By accessing or using www.farmers.club or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Livestock Wealth Farmers Club (Pty) Ltd. (Reg: 2015/129884/07) , a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Framers Club.
Please see Farmers club’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities. Please read these terms carefully before accessing or using the Website and/or Services. Farmers Club will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
IT IS IMPORTANT TO NOTE THE FOLLOWING:
- The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Farmers Club or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 20 January 2020
- Our South African Agricultural Council registration certificate number is 155 of 11 November 2019.
- If you would like to be a contributing Farmer on the Website and make your Farmer Services available to be included for other users to use, you will be subject to the additional Farmers Agreement and be subject to its additional terms governing how you shall offer your Farmer Services. This Farmers Agreement is available below.
ALL USER TERMS
INTRODUCTION TO THE WEBSITE AND SERVICES
- Farmers Club provides an online shop allowing users to search for and purchase (“Buyers”) free range beef.
- The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Farmers Club uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
- Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Services.
- Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages and/or be a criminal offence.
RELATIONSHIP BETWEEN THE PARTIES AND FARMERS CLUB INTERMEDIARY ROLE:
- All users understand and expressly agree that a Farmer is at all times an independent contractor, and is not an employee of Farmers Club in any regard.
RETURN AND REFUND POLICY TO NOTE:
- If you are unsatisfied with your product for whatever reason, please make sure you log your return by emailing firstname.lastname@example.org within 1 days of receiving your product and our courier will collect from the same delivery address.
- If the product is returned in the same condition as it was received we will gladly refund or exchange your product, but please note you will be liable for the courier collection fee and the redelivery fee. This cost will be deducted from your credit due. Our prices and product description are on each product and are very accurate so please consider carefully before purchasing.
SALE PRODUCTS POLICY TO NOTE:
We do not offer returns or refunds on any sale products.
In the rare event of an incorrect delivery or defective product, please email email@example.com and we will make arrangements for the product to be collected and the correct product to be delivered.
- We recognize the importance of protecting the personal information you provide us with and guarantee not to share or rent this information in any way. We will not collect or use any information prior to your consent. Farmers Club will process personal information only for the purposes for which it was collected.
- Card transactions will be acquired for Farmers Club – using a secure payment gateway system. PayFast makes use of some of the tightest security measures in the industry, securing everything within a robust PCI DSS Level 1 environment, so your card details are guaranteed to be kept safe whilst shopping on our site.
- Your use of the Website or the Services is entirely at your own risk.
- Although Farmers Club carefully curates Farmer Profiles prior to being placed on the Website, Farmers Club is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
- Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by users via the Website. Farmers Club does not in any way verify nor confirm the adherence by same users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the services or information from any such regulated user.
USER REGISTRATION PROCESS
- In order to purchase a product on the Farmers Club website, you may be required to create a user “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
- Farmers Club requires you to submit your full name, email address, delivery address, and phone number when registering a Profile.
- To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring that you authenticate your Profile via email verification, as well as input your chosen username and password in order to grant access to your Profile and data. To view or change your personal information provided, you can update the information yourself using the tools provided on the “My Account” page of the Website.
- By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
- Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
Returns / Refunds Policy
Charges paid by you for completed and delivered orders are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion.
USER RESPONSIBILITIES AND WARRANTIES
By using the Website and/or the Services, you warrant that:
- You have read and agreed to these Terms and will use the Website in accordance with them;
- You have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
- You will timeously pay any due fees to Farmers Club when required to do so under these Terms;
- You are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Services;
- You will not post, upload, replicate or transmit any abusive content on the Website or to another user that is or could reasonably be considered, in Farmers Club’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
- You will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
- VAT is included in the cost of all products listed on the Website.
- You will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
- You will not use the Website platform for any commercial purpose other than as expressly provided for by Farmers Club and the Terms;
- You will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and/or
- You will not facilitate or assist any third party to do any of the above.
