INTRODUCTION

• These Terms of Service specify the scope and rules for the use of the Website by individual Users free of charge.

• Soil Ltd., a company established under the laws of Malta, with its registered office in Malta, address: 115B, Suite 3, Old Mint Street, Valletta, Malta, registered under no. C106889 (hereinafter the “Company” or “Soil”), provides the Platform and the Services described herewith below to the User, subject to following Terms.
• The Service Provider provides the Services described in these Terms of Service to you through the Website available at: https://soil.co/ subject to these Terms of Service.

• These Terms of Service constitute a binding and enforceable legal contract between the User and the Service Provider.

• By accessing the Website, the Services or their content, you acknowledge that you have read, understand, and agree to be bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein, and to comply with the applicable law. The Privacy Policy and other additional terms, guidelines, and rules as set forth on the Website are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User. If you do not agree to any of these Terms or comply with the requirements herein, please do not access or use the Website and the Services.

IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

 

DEFINITIONS

• Content – any software, applications, databases, graphic design, images, logos, texts, screenshots, videos, tools, audio recordings, printouts, solutions, articles, opinions, analysis or any other data or materials made available by the Service Provider on the Website or when using the Services.

• Consumer – any natural person who performs legal actions with the Service Provider, which are not directly connected with its professional or business activity. A Consumer is also a natural person using the Website or the Services when such use is not a professional nature of that person.

• “GDPR” – regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of the Personal Data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

• ICT Systems – without limitation are all computer, communications, electronic, data processing or cloud systems used by the Service Provider or the User in relation to the use and/or provision of the services under this Terms of Service.

• Privacy Policy – privacy notice and cookie notice dedicated to the Website, the Services and other associated services, available at: soil.co

• Service Provider or Soil Ltd., a company established under the laws of Malta, with its registered office in Malta, address: 115B, Suite 3, Old Mint Street, Valletta, Malta, registered under no. C106889 (hereinafter the “Company” or “Soil”).

• Services – services rendered by the Service Provider to a User under these Terms as defined in Section 6 of these Terms.

• Terms of Service or Terms – these Terms of Service for the Website and the Services.

• Third-Party – an entity other than the Service Provider or the Service Provider’s affiliates that provides the Third-Party Services.

• Third-Party Service – software or services provided by an entity other than the Service Provider or the Service Provider’s affiliate that are the linked to from the Website.

• Website – a website operated by the Service Provider on which the Services are provided, available at: https://soil.co/

GENERAL PROVISIONS

• The Service Provider provides its Services through its Website, subject to the following terms and conditions.

• The Terms of Service set out the following:
  • principles of use of the Website by the Users;
  • type and scope of services supplied electronically on the Website;
  • conditions for conclusion and termination of agreements;
  • complaint procedure.

• No fees are charged or collected for use of the Website or the Services.

REQUIREMENTS TO USE THE WEBSITE OR THE SERVICES

• To access and use the Website or the Services, the User must be at least 18 years old or of the legal age in accordance with the applicable law at the time of accessing the Services. If you are not at least 18 years of age, you should not use the Website or the Services.

• In order to use the Website, the ICT System used by the User shall meet the following minimum technical requirements:

MINIMUM TECHNICAL REQUIREMENTS

a device connected to the Internet with the latest, full version of Chrome, Safari, Mozilla Firefox, Opera or Microsoft Edge browser

cookies and javascript enabled in the browser;

screen resolution when displaying the Website with at least 1280×1024 pixels

• The User is obliged not to take any actions that would affect the proper functioning of the Website. In particular, it is forbidden to interfere in any way with the content placed on the Website and to provide unlawful content while using the Website.

• The User is obliged to use the Website in accordance with the law and morality, with respect to personal rights and intellectual property rights, in particular copyrights belonging to the Service Provider or third parties.

CONTENT

• The Service Provider declares that the Content published on the Website is created and edited with due diligence.

• The User hereby acknowledges that all intellectual property rights on the Website and its individual components such as videos, audios, source codes, images, logos, trademarks, or any other materials, including but not limited to copyright, patents, trademark rights, know-how, belong to the Service Provider. The Service Provider does not, to any extent: i) assign, transfer or sell any of its intellectual property rights, in particular copyrights, to the User, as well as it does not ii) grant any license to the User other than the following license.

• The User is authorized to use the Website exclusively for the User’s own personal use. Any data or any other materials found on the Website, both those that are protected under copyright law and those that are not, cannot be used for the User’s commercial activities.

