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About


ABOUT US

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About


ABOUT US

 

We believe in supporting the growing number of small scale producers around the world. 

Over the past decade, our team has been involved in innovation, agriculture, and academia.  We have come to one conclusion, the world needs more working capital.

Working capital is the foundational notion of micro-lending and is the life-blood of entrepreneurs, farmers, and trades people.  Because of centralization across the banking and agricultural industries, we believe that there is an inherent system wide inequality that limits access to working capital for many people today. 

The quickest and easiest fix is to connect affinity buyers to small scale producers.

That is our mission.

Welcome to the People's Agriculture Collective!

(modeled after Food Terminals, such as the Ontario Food Terminal in Etobicoke, ON Canada)

People's Agriculture Collective, S.L. is a Spanish Corporation licensed by the Government of Spain Business Number: B93411395

 

 
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How it Works


How it Works

How it Works


How it Works

The People's Agriculture Collective operates via the Agricultural Terminal (‘AT’), a digital variation of the current urban food terminal.

  • AT matches ‘Consumer’ to small scale producers/processors (‘SSP’) based on needs, values, price etc. (authentic affinity / advocacy)
  • e.g. ’Consumer’ advances $1 (in essence a purchase order of an agricultural product) to ‘SSP’ (in our case it’s to the ‘AT’ on behalf of the producer / processor)
  • AT advances the estimated cost to producer (ie. $* being less then $1, less a further net for admin charges earned by the ‘AT’) thereby eliminating the producers need for expensive working capital and bypassing expensive brand / retail channels.
  • ‘Consumer’ receives contract/proof (‘PO’) related to the purchase of the commodity (both parties will agree on deliver date, place / mechanism and related costs). (This is akin to ordering delivery – I pay when I call but the food isn’t delivered until an hour later. )
  • ‘SSP’ receives balance (ie. profit) on delivery (Again the ordering delivery context is: “I only sign the credit card receipt when I get the food.”)
  • If ‘consumer’ chooses for whatever reason not to complete the purchase of the commodity – the consumer can ask for reimbursement of remaining balance (forfeiting the balance) or the producer will sell on consumers behalf (and return *% of realized value – the discount to cover admin charges)
  • Note- we will strive to limit the number of contracts to an absolute minimum based on common elements

Finally, during our BETA phase we are ONLY offering produce and exchange (and pickup) in Spain.  Please contact us for more details.

BUY NOW

Risk & Due Diligence


Risks

Risk & Due Diligence


Risks

Risks in Agriculture

Purchasing produce through the People’s Agriculture Collective (PAC) online involves some risks

This page gives some examples of risks that exist when lending online through PAC. This isn't meant to be an exhaustive list of risks, but we hope this page helps to explain these risks in easy to understand language. To review the terms that apply to your use of PAC, please see our Terms of Use.

Small Scale Producer Risk

When you purchase a S.A.F.E. Cert on PAC, you may lose all or some of your principal. You should be aware of the different types of risk, with respect to delivery risk and social return.

In order to help reduce your risk exposure, you may wish to diversify your PAC spending, thus reducing your exposure to any one small scale producer (SSP), Field Partner or country. For example, instead of placing $100 with one SSP, you may wish to place $25 with four SSPs in different countries through different Field Partners.

Each borrower is screened by a local PAC Field Partner. The Field Partner looks at a variety of factors (history, village or group reputation, purpose, etc.) before deeming a SSP as credit-worthy. However, a number of factors can result in SSPs being unable to complete delivery, such as:

  •     Business issues (e.g. crop failure)
  •     Health issues (e.g. malaria, HIV/AIDS)
  •     Other issues (e.g. theft, paying for school fees, over indebtedness, reduced remittances, civil disturbances, etc.)

If a borrower is unable to deliver, PAC Field Partners are expected to pursue collections according to their normal practices.

Field Partner Risk

When you support an SSP by purchasing S.A.F.E. Certs, PAC delivers the funds to the local Field Partner. While working with Field Partners increases the likelihood that your produce will be delivered, new institutional risks are introduced such that even if a PAC SSP is able to deliver, you could still lose principal due to Field Partner issues, for example:

  •     Bankruptcy (e.g. the Field Partner may go out of business and be unable to collect your loan)
  •     Fraud (e.g. staff members at the Field Partner may embezzle funds)
  •     Operational difficulties (e.g. the Field Partner may have some cash-flow or other challenges that could prevent repayment)

To help you assess this risk, before working with a Field Partner, PAC reviews each organization and performs either a full, basic, or experimental due diligence on the organization.