- The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
- Without prejudice to any of Farmers Club’s other rights (whether at law or otherwise), Farmers Club reserves the right to deny you access to the Website or the Services where Farmers Club believes (in its reasonable discretion) that you are in breach of any of these Terms.
- Farmers Club does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
RECEIPT AND TRANSMISSION OF DATA MESSAGES
- Data messages, including email messages, sent by you to Farmers Club will be considered to be received only when acknowledged or responded to.
- Data messages sent by Farmers Club to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- Farmers Club reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
- Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Farmers Club is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Farmers Club and a user or between users.
HYPERLINKS, DEEP LINKS, FRAMING
- The Website may include links to other internet sites (“the other sites”). Farmers Club may or may not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
- Farmers Club does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to firstname.lastname@example.org to request the removal of such content.
- The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
ADVERTISING AND SPONSORSHIP
- The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
- Farmers Club, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
INTELLECTUAL PROPERTY PROTECTION
- All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, patents, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Farmers Club in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Farmers Club, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
- Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Farmers Club first being granted, which consent may be refused at the discretion of Farmers Club. No modification of any intellectual property or editorial content or graphics is permitted.
- Farmers Club reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in a Facilitation Fee, or any other fees, will not be affected by such suspension or termination (as the case may be).
- Where any of the Website intellectual property has been licensed to Farmers Club or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Subject to adherence to the Terms, Farmers Club grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Farmers Club.
- Any enquiries regarding any of the above relating to intellectual property must be directed to Farmers Club at email@example.com
PRIVACY AND PERSONAL INFORMATION POLICY
- Please ensure that you read all the provisions below, and our other Farmers Club rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties. Some terms referred to below are not defined in order, or may be defined in our other applicable rules and policies.
IMPORTANT INFORMATION AND WHO WE ARE
- We may process personal information of children when a data subject user is below the age of 18 (eighteen), where should the user be such a minor, the minor user warrants that the explicit consent to, and acceptance of, this Policy and our processing has been undertaken by their lawful parent/guardian and with their supervision and assumed liability. We process such personal information of children only with their guardian’s or parents’ explicit consent, in accordance with South African laws requiring us to do so, and also due to the nature of Farmers Club assisting users/Farmers requiring such information to operate, which you/your parent/your guardian understands and expressly consents to by accepting this Policy. We enforce additional special precautions regarding the safety and integrity of any personal information of children provided to us.
DATA CONTROLLER AND PROCESSOR ROLES
- Farmers Club is the data controller and is responsible for your personal data in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a processor of personal data on behalf of a third-party data controller, where that data controller’s privacy terms will apply, but we will draw your attention to them, when applicable.
OUR CONTACT DETAILS
|Full name of legal entity
||Livestock Wealth (Pty) Ltd T/A Farmers Club
|Name or title of data representative
||PO Box 786586, Sandton, 2196
||011 568 1131
- You have the right to make a complaint at any time to your territories’ specific South African, European Union or UK information regulator’s office (such as the Information Regulator’s Office of South Africa, or the UK Information Commissioner’s Office, (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.
- It is important that the personal data we hold about you is accurate and current. You can always update your personal data yourself by changing it on the “My Account” page of the Website or by contacting us to make the changes for you. Please keep us informed if your personal data changes during your relationship with us.
Third-Party Links on Website or otherwise
The data we collect about you
- Personal data, or personal information, means any information about an individual, both natural and juristic entities, from which that entity can be identified. It does not include data where the identity has been removed (anonymous data).
- We may collect, use, store and transfer (“process”) different kinds of personal data about you which we have grouped together as follows:
- Identity Data – including first name, maiden name, last name, country of residence, username or similar identifier, title, date of birth and gender;
- Contact Data – including email address, social media contact details and telephone numbers;
- Financial Data – including bank account details, third-party payment provider information and payment card details;
- Transaction Data – including details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us;
- Social Media Data – including all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts and stories;
- Technical Data – including internet protocol address/es, your login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website;
- Profile Data – including your Website username and password, personality traits, qualifications and background information, preferences, feedback, ratings and reviews, and survey responses;
- Usage Data – including information about how you use our organisation, Website, surveys, events and services; and
- Marketing and Communications Data – including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.
- Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow your access to the Website). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you, including through Direct interactions: You may give us your Identity, Contact and Financial Data by filling in various Farmers Club forms, Website forms or by corresponding with us by post, phone, email or otherwise. This includes the personal data you provide when you
- use our Website and/or Services;
- consult with us;
- complete forms;
- sign-up for newsletters;
- interact with us via webinar or social platform group, such as a Facebook group
- subscribe to our Services or any publications;
- provide any services to us as a service provider or independent contractor on contract with us;
- request information to be sent to you;
- attend any Farmers Club event whether online or in-person; or
- give us some feedback.
- Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
- Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
- analytics such as Google based in the USA;
- social networks such as Instagram, Facebook, YouTube, Twitter and LinkedIn based in the USA;
- survey data such as GOOGLE Forms, Survicate and Survey Monkey based in the USA;
- marketing platforms such as AGILE CRM based in the USA; and
- search information providers such as GOOGLE Search, Microsoft BING based in the USA;
- Contact, Financial and Transaction Data from providers of technical, payment and other services such as Payfast, VCS/Paygate, OZOW and Netcash based in South Africa;
- Identity, Market Research Data and Contact Data from publicly available sources such as Google based in the USA
How we use your personal data
- We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:
- where we need to consult with you or perform on the engagement we are about to enter into or have entered into with you;
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
- where we need to comply with a legal or regulatory obligation.
- Purposes for which we will use your personal data:
- We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
- Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
||TYPE OF DATA
||LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
|To engage with you after you have contacted us requesting an engagement
||⦁ Identity ⦁ Contact ⦁ Transaction ⦁ Marketing and Communications
||⦁ Express consent ⦁ Performance of a contract with you ⦁ Necessary for our legitimate interests (to keep our records updated and to study how engages use our services) ⦁ Necessary for our legitimate interests (to develop our services and grow our organisation)
|To contract with you as a service provider to Farmers Club
||⦁ Identity ⦁ Contact ⦁ Financial ⦁ Transaction ⦁ Marketing and Communications ⦁ Social Media ⦁ Market Research
||⦁ Performance of a contract with you ⦁ Necessary to comply with a legal obligation ⦁ Necessary for our legitimate interests (to keep our records updated and to study how engages use our services) ⦁ Necessary for our legitimate interests (to develop our services and grow our organisation) ⦁ Express consent
|To provide it to a Farmer in order for the Farmer to provide you with their private Farmer Services
||⦁ Identity ⦁ Contact ⦁ Financial ⦁ Transaction ⦁ Marketing and Communications ⦁ Social Media ⦁ Market Research
||⦁ Performance of a contract with you ⦁ Necessary to comply with a legal obligation ⦁ Necessary for our legitimate interests (to keep our records updated and to study how engages use our services) ⦁ Necessary for our legitimate interests (to develop our services and grow our organisation) ⦁ Express consent
|To allow you to use the Website and/or Services, or register you as a new Website user or participant in any Farmers Club event/Service
||⦁ Identity ⦁ Contact
||⦁ Performance of a contract with you ⦁ Express consent
|To process and service your payment for any services rendered by Farmers Club to manage payments, fees and charges
||⦁ Identity ⦁ Contact ⦁ Financial ⦁ Transaction ⦁ Marketing and Communications
||⦁ Performance of a contract with you ⦁ Necessary for our legitimate interests (to make or receive necessary organisation payments) ⦁ Express consent
||⦁ Identity ⦁ Contact ⦁ Profile ⦁ Marketing and Communications
||⦁ Performance of a contract with you ⦁ Necessary to comply with a legal obligation ⦁ Necessary for our legitimate interests (to keep our records updated and to study how engages use our services) ⦁ Express consent
|To enable you to partake in an Farmers Club event or complete a survey or project
||⦁ Identity ⦁ Contact ⦁ Profile ⦁ Usage ⦁ Marketing and Communications
||⦁ Performance of a contract with you ⦁ Necessary for our legitimate interests (to study how engages use our services, to develop them and grow our organisation) ⦁ Express consent
|To administer and protect our organisation and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
||⦁ Identity ⦁ Contact ⦁ Technical ⦁ Usage
||⦁ Necessary for our legitimate interests (for running our organisation, provision of administration and IT services, network security, to prevent fraud and in the context of an organisational restructuring exercise) ⦁ Necessary to comply with a legal obligation ⦁ Express consent
