TERMS OF USE
(Version effective as of 1 June 2015)
Welcome to the home of Agri Western-Cape, a website currently located at www.growinggreatness.co.za.
Important Notice
1. Please read our terms of use carefully. Your use of this web site and any of the services offered on this web site will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site or use any of the services available via our web site.
2. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
3. If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site, using any of the services on our web site or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site. We may require your parent or legal guardian to complete a consent form to confirm such consent prior to allowing you use our services or to participate in activities offered on this site.
4. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.
Should you have any questions regarding this site’s terms of use, please send an e-mail to us at [email protected] or submit it online from our www.growinggreatness.co.za page.
Part A: General Information and Terms
1. General Information
For your convenience, we have listed below some general information about ourselves:
2. Definitions
In these terms of use:
3. General Conditions of Use for this Web Site
Part B: Competitions
1. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:
2. All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
3. Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.
4. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
5. We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
6. Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
7. The judges decision will be final. We will not enter into correspondence.
8. All entrants’ information will be used only in accordance with our Client Information Processing Policy [insert link].
9. Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
10. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
11. We reserve the right not to award a prize in any situation where it would be unlawful to do so.
12. Multiple winners may be subject to tie-break to decide an outright winner.
13. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
14. Your name and place of residence may be published when winners are announced.
15. Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
16. No cash alternative is available to any prize unless expressly stated otherwise.
17. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
18. If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
19. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
20. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
21. YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE ECLUDED UNDER APPLICABLE LAW.
Part C: Contributor Guidelines
To be a part of our community and engage with other users on an ongoing basis, there are two non‑negotiable rules we enforce to protect users and ourselves:
Rule 1: We require and encourage users to share their opinions openly but with due consideration for others. In other words, we want users to express their opinions freely but without being abusive. While we appreciate constructive criticism we expect all users to treat others with respect. Users must also be at least 18 years old or have the consent of their parent’s or legal guardians to post comments, chat or blog on this site. We may require you to provide us with proof of your age and, if you are under 18, of the consent of your parent or guardian.
Rule 2: We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our web site content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. If it is available on our site, it is considered content. And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not include or be linked to any of the following, which we will probably consider to be unacceptable:
We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable items, as and when required without notifying users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact us directly on 021 860 3802 or email us at [email protected]
Part E: Complaints and General
1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online [insert link to form] or via email [email protected] our Customer Care Centre. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
2. Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.
3. These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
4. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
5. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
6. We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.
CLIENT INFORMATION PROCESSING POLICY
We are committed to protecting your privacy. We recognise our obligation to respect and protect the confidentiality of your personal and financial information. For this reason we have developed this policy to govern the processing of your information. Please read and consider this document carefully since it sets out our intended use of your personal and financial information. We require you to consent to this policy before we can render any services to you.
How we collect information
You recognise that in order to make use of our products and services you will have to provide us with certain information pertaining to you, failing which we may not be able to render such products or services to you. However, the choice of providing us with information remains yours at all times. We may collect information about you as follows:
We may also make enquiries with anyone for the purposes of verifying the accuracy of information already given to us.
Information we may hold
We may record and hold the following types of information about you:
We may hold your information collected hereunder for as long as you are subscribed to use our services and for at least five years thereafter or such longer period as may be required or permitted by law.
Why we need your information
We collect and will process your information for the following purposes:
Please note that we will not contact you telephonically for unsolicited marketing purposes or send unsolicited marketing communications to you by mail, facsimile, SMS or electronic mail if you have objected to receiving such communications by way of a public register recognised for such purposes by law or by notifying us of your objection in the prescribed manner. We will provide you with reasonable opportunities to object to receiving marketing communications in the manner prescribed by law, including upon your application to subscribe to our services and on each occasion when we send you such communications.
Please note that we may use a credit-scoring or other automated decision-making system to assess applications for subscription or orders. If we use an automated decision-making system, we will provide you with a description of the underlying logic of our decision-making system and provide you with an opportunity to make representations to us regarding the decision.
