws, rulings or regulations applicable to FARMAD.

FARMAD and the Website are based in the Islamic Republic of Iran.  The Islamic Republic of Iran and certain other jurisdictions control the export of products and information.  You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the Islamic Republic of Iran or other applicable export control laws or regulations.  If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited.  You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

Back to the top

15. Forward-looking Statements

Except for historical information contained herein, the statements made in this Website constitute forward-looking statements. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief, or current expectations of FARMAD and its management regarding the company’s strategic directions, prospects, and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects such as strikes, work stoppages and slowdowns, governmental regulation, increases in shipping and fuel prices, cyclical and seasonal fluctuations in our operating results, Covid-19 Pandemic,  and other risks discussed in the company’s filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.

Back to the top

16. Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE FARMAD SYSTEMS, INFORMATION, SERVICES, AND CONTENT SHALL BE INSTITUTED IN A COURT SITTING IN THE ISLAMIC REPUBLIC OF IRAN OR ANY OTHER JURISDICTION AS PER FARMAD’S CHOICE AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR THE JURISDICTION OF ANY SUCH PROCEEDING.  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE FARMAD SYSTEMS, INFORMATION, SERVICES, AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Back to the top

17. Governing Law and Language

To the fullest extent permitted by law, these Terms of Use are governed by either the internal substantive laws of the Islamic Republic of Iran or other countries – as per FARMAD’S choice. To the fullest extent permitted by law, the controlling language for these Terms of Use is Persian in Iran and English in other countries chosen by FARMAD. Official translation from English into Persian or vice-versa may be required in certain cases, whenever needed.

Back to the top

18. General

You may not assign these Terms of Use or any of Your interests, rights, or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Back to the top

19. Written Document

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

Back to the top

20. Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT – SOFT OR HARD COPY- BETWEEN YOU AND FARMAD OR IN THE APPLICABLE FRAMAD RATE AND SERVICE GUIDE OR FARMAD TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND FARMAD WITH RESPECT TO THE USE OF THE WEBSITE, THE FARMAD SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION, AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF. 

Back to the top

21. Customer Service

Questions or comments regarding the Website may be submitted to FARMAD Customer Service.

Back to the top