SOIL SERVICES

• The Service Provider provides the Users with Content, including with a catalogue of the Service Provider’s services and information about its business within the Website, in the form of both graphic and textual information.

• The Content is for informational purposes and is intended solely for the presentation of the Service Provider’s services and its business.

• The User may use the Content Access Service by selecting an adequate tab available on the Website.

• The Content Access Service may include a download function, allowing the User to download and record on the User’s device certain information from the Website, for example in a form a file in a PDF format. The Service Provider is not providing the User with means to open files using a PDF format.

• The Content Access Service do not include provision of a digital content within the meaning of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital service.

• The Service Provider does not charge any fees for providing the Content Access Service.

THIRD-PARTY SERVICES

• The Website may contain links to external Third-Party Services, for example to social media platforms such as Discord or Twitter. The links to Third-Party Services serve only as a convenience for Users. The Service Provider is not responsible for any of the Third-Party Services, related products or website content.

• These Terms do not apply to such Third-Party Services, unless expressly stated otherwise. If the User uses them, the User does this at its sole responsibility and subject to relevant terms of service and privacy policies of such third parties. The Service Provider recommends each User to consult such terms of service and privacy policies for further information before accessing or using the Third-Party Services.

• The Service Provider is not responsible for any Third-Party Services accessed via a link form the Website, including its accuracy and completeness.

CONCLUSION OF CONTRACT

• The agreement under these Terms is concluded on the conditions specified in these Terms, for an indefinite period of time:
  • with respect to Content Access Service – from the moment the User invokes the URL of the Website in the browser window of the User’s device, or when the User uses a redirection link leading to the Website (i.e. when entering the Website).
• Continued use of the Services shall be construed as approval of these Terms and acknowledgment of the Privacy Policy.

TERMINATION OF CONTRACT

• The User may terminate any contract for the provision of the Services at any time, with or without cause and with immediate effect.
• The Service Provider may terminate the agreement with the User under these Terms, in whole or in part (as its sole discretion), with an immediate effect, if any of these important reasons occur:
  • the User violates these Terms, in particular the rules of conduct set out in Section 4;
  • the User violates the law or infringes the rights of third parties in connection with the use of the Website or the Services;
  • the User conducts activities detrimental or harmful to the Service Provider or other third parties, in particular activities that violate or threaten the security of the ICT Systems;
  • the User uses the Website or the Services in a manner contrary to their objectives, purposes or scope as set out in these Terms.
• The User who is a Consumer may withdraw from any contract for the provision of the Services within 14 days, with or without cause and with immediate effect. The right to withdraw does not apply in the case of Content Access Service as the subject of such contract in this regard is a continuous performance, under which the obligations of the Service Provider are performed in full. The User may use the withdrawal declaration template set out in Appendix 1 to these Terms.

APPLICABLE LAW

• These Terms are governed and construed in accordance with the Maltasian law. Subject to Section 2 below. In matters not regulated by these Terms, the relevant provision of law shall apply.

• For the avoidance of doubt, these Terms shall not limit any rights the Users may have as a Consumer that cannot be excluded or limited under applicable law. In the event that User as a Consumer has such rights which cannot be limited, the provisions of the applicable law shall apply.

DISPUTES & ODR

• Any claim, dispute or matter arising under or in connection with these Terms shall be governed and construed in all respects by the laws of Malta. Disputes arising from these Terms, that could not be resolved between the Users and the Service Provider, will be settled by the competent court.

• The Service Provider informs the Users that it does not use any out-of-court means of redress of claims or alternative dispute resolution providers, unless such an obligation arises from mandatory provisions of law. In such case the User may submit complaints to the Service Provider. The Service Provider shall respond to the complaint within 14 (in words: fourteen) days of its receipt. The Service Provider shall provide the User with the response to the complaint on paper or on another durable medium within the time prescribed under mandatory provisions of law.

• The Service Provider informs the Users that the European Commission provides a dedicated platform for online dispute resolution regarding online sales agreement or agreement on provision of services between consumers residing in the EU and trades established in the EU. The platform is available at: http://ec.europa.eu/consumers/odr. The Service Provider has no legal obligation to use the ODR platform – in each case decision to enter into dispute through the ODR Platform is taken by the Service Provider on a case-by-case basis.

• Provisions of Sections 11.2-11.3 above apply only to Users who are Consumers and shall not apply to other entities than Consumer, for instance if the User is a legal person or a sole proprietor.

