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Terms of Service

1. Introduction

Welcome to Farm Cove Limited. These Terms of Service ("Terms") govern your use of our services, including our website, applications, and other related services (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms.

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These Terms apply to the following categories of users:

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  • Website Visitors: Individuals who browse our website for informational purposes

  • Service Customers: Production companies, producers, and other entities who use our platform services

  • End Users: Individuals whose information is stored in our systems on behalf of our Service Customers

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2. Acceptance of Terms

By accessing and using our Services, you accept and agree to these Terms. If you do not agree to these Terms, you must not use our Services.

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For Service Customers: By registering for an account and using our platform, you agree to these Terms on behalf of your organization and confirm you have the authority to bind your organization to these Terms.

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For End Users: Your information may be processed by Farm Cove Limited on behalf of our Service Customers. While you may not have directly agreed to these Terms, our Service Customers are required to obtain appropriate consent for processing your data in accordance with applicable laws.

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3. Eligibility

You must be at least 18 years old and legally capable of entering into contracts to use our Services. If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

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4. Changes to Terms

Farm Cove Limited reserves the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our Services after any changes indicates your acceptance of the revised Terms.

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For Service Customers with active subscriptions, we will provide at least 30 days' notice of material changes to these Terms via email to your registered email address. If we materially update our Privacy Policy, we will provide similar notice via email to Service Customers with active subscriptions.

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5. User Responsibilities
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5.1 For Website Visitors

You agree to use our website only for lawful purposes and in accordance with these Terms. You must not attempt to gain unauthorized access to our website or systems.

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5.2 For Service Customers

You are responsible for:

  • Maintaining the confidentiality of your account information

  • All activities that occur under your account

  • Ensuring that your use of our Services complies with all applicable laws and regulations

  • Obtaining appropriate consent from End Users whose data you submit to our Services

  • Providing End Users with appropriate privacy notices regarding your use of our Services

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5.3 For End Users

If you are an End User whose information is processed by Farm Cove Limited on behalf of a Service Customer, you should direct any questions or concerns about your data to the relevant Service Customer. Nonetheless, we will assist Service Customers in resolving End User data requests consistent with our obligations under data protection laws.

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6. Account Information

When creating an account with Farm Cove Limited, Service Customers must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.

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Service Customers must promptly notify Farm Cove Limited of any security breach or unauthorized use of their account.

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7. Privacy and Data Handling

We collect and process personal data in accordance with our Privacy Policy. For Service Customers who store or process End User data via our platform, the Data Processing Addendum (DPA) forms part of these Terms. By using our Services, you agree to the terms of the DPA, which further governs our roles and obligations as a data processor.

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7.1 Data Collection and Processing

  • For Website Visitors, this includes information collected through cookies and similar technologies.

  • For Service Customers, this includes information provided during registration, subscription management, and service usage.

  • For End Users, we process data as a data processor on behalf of our Service Customers, who are the data controllers.

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7.2 Data Controller and Processor Roles

For Website Visitors and direct Service Customers, Farm Cove Limited acts as a data controller. For End Users, Farm Cove Limited acts as a data processor, processing data on behalf of our Service Customers who are the data controllers.

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7.3 Service Customer Obligations

Service Customers must:

  • Comply with all applicable data protection laws

  • Obtain and maintain all necessary consents from End Users to allow Farm Cove Limited to process their data

  • Implement appropriate technical and organizational measures to protect End User data

  • Notify Farm Cove Limited promptly of any data subject requests or complaints

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7.4 Data Protection

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction, in accordance with GDPR and UK data protection regulations.

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7.5 Data Subject Rights

  • Website Visitors and Service Customers can exercise their data subject rights by contacting us directly at privacy@farmcove.co.uk.

  • End Users should direct data subject requests to the relevant Service Customer. If End Users contact us directly, we will assist the Service Customer in fulfilling such requests as required by applicable law.

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8. Intellectual Property

All content on our Services, including text, graphics, logos, and software, is the property of Farm Cove Limited or its licensors and is protected by copyright, trademark, and other intellectual property laws.

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Service Customers are granted a limited, non-exclusive, non-transferable license to use our Services for their intended purpose. This license does not include the right to copy, modify, distribute, or create derivative works based on our Services.

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9. Termination of Service
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9.1 For Website Visitors

Farm Cove Limited reserves the right to restrict access to our website at any time, with or without notice, for any reason.

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9.2 For Service Customers

  • Farm Cove Limited may suspend or terminate your access to our Services if you violate these Terms or fail to pay applicable fees.

  • You may terminate your subscription in accordance with the terms of your service agreement.

  • Upon termination, you will lose access to our Services and any data stored within them.

  • We will retain and handle your data post-termination as described in our Privacy Policy and in accordance with applicable law.

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9.3 For End Users

End User data will be handled in accordance with our agreements with the relevant Service Customer and applicable data protection laws.

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10. Disclaimers and Limitation of Liability

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law, Farm Cove Limited will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services.

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For Service Customers, our total liability for any claims arising from or related to these Terms will not exceed the amount paid by you to Farm Cove Limited in the 12 months preceding the claim.

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Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

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11. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

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12. Dispute Resolution

Any disputes arising from these Terms or your use of our Services will be resolved through arbitration in accordance with the rules of the Chartered Institute of Arbitrators. Before commencing formal dispute resolution, we encourage you to contact us at support@farmcove.co.uk to attempt to resolve the issue informally.

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For End Users who do not have a direct contractual relationship with Farm Cove Limited, any disputes regarding your data or access should be directed to the relevant Service Customer. We will assist our Service Customers with dispute resolution, as required by law, but we do not provide a direct arbitration path for End Users who are not party to a contract with us.

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13. Indemnification
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13.1 For Service Customers

You agree to indemnify and hold harmless Farm Cove Limited and its affiliates from any claims, damages, or expenses arising from:

  • Your use of our Services

  • Your violation of these Terms

  • Your violation of any rights of a third party

  • Your failure to obtain appropriate consents from End Users

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14. Third-Party Links or Services

Our Services may contain links to third-party websites or services. Farm Cove Limited is not responsible for the content or practices of these third-party sites. These links are provided for convenience only and do not imply endorsement of the linked site by Farm Cove Limited.

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15. Compliance with Tax Credit Regulations

Service Customers using our Services for tax credit applications must comply with all applicable regulations, including those set by HMRC and the British Film Institute (BFI). Farm Cove Limited provides tools to assist with compliance but does not guarantee approval of tax credit applications.

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16. Film Industry Specific Terms

For Service Customers in the film industry:

  • You are responsible for ensuring that all information submitted through our Services is accurate and complies with industry regulations.

  • You must obtain appropriate permissions and rights for any content uploaded to our Services.

  • You must comply with all applicable film industry regulations and standards.

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17. Miscellaneous Provisions

These Terms constitute the entire agreement between you and Farm Cove Limited regarding your use of our Services. If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.

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Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Farm Cove Limited.

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18. Data Processing Addendum

Where we process personal data on behalf of Service Customers (acting as data controllers), the terms of our Data Processing Addendum (DPA) apply. The DPA details our obligations as a processor under UK and EU data protection law, including GDPR, and forms part of these Terms by reference. For more information or to review and execute the DPA, please contact us or visit www.farmcove.co.uk/DPA.

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19. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Farm Cove Limited
1-3 Canfield Place
Greater London
England
NW6 3BT
United Kingdom
support@farmcove.co.uk

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