Country Risk

When lending internationally it is important to consider "macro-level" risks:

  • Economic (e.g. a large currency devaluation — or the institution of exchange controls by local governments — may reduce or render the Field Partner's local currency collections valueless for you)
  • Political (e.g. products and produce sold by SSPs may be treated differently in different countries. Policies can change regarding funds repatriation or even the requirement that SSPs have to deliver goods purchased)
  • Natural disasters such as a flood, tsunami or drought may greatly reduce the likelihood of loan repayment from certain countries or from specific regions in a country

PAC currently targets a limit of no more than 10% of total S.A.F.E. Certs outstanding to help ensure an even supply. In certain instances, this limit is lifted on a temporary basis. Guaranty mechanisms may also be used in excess of this limit on a case by case basis.

In terms of currency risk, please determine if currency exchange loss is possible. You bear the risk of loss if the US dollar appreciates by more than 10% against the local currency.

Additionally, if your home currency is not the US dollar or Euro, another layer of currency risk is added because loans made through PAC must be in US dollars or Euros. Therefore, the initial conversion from your home currency to USD/Euro will add foreign exchange risk.

Note: foreign exchange risk is not present if your local currency is the US dollar or Euro and loans are disbursed in US dollars or Euros.

PAC-Related Risk

There is a potential risk that PAC, like any organization, may not continue its operations indefinitely. To better protect your funds in this circumstance and others, your funds are held by a separate PAC entity in accounts for the benefit of owners of S.A.F.E. Certs who have orders pending in the PAC system (e.g. S.A.F.E. Certs purchased by you to fulfill orders or provide working capital made by PAC SSPs to PAC users - you). We believe that holding your funds separately from PAC’s operational funds helps protect these funds from being subject to any claims of PAC creditors (other than the PAC users who have funds available in the PAC system).

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Field Partners


Our Partners

Field Partners


Our Partners

We are constantly updating our various partners and affiliates.  Please check back soon for new additions !

Our launch partner is Revolution Supply in Malaga, Spain.  All produce can be picked up from this location (please call or schedule to confirm pick up times and delivery).

Current S.A.F.E. Cert PO Exchange Timeline:

<96 days: S.A.F.E. Cert PO (Face Value ) - 10%

96 days: S.A.F.E. Cert PO (Face Value ) + 0%

125 days: S.A.F.E. Cert PO (Face Value ) + 2%

180 days: S.A.F.E. Cert PO (Face Value ) + 4%

360 days: S.A.F.E. Cert PO (Face Value ) + 6%

All S.A.F.E. Exchange is subject to admin and surcharge fees.

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Privacy Policy


We Defend Your Privacy

Privacy Policy


We Defend Your Privacy

Privacy Policy

This Privacy Policy describes how the People’s Agriculture Collective (“PAC”) collects and uses the personal information you provide on our Website PACsafe.exchange. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

1.    No sale of personal information.  PAC will not rent or sell your personal information to third parties.


2.   Information collected, displayed and used for other Website and Program features.  As you use additional features on the Website or otherwise participate in the Program, we may collect any additional information you choose to provide in order to facilitate the operation of these features on the Website or your participation in the Program. For example:

a) S.A.F.E. Certs.  If you purchase a S.A.F.E. Certificate (Purchase Order), we collect information about your purchase (for example, your name as purchaser, amount you spent, number of S.A.F.E. Certs purchased and purchase dates) and information about your recipient that you provide (for example, recipient name, email address and physical address). PAC uses the information you provide in order to deliver the S.A.F.E. Certs and contact the purchaser and/or the recipient with respect to the purchased items. We may automatically disclose to the purchaser of an electronic S.A.F.E. Cert the redeeming lender profile and date of redemption of the electronic S.A.F.E. Cert. If you have created an account on the Website and purchased S.A.F.E. Certs through your account, you can review your S.A.F.E. Certs information by logging into your account on the Website.

b) Integrated third party features.  If you use features on the Website that are integrated with third party websites or services (for example, Twitter and Facebook) to share information about your activity on the Website (for example, information about recently completed Transactions and whether you “like” PAC) through the third party website or service, PAC will share this information with the third party website or service and additional information, if any, that you choose to provide to PAC in order to use these features (for example, your username for the third party website or service). However, PAC reserves the right to withhold or withdraw information related to borrowers to the extent necessary to protect the privacy of borrowers. If you use interactive features on PAC to indicate that you "recommend" a particular feature or listing on PAC, that information will be collected and may be displayed on the Website and furthermore shared on any applicable third party websites and services to which you have authorized such information sharing.