|To market our own Services to other organisations or External Third Parties
||⦁ Identity ⦁ Contact ⦁ Profile
||⦁ Necessary for our legitimate interests (for running our organisation, provision of services and marketing) ⦁ Express consent
|To deliver relevant Website content and Services to you and measure or understand the effectiveness of the information we serve to you
||⦁ Identity ⦁ Contact ⦁ Profile ⦁ Usage ⦁ Marketing and Communications ⦁ Technical
||⦁ Necessary for our legitimate interests (to study how engages use our services, to develop them, to grow our organisation and to inform our marketing strategy) ⦁ Express consent
|To use data analytics to improve our Website, Services, engage relationships and experiences
||⦁ Technical ⦁ Usage
||⦁ Necessary for our legitimate interests (to define types of engages for our services, to keep our Website updated and relevant, to develop our organisation and to inform our marketing strategy) ⦁ Express consent
|To provide you with direct and user-specific marketing, make suggestions and recommendations to you about events or services that may be of interest to you
||⦁ Identity ⦁ Contact ⦁ Technical ⦁ Usage ⦁ Profile
||⦁ Necessary for our legitimate interests (to develop our services and grow our organisation) ⦁ Express consent
- We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
Promotional services from us
- We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which events, services and offers may be relevant for you (we call this marketing).
- You will receive marketing communications from us if you have requested information from us, have participated in any Farmers Club service or event, or if you provided us with your details when registering for a promotion or event and, in each case, you have not opted-out of receiving that marketing.
- Whilst we may use your personal data within our Farmers Club organisation group, we will get your express opt-in consent before we share your personal data publicly with any entity outside the Farmers Club group of organisations for public purposes.
- You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you, or by contacting us at any time.
- Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the Website, our services, or your participation in any Farmers Club event.
Change of Purpose
- We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
- If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
- Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
- We may have to share your personal data with the parties set out below for the purposes set out in the table above.
- Internal Third Parties as set out in the Glossary;
- External Third Parties as set out in the Glossary;
- Specific third parties listed in the table above; and/or
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and standards.
- We share your personal data within the Farmers Club group of organisations and affiliates, and this may involve transferring and processing your data outside of South Africa.
- Whenever we transfer your personal data out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
- Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of South Africa.
- We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed by using a firewall, encryption, and auto-backups stored offsite. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
- We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, any other South African applicable law requiring us to retain the data and whether we can achieve those purposes through other means, and the applicable legal requirements.
- Details of retention periods for different aspects of your personal data are available from us by contacting us.
- In some circumstances you can ask us to delete your data; see below for further information.
- In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
- Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:
- request access to your personal data;
- request erasure of your personal data;
- request erasure of your personal data;
- object to the processing of your personal data;
- request a restriction of processing your personal data;
- request transfer of your personal data; and/or
- right to withdraw consent.
- You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Glossary Lawful Basis
- Legitimate Interest means the interest of our organisation in conducting and managing our organisation to enable us to give you the best service and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
- Internal Third Parties means other entities or parties in the Farmers Club group acting as joint controllers or processors and who are based in South Africa and provide IT and system administration services and undertake reporting.
- External Third Parties means:
- service providers acting as processors based in South Africa who provide IT and system administration services;
- South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime-fighting legislation;
- professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required; and/or
- European Union regulators and other authorities acting as processors or joint controllers based in the United Kingdom or European Union who may require reporting of processing activities in certain circumstances.
