1. CONDITIONS OF ACCESS
These terms and conditions of use become effective when you access this site for the first time and constitute a binding agreement between AFGRI Operations Proprietary Limited (formerly known as AFGRI Operations Limited), registration number 1995/005872/07, or its subsidiaries or affiliates, as the case may be (“us/we/our”) and yourself.
3. INFORMATION ON THIS SITE
3.1 All information on this site is only intended to provide you with general information about us, our products and our services (the “online services”).
3.2 All information regarding the product and services including information in respect of the terms and conditions or any other matters, is subject to change without notice.
4. THIRD PARTY INFORMATION
We may use the services of other third party organisations to provide information on this site. We have no control over the third party information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. We will not be directly or indirectly liable for any damages that may arise from your reliance on it.
5. AMENDMENTS TO THESE CONDITIONS
5.1 We may amend these conditions from time to time without notification to you.
5.2 By accessing this site you are bound to the version of the terms and conditions published at the time of any visit to this site. Unless otherwise stated, the current version shall supersede and replace all previous versions of these terms and conditions.
5.3 You agree to view the current version each time that this site is visited.
5.4 The current version of these conditions will govern the respective rights and obligations between us each time you access this site.
6. LINKED THIRD PARTY SITES
6.1 This site may contain certain images and links to other third party websites (“linked sites”) with information and material produced by other parties. The linked sites are not under our control and we are not responsible for the content of any linked site, including but without limitation to any link contained in a linked site, or any changes or updates to a linked site.
6.2 We are not responsible for webcasting or any other form of transmission from linked sites nor are we responsible if the linked site is not working properly.
6.3 We will provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site, their business or security practices or any association with its operators.
7. HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
7.1 If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “linking”), to this site, our prior written consent is required.
7.2 Our consent may be withheld or granted, subject to conditions specified by us.
7.3 Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
8. ABOUT SECURITY
8.1 We are committed to making sure that your online experience is safe and secure.
8.2 We use multiple levels of security, and state-of-the-art Internet technology, beginning with your browser and ending with our own security infrastructure to ensure that access to your terminal is private and secure.
9.1 We are committed to maintaining the privacy and security of your personal and private information (“user information”) submitted to us via the www.afgri.co.za website (“the/this website”). This privacy and security policy (“this policy”) outlines our practices and commitment to you in this regard.
9.3 By visiting www.afgri.co.za and supplying us with your information, you are accepting the practices described within this policy.
9.4 We are strongly committed to ensuring that the personal information you provide to us is treated securely and responsibly.
9.5 The decision to provide us with certain user information via the website is always up to you. It should however be noted that in financial dealings, withholding certain information may limit the services we are able to offer to you.
9.6 We will not collect or use user information without obtaining your consent. In instances where we do obtain user information from information providers, we will ensure that the third party has obtained valid consent before making use of such user information.
9.7 In respect of all marketing activities related to our services or products, consent to collect or use your information will be obtained from you. Should you choose to not provide consent, then consent will be implied (e.g. if you are given the opportunity to opt out of a specific form of information sharing, but choose not to do so, it implies that you choose to share this information).
9.8 It is important to note that where user information is provided for marketing services, it is only done so with your consent as described above. In addition, third parties chosen by any member within the AFGRI Group are tested by strict due diligence processes to ensure that your information is handled securely.
9.9 The type of user information you will be asked to provide will vary according to the product or services required.
9.10 We are made up of a number of different business units, that all collect information independently from our customers. We can serve you more efficiently by sharing information about your account or accounts among different business units.
9.11 Other companies may contact us for credit and financial information about you. We will, however, only share your information in the instances where a disclosure is made at your request or with your consent.
9.12 We are obliged to disclose information relating to regulatory and legal purposes, without your consent.
9.13 Information about you in general refers to personal information submitted to us via the website that identifies or relates to you, whether you are an individual or a business. This information includes but is not limited to details such as name, age, ID numbers, registration numbers, addresses and any other details that may be requested from time to time.
9.14 We have established procedures designed to ensure that your non-public personal information is as accurate and complete as possible, in accordance with reasonable standards. If you believe that our records contain inaccurate or incomplete information about you, please notify us in order to make the necessary amendments. Some changes will only be made once the necessary supporting documentation has been obtained. We will take reasonable steps to investigate your concerns and correct inaccurate information in a timely manner.
9.15 We may use user information to identify you and to offer a better online service.
9.16 Your information is required to enable us to contact you in the event of any query. We further use user information to bring to your attention details of our other services and products. The more we know about you, the better we can serve you.
9.17 Keeping your financial information secure is one of our most important responsibilities. This policy governs the behaviour of employees with regard to accuracy, confidentiality and security of all user information.
9.18 The only instances in which we are permitted to disclose user information is when it is:
9.18.1 required by law;
9.18.2 necessary to protect our interest;
9.18.3 in the public interest; or
9.18.4 credit reference agencies – Information about your personal debt owed to us may be disclosed to credit reference agencies, where you have fallen behind with payments and has not made proposals satisfactory to us for repayment of debt following formal demand or where you have given us written consent or where you have a cheque referred to drawer, the information is placed on a cheque verification service.