c) Customer service.  If you contact PAC customer service, we will collect the information you provide (for example, your name, email address, physical address, phone number and question/comment) in order to contact you and address your question or comment.

d) Applications.  If you submit an application to PAC (for example, to be an employee, volunteer or field partner), we collect the information you submit (for example, name, phone number, resume, cover letter and position of interest) to assess the application and follow up with you on such submission.

e) Surveys and Promotions. From time-to-time, PAC may provide you the opportunity to participate in promotions or surveys through the Website or through email. If you participate, we may request certain personally identifiable information from you. Participation in these surveys or promotions is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code and gender). We use this information to notify and award promotion winners, to monitor Website traffic, personalize the Website and Program and to send participants email newsletters. We may use third party service providers to conduct these surveys or promotions. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

3.    Information from cookies and web beacons.  Cookies are small text files created by a website that store information on your computer, such as your preferences when visiting that website. Similar to many websites, if you have enabled cookies in your browser, PAC, independently and through enabled third party tools and programs, collects certain technical information using cookies, such as the path of users to the Website, pages visited, originating IP address, browser type, browser language and the date and time of the user's visit. This information helps PAC track trends and improve areas of the Website and Program, and are common analytics used by most websites. If you have disabled cookies, the Website may not work as it is intended. Web beacons are tiny graphics with a unique identifier that are similar in function to cookies but, instead of being stored on your computer, are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Web beacons are used to track the online movements of internet users. PAC uses them to better understand User interaction and engagement with the Website and Program (including without limitation, in electronic Communications), such as by learning whether certain users have accessed the Website via links from other websites. PAC can use this information to tailor its audience for advertisements promoting PAC. You may set your browser preferences to opt out of the collection and use of this tracking information for ad targeting purposes. One way to set your preferences for what sites can or can't share tracking information with PAC (or with other websites) is by using a service such as the one available at www.aboutads.info/choices.  PAC also uses cookies for remarketing, by placing a cookie in your browser to signal that you've visited the Website.  This gives us the option to show you ads for PAC when you visit other websites that host advertisements.  PAC supports the Do Not Track preference available on most internet browsers.  When you have enabled the Do Not Track setting on your browser, PAC's remarketing functionality will be disabled.  The use of cookies by third parties on the Website is for the purpose of making the Website easier to use and to enable certain features of the Website and is not covered by this Privacy Policy.  We do not have control over these cookies.

4.    Electronic communications.  From time to time you will receive disclosures, notices, documents and information based on your account information, status or activity (collectively, "Communications") from PAC (for example, confirmation receipts). By creating an account with PAC on the Website, you agree that all Communications from PAC relating to your use of the Website and participation in the Program may be provided or made available to you electronically by e-mail or at the Website. You may withdraw your consent to receive Communications electronically by contacting PAC in the manner described below. However, if you withdraw your consent to receive Communications electronically from PAC (other than for the optional emails described in Section 9 (Optional emails) below), PAC will not have the ability to permit you to buy any additional purchase orders/S.A.F.E. Certs through the Website. The withdrawal of your consent will not affect the legal validity and enforceability of electronic Communications provided by or on behalf of us in connection with any of your purchases, or any electronic Communications provided by or on behalf of PAC prior to the time you withdraw your consent. It is your responsibility to keep PAC informed of any changes in your email address so that you continue to receive all Communications without interruption. By using the Website, you acknowledge that you can access the electronic Communications, and you consent to having all Communications provided or made available to you in electronic form and to participate in the Program electronically. We may also provide you with Communications through physical mail.  You may request a paper copy of any electronic notice from PAC by sending an email through the contact form, including your name and the address to which you would like the paper copy sent.
 
5.    Optional emails.  By default, you will receive the following types of emails from PAC, but you can choose not to receive these emails by contacting us via the Contact form on the Contact Page accessible via the navigation tab, notifications, auto renewal notifications, PAC news, purchase updates, messages and team messages. PAC will not disclose your email address to our field partners, borrowers or lenders in any case.

6.    Disclosure to affiliates, service providers, agents and representatives.  We will disclose your personal information with third parties only in the ways that are described in this privacy statement. PAC's affiliates and service providers, agents and representatives of PAC and its affiliates may be provided access to your personally identifiable information as part of, or incident to, their provision of services to PAC (for example, processingtransactions, distributing PAC emails and fulfilling physical S.A.F.E. Cert orders). All such access shall be under appropriate confidentiality agreements and limited to use to provide services to PAC to help PAC further its mission.