Sharing your information
Keeping your personal information secure is one of our most important responsibilities. We cannot disclose your information unless legally permitted thereto. Save as set out below, we will not transfer your information to a third party without your consent unless legally obliged thereto. In particular, we do not sell lists or databases with our clients’ information and will not provide any of your information to entities outside our group so as to permit them to market their goods or services to you. You agree that we may transfer your information to the following people and organisations in pursuit of the data processing purposes set out in this policy:
Please note that our sharing of your information may also involve the transfer thereof to third parties outside South Africa. In the event of such transfer, we will require that such third party also subscribes to protecting your information on terms similar to the terms of this policy.
Security
We will strive at all times to ensure that your records will always be protected against unauthorised or accidental access, processing or loss. We maintain this commitment to data security by implementing appropriate reasonable technical and organisational measures to safeguard and secure your information, including by using appropriate cryptographic techniques and access control mechanisms. If we use a third party to host, manage or process your data on our behalf we will require that such third party also commit to implementing appropriate reasonable technical and organisational measures to safeguard and secure your information. If we are not prevented by a law enforcement or regulatory agency, we will notify you as soon as practicably possible in writing and at your registered postal or email address if we believe that unauthorised access to your information may have occurred, providing you with such information as you may reasonably require to implement protective measures.
What role can you play in protecting your information and accounts?
Web Sites
When you visit any of our websites we may collect certain information about your usage preferences and history. Such information will be stored in a cookie on your computer’s hard drive by your web browser. Cookies are intended to assist and improve your use of our web sites. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all the features of our websites.
Every time you connect to our web sites we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
Your rights regarding your information
Provided that you give us suitable and adequate proof of your identity, you have a right to know which records we hold about you and to know the identity of all third parties which have been or are to be given access thereto. This can be done by submitting a written request in the prescribed form to us. We may charge a reasonable prescribed fee as notified to you in advance for processing such requests. We will not be obliged to provide you with information to the extent that we are prohibited or permitted thereto by applicable law.
You also have the right to require us to correct or erase any records we hold about you that we are no longer permitted to retain, is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or has been unlawfully obtained. This can be done by submitting a written request in the prescribed form to us. We will notify you of the steps taken as a result of your request.
Please contact us at [email protected] if you want to submit any request to us hereunder. We will provide you with the prescribed form and the amount of any applicable prescribed fee.
Objections
Please contact us at [email protected] if you want to object to our collection, processing, recording, protection, use or sharing of your information. Please note that we may require a reasonable period to comply with your objection and can only do so if permitted thereto by law and such compliance does not unreasonably prejudice our legitimate interests or that of a third party.
GENERAL DISCLAIMER
AGRI WESTERN-CAPE OBTAINS INFORMATION FOR ITS WEB SITE WHICH IT CONSIDERS RELIABLE, BUT AGRI WESTERN‑CAPE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND ANY RELIANCE THEREON WILL BE AT THE SOLE RISK OF THE USER. WE ARE NOT RESPONSIBLE FOR ANY CONTENT SUBMITTED BY OUR USERS. SUCH CONTENT DOES NOT REPRESENT OUR VIEWS AND IS NOT ENDORSED BY US. PLEASE NOTIFY OUR COMMUNICATIONS MANAGER AT [email protected] IF CONTENT IS UNACCEPTABLE TO YOU. ALSO NOTE THAT WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY OF THE SERVICES OR PRODUCTS OF OTHER PERSONS PROMOTED ON THIS SITE. PLEASE CONTACT THE RELEVANT SUPPLIER OF THE SERVICES OR PRODUCT IF YOU HAVE ANY PROBLEMS WITH SUCH SERVICES OR PRODUCT.
NEWSLETTER DISCLAIMER
Agri Western-Cape obtains information for its newsletter which it considers reliable, but Agri Western Cape does not guarantee the accuracy or completeness of such information and any reliance thereon will be at the sole risk of the user. Agri Western-Cape disclaims all liability regarding your use of the information provided. Third party advertisements and other third party material contained herein should not be ascribed to us. We do not review such material or endorse the products or services that may be promoted therein and disclaim all liability in respect thereof. Please notify our communications manager at [email protected] if content is unacceptable to you.
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