AgriCloud Terms and Conditions
2. Information on the website and/or application
Whilst every effort is made to update the information contained on the website and/ or App, neither ARC nor third party or data or content provider shall make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information which may be provided by any information contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website and/ or App. ARC reserves the right at any time to change or discontinue without notice, any aspect or feature of this website and/ or App. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website and/ or App at your own risk. If you find an error or omission at this site, please let us know.
3. Trade marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website and/ or App are registered and unregistered trade marks of ARC. Nothing contained on this website and/ or App should be construed as granting any license or right to use any trade mark without the prior written permission of the ARC.
4. External links
External links may be provided for your convenience, but they are beyond the control of the ARC and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external website and/ or App terms and conditions of use. No hypertext links shall be created from any website and/ or App controlled by you or otherwise to this website and/ or App without the express prior written permission of the ARC.
5. Public forum and user submissions
The ARC is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website and/ or App. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by ARC. ARC reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload file that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of ARC’s and/or a third party’s computer system and /or network;
5.4 violate any copyright, trade mark, other applicable South African or international laws or international property rights of the ARC or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific use
You further agree not to use the website and/ or App to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the ARC against any loss, liability, damage or expense of whatever nature which the ARC or any third party may suffer which is caused by or attributable to , whether directly or indirectly, your use of the website and/ or App to send or post any such message or material.
ARC makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and/ or App, the information contained on the website and/ or App, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of liability
ARC shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/ or App, any information contained on the website and/ or App, your or your company’s personal information or material and information transmitted over our system. In particular, neither ARC nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/ or App, any information contained on the website and/ or App, your or your company’s personal information or material and information transmitted over our system. In particular, neither ARC nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the website and/or application
The ARC does not make any warranty or representation that the information on the website and/ or App is appropriate for use in any jurisdiction (other than the Republic of South Africa). By accessing the website and/ or App, you warrant and represent to ARC that you are legally entitled to do so and to make use of information made available via the website and/ or App.
10. Email disclaimer
This email disclaimer and confidentiality note is enforceable and binding on the recipient/ addressee in terms of Section 11(1) and 11(3) of the Electronic Communications and Transactions Act 25 of 2002.
This email, any links and attachments transmitted with it may be confidential, legally privileged and protected by law and are the property of the Agricultural Research Council. It is intended for the sole use of the individual or entity to which it is addressed. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this email, links or attachments thereto, to any person whatsoever. Unauthorized disclosure and /or use may result in civil and criminal liability, applicable by law. If you have received this email in error, please immediately notify the sender and delete the email and its attachments (if any). Do not disclose the contents to any other person or use it for any purpose or store or copy or distribute the information contained in the email in any medium. Any disclosure, copying or distribution of the contents of this email transmission or the taking of any action in reliance thereon or persuade thereto, is strictly prohibited. At no time may you act on the information contained therein. Any views or opinions presented in tis email are solely those of the author and do not necessarily represent those of the ARC.
The ARC and the sender of the email accept no liability whatsoever for any loss or damages or howsoever incurred or suffered resulting or arising from the use of this email or its attachment. The recipient who uses the email hereby indemnifies the ARC and the sender against loss or damages suffered by any third arty. Neither the ARC nor the sender warrant the integrity of this email nor that it is free errors, viruses or that it has been intercepted. The ARC reserves the right to intercept, filter, view, block, delete, access, copy read and act upon this email massage and all email messages sent as reply messages to the email address of the sender. If this email message is used for purposes unrelated to the official business of the ARC, the ARC shall not be liable for any damage or loss caused by the contents of the massage and the sender shall full responsibility thereof in his/her personal capacity.
11.1 Entire agreement. These website and/ or App terms and conditions constitute the sole record of the agreement between you and ARC in relation to your use of website and/ or App. Neither you nor the ARC shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website and/ or App terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and ARC in respect of your use of the website and/ or App.
11.2 Privacy. The ARC acknowledge the legal obligation imposed by the Protection of Personal Information Act 4 of 2013.
11.3 Alteration. The ARC may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website and/ or App from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the website and/ or App.
11.4 Conflict. Where any conflict or contradiction appears between the provisions of these website and/ or App terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website and/ or App shall prevail in respect of your use of the relevant section or module of the website and/ or App.
11.5 Waiver. No indulgence or extension of time which either you or ARC may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
11.6 Cession. The ARC shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
11.7 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro no scrip to and remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effort.
11.8 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with website and/ or App, or any relevant terms and conditions, policies and notices or any matter related to or I connection therewith.
South African Promotion of Access to Information Act , 2000
This Acts intended to give effect to the constitutional right of access to information held by the State and by private bodies. The manual available below is to facilitate requested for access to recorded information of the company.
Copyright notice: © 2014 ARC. All rights reserved.
Copyright and all intellectual property rights in all materials, text, images, drawings and data (and any component thereof) made available on this website and/ or App (collectively ‘material’) are owned by ARC alternatively, ARC is the lawful user thereof and the materials are protected by both South African and international intellectual property laws.
To the extent possible, ARC hereby gives you permission to retrieve, store, cite or refer to or print material from the website and/ or App.
You are not permitted to re-produce, re-transmit, distribute, disseminate, publish, perform, broadcast, make an adaptation of, sell, offer, expose or hire any copy of the materials without the prior written permission of the ARC.