7.    Disclosure of non-personally identifiable data.  PAC reserves the right to disclose information that does not directly identify you, for example, aggregated or anonymized data, for educational, informational or promotional purposes in furtherance of PAC’s mission.   

8.    Legal disclosures.  Notwithstanding anything to the contrary in this Privacy Policy or the Terms of Use, you acknowledge, consent and agree that PAC may disclose information in order to: (a) comply with applicable law, regulation, legal process, or governmental request; (b) protect the rights, property and safety of PAC, Users and others, including intellectual property rights; and (c) enforce or apply our agreements and policies.

9.    Use of your information.  In addition to the uses (including display and disclosure) of your information that we have described above in this Privacy Policy, PAC uses your information that PAC has collected as described above in this Privacy Policy in order to facilitate activities and transactions for the operation of the Website and Program, improve User experiences on the Website and in the Program (for example, to personalize the content provided to you on the Website and to enhance connections between lenders and between lenders and borrowers) and further PAC’s mission.

10.    Access to your information. You may terminate your participation in the Program and registered account on the Website at any time and for any reason by sending a written notice of termination to PAC along with instructions for the disposition of your then-available PAC Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active Loans), such notice to be effective within three (3) days of receipt by PAC.

11.    Links to other websites.  If you follow any links which remove you from the Website (for example, the independently operated revolution.supply and Stripe, Facebook, Twitter, Blogger, Squarespace, Salesforce and any websites that use data from our API), this Privacy Policy no longer applies – i.e., the privacy policies and practices of other websites and other parties are governed by their respective terms of use and privacy policies. Please note that electronic payment processing for (i) purchase of S.A.F.E. Certs is provided by the third-party payment processing provider, Stripe.

12.    Note regarding children under 18.  The Website is intended to be used by adults. It is not intended for children, and PAC does not want to collect any personal information for persons who are under the age of 18. PAC recommends that parents do not post, or permit others to post, any personally identifiable information with respect to persons under the age of 18. If you believe that we have any information from a child under age 18, please contact us via the Contact form.

13.    Security.  PAC takes reasonable steps to maintain appropriate physical, technical such as encrypting transmission of information using SSL and administrative security to help prevent loss, misuse and unauthorized access, disclosure and modification of personal information.  While we take these reasonable efforts to safeguard your personal information, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

14.    Location of data.  PAC is headquartered in Spain. Your personal information may be accessed by PAC, our affiliates, service providers, agents and representatives in Spain or elsewhere in the world.  By providing us with personal information, you consent to this transfer. PAC will protect the privacy and security of personal information according to this Privacy Policy regardless of where the personal information is processed or stored.

15.    Retention period.  PAC reserves the right to retain your personal information for a period of seven years or more to satisfy legal requirements such as recordkeeping and tax and credit reporting requirements, as well as for purposes of fraud prevention, audit and data integrity. In addition, PAC reserves the right to retain, as well as to use and disclose as permitted pursuant to this Privacy Policy, your personal information for such period of time as reasonably needed by PAC to facilitate activities and transactions for the operation of the Website and Program, improve User experiences on the Website and in the Program and further PAC’s mission. PAC reserves the right to retain information that does not directly identify you, for example, aggregated or anonymized data.

16.    Modifications; Interpretation.  PAC may update or modify this Privacy Policy from time to time. If any changes are made, PAC will reflect the date on which any such changes are made and posted by updating the "last updated" date at the top of the page. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. Please be sure to check this page periodically for changes. Capitalized terms used but not defined in this Privacy Policy have the meanings set forth in the Terms of Use or relate to headings on the website.

17.    For a copy of this document or anything else on this website in Spanish, please write us at the address below AND email us via the Contact page with specific requirements.

18.    How to contact PAC.  We take privacy seriously and we value yours. For additional information, or if you have any questions regarding this Privacy Policy or the privacy practices at PAC, please submit your questions or comments directly to us via the Contact page on the website. You can also send questions or comments to:

The People's Agricultural Collective
Attn: Privacy Policy
Calle Cruz de La, Num. 5
Planta 1
29620 Torremolinos - (Malaga, Spain)

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Terms of Use


User Agreement

Terms of Use


User Agreement

PAC Terms of Use Agreement

Welcome to the People’s Agriculture Collective (“PAC”), a Spanish SA (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "PAC"). This Terms of Use ("Agreement") is a contract between you ("you") and PAC and governs your access and use of the PACsafe.exchange website and all other websites owned and operated by PAC that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on the Website and all PAC services provided in connection with the Website. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy), and you agree to be bound by this Agreement, whether or not you participate in the purchase of S.A.F.E. Certs (purchase orders) program or related programs, services or activities (collectively, the "Program") or otherwise access or use the Website (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not participate in the Program or access or use the Website.