LIABILITY

• The Service Provider is liable for the performance of the Services, subject to the Sections 12.2-12.6. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Terms of Service to the fullest extent permitted by applicable law.

• The Service Provider has no liability to the use if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.

• The User agrees to not to hold the Service Provider liable for any damages incurred by the User which were caused, directly or indirectly, by the use, malfunction, lack of access to or inability to use the Website or the Services, where permitted by law.

• The Service Provider reserves the right to interrupt or disrupt the provision of or availability of any Service at any time resulting from the malfunctions of ICT Systems for the functioning of which we are not responsible. The User agrees to not to hold Service Provider liable for any damages caused by such interruption or disruption.

• The Service Provider is not liable for any damages caused by the User’s actions or omissions, in particular for damages caused by illegal use of the Website or the Services.

• This Section 12 applies to the Service Provider, its affiliates, employees, directors and/or officers, as well as employees, directors and/or officers of the Service Provider’s affiliates.

CHANGES TO TERMS OF SERVICE

• The Service Provider is entitled to unilaterally change provisions of these Terms if a reasonable need for such changes arises, such as the following important reasons:
  • the change in legislation in Malta if such change may affect the provisions of these Terms;
  • the issuance of decisions, recommendations, obligations or acts of similar nature, by public administration authorities, including in particular the Consumer Protection and Technical Regulatory Authority, to the extent to which such administrative acts modify the provisions of these Terms or impose an obligation on the Service Provider to modify these provisions;
  • the introduction of new functionalities of the Website or the Services or modification of their current scope by the Service Provider – in this case the amendment of these Terms shall be limited to the extent concerning such new functionalities;
  • the introduction of new or modification of existing ICT Systems by the Service Provider – in this case the amendment of these terms will be limited to the extent that is objectively necessary and directly related to the introduction or modification of such ICT Systems;
  • the emergence of judicial or administrative case-law which indicates that contractual provisions similar to those applied by the Service Providers may be contrary to the law, in particular consumer protection law – in this case a change to the provisions of the concluded contract will be permitted if, upon a comprehensive consideration of the circumstances of the case, it can be objectively assumed that from the perspective of an average User who is a Consumer the proposed change is to his/her advantage.
• The Service Provider shall inform the User of the planned amendment to these Terms by publication on the Website or via email at least of the following:
  • the content of the envisaged amendment to these Terms;
  • the effective date of amendment;
  • the consolidated text of these Terms as amended.
• If the User does not agree to the proposed changes of these Terms, the User is entitled to terminate agreement under these Terms, effective as of the immediately preceding the date of the proposed amendment. Continued use of the Website or the Services after the thirty days’ notice means that the User agrees to be bound by the current version of these Terms.
• Any amendment of these Terms will not affect contractual rights acquired by the User prior to the amendment.

DATA PROCESSING

• The rules regarding the processing of personal data and use of cookies of the Users when accessing or using the Website or the Services are set out in the Privacy Policy. We encourage you to review this document to better understand how your personal data and cookies are used.

CONTACT

• The User can contact the Service Provider in matters relating to the Website, the Service or these Terms using one of the following channels:
  • e-mail: contact@soil.co;
  • Discord: https://Discord.gg/soilfarm – to use this channel, the User must have an active Discord account;
  • Telegram: https://t.me/soilfarm – to use this channel, the User must have an active Telegram account;
  • postal mail: 115B, Suite 3, Old Mint Street, Valletta, Malta.
    
• The Service Provider may contact the User using the same contact channels as set out in Section 16.1 above. If the User uses these communication channels, the User agrees that the Service Provider may communicate with the User through these channels in response.
• The Service Provider may also communicate with the User by posting an information on the Website or by sending the User an e-mail to the e-mail address that the User have previously provided to the Service Provider.

FINAL PROVISIONS

• These Terms enter into force on 16 September
• If any provision of these Terms is declared invalid or ineffective in whole or in part by a court of law or another competent authority, or if the invalidity or ineffectiveness of any provision of this these Terms results from binding legal provisions, or if any provisions prove impossible to implement in whole or in part, the remaining provisions of these Terms shall remain in full force and effect.
• In matters not regulated by these Terms, the relevant provisions of law shall apply. For the avoidance of doubt, it is considered that none of the provisions of these Terms shall limit the rights of the Consumer under the applicable mandatory law. In the event of the occurrence of a provision of this nature, the provisions of the applicable law shall apply.
• All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms to the fullest extent permitted by applicable law.