Terms & Conditions

Terms & Conditions

The Terms, Conditions and Privacy Policy (“Terms”) governs the purchase of the Vendor’s Products hosted on the AgMarket platform (“AgMarket Website”). By checking the “I accept the Terms, Conditions & Privacy Policy” option and by utilising the AgMarket Website, the User agrees to be bound by the Terms as set out in this legal notice.

 

In this Agreement unless otherwise required or indicated by the context:

• “AgMarket”shall mean AgMarket (Proprietary) Limited, a South African based private company with limited liability and registration number 2015/319111/07 and with its main offices located at 11 Byls Bridge Boulevard, Building 14, Block C, Ground Floor, Centurion, 0157, who is an agricultural market services company and provides a platform to Vendors to market and sell their Products on the  AgMarket Website in the Republic of South Africa and who is the owner of all copyright subsisting in any and all works/material contained on the AgMarket Website;
• “AgMarket Website”shall mean the AgMarket Website hosted on the AgMarket platform where a User can buy products supplied by the Vendors that is located at the domain name www.agmarket.co.za;
• “Personal Information” means any information that may be used to identify a specific person or defined as such in terms of the Protection of Personal Information Act, No. 4 of 2013 and the Electronic Communication and Transaction Act, No 25 of 2002;
• “System Data”shall mean usage, transactional and device-related data that is collected automatically by AgMarket;
• “User”shall mean any person who accesses or uses the AgMarket Website, and reference to “you” shall have a corresponding meaning;
• “User Data”shall mean any data or content entered or captured by a User by means of the AgMarket Website, including data needed by the AgMarket Website to allow the User log on/register to AgMarket Website online, which data may include Personal Information of the User;

 

AgMarket Website

AgMarket provides the AgMarket Website as a platform for Vendors to market and sell their products hosted on the AgMarket platform and whereby Users can purchase the products.

This Agreement regulates the use of the AgMarket Website, which is developed and owned by AgMarket.

Registration as a User

To purchase products or to create a product wish list, all new Users will need to register on the AgMarket Website. When creating an account, you must ensure you provide AgMarket with information that is accurate, complete, and current at all times. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you have selected to access the AgMarket Website. You are responsible and for any and all activities or actions performed under your profile, whether your password is stored with AgMarket or a third-party service. You agree not to disclose your password to any third party. You must notify AgMarket of any breach of security or unauthorised use of your account immediately upon becoming aware of such a breach or unauthorised use of account.

After the User ‘s password to their account has been entered, AgMarket will assume that any transaction made using the AgMarket Website is authorised by the User. If an unauthorised third party uses the User’s password to access their profile, AgMarket may process the transaction and the information provided as if the User authorised it.

Availability of the service

If the User is in an area where there is weak or limited connectivity and/or the User attempts to access the AgMarket Website whilst being offline, the AgMarket Website may not function correctly, and the User may not be using the most recent version of the AgMarket Website. AgMarket will not be liable for any damages suffered by a User arising from the use of an outdated version of the AgMarket Website or from using the AgMarket Website in an area of weak or limited connectivity.

Standard data costs will be charged when a User utilises the AgMarket Website. These costs are charged by the User’s mobile network operator or internet service provider, and AgMarket will in no way be held liable for any claim arising from these data costs including any claims of heightened data usage. Any questions related to a User’s data costs must be referred to their individual mobile network operator or internet service provider.

The AgMarket Website service may be interrupted for one of the following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. AgMarket may discontinue some or all of its services, including certain features and the support for certain devices and platforms, at any time.

Events beyond the control of AgMarket may affect the services offered. Such events may include events of force majeure and vis major, industrial disputes, strikes and lockouts, actions of Government and any competent authorities, political and economic sanctions imposed by any State or other person; and war, riots and civil unrest.

Hosting and transfer of data

Data relating to the User, including User Data and System Data, may be hosted and processed in a country or jurisdiction other than the one where the User is based in, and may be transferred to suit the AgMarket’s operational requirements between countries around the world that may not have the same data protection and privacy laws as in the User’s jurisdiction. AgMarket will not host or transfer such data to a country or jurisdiction that does not support data protection and privacy laws to the same standard as those set out in the Terms.