This Agreement supersedes any previous agreement to which you and PAC may have been bound. This Agreement may be modified by PAC in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by PAC on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications.  If you do not agree with any such modifications, please immediately terminate your registered PAC account, if any, as outlined in Section 9 below, and please immediately stop participating in the Program and accessing and using the Website.

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. PAC has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

You may receive a written copy of this Agreement by emailing us via the Contact page, Subject: PAC Terms of Use Agreement.

This Agreement is divided into the following sections:

1. Participation in the Program
2. Proprietary Rights
3. Acceptable Use
4. Disclaimers
5. Limitation of Liability
6. Disputes with other Field Partners, SSPs
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
8. Indemnity
9. Term; Termination
10. Entire Agreement; Severability


1. Participation in the Program

PAC manages the Website, which matches you and other persons (each, a "Buyer" and, collectively, "Buyers") with under-banked or low-income Small Scale Producers and social enterprises in various countries (each, a "SSP" and, collectively, "SSPs") in need of working capital. In most instances, these SSPs are considered "high risk" by traditional lenders for a variety of factors, including, but not limited to, the SSPs' lack of credit history, the use of the loan proceeds for entrepreneurial endeavors including investment in a "start up" business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations. Please carefully review the Website section entitled "Risk and Due Diligence" which highlights the various risks associated with lending online through PAC and explains in greater detail the role played by PAC and the Field Partners (defined below in this Section 1).

By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) PAC makes no representation, warranty, covenant or guarantee that any funds dispersed to a SSP via the Website will be repaid in whole or in part, (b) purchase orders and other similar transactions made via the Website (each, a "PO") are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will purchase only those amounts on the Website that you can afford to lose. Purchases made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security.  Purchases made via the Website are not cancellable or refundable by the User.

1.1    Loan Disbursement. You understand that Loans are not made directly to SSPs and that PAC identifies existing domestic and international organizations (each, a "Field Partner" and, collectively, "Field Partners") that work in underbanked or low-income communities and generally have a stated mission to reduce poverty by providing affordable working capital to underbanked or low-income borrowers. Purchase requests are posted in cooperation with such Field Partners and are, before being listed on PAC, converted to US Dollar amounts as necessary and then rounded up to the nearest US Dollar increment of 25, to help streamline the Purchase transaction process. Funds from S.A.F.E. Certs purchased by you, the Buyer, will be delivered to Field Partners for ultimate disbursement to, or backfilling of a PO to, the SSP(s). In certain cases, SSPs may receive goods and services funded by PO amounts, such as agricultural packages, from Field Partners, instead of the monetary amount of the Loan. A Field Partner may voluntarily choose to pre-fund your SSP in the short-term from its own funds in anticipation of receiving your PO amounts as backfill. This helps reduce the time the SSP needs to wait until the PO is purchased on the Website and the funds are delivered on a net billing basis to the Field Partner. PAC serves as a middle-man in the process and aggregates funds from multiple Buyers via the Website and delivers 100% of these funds on a net billing basis (excluding the interest earned, if any, on such funds while they are held in a PAC user loan funds account, which interest is contributed to fund PAC's operations) to the Field Partner(s) for disbursement to the SSPs. Please note that many Field Partners require mandatory savings as part of their transaction process to serve as collateral, which savings may help ensure that SSPs are able to accumulate cash and represent a good risk. In certain cases, mandatory savings (and fees) are netted by Field Partners against the PO forwarded by PAC.

The process of disbursement to a SSP in a particular country, however, may vary from the standard disbursement structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In such cases, instead of PO funds being forwarded directly to the corresponding Field Partner, PAC may, for example, have to transact with other intermediaries, such as the Field Partner's U.S.-based affiliates or other third parties licensed in the particular country to transact in foreign currencies, to structure a different indirect funding process to enable a SSP to ultimately be supported by a PO from you.

Field Partners are solely responsible for screening and selecting each Borrower (including, without limitation, posting requests for POs on the Website) and making all PO disbursements, and PAC expressly disclaims any responsibility to screen or select any SSP or any Field Partner or monitor the disbursement of PO proceeds from the Field Partner(s) to the SSP(s).  PAC and its Field Partners shall have no liability whatsoever with respect to such screening or selection of SSPs or Field Partners and the disbursement of Loan proceeds from the Field Partner(s) to the SSP(s), and you shall hold PAC and its Field Partners harmless from, any and all liabilities with respect to, or resulting from such screenings, selections and disbursements.

