These general conditions apply when Farmers First AB org. no. 559221-4059 (Farmers First), or another company within the same group, provides companies with one or more digital services and functions, including but not limited to functionality for maintenance of implements and machines, e-commerce as well as support and information connected to these processes. Collectively, the offer is called the Service. A User who chooses to register to use the Service undertakes at the same time to comply with these general terms and conditions and any other rules and instructions that Farmers First publishes from time to time via the Service. A User is also obliged to observe applicable laws, regulations and authority decisions when using the Service.
2. The Service
2.1 Registration
Users order the Service by applying to register an account with Farmers First.
- A representative of a company can register as a customer with Farmers First on the website. Registration requires e-identification and that you have an officially registered function/position for the company.
- When a company is registered, representatives of the company can invite more users. It is also possible to post tools, machines and other objects that are to be included in the maintenance. Purchases of products in e-commerce can be made according to the powers given to each user when they are added by the representative of the company. It is the representative of the company who is responsible for inviting new users and terminating/removing the users who should no longer be able to use the functionality on behalf of the company.
- All actions regarding the company, addition of users, changes to company details, etc., are stored in a log for the company to ensure control and follow-up.
- When a company invites more users, it is required that the User register for the Service. The user is then automatically linked to the company with the authorization specified at the time of the invitation. When a user registers, login credentials are created that are used for the Service. An already registered user can be linked to a company without registering again.
- Agreement on the Service shall be deemed to have been entered into between the User and Farmers First when the registration has been completed and approved.
2.2 Access
Access to the Service requires access to the internet. It is the User's responsibility to ensure and pay for access to the internet. Login to the Service is done in a browser or in the Farmers First app, depending on which functions in the Service are to be used. Implementation of implement and machine maintenance takes place in the app available for Android and iOS. Other functions are performed in a browser on a phone, tablet or computer. The User needs to ensure that an updated version of the app is used, and that the User has an updated version of their browser. Some browsers have a different functionality, but the most common browsers on the respective operating systems work normally. If problems arise, error reporting should be done with Chrome for Android and PC, and Safari for Apple computers, iPhone/iPad.
2.3 Maintenance Functionality
The service contains functionality to efficiently manage the ongoing maintenance of tools, machines and equipment. The maintenance plan is built by the user to suit the use, age and conditions of the maintenance object. There are different authorizations in the system and the right authorization is required to, e.g. create and modify a maintenance plan.
2.4 Purchase
It is free of charge to register for the Service and to create Users. Purchases occur in the Service. The terms applicable to the Service for billing the use of the maintenance functionality apply according to what is communicated in the Service. One of the billing models is the number of maintenance items. It is the representative of the company that uses the Service who is responsible for which maintenance items are posted, and thus for the correctness of the billing documentation.
The service also allows for other purchases from Farmers First. Purchase requires proper authorization. It is representatives of the company who are responsible for which users are given sufficient authorization to make purchases. Purchases made by someone with the right authorization are binding. Purchases may be verified with the support of an ID document or BankID.
2.5 Uploads
It is possible to upload digital documents and images to the service, e.g. documentation relating to a tool or a machine and pictures of completed maintenance. It is the User who is responsible for ensuring that the information and documents and images uploaded to the service do not conflict with applicable legislation (that one has the right to use the information.). The user may also not use the service in such a way that Farmers First or others suffer inconvenience or damage. Users may therefore not use the Service to handle digital documents such as e.g. infringes the rights of third parties or documents and images that may be perceived as offensive. (E.g. petitions with hateful, threatening or pornographic content, or which incite acts of violence or incitement against a group of people.)
2.6 Security, Encryption and Storage
In order to manage the entire life cycle of tools and machines effectively, information needs to be stored in a system. Farmers First saves the information entered in order to offer efficient functionality. The information is protected with market-leading functions for login, encryption and storage. A customer's information is only available to Farmers First, the company and the users to whom the representative of a business has chosen to grant access. Farmers First neither sells nor shares information with other parties.
2.7 Farmers First's communication with Users
Farmers First communicates with Users via e.g. e-mail, SMS and push notifications. This applies to invitations to a new user to use the service, on behalf of another user, and information about status and reminders. Some of the communication can be adapted by the User to best support the business in question.
2.8 Storage
Content of the Service, such as maintenance plans with documentation and transaction history of machines, spare parts, accessories and consumables, is stored for as long as the User has an account with Farmers First. Upon closing an account with Farmers First, all information is deleted with the exception of the information that must be stored for legal reasons. (E.g. the Accounting Act which requires business transactions to be stored for a certain period of time.)
3. Change in the Service
Farmers First has the right to make changes to the Service at any time. Farmers First reserves the right to continually develop, expand, restrict or otherwise change the Service's design, technical functions, systems, technical conditions for accessing the Service and other components as well as the terms and conditions for these. In line with the name Farmers First, this type of change is made with great care for the customer/user.
4. Availability
The service is normally available 24 hours a day, seven (7) days a week, all year round. However, Farmers First does not guarantee and is not responsible that the Service is free of any errors, delays and/or interruptions. Farmers First reserves the right to temporarily suspend the provision of the Service at any time for servicing purposes, e.g. bug fixes, maintenance and upgrades.
5. The user's responsibility for accessing the Service, etc.
The user is responsible for:
- To have and pay for the necessary connections and equipment for the Service, i.a. a working Internet connection and digital devices, app and browser that are up-to-date and enable access to the Service.