Your legal rights
- You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no valid reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be communicated to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under the GDPR and POPI, other South African legislation applies and may require that we continue to process your data in order to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.
DISCLAIMERS AND WARRANTIES
- The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Farmers Club makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
- All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Farmers Club. While Farmers Club makes every reasonable effort to present such information accurately and reliably on the Website, Farmers Club does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.
- Farmers Club, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.
- Farmers Club, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.
- Users from locations outside of South Africa, please note that Farmers Club complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Farmers Club from any liability it may acquire by virtue of its supply of the Website and/or Services. Please contact Farmers Club at firstname.lastname@example.org to engage you on any foreign-law application.
- Farmers Club takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Farmers Club does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
- The user indemnifies and holds harmless Farmers Club, shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way.
- The user agrees to indemnify, defend and hold Farmers Club harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Service and for breach of these Terms.
- Farmers specifically indemnify Farmers Club against any and all claims made by Buyers against Farmers Club when the dispute is related to Farmer Services provided by the relevant Farmer to the Buyer, as Farmers Club is not responsible for the private transactions facilitated between Buyers and Farmers as part of the Farmer Services.
- This clause will survive the termination of this agreement.
- COMPANY INFORMATION
- Site owner: Livestock Wealth (PTY) LTD
- Company type: Private Company
- Registration Number: 2015/123862/07
- Director: N Shezi
- Description of main business: Facilitation of the buying and selling of agricultural products
- Telephone number: +2711 568 1131
- E-mail address: email@example.com
- Website address: www.farmers.club
- Physical Address: 27 Elm St, Houghton Estate, Johannesburg, 2198
- Postal address: PO Box 786586, Sandton, 2196
- Registered address: 27 Elm St, Houghton Estate, Johannesburg, 2198
- DISPUTE RESOLUTION AND GOVERNING LAW
- The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
- Disputes between a Farmer and Buyer:
- Should any dispute, disagreement or claim arise between users concerning the Farmer Services or services acquired from another user, the users concerned shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- As this dispute is a private one between two privately transacting parties, the users may decide on their own methods of resolving their dispute, in accordance with all applicable South African law. Farmers Club is not in any way obligated to become involved in this dispute, but it may, in its discretion, become involved and assist the users in resolving such issues for the interests of all parties, including its own.
- Disputes between a user and Farmers Club:
- Should any dispute, disagreement or claim arise between a user and Farmers Club concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
- If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Farmers Club. Arbitration proceedings shall be conducted in Johannesburg, South Africa in English.
- Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, South Gauteng Division, Johannesburg, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
- The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
- TERMINATION OF USE OF WEBSITE OR SERVICES
- IN ADDITION TO THE RIGHTS ABOVE, Farmers Club RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT Farmers Club GIVES REASONABLE NOTICE TO YOU.
- If you wish to terminate the agreement with Farmers Club, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
- The obligations and liabilities of the parties incurred prior to the termination date of the Terms and/or use of the Services shall survive the termination of these Terms for all purposes, including the payment of any Facilitation Fee or Farmer Fee which was due and payable before termination.
- In the event of cancellation of your agreement with the Terms and with Farmers Club, Farmers Club will remove you from the Website and delete your Profile.
- NOTICES AND SERVICE ADDRESS
- Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of Farmers Club, at firstname.lastname@example.org; or
- in the case of the user, at the email and addresses provided by the user to Farmers Club in the registration process and in a user’s profile.
- Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.6 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
- No indulgence, leniency or extension of time granted by Farmers Club shall constitute a waiver of any of Farmers Club’s rights under these Terms and, accordingly, Farmers Club shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
- Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
- The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
- The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
- Should you have any complaints or queries, kindly address an email to email@example.com advising Farmers Club of same.
- In the event of the user failing to pay any amount timeously or breaching these Terms, the User shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Farmers Club in relation to the payment failure or breach.
- Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8.