1.2    PO Delivery. POs are filled directly by the SSP(s) to the Field Partner(s). As SSPs deliver the PO, the Field Partner(s) will post a record to PAC of such delivery actually received by the Field Partner(s), and it is the responsibility and obligation of the applicable Field Partner(s) to distribute goods to you. In some cases (for example, for POs in Spain), the records of repayments are not posted on the Website as the buyer is responsible for collecting in Spain, as a result of certain system and country regulatory constraints.  Delivery may be made in periodic installments, depending on the terms of the applicable PO. In some cases (for example, for Loans in Spain), delivery may only be provided at the end of a fixed term (for example, after 12 months), as a result of certain system and country regulatory constraints.  Except as may be provided in Sections 1.4 ("PO Loss Scenarios") and/or Section 1.9 ("Promotional Products") below, any amounts actually received by PAC from a Field Partner(s) as repayment by the applicable SSP(s) will be distributed among the Buyers on a pro rata basis in accordance with the amounts purchased by such Buyers to such SSP(s). These distributions may, in PAC's sole discretion, be made periodically or in one lump sum once 100% of all PO proceeds for a particular PO have been received by PAC. Furthermore, please note that timing of distributions to Buyers of any collected repayment may vary and may be materially impacted because of circumstances that, in PAC's judgment, require PAC to conduct further reviews with respect to the collected repayments (by way of one example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If, for any reason, the Field Partner(s) are unable to collect delivery directly from the SSPs or if PAC, for any reason, is unable to collect delivery directly from the Field Partner(s), delivery of your PO amounts could be at risk of partial or total delay or non-delivery and a loss of some or all of your principal could occur. You hereby acknowledge and agree that neither the Field Partner(s) nor the SSP(s) will have direct contractual obligation or liability to pay you any principal and that PAC is obligated to repay only such PO to the extent actually received by PAC from a Field Partner with respect to a SSP (subject to the conditions noted above). None of PAC, its Field Partner(s) or any SSP will have any obligation to pay interest on the PO or other fees or amounts (other than as expressly set forth above) to you or any other Buyer in connection with any PO you buy. At this time, PAC does not charge interest on any PO posted on the Website. However, you should note that Field Partners may charge interest and fees to Borrowers to, for example, cover their operational expenses.

1.3    PO Records. Records of each PO you purchase (including this Agreement and any delivery history) are kept by PAC and, if you have a registered account with PAC and upon your written request, will be made available to you at any time until delivery of the PO.

1.4    PO Loss Scenarios. You understand and hereby consent (without any prior notice thereof) to any restructuring of the delivery plan for your PO and/or, in PAC's sole discretion, any extension of the length of the term of your PO in order to increase the chances that your PO is delivered or that amounts of your PO are fully credited. PAC will generally deem a PO to be in default if PAC determines that collection of funds from a Field Partner for such PO is doubtful or the cumulative amount repaid as of a quarterly reconciliation is less than the amount expected as of six (6) months prior, although case by case differences may exist based on pending prospects for delivery of the PO and depending on country context and related system and regulatory constraints. In cases where a PO is in default, and subject to the distribution timing provisions noted in Section 1.2 (PO Delivery) above, each applicable Buyer will have the option to recover whatever has been delivered up to that point.

For POs made in local currencies other than the US Dollar, PAC gives Field Partners the option to have Buyers share the risk of principal losses resulting from currency exchange rate fluctuations.  Field Partners may require Buyers to bear any losses due to the appreciation of the US Dollar by over 10% relative to the local currency in which the PO was made. 

If for any reason less than 100% of your PO is delivered, you agree that PAC and its Field Partners (as well as any "related Field Partner entity" –  for example, one that as part of a restructuring or otherwise, assumes control over such a Field Partner, its assets and/or its obligations) shall have no liability therefor, and you hereby release and forever hold harmless PAC and its Field Partners and any "related Field Partner entity" for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.

1.5    Insufficient Buyer Funds. In the event that you purchase a PO and your payment does not clear (e.g., an eCheck does not validly deliver to PAC the full amount of the intended PO, or your payment provider reverses a payment originally intended for PAC), you agree that PAC may, in its sole discretion, (i) offset the amount of the insufficiently funded PO against your S.A.F.E. Cert or (ii) withdraw and cancel your insufficiently-funded PO from your account as not paid in full.


