Privacy and Terms
Dispute Resolution Policy
Last updated: June 15th, 2024.
Feedbag Agrihub encourages all users to resolve disputes informally between themselves. If Users are unable to resolve their disputes, Users should notify Feedbag Agrihub of a potential User Dispute within 72 hours after any dispute and document any statements, or other material facts that may impact a User Dispute and impact the enforcement of any applicable term, policy, or provision. Disputes between users may be escalated through the following process:
- You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (each, a “User Dispute”) in good faith through messaging via the Platform.
- If users are unable to mutually resolve the User Dispute, then either user may submit the User Dispute to Feedbag Agrihub’s Disputes Team.
Step One: Informal dispute resolution between users
- If informal dispute resolution is not successful, a user may submit a User Dispute for review by submitting a written summary of the User Dispute, including any requested documentation, to our Disputes Team at support@feedbagagrihub.com or via the chat support button.
- During this period, Users agree to cooperate and assist the Disputes Team in good faith and to provide such information and take such actions as is requested by the Disputes Team in connection with the User Dispute.
- The Disputes Team will attempt to resolve the User Dispute through communication with the users. If users agree to a resolution, or if Feedbag Agrihub determines in its sole discretion that a user is responsible for fees, damages, costs, refunds, or other amounts, you agree that Feedbag Agrihub may collect such amounts from you pursuant to this Dispute Resolution policy, any Booking Agreement, or any applicable policy.
- Users agree, upon Feedbag Agrihub’s reasonable request, to participate in a mediation or similar dispute resolution process with the other user which process will be conducted by Feedbag Agrihub or a third party selected by Feedbag Agrihub. Users may not be charged for any mediation or resolution process arranged by Feedbag Agrihub.
Step Two: Review by Feedbag Agrihub’s Disputes Team.
- Binding Arbitration
Process for Arbitration
1.1 You and Feedbag Agrihub agree that any dispute, claim, or controversy arising out of or relating to the Term of Use and other applicable agreements or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Feedbag Agrihub Platform, marketplace or Services (collectively, “Disputes”) will be settled through negotiation.
1.2 If negotiation fails and the Dispute is not resolved within ten (10) days from receipt of the written notice, such Dispute shall be referred to Mediation at the Lagos Multi-Door Court House.
1.3 In the event that the dispute or issue remains unresolved by mediation within fifteen (15) days from referral, then the same shall be finally settled by arbitration.
1.4 The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act 2023, except as expressly augmented or modified by this policy.
1.5 The arbitration shall be held before a single arbitrator appointed by the Parties;
1.6 Any such arbitration will take place in Lagos, Nigeria;
1.7 To initiate such an arbitration, a party will provide a written demand that states both the basis of the claim and the desired relief.
1.8 Arbitral proceedings shall not exceed a period of six (6) months from commencement of arbitral proceedings.
1.9 You consent to receive electronic service of process at the email associated with your Account or through personal service at your corporate headquarters, registered address, or primary address .
1.10 Where you are delinquent in responding to such process, you will be responsible for any legal, court, or other fees associated with the delinquency.
1.11 All disputes must be resolved through binding arbitration and not in a court of law.
1.12 Once arbitration is initiated as provided above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own legal fees and legal costs. The arbitrator
- Remedies
2.1 The arbitrator may provide for any monetary or other remedies that are available under applicable Law but may not modify the terms of this Term of Use, or other policies.
2.2 The arbitrator will provide a reasoned decision addressing the specifics of the dispute. The decision is binding and not subject to appeal.
2.3 The parties will act promptly to respect the decision of the arbitrator, including payment of any amounts owed or taking of any action required.
2.4 Any judgment on the award rendered by the arbitrator may be entered in a state High court.
- Exclusions
Notwithstanding the preceding clauses, the parties agree that any claims based on ownership or misuse of the other party’s intellectual property—including patents, copyrights, or trademarks—may be brought before the appropriate court with jurisdiction located in Lagos, Nigeria. Either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.