9.19 Our business units or subsidiaries may have their own privacy policies because the nature of the service or products demands a deviation from this policy. These specific policies will apply to and exclusively govern your use of the particular service or product.
9.20 Except as outlined above with regards to sharing your information, we will never sell user information to any other external party. It is important to note that where user information is provided for marketing services, it is only done so with your consent as described above..
9.21 We may use user information to send the user information on new services or products that may be of interest to you and from time to time will mail, e-mail or SMS information to you about us, our products and services or on the AFGRI Group and its products or services.
9.22 REGULAR NON-ENCRYPTED E-MAIL IS NOT SECURE. FOR THIS REASON WE WILL NOT INCLUDE CONFIDENTIAL ACCOUNT INFORMATION IN AN E-MAIL RESPONSE.
9.23 We will further never request from you, via the use of e-mail, to provide us with personal information, such as your account number; PIN or password, etc.
10. FINANCIAL CONTENT
10.1 We offer regularly updated financial and indices data (“financial content”) on this site. This information is offered free of charge and is for non-commercial use only.
10.2 You are strictly prohibited from placing or incorporating this financial content into any financial instrument, external programs, website feeds, etc.
10.3 You are strictly prohibited from modifying, altering or editing the text, data, content or links for any purpose.
10.4 The content offered by us may only be used on platforms which allow a functional hyperlink to access the website and takes you directly to our full website as displayed on our website. You are not allowed to display the content in a manner that does not permit successful linking, redirection or delivery to our official and applicable website.
10.5 We give no warranty, express or implied, as to the accuracy, reliability and completeness of any information provided through this financial content.
10.6 We do not accept any liability for loss or damage of any nature, including indirect or consequential loss, which may be attributable to the reliance on and use of the financial content. This service is offered free of charge and is for non-commercial use only.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to us.
11.2 You are authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
11.2.1 the material is used for considering use of the online services and for no other commercial purposes;
11.2.2 any reproduction of our proprietary material from this site or portion of it, must include our copyright notice in its entirety; and
11.2.3 the logos and trademarks shown on this site are our registered and unregistered trademarks, or that of third parties.
11.3 Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written consent, use our intellectual property or that of third parties for any purposes whatsoever.
12. SENDING OF INFORMATION
12.1 Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.
12.2 You accept that we cannot be held liable for any loss, or damage suffered by you as a result of unlawful activities by unscrupulous persons, as we cannot prevent such behaviour.
13. WARRANTIES AND REPRESENTATIONS
13.1 All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and we disclaim any liable to you in this regard.
13.2 We make no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaims all liability in this regard.
13.3 We do not warrant that the site or online services will be error-free.
14. DISCLAIMER AND LIMITATION OF LIABILITY
14.1 Use of this site and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from the use of this site and your reliance on information contained on it.
14.2 In no event will we be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to your use of this site or the online services or the information contained on this site or your inability to use this site or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
14.3 Without derogating from the generality of the above, and to the extend legally permitted, we will not be liable for:
14.3.1 any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, our system, databases or any of its components, beyond our reasonable control;
14.3.2 any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; or
14.3.3 any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.
15. CAPACITY TO ENTER INTO AGREEMENTS
15.1 You hereby warrant to us that you have the required legal capacity to enter into and be bound by these terms and conditions.
15.2 Minors must be assisted by their legal guardians when reading these terms and conditions.
16. YOUR LIABILITY TO US
You shall be liable to us for any liabilities, losses or expenses incurred by us as a result of any breach by you of these terms and conditions.
17. TERMINATION, SUSPENSION AND LIMITATION
17.1 We may:
17.1.1 set limits or conditions on the right to certain services, features or functions on this site;
17.1.2 restrict access to parts of or all of the services on the site; and
17.1.3 modify, suspend or discontinue this site, whether temporarily or permanently, without notice.
18. OUR ADDRESSES
Our’s address for any notice is:
12 Byls Bridge Boulevard
19.1 You acknowledge that we will use e-mail and notices on this site, as our main communication tool for all communications relating to this site, or these terms and condition.
19.2 An e-mail message will be deemed to be sent:
19.2.1 by you, at the time at which we are capable of accessing such message; or
19.2.2 by us, at the time shown on the message as having been sent, or if not so shown, at the time shown on our computer system as having been sent;
19.3 An e-mail message is deemed to be received:
19.3.1 by you once it becomes capable of being retrieved by you; or
19.3.2 by us, once we have confirmed receipt thereof by you, or responded thereto, whichever is the earlier.
19.4 A message shall be attributed:
19.4.1 to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the message sent to us resulted from an error or malfunction in the communication system; or
19.4.2 to us, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by us and such system operated without error or malfunction.
19.5 Unless otherwise provided for in these terms a confirmation by us of receipt of a message from you is required to give legal effect to such message.
A certificate signed by us will constitute sufficient proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date, and will be regarded as correct unless the you prove the contrary.
21. APPLICABLE LAW AND JURISDICTION
The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
22. GENERAL PROVISIONS
22.1 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
22.2 Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.
22.3 No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against you.
22.4 If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law.