1.6    User Account Inactivity; Instructions for Auto-Donation of Funds to PAC. PAC welcomes its Users' active participation in the PAC Program. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not collect on their PO or there are no credits/withdrawals made to such User's account. Therefore, PAC may implement features pursuant to which any remaining balances in your account to be handled in the event your account were to become inactive for a period of 12 or more consecutive months -- namely, whether in such a case of User inactivity, you (i) wish to automatically donate remaining funds in your account to PAC's general operating expenses to further PAC's philanthropic mission. In addition, in such cases of User inactivity, PAC may elect to automatically terminate the inactive User account.  

For Users who join PAC on or after 12:00PM on April 20, 2015: you will upon purchase automatically be opted-in to instructing PAC to auto-convert any remaining account balances as a donation to PAC's general operating expenses to further PAC's philanthropic mission if your account were to become inactive for a period of 12 or more consecutive months.

1.7    Promotional Products. PAC may offer certain promotions and promotional products to Users.  Any specific terms posted by PAC with respect to such promotions and promotional products, as well as this Agreement, shall apply to all Users’ participation in the promotion and use of promotional products.

1.8    PAC API.  The PAC API is a service that PAC provides to allow third parties to develop and offer applications, services and features using information from the Website and Program (“Third Party Applications”).  Third Party Applications are not created or maintained by PAC but by third parties.  These third parties’ terms of service and privacy policies govern your use of Third Party Applications.  Any authorization you give to any third party or Third Party Application to take actions on your behalf does not relieve you of any of your responsibilities under this Agreement.  PAC gives no guarantees or warranties with respect to any Third Party Application and is not responsible for your use or inability to use any Third Party Application, including without limitation the content, accuracy, reliability or security of Third Party Applications or the privacy practices or other policies of third parties.  To revoke permissions that you have granted to a Third Party Application, you may revoke these permissions by logging into your account on the Website or by contacting PAC.


2. Proprietary Rights

"PAC", the "PAC" logo and other PAC graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of PAC ("PAC Marks"). PAC Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PAC.  PAC or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by PAC thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks and other proprietary information of PAC and its licensors. You may display and make limited copies of the Content (other than the PAC Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of PAC. In addition, to the extent you receive information from PAC, its Field Partners or the SSP with respect to any SSP, and that information is later removed from the Website (including, without limitation, due to the PO delinquency or default of a particular SSP or the sensitive nature of particular SSP profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such SSP, if such SSP (either directly or through the corresponding Field Partner or PAC) has opted to have his or her identity withheld on the Website.

If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to PAC in connection with or arising from your participation in the Program, including without limitation any feedback provided to PAC (collectively, "User Generated Content"), you agree to grant, and hereby grant to PAC an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license.  In addition, you agree to release, discharge and agree to hold harmless PAC from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.

You acknowledge, consent and agree that PAC may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of PAC, its users, or the public. Please see the Privacy Policy for more information regarding the use and disclosure of your information as part of the Program.

To file a notice of infringing material on the Website, please provide a notification containing the following details:

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your physical or electronic signature.

Then send this notice with a copy in Spanish to:

By Mail:

The People's Agricultural Collective
Attn: Copyright Infringement
Calle Cruz de La, Num. 5
Planta 1
29620 Torremolinos - (Malaga, Spain)

The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by PAC, and PAC is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by PAC. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

3. Acceptable Use

You may access and use the Website for your personal, non-commercial use in connection with the Program. The Website may not be accessed or used by you in connection with any other endeavors -- commercial or otherwise -- except as previously approved in writing by an authorized representative of PAC. Your access and use of the Website and participation in the Program shall be in strict compliance with this Agreement, including, without limitation, PAC's Privacy Policy, all other procedures and guidelines set forth on the Website and as part of the Program, as well as applicable law. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of PAC, any User, Field Partner or any other person.  You may not use the Website in any manner that, in PAC’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” lending team pages (loading a page description with keywords in an attempt to manipulate the page’s ranking in search results).  You may not engage in advertising to, or solicitation of, any User, Field Partner, SSP or any other person to buy or sell any products or services through the Website. Only authorized Field Partners and their authorized SSPs may offer a PO on the Website or otherwise through the Program. You may not transmit any chain letters, junk email or "spam" to any User, Field Partner, SSP or any other person. PAC has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of the Website or exploitations of the Program, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any User, Field Partner, SSP or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

Although PAC assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or creating or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Loan profile, or (iii) contact, advertise to, solicit, or sell to any User, Field Partner, SSP or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, PAC reserves the right to remove content from the Website that violates acceptable use in PAC's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that PAC deems appropriate, in PAC's sole and absolute discretion.

