_{_{GENERAL TERMS OF SERVICE FOR ALL AGRIASSIST MEMBERS}}
_{_{Please
read these Terms of Service for AgriAssist Users (“Terms”) carefully as they
contain important information about your legal rights, remedies and
obligations. By accessing or using the AgriAssist Platform, you agree to comply
with and be bound by these Terms.}}_{_{Thank you for using AgriAssist. These Terms constitute a legally
binding agreement ("Agreement") between you and AgriAssist governing
your access to and use of the AgriAssist website, including any subdomains
thereof, and any other websites through which AgriAssist makes its services available
and all associated services.}}_{_{Our collection and use of personal information in connection with your access
to and use of the AgriAssist Platform is described in our Privacy Policy.}}_{_{Any and all payment processing services through or in connection
with your use of the AgriAssist Platform ("Payment Services") are
provided to you by Stripe Payments. Members are responsible for identifying,
understanding, and complying with all laws, rules and regulations that apply to
their Listings and Services.}}

1. SCOPE OF AGRIASSIST SERVICES

Assistant Hub Ltd trading as AgriAssist is an online marketplace service that allows its users to exchange services with each other. It is a communications platform providing a method for Professional Farm services to be offered and booked by its members. The AgriAssist service may only be used in accordance with these terms of use. The Service provider reserves the right to alter or amend these terms of use at its discretion.

As the service provider of the AgriAssist Platform, AgriAssist does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any service listings or offers of work. When Members make or accept a booking, they are entering into a contract directly with each other. AgriAssist is not and does not become a party to or other participant in any contractual relationship between Members, nor is AgriAssist an insurer.

AgriAssist is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

While we may help facilitate the resolution of disputes, AgriAssist has no control over and does not guarantee:

(i) the existence, quality of service, suitability, or legality of any Members Listings or Services,

(ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or

(iii) the performance or conduct of any Member or third party. AgriAssist does not endorse any Member, Listing or Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by AgriAssist about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to offer or accept a booking request from a Member, or communicate and interact with other Members, whether online or in person.

If you choose to use AgriAssist, your relationship with AgriAssist is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of AgriAssist for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of AgriAssist.

AgriAssist does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms, specifically AgriAssist shall not be deemed to be employer with regard to the provision of Member services. You acknowledge that you have complete discretion whether to offer Services or otherwise engage in other business or employment activities.

AgriAssist is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the AgriAssist Platform. AgriAssist may, temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the AgriAssist Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the AgriAssist Platform. AgriAssist accept no liability in such circumstances. AgriAssist may improve, enhance and modify the AgriAssist Platform and introduce new AgriAssist Services from time to time. AgriAssist will provide notice to Members of any changes to the AgriAssist Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

2. USING THE AGRIASSIST PLATFORM – Eligibility, Member Verification and Fees

In order to access and use the AgriAssist Platform or register an AgriAssist Account you must be an individual aged at least 16 years old. All Members, both Farm Workers and Farmers should make themselves aware of the legislation surrounding the working hours and conditions applicable to young people (i.e. under 18 years of age) and AgriAssist take no responsibility for monitoring the hours of work of such young persons. Such information can be found here:

https://www.citizensinformation.ie/en/employment/starting_work_and_changing_job/young_people_at_work/rights_of_young_workers.html

AgriAssist may make access to and use of the Platform, or certain areas or features of the AgriAssist Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to

(i) ask Members to provide a form of identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,

(ii) screen Members against third party databases or other sources and request reports from service providers.

2A. Account Registration

You must register an account ("AgriAssist Account") to access and use certain features of the AgriAssist Platform, such as publishing or booking a Listing. If you are registering an AgriAssist Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You can register an AgriAssist Account using an email address and creating a password, or through your account with Facebook.

You must provide accurate, current and complete information during the registration process and keep your AgriAssist account information up-to-date at all times.

You may not register more than one (1) AgriAssist account unless AgriAssist authorises you to do so. You may not assign or otherwise transfer your Account to another party.

You are responsible for maintaining the confidentiality and security of your AgriAssist Account credentials and may not disclose your credentials to any third party. You must immediately notify AgriAssist if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your AgriAssist Account. You are liable for any and all activities conducted through your AgriAssist Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).

The users retain the rights to all text, pictures and other content that they create in the service. The users allow others to utilise the content in accordance with the nature of the service and furthermore allow AgriAssist to file information and data and make changes that are necessary for the service.

Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, AgriAssist does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You will not post, upload, publish, submit or transmit any Member Content that:

(i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;

(ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive;

(iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal;

(v) promotes illegal or harmful activities or substances; or

AgriAssist may remove or disable access, without compensation, to any Member Content that is in violation of applicable law, these Terms or otherwise may be harmful or objectionable.

AgriAssist will notify a Member and provide the reasons for such a measure, unless such notification would

(i) prevent or impede the detection or prevention of fraud or other illegal activities

(ii) harm the legitimate interests of other Members or third parties

(iii) contravene applicable laws.

You may appeal such a decision by contacting customer service

2B. Commission and Service Charges

AgriAssist charge a Commission fee of 8% on the total cost of the booked service in consideration for the use of the AgriAssist Platform.

AgriAssit charge the Farm Worker a Service charge of 5% on the cost of the booked service in consideration for the use of the AgriAssist Platform. which is deducted from the amount due to the Farm Worker before remitting the payout to him or her.

AgriAssist reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

3. BOOKING CHANGES, CANCELLATIONS AND REFUNDS

Farm Workers and Farmers are responsible for any modifications to a booking that they make via the AgriAssist Platform and agree to pay any additional Booking Fees and Commission fees and/or Taxes associated with such Booking changes.

Farmers or Farm Workers can cancel a confirmed booking at any time pursuant to the Farm Workers' cancellation policy, or if no such policy, then subject to AgriAssist's cancellation policy, and AgriAssist will make or refund the amount of the Total Fees due to the Farmer or Farm Worker in accordance with such cancellation policy.

*AgriAssist Cancellation Policy:

This cancellation policy will apply unless the Farmer or Farm Worker explicitly displays and makes known their own cancellation policy to the other party prior to the booking being made.

a). If less than 24 hours’ notice is given of a cancellation by the Farm Worker, then no fees are payable to him/her and 100% of Total Fee will be returned to the Farmer.

b). If less than 24 hours’ notice is given of a cancellation by the Farmer then 25% of the full Listing Fee will be paid to the Farm Worker and 100% of the Commission Fee paid to AgriAssist, the balance will be returned to the Farmer.

c). If more than 24 hours’ notice is given by either party, then the full total fee will be returned to the Farmer.

Further, AgriAssist may publish a review on the Farmer or Farm Workers account indicating that a booking was cancelled.

If a Farmer or Farm Worker cancels two or more bookings within a 4-week period, AgriAssist reserves the right to temporarily suspend or cancel their account without compensation.

4. RATINGS AND REVIEWS

Farmers and Farm Workers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of AgriAssist.

- Ratings and Reviews are not verified by AgriAssist for accuracy and may be incorrect or misleading.

- Members should ensure that Ratings and Reviews are accurate and do not contain any offensive or defamatory language. Please also see 2A Account Registration.

- Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member. Such action may lead to a temporary or permanent suspension of the Member’s account.

- Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the AgriAssist Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

- AgriAssist reserves the right to delete a Member's review or rating if it considers it to be inaccurate, offensive or defamatory.

5. INSURANCE

Members are advised that AgriAssist does not provide insurance for any loss, damage to person or property, inconvenience or expense howsoever arising, as a result of the contract between the Farmer and Farm Worker.

Farmers are advised to ensure that they have in place a policy of insurance to cover any claims by the Farm Worker which may arise. Farmers must be willing to provide evidence of same to the Farm Worker if requested.

Farm Workers are advised to ensure that they have a policy of insurance in place to cover any claims by themselves or the Farmer for any loss, damage, inconvenience or expense.

AgriAssist recommends that Members review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of the relevant Members.

6. DISPUTES BETWEEN MEMBERS

Members are reminded that they are responsible for their own acts and omissions

AgriAssist will offer assistance by way of mediation should a dispute arise, however should the matter not be resolved within a reasonable timeframe, AgriAssist reserve the right to withdraw such assistance and allow the parties to determine the issue through alternative means including by legal action. The relevant jurisdiction for such disputes is Ireland.

AgriAssist accept no responsibility for any claims arising out of the contract between the Farmer and Farm Worker whether under contract law, common law, statute or otherwise.

Members are advised to make themselves aware of their legal rights and responsibilities to each other.