Links to other websites

AgMarket’s service may contain links to third-party websites or services that are not owned or controlled by AgMarket, including any third-party credit and debit card payment service. AgMarket has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The User further acknowledges and agrees that AgMarket shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Transacting through the AgMarket Website

AgMarket and any third-party credit and debit card payment service will act on instructions that appear to have been sent by a registered User. The User must confirm that any purchase made is correct with respect to the contents of their purchase. Once the User submits their transaction it cannot be reversed. AgMarket is not responsible for any loss the User may suffer if the User enters the incorrect details for their transaction. AgMarket will process the User’s instruction to debit the User’s account in real time.

The User will receive confirmation of their purchase order once the shopping cart tab of the User’s profile menu of the AgMarket Website has been updated and reflects the order number of the transaction. Up until that point in time the User should not assume their transaction has been processed. AgMarket is not responsible for any loss or damage the User may suffer because they repeated a purchase and in consequence thereof AgMarket repeated the debit from their account.

Payments

A valid payment method, including credit card or electronic fund transfer, is required to process the payment for a User’s purchase. The User shall provide AgMarket or its designated third-party payment processing company, with accurate and complete billing information including their full name, address, telephone number, and other information required for a valid payment. By submitting such payment information, the User automatically authorises AgMarket to charge the fees for the products in the shopping cart.

AgMarket makes use of third-party payment processing companies to collect payment information, which may include your credit card number, billing address and phone number. AgMarket will only share this payment information with such third-party processing companies as required. AgMarket will not collect or store any User’s payment information.

Refunds

Except when required by law or provided for by a specific AgMarket Vendor Return/Refund policy, paid amounts for the products purchased are non-refundable.

Termination of the service

AgMarket may modify, suspend, or terminate the User’s access to or use of the AgMarket Website anytime and for any reason, if the User violates any law, Term/s of this Agreement or creates harm, risk, or possible legal exposure for AgMarket, its users or any other third party.

The following provisions will survive any termination of your relationship with AgMarket: “Confidentiality and non-solicitation”, “Indemnity and limitation of liability” and “Copyright and “Intellectual Property”.

Privacy policy

AgMarket is committed to protecting the User’s privacy. This privacy policy explains how AgMarket shall collect and use customer information, which may include Personal Information as well as what the User’s access rights to the information and/or data are.

Information that you provide

When a User registers as a User and through the ongoing use of the AgMarket Website, AgMarket shall collect information from the User, whether provided directly by the User or collected automatically, including but not limited to one or more of the following fields:

• Personal details such as name, surname, gender;
• Contact details, such as email address and contact number;
• Preferenceswith respect to the use of AgMarket Website.

Collecting of service-related information

The following types of information are collected in the background through the User’s use of the AgMarket Website:

• System datarelating to the User’s device or Internet connection, such as the User’s device’s operating system, browser or IP address;
• Usage dataregarding the User’s use of the AgMarket Website;
• Analytics datain aggregate and anonymous format via third party tracking services such as Google Analytics;
• Transactional informationregarding payment transactions where applicable, such as payment receipts, from third parties processing any payment made by the User.

Security and protection of information

The User’s user and System Data are private and confidential and are treated as such. AgMarket takes all reasonable steps to secure and protect your data during hosting and transmission and to ensure that your information is handled in accordance with the Terms.

However, it is possible for Internet-based communications to be intercepted or servers to be hacked. AgMarket will not be responsible for any damages the User or any third-party may suffer as a result of the hosting or transmission of confidential or disclosed information that the User makes to AgMarket through the Internet, or that the User expressly or implicitly authorises AgMarket to make, or for any errors or any changes made to any transmitted information.

Whilst we will do all things reasonably necessary to protect your rights of privacy, and unless such disclosure is as a result of our gross negligence, we do not guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information, whilst in our possession, made by third parties who are not subject to our control.