PAC reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in PAC's opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.

In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to PAC, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.  You agree not to impersonate any person or entity.

4. Disclaimers

PAC is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Borrower or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Field Partners are not liable for content created and posted on the Website. PAC is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, PAC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.

Under no circumstances will PAC be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. PAC does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.

THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM.

PAC makes no representation or warranty, express or implied, with respect to any third party data provided to PAC or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. PAC will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by PAC or "force majeure" or any other cause beyond the control of PAC.

5. Limitation of Liability

You understand that any and all decisions made by you with respect to the Website and Program are yours alone. PAC cannot and does not verify the accuracy of information from Field Partners, other Users or SSPs. PAC shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of purchasing a PO from a SSP or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will PAC be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if PAC has been advised of the possibility of such damages, costs, losses or expenses.

6. Disputes with other Field Partners, SSPs

PAC is not responsible for your interactions with any Field Partners, any other User or any SSP (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions.

PAC reserves the right, but has no obligation, to monitor disputes between you and such persons.

7. Governing Law; Resolution of Disputes; Arbitration and Waivers

This Agreement is governed by the laws of the Spain, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and PAC, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Torremolinos if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which PAC is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and PAC. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Spanish statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or PAC may seek any injunctive relief in a state or federal court in Torremolinos, Spain, as may be necessary to preserve rights pending the completion of arbitration and PAC may seek any injunctive relief in a state or federal court in Torremolinos, Spain, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND PAC HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.

You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.

8. Indemnity

You agree to indemnify and hold PAC harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.

9. Term; Termination

This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, PAC may make features available to Users as part of the Program. PAC reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website or any PAC services, may be determined by PAC in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to PAC along with instructions for the disposition of your then-available PAC Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active Loans), such notice to be effective within three (3) days of receipt by PAC. PAC may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to PAC. Upon such a PAC-initiated termination, your available PAC Credit shall be returned to you within thirty (30) days of account termination and any PAC Credit you may receive in the future shall also be returned to you in due course. If your participation in the Program and registered account is terminated by PAC, you agree not to access or use the Website or participate in the Program.  If you violate this Agreement or if your participation in the Program or registered account is terminated, PAC has the right to delete your profile and remove your User Generated Content.
10. PAC Resources; Independent PAC Events
PAC does not review, approve, endorse, advise, or provide organizational oversight of PAC-themed clubs and/or events established or held by persons who are not PAC employees.  For example, educators and students might form independent school PAC clubs or hold PAC-themed lessons, and Users might host PAC-themed events in their communities.  While PAC makes resources available, such as event ideas, PAC in a box, PAC U Toolkits, and lesson plans (collectively, the “Resources”), individuals and groups that use the Resources do not have any official affiliation with PAC.  Although PAC does not provide direct oversight or guidance to PAC-themed clubs, groups, and/or events, you agree to uphold PAC’s values at all meetings and events, and in any promotion of your club, group or event.  This means that you will promote an environment where all group members and/or event attendees are treated with respect, and are not discriminated against based on factors such as race, ethnicity, religion, gender or gender identity, sexual orientation, age, national origin, disability, or socioeconomic status.
 
You agree and understand that all Resources are provided on an “AS IS” and “WITH ALL FAULTS” basis, without warranties or representations of any kind, either express or implied.  Your use of the Resources is at your sole risk, and PAC expressly disclaims all liability arising from or relating to the Resources.  While PAC strives to provide useful and accurate information, PAC does not warrant that the information offered in the Resources is free of errors or opinion biases.  You further understand and acknowledge that you may be exposed to content that may be deemed offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PAC with respect to the Resources.
 
YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR THAT MAY BE SUSTAINED BY OTHERS IN CONNECTION WITH YOUR USE OF THE RESOURCES AND/OR YOUR PAC-THEMED MEETINGS OR EVENTS.  YOU HEREBY RELEASE AND FOREVER HOLD HARMLESS PAC FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.

10. Entire Agreement; Severability

This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and PAC regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us via the Contact form on the Contact page with any questions regarding this Agreement or at the following address:

The People's Agricultural Collective
Attn: ToU Agreement
Calle Cruz de La, Num. 5
Planta 1
29620 Torremolinos - (Malaga, Spain)

Please make sure to include both English and Spanish translations of any correspondence.