YOU WILL FIND THE USER AGREEMENT, GENERAL TERMS AND CONDITIONS OF USE, AND OUR PRIVACY POLICY IN THIS DOCUMENT PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.
1. Definitions
1.1. In this user agreement, the terms below have the following meanings:
1.1.1. “AgriBase Apps” means any online application software that is provided by or is connected with AgriBase Software Solutions (Pty) Ltd that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.2. “Site” means collectively our website/s and the AgriBase Apps.
1.1.3. “we”, “us”, “our” and “AgriBase” means the AgriBase Group of Companies, its affiliates and subsidiaries and any developers that AgriBase or Agribase Software Solutions (Pty) Ltd may employ from time to time.
1.1.4. “website” means the internet websites with the address portal.agribase.co.za or any website with a URL that is validly registered to AgriBase Software Solutions (Pty) Ltd.
1.1.5. “you” and “your” means the user of the Site and/or your legal guardian.
1.1.6. “personal information” means information relating to you or an existing legal entity connected to you, including but not limited to –
• any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person or legal entity;
• correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.
2. Conditions of Access
2.1. Your access to and use of the Site is subject always to the community guidelines and terms and conditions set out in this user agreement.
2.2. To avoid any confusion, you agree that these terms and conditions apply to your use of:
2.2.1. the website;
2.2.2. any AgriBase App;
2.2.3. any third party website or mobile application licensed to us;
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges or sms charges). AgriBase cannot be held responsible for these charges.
3. Your Acceptance and Consent
3.1. By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
3.2. When you install or download the AgriBase App, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA is part of this user agreement and will apply to your use of the AgriBase App.
3.3. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
4. Changes to this User Agreement
4.1. We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarise yourself with this user agreement regularly.
4.2. The current version of this user agreement will apply each time that you access and use the Site.
5. Your account
5.1. If you use the Site, you must keep your access details (including your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account, we could delete all access.
5.2. Once you’ve logged onto the Site, certain information, functionality and other features of the Site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the settings in the menu option.
5.3. AgriBase may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4. You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1. signing in as, or pretending to be, another person;
5.4.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
5.4.3. using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
5.4.4. gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
5.6 AgriBase may determine certain requirements that you will need to meet when choosing a password. These requirements may be changed from time to time and you may be required to update your credentials.
6. Full disclosure of all relevant facts and benefit entitlement
6.1. AgriBase might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
6.2. You guarantee that all information provided by you at any time to AgriBase on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.
6.3. You guarantee that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.
7. Electronic communication and records
7.1. When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
7.2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by AgriBase. This includes, but is not limited to mobile push notifications.
7.3. If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from AgriBase, you may change the way you receive your communication on the website, or you can phone our contact centre.
7.4. AgriBase takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
7.5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
8. Copyright
8.1. All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to AgriBase (unless we expressly state that it does not) and is protected by South African and international law. In addition, the compilation of all content on the Site is the exclusive property of AgriBase and is protected by South African and international copyright laws.
8.2. Except if permitted under this or another agreement with AgriBase no portion of the Site may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
8.4. You agree that if you breach the terms of this clause 8, AgriBase will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. AgriBase will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the Site should be regarded as granting any licence or right to use any trademark without AgriBase’s prior written permission and/or that of any third party.
8.6. AgriBase tries to ensure that the most sophisticated technology protects the information on the Site. However, AgriBase cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
9. Disclaimer
9.1. The Site and all information, content, tools and materials are provided by AgriBase on an “as is” and "available” basis, unless we inform you in writing.
9.2. AgriBase does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.
9.3. AgriBase does not guarantee that
(i) the Site;
(ii) the information, content, tools or materials included on the Site;
(iii) the AgriBase servers; or
(iv) that any electronic communications sent by us are free from viruses or other harmful components. AgriBase will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
9.4. We are fully committed to providing you with the best possible service. However, we are not responsible for:
9.4.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of AgriBase; or
9.4.2. any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.
9.5. Neither will we be responsible for any direct or indirect loss or damages that may arise from:
9.5.1. any of the events described in this paragraph or the paragraphs above; 9.5.2. your actions or omissions that result in a breach of this user agreement;
9.5.2. any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites;
9.5.3. a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put AgriBase in disrepute; or
9.5.4. your reliance on any of the information, content, tools or materials that you obtain from the Site.
9.6. It is very important that you acknowledge and understand that the information included on the Site should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your Broker should you require any financial services or financial products.