To ensure acquaintance with and awareness of the privacy measures and policies of AgMarket, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

Using and sharing of information

AgMarket may not use and share the User and System Data we collect from the User, for any other purpose than to:

• facilitate any transaction through the Website;
• to process your payments, if products are purchased, to provide you with the order status, deal with your enquiries and requests and assess and handle complaints;
• to process and answer your inquiries or to contact you to answer any questions you may have;
• to develop and improve our services, communication methods and the functionality of the Website;
• to communicate information to you and manage your registration on the Website;
• to authenticate the identity of individuals contacting us by telephone, electronic means or otherwise;
• to understand and assess the interests, wants and needs of Users; and
• to inform you of new features, competitions and or specials.

AgMarket undertakes not to share or disclose any of the User’s Personal Inforation, other than as set out below:

• to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the purpose of this Agreement, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

 

• to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of any transaction through the Website;

 

• to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms;

 

• to our service providers who help with parts of our business operations and maintenance of the Website. However, our contracts dictate that such service providers may only use your information in connection with the services they perform for us and not for their own benefit; and

 

• when we believe, in good faith, that such release is reasonably necessary to (a) comply with law, (b) enforce or apply the terms of any of our user agreements or (c) protect our, our Users or any other relevant third parties’ rights, property or safety.

AgMarket retains the right to transfer the User’s information to a new owner if the ownership of all or substantially all of our business should change, in which case these Terms will still apply until the Terms are updated or amended by the acquiring party upon notice to the User. 

Using data for research and benchmark purposes

The User hereby provides consent for their de-identified User and System data to be used for research relating to purchases of the products. The User also consent to the use of aggregate User and System data for statistical and benchmark purposes.

Cookies policy

A cookie is a small text file stored by the User’s browser (for instance, Internet Explorer or Chrome) on the User’s computer or mobile device. AgMarket uses cookies to authenticate returning customers and to prevent fraudulent use of User accounts. Cookies can be disabled in the browser settings, but if a User disables them, they will not be able to log into the AgMarket Website.

Local storage

Local storage is a more secure way for web-applications to store large amounts of data locally in the User’s browser without affecting the web-application’s performance. AgMarket uses local storage to store some of the User Data to improve the application’s performance and to allow the User to use the application to some extent, whilst offline when an Internet connection is not available.

When a User logs out of the AgMarket Website any information stored in local storage is cleared. The User can choose to disable local storage in the settings menu. Please note that disabling local storage will detrimentally affect the User’s experience with the AgMarket Website.

AgMarket shall not keep the Persnal Information of Customer for a period that exceeds the purpose for which it is being processed for.

Data protection and use of information

AgMarket may, and the User expressly consents to, the collecting and processing of their Personal Information, User Data and System Data by AgMarket to open, administer and operate the User’s profile and account; provide any combination of services or analysis linked to AgMarket, monitor and analyse the conduct on the User’s profile and account for fraud, compliance and other risk-related purposes; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.

The User expressly consents that AgMarket may process and further process the Personal Information, User Data and System Data within AgMarket for the above purposes; disclose their Personal Information to any person who provides services to AgMarket or acts as their agent or to whom AgMarket has transferred or proposed to transfer any of their rights and duties in respect of a User’s account and/or share the User’s User Data and System Data with their services providers, locally and outside the Republic of South Africa, as necessary. AgMarket demands that any third-party service providers to AgMarket agrees to their strict privacy policies if they need to access any Personal Information to carry out their services.

The User acknowledges that AgMarket will at all times remain responsible for determining the purpose of and means for processing the User’s User Data and System Data; and AgMarket is required by legislation to collect certain of Personal Information from the User, without which AgMarket will be unable to offer the products for purchase by a User.

The User agrees that they are providing AgMarket with their Personal Information voluntarily and freely.

Whenever the User is of the opinion that AgMarket fails to comply with the Privacy Policy as set out herein, the User will contact AgMarket by sending a request on the “contact us” tab. AgMarket will review the User’s representations made by email and, if within their sole and absolute discretion advisable, take corrective action and in any event within 7 (seven) days respond to User informing about corrective actions taken, if any.