Members agree to indemnify AgriAssist from and against all liability whatsoever in respect of all actions, costs, proceedings, claims, damages, demands, losses and expenses in respect of or on account of any claims arising out of the contract between the Farmer and Farm Worker.

7. TERMS SPECIFIC FOR FARM WORKERS

Farm Workers, when creating a Listing through the AgriAssist Platform you must:

(i) provide complete and accurate information about the Services you are offering (such as description, location, and calendar availability),

(ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and

(iii) provide any other pertinent information requested by AgriAssist or the Farmer.

You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Booking Fee”). Once a Farmer requests a booking of your Listing, you may not request that the Farmer pays a higher price than in the booking request.

If you wish to include any terms in relation to your own specific cancellation policy, these must be clearly displayed on your profile and/or listing prior to a booking being made. If you do not display any such specific terms, AgriAssist’s cancellation policy will apply.

The legal relationship between AgriAssist and the Farm Worker is that of a contact for services. The Farm Worker is an independent, self-employed contractor. No contract of employment exists between AgriAssist and the Farm Worker.

The Farm Worker has full control over the hours of work, days of work, type of services and rate of pay he/she advertises.

The Farm Worker's listing is an invitation to treat and he/she is free to accept or reject an offer of work proposed by the Farmer.

The Farm Worker is responsible for ensuring sufficient insurance cover in case of any accidents. AgriAssist does not have a policy of insurance in place to cover for any loss or damage caused to or by you while carrying out your activities on the Farmer’s property.

You should ensure that either you or the Farmer has a sufficient policy of insurance in place.

The Farm Worker is responsible for their own tax returns.

The Farmer will pay AgriAssist the total fees upon booking. Upon confirmation from the Farmer that the agreed booked hours have been completed by the Farm Worker, AgriAssist will release payment to the Farm Worker.

If a dispute arises over the number of hours worked by the Farm Worker, AgriAssist will release payment to the Farm Worker for the maximum number of hours that can be agreed between the Farm Worker and Farmer and the balance of the payment will be returned to the Farmer (less the commission fee which will be calculated on the total booking fee).

As per the dispute resolution clause below, AgriAssist may offer assistance in mediating the dispute, otherwise the Parties are free to resolve the dispute through alternative means including legal action.

If a dispute arises with regard to the quality of the work being carried out by the Farm Worker, AgriAssist will release full payment to the Farm Worker for the agreed hours worked. As per the dispute resolution clause below, AgriAssist may offer assistance in mediating the dispute, otherwise the Parties are free to resolve the dispute through alternative means including legal action.

Once a Farm Worker has carried out any work for a Farmer that has been organised through AgriAssist, all subsequent work carried out by the Farm Worker for that particular Farmer must be booked through AgriAssist and all payments must be made through AgriAssist.

Should it come to the attention of AgriAssist that the parties have contracted work outside of the Platform, AgriAssist reserves the right to terminate the accounts of both parties with AgriAssist without compensation.

8. TERMS SPECIFIC FOR FARMERS

Subject to meeting any requirements (such as completing any verification processes) set by AgriAssist, you can book a Services Listing available on the AgriAssist Platform by following the respective booking process. All applicable fees, including the Commission Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Services Listing. You agree to pay the Total Fees for any booking requested in connection with your AgriAssist Account.

Upon receipt of a booking confirmation from AgriAssist, a legally binding agreement is formed between you and the Farm Worker, subject to any additional terms and conditions of the Farm Worker that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing, provided same is clearly made known at the time of the booking.

AgriAssist will collect the Total Fees at the time of the booking request via credit/Debit card payment.

Upon confirmation from the Farmer that the agreed booked hours have been completed, AgriAssist will release payment to the Farm Worker.

Once a Farm Worker has carried out work for a Farmer that has been organised through AgriAssist, all subsequent work carried out by the Farm Worker for that particular Member Farmer must be booked through AgriAssist and all payments must be made through AgriAssist.

Should it come to the attention of AgriAssist that the parties are have contracted work outside of the Platform, AgriAssist reserves the right to terminate the accounts of both parties with AgriAssist without compensation.

Farmers are advised to ensure that they have in place a policy of insurance to cover any accidents or damage caused to or by the Farm Worker when present on their property. Farmers must be willing to provide evidence of same to the Farm Worker if requested.

**By registering an Account with AgriAssist you agree to be bound by these terms and conditions.

Should you have any queries please send them to info@agriassist.ie

Information about AgriAssist