10. Indemnity
10.1. While AgriBase makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Site or whether they are complete, accurate or appropriate.
10.2. You agree to fully indemnify AgriBase, its directors and employees and will not hold us responsible for any claim relating to your use of the Site.
10.3. You agree to fully indemnify AgriBase, its directors and employees from any errors or inaccuracies or incomplete information made available by third parties on the Site and agree that we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
10.4. You agree that all information, including products and services or any terms or conditions relating to them, on the Site may change. AgriBase will notify you of the important changes within a reasonable time.
10.5. You agree that any calculations made on the Site, are estimates and are meant as guidelines only.
10.6. AgriBase is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.
10.7. All products and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
11. Phishing and spoofing
11.1. If you receive an unsolicited e-mail that appears to be from AgriBase and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your AgriBase information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer".
11.2. AgriBase will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. AgriBase cannot be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.
12. Linking to third party websites
12.1. The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of AgriBase and AgriBase is not responsible for the information, content or material on any linked website, including any link contained in a linked website, or any changes or updates to a linked website.
12.2. AgriBase is providing these links to you only as a convenience and you agree that the inclusion of links does not imply an endorsement by AgriBase of the linked website, their business or security practices, or any association with its operators.
12.3. From time to time AgriBase may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Site. We apply every effort to ensure that our sub-contractors comply with our Privacy Policy and accepted security standards and they will be accountable for any non-compliance.
12.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
13. Applicable law
13.1. By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
14. General Provisions
14.1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
14.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
14.3. No failure or delay by AgriBase to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
This privacy policy is complementary to, and should be read and understood together with the general terms and conditions of use set out in Section A above.
1. The General Principles of our Privacy Policy
1.1. This privacy policy covers how we treat your personal information collected electronically when you use the Site, register or apply online for any AgriBase products or services, or when you contact AgriBase electronically.
1.2. AgriBase respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
1.3. When dealing with your personal information we apply the following:
1.3.1. AgriBase will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so;
1.3.2. AgriBase will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give AgriBase your express written permission to do so, or unless AgriBase is permitted or required to do so by law.
1.4. By using the Site, registering or applying online for any AgriBase product or service, or contacting AgriBase electronically, you provide AgriBase with your express written permission to share your personal information within the AgriBase Group of Companies, in the ordinary course of AgriBase’s business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.
2. What do we mean by Personal Information
2.1. Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number or any information you use to register for the website.
3. How we collect your Personal Information
3.1. Whenever you use the Site, complete an application form, contact AgriBase electronically, or use one of the products, services, facilities, tools or utilities offered by AgriBase on the Site, AgriBase will collect your personal information.
4. Why we collect and use Personal Information
4.1. In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for AgriBase to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why AgriBase would collect your personal information:
4.1.1. for AgriBase to process your instructions or requests;
4.1.2. for AgriBase to ensure that we meet your needs, AgriBase may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs;
4.1.3. once AgriBase has collected and analysed your personal information, AgriBase may send you promotional material or details which we think may be of interest to you;
4.1.4. to conduct market research;
4.1.5. to conduct academic research. This research is conducted to evaluate and improve AgriBase’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised. No personal information will be made available to a third party without your written consent. If we publish the results of this research, you will not be identified by name.
4.2. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given AgriBase your consent you no longer wish AgriBase to use or share your personal information, you may at any stage withdraw your consent.
5. Protection of your Personal Information
5.1. AgriBase values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information AgriBase has concerning AgriBase clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
5.2. When you use the products, services, facilities, tools or utilities provided by AgriBase on the Site, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
6. Correction of Personal Information
6.1. If you ever want to update or correct any of your personal information held by AgriBase, you can e-mail us or you can phone our contact centre. –
7. Personal Information held by or disclosed by you or AgriBase to a third party
7.1. Because AgriBase is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), AgriBase does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.
8. Cookies and Online advertising
8.1. AgriBase uses cookies. We use the word “cookie” to refer to information that is sent from the Site to your hard drive, where it is saved. In this way, the next time you use the Site, AgriBase will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history.9. Changes to this Privacy Policy
9.1. AgriBase may amend this privacy policy from time to time. We will give you notice of any material changes within a reasonable time; however, we recommend that you familiarise yourself with this privacy policy regularly.
9.2. The current version of this privacy policy will govern the respective rights and obligations between you and AgriBase each time that you access and use the Site
10. Which laws apply to this Privacy Policy
10.1. This privacy policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy. you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.