Indemnity and limitation of liability

Subject to the Privacy Policy, contained herein, the AgMarket Website and all content on the AgMarket Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and AgMarket, its Vendors, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. AgMarket makes no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link.

None of the content, including any information or articles published pertaining to specific aspects of the business of AgMarket, must be construed as advice in respect of such aspect. Neither AgMarket, its Vendors, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.

Neither AgMarket nor any holding company, affiliate, agent, subsidiary of AgMarket or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the AgMarket Website or any functionality, or of any linked website to the extent permissible by law.

The User indemnifies AgMarket against any loss or damages (direct, indirect and consequential) that AgMarket may suffer because:

• The User gave us wrong instructions or wrong information;
• The User does not have enough money in their bank account debited to pay for their order; or
• An unauthorised third party carried out an instruction or made a payment without the User’s permission, on their behalf.

The User acknowledges and agrees that the Terms are entered into between the User and AgMarket and does not govern the relationship between the User and any third party.

Amendments to the agreement

AgMarket may change, modify, add to or remove from portions or the whole of these Terms. Changes to this Agreement will become effective when the changes are posted on the AgMarket Website. AgMarket will notify the User of the by posting a prominent notice on the AgMarket Website. The User’s continued use of the AgMarket Website following the posting of changes or updates will be considered notice of the User’s acceptance of the updated terms in the Agreement, including any changes or updates.

Complaints and disputes

Users can file complaints by means of the “contact us” tab on the AgMarket Website. Currently, AgMarket does not subscribe to any alternative dispute resolution code or mechanism and a User may approach the courts should the dispute or complaint not be resolved.

Disclaimers

The User’s use of the AgMarket Website is dependent on factors beyond AgMarket control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity. AgMarket is not liable of any loss or damages the User may suffer if a factor beyond AgMarket’s control arises and you cannot access the AgMarket Website.

AgMarket nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s use of the AgMarket Website or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

AgMarket is not responsible for any loss or damage where:

• An unauthorised third party discovers and or utilises the User ‘s access codes;
• Any technical interruption, malfunction, downtime or other failure that affects the AgMarket Website, AgMarket banking system, a third-party system or any part of any database for any reason;
• Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the AgMarket Website;
• Any failure or problem that affects services provided by any other party for example any ISP, electricity Vendor, local or other authority; or
• Any event that AgMarket has no control over.

 

Confidentiality and non-solicitation

During the period of this Agreement and subsequent thereto, the parties will keep confidential and will not make use of, directly or indirectly, and, if applicable, will not disclose any of the parties’ confidential information which may include, but not be limited to, trade secrets, technical know-how and data, plans, drawings, systems, URLs, methods, software, processes, client lists, business affairs, Vendors' lists, marketing information or financial information, or those of its subsidiary or associate companies or those of persons who have made disclosures to a party under conditions of confidentiality, other than to persons authorised by a party or those employed by a party who are required to know such secrets or to have such information for the purpose of their employment with a party.

Should a party be uncertain as to whether any information is confidential or is a trade secret, the party will in writing request a ruling from the other party.

The User will immediately inform AgMarket should it at any stage during the period of the Terms become aware of any unlawful disclosure or use of any such confidential information by any other person.  The User will deal with the issue on a confidential basis.

The obligations contained in this clause will survive the termination of these Terms and will endure for a period of 3 (three) years after the termination.

Each party undertakes forthwith to inform the other of them in writing should any demand or request for information relating to or in connection with the subject matter of these Terms be received, irrespective of whether such request or demand is formulated in terms of any relevant legislation, or on any other grounds.

Breach

AgMarket may suspend or disconnect the User from using the AgMarket Website if they are in breach of a clause as contained in this Agreement and do not remedy the breach within 5 (five) days after AgMarket has requested them to do so. AgMarket may still take other legal steps available to them, including but not limited to applying to a court for an urgent interdict against the User.