- The correctness of the information provided in connection with registration and use of the Service.
- To continuously update their contact details.
- That personal and user-specific information such as user identity and password or other documents, certificates or devices that can be used to access the Service are stored in a safe manner and are not used by or disclosed to anyone unauthorized. If a User suspects that such information has come into the hands of someone unauthorized or is otherwise being misused, the User is obliged to immediately take action to limit access to the Service and inform Farmers First of the situation.
6. The user's responsibility for use of the Service
Users are responsible for activities undertaken in the Service. Representatives of a company are responsible for ensuring that it is the right User at each time who has been given the appropriate authorization. Users are thus responsible for, among other things, for any transfer of information and digital documents and images taken by the User within the scope of the Service. The User is responsible for ensuring that the digital documents and images that the User saves in the Service do not conflict with applicable legislation. Users may not use the Service in such a way that Farmers First or others suffer inconvenience or damage.
Users can thus e.g. not via the Service handle digital documents that infringe third party rights or that can be perceived as offensive or irritating such as e.g. representations with hateful, threatening or pornographic content or which incite acts of violence or incitement against a group of people. If Farmers First suspects that a User is using the Service in violation of this section, Farmers First has the right, without prior notice to the User, to delete and/or prevent the User from transmitting information and/or digital documents, as well as the right to shut down the Service for the User and terminate the Agreement with the User with immediate effect, see further section 10.2 below.
7. Processing of personal data
If you want to know how Farmers First processes your personal data when you use the Service, read here.
8. Liability and limitations of liability
Farmers First is responsible for information security in the Service. Farmers First is not responsible for any damages that arise due to the User providing incorrect information during registration, due to the User's incorrect handling of the Service or due to the User's incorrect handling of the information required to access the Service.
Farmers First only compensates Users for substantiated and reasonable costs incurred as a direct result of negligence on the part of Farmers First. However, Farmers First does not compensate Users for indirect costs, damages or losses, such as e.g. loss of profit or other consequential damages, unless Farmers First has acted intentionally or grossly negligently.
Regardless of what is stated above, Farmers First's total compensation obligation towards a User during each twelve-month period is limited to an amount corresponding to one quarter (25%) of the price base amount applicable at any time according to the Social Insurance Code (2010:110). Users are obliged to submit claims for compensation to Farmers First within three (3) months after the damage is discovered or should have been discovered. If a User does not do this, the User loses the right to enforce the claim.
9. Force majeure
Farmers First is released from any liability or other liability if damage or failure to act is due to an obstacle beyond Farmers First's control which Farmers First could not reasonably have been expected to anticipate and the consequences of which Farmers First could not reasonably have avoided or overcome, including but not limited to e.g. war, natural disasters, lockout or other labor dispute, fire, interruption of energy supply, as well as interruption in the operation of electronic data processing caused by the above. The same applies if a subcontractor to Farmers First suffers from obstacles referred to in this section.
10. Suspension and termination of the Service
10.1 User's rights
A User has the right to terminate the Agreement at any time by sending a written request to Farmers First that the User wishes to deregister their account. For Business Users, it is the Company Signatory who has the right to terminate the Agreement on behalf of the Business User.
10.2 Rights of Farmers First
Farmers First has the right, by written notification to the User, to terminate the Service for a User, in whole or in part, and to terminate the Agreement with immediate effect if the User violates his obligations under the Agreement or against the constitution, authority decision or given instructions.
Farmers First further has the right, by written notification to the User, to terminate the Service for a User, in whole or in part, and to terminate the Agreement with three (3) months' notice.
Farmers First also has the right to, in whole or in part, terminate the Service for a User and terminate the Agreement without observing a notice period if the User has not used the Service for a period of one (1) year.
10.3 Death
In the event of death, Farmers First reserves the right to terminate the Service and delete the data in the Service for the deceased User after fifteen (15) months from the date of death.
11. Privacy
Farmers First must observe confidentiality regarding information handled via the Service and may not improperly obtain access to content or disclose such information to unauthorized persons. However, Farmers First reserves the right to disclose information that Farmers First is required to disclose or disclose by law.
12. Intellectual Property Rights
All rights, including but not limited to all intellectual property rights, to the Service including the technical solution and any content therein provided by Farmers First belong to Farmers First or its rights holders and are protected by law.
13. Terms changes
Farmers First reserves the right to change and/or add to these general terms and conditions at any time. Changes to terms must be notified to Users in a manner decided by Farmers First no later than thirty (30) days before the change takes effect. However, Farmers First always has the right to immediately make such changes and additions as are prompted by law, regulation or authority decision. If changes and additions are not approved by a User, the User always has the right to terminate the Agreement according to section 10 above.
14. Assignment and subcontracting
Users may not assign this Agreement, or their rights and obligations under this Agreement, without the prior written consent of Farmers First.
Farmers First has the right, without the User's consent, to transfer this Agreement in whole or in part, or its rights and obligations under this Agreement, to companies that are part of the same group as Farmers First.
Farmers First has the right to engage subcontractors for the fulfillment of its obligations under the Agreement.
15. Choice of law and dispute resolution
The agreement is governed by Swedish law. In the event of a dispute relating to the interpretation or application of the Agreement, Farmers First and the User shall primarily try to reach an agreement. The dispute must otherwise be tried by a general court.