Copyright and intellectual property

“Intellectual Property” shall mean without limitation, any and all inventions, specifications, patents, designs, trademarks whether registered or not, service marks, trade names and all goodwill associated with the foregoing; present and future copyrights and copyrightable works, including, but not limited to,  logos, devices, designs, technical or other drawings, cinematographic films, photographs, literary works, sound recordings and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar nature whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.

AgMarket has a non-exclusive license and right to sell and distribute the products of different Vendors in the Republic of South Africa.

All products available on the AgMarket Website belongs to third parties. AgMarket may provide links to third-party websites, as a convenience to the User.

The User agrees that AgMarket is not liable for any of the following:

• The content or the accuracy of any such content belonging to third parties, including, but not limited to any vendors, featured on the AgMarket Website;
• Any content featured on the third-party websites that are accessed through the links found on the AgMarket Website.

The User acknowledges that:

• They will have no claim to ownership, nor rights of any nature in and to any present and/or future copyright subsisting in any Intellectual Property featured on the AgMarket Website belonging to AgMarket and/or any third parties;
• AgMarket shall retain all right, title and interest in and to the Intellectual Property and the use of the AgMarket Website shall confer no right, title or interest in and to the Intellectual Property to the User;
• The use of AgMarket Website shall not confer any right in and to any present and/or future copyright subsisting in any Intellectual Property featured on the AgMarket Website belonging to AgMarket and/or any third parties other than for purposes of personal and private use of the AgMarket Website;
• The User shall have no right to license or sub-license any Intellectual Property to any person;
• The User shall not infringe, reproduce or incorporate in any works or other Intellectual Property rights of AgMarket and/or any third parties and shall not reverse engineer any Intellectual Property featured on the AgMarket Website;
• The User shall not publish any content, or content incorporating the Intellectual Property of AgMarket and/or any third parties on any platform, digital or otherwise and agrees and acknowledges that the content so published on the AgMarket Website shall be exclusive to the AgMarket Website;
• They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to AgMarket and/or any third parties featured on the AgMarket Website;
• They will not use AgMarket and/or any third party Intellectual Property that is featured on the present AgMarket Website present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country, including South Africa, to advance its own or another’s interests, business or otherwise;
• They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair AgMarket’s goodwill; and
• They will not use, register or attempt to register as trademarks trade names, corporate names, business names, domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to AgMarket’s present and/or future Intellectual Property in any country.

The User indemnifies AgMarket against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against AgMarket relating to the User ‘s unauthorised use, disclosure or sharing of the AgMarket Website, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.

Any breach of the Terms, specifically under this clause entitles AgMarket, in addition to their normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action AgMarket.

 

User feedback

Feedback provided by the User to AgMarket about any aspect or feature of the AgMarket Website may be used by AgMarket without any obligation to the User.

Choice of law

The AgMarket Website is controlled, operated and administered by AgMarket from its offices within the Republic of South Africa.

The Agreement will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng High Court in the event of any dispute.

If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.

General

This Agreement contains all the provisions agreed on by the Parties with regard to the use of the content and the AgMarket Website and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.

The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.

AgMarket may terminate the AgMarket Website any time, without notice.

If a User account is stopped or cancelled for any reason, AgMarket may suspend the User’s access to login to the AgMarket Website, until the User has a new account registered.

Notices

AgMarket will send any legal documents or notices to you to the email address registered on the User ‘s profile or through the AgMarket Website message system. AgMarket will regard a communication sent by email as having been received by the User one day after it was sent. Any legal document of notice to be served in legal proceedings must be written on paper and the User chooses its domicilium for these purposes to be the physical address provided by the User from the time to time.

User contact information

If you have any questions about the AgMarket Website you can contact us by means of the “contact us” tab.

 

Distribution and communication by email

Any email communication received from AgMarket is privileged and confidential and for the use of the intended User only. If a User receives an email in error, please notify AgMarket directly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, AgMarket ‘s spam scanners may eliminate legitimate email from a User. There is a duty on the User to ensure AgMarket acknowledges receipt of the User’s instruction.