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TERMS OF USE

IMPORTANT – READ THESE TERMS AND CONDITIONS CAREFULLY

1. INTRODUCTION

    • This mobile application (“App”) is operated by Agrimark Operations Limited (“Agrimark”) and these terms and conditions apply to all Apps owned, operated, controlled and otherwise made available by Agrimark and its affiliates (including, but not limited to, mirrored, co-branded, and successor sites).
    • These Terms of Use must be alongside, and in conjunction with, Agrimark’s Sale Terms and Conditions.
    • By accessing or using this App, subscribing to Agrimark’s services, purchasing products, downloading software, or using any Agrimark technology, you agree to be bound by these terms and conditions. If you do not agree, you must cease using the Agrimark App and/or technology immediately.

    2. AUTHORITY

    By accessing, subscribing, downloading, and using the Agrimark App and/or technology, you:

      • certify that you are at least 18 years old, or if acting on behalf of an entity, you are duly authorized to do so;
      • agree to be legally bound by these Terms of Use; and
      • agree to accept all Agrimark policies and/or accompanying terms and conditions.

      3. REGISTRATION AND ACCOUNT

      • In order to access certain features on the Agrimark App, you may be required to create a user account.
      • You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
      • Agrimark reserves the right to suspend or terminate accounts suspected of unauthorized use, fraudulent activity, or violation of these Terms of Use.
      • You must provide accurate and complete information when registering and ensure that your details are kept updated at all times.

      4. INTELLECTUAL PROPERTY

        • All data, and information within the Agrimark App, including the look and feel, structure, sequence, and layout, are the exclusive property of Agrimark and its licensors, protected under South African law.
        • All content within the App, including logos, trademarks, and software, is the property of Agrimark and/or its licensors.
        • You may not copy, distribute, or modify any content from the App without the prior written consent of Agrimark.
        • Any trademarks displayed within the Agrimark App belong to Agrimark and/or its affiliates. No rights to these trademarks are transferred to users.

        5. CONFIDENTIALITY

        • You are required keep all confidential information about Agrimark private and you are not permitted to disclose it to any third party.

          6. COPYRIGHT NOTICE

          • If you believe your copyrighted work has been used in a way that constitutes infringement, you should provide a written notice with the required details to Agrimark’s designated copyright agent.

          7. USE OF AGRIMARK’S APP

          Agrimark grants you a limited, non-transferable right to access and use its App for personal, non-commercial purposes, and Agrimark provides access to services such as digital purchases, loyalty programs, promotions, and other features related to Agrimark’s offering.

            By use of the App, you agree not to:

              • reverse-engineer or decompile the App;
              • copy, distribute, or reproduce content without authorization;
              • violate any intellectual property rights of Agrimark;
              • use the App for illegal or fraudulent purposes;
              • interfere with the functionality of the App;
              • attempt to gain unauthorized access to any part of the App; and
              • modify, or exploit any part of the App.
              • Agrimark may modify, suspend, or discontinue any part of the App at its discretion, and at any time.

              8. DIGITAL TRANSACTIONS AND PAYMENTS

              • The App may allow purchases, payments, and redemptions via digital vouchers, digital cards, or other payment methods.
              • All transactions are subject to Agrimark’s Sale Terms and Conditions.Agrimark is not responsible for transaction failures due to insufficient funds, incorrect payment details, or technical issues beyond its control.

              9. SUBMISSIONS

              All user-generated content, such as comments, ideas, and suggestions, become the property of Agrimark, which Agrimark may use for any purpose and in its sole discretion

                10. PARTICIPATION DISCLAIMER

                Agrimark is not responsible for user-generated content but reserves the right to remove any content deemed abusive, misleading, or offensive, in its sole discretion.

                11. DISRUPTIVE BEHAVIOR

                These You may not engage in harassment, impersonation, publishing offensive content, or any activity that violates applicable laws in your use of the App.

                12. GENERAL USE OF THE DIGITAL CARD

                  • The digital card is available exclusively through the Agrimark App and can be presented at Agrimark stores for applicable benefits.
                  • In your use of the digital card, you will be required to scan your digital card twice at the point of sale to complete a transaction.
                  • You will be required to scan your digital card for the first time at the point of sale to apply any eligible discounts, promotions, or rewards linked to your account. After the total purchase amount is confirmed, you will be required to scan your digital card a second time to accept the transaction and authorize payment.
                  • The digital card is available to registered users of the Agrimark App.
                  • You must ensure that your digital card is active and linked to your account before use.
                  • The digital card is non-transferable and can only be used by the registered account holder.
                  • The second scan of the digital card at checkout is mandatory to complete and authorize the transaction. The failure to scan the card for the second time will result in an incomplete transaction, and payment will not be processed. You are responsible for ensuring that you complete the two-step scanning process to successfully complete your purchase.
                  • All applicable discounts are subject to the terms and conditions of the respective promotions.
                  • Agrimark reserves the right to modify or cancel discounts at any time without prior notice.
                  • You must ensure that your digital card is accessible on your mobile device prior to scanning at checkout. Agrimark is not responsible for failed transactions due to device malfunctions, low battery, or other technical issues on your device. You are also responsible for securing your App login credentials and digital card to prevent unauthorized use.

                  13. ELECTRONIC DELIVERY POLICY

                  By using the Agrimark App and/or technology, you consent to receive all legal notices and communications electronically at the email address registered by you on the Agrimark App.

                  14. WARRANTY DISCLAIMER

                  The Agrimark App and/or any technology is provided “as is” without warranties of any kind, including accuracy, reliability, and uninterrupted service.

                  15. LIMITATION OF LIABILITY

                    Agrimark and its affiliates will not be liable for damages arising from your use of its App and/or technology, including direct or indirect losses, and Agrimark is not liable for any loss, damage, or inconvenience resulting from the use or inability to use the App. Agrimark is not responsible for issues caused by third-party services or devices.

                    16. ACCESS TO THE AGRIMARK APP AND/OR TECHNOLOGY

                      You are responsible for obtaining your own internet access and any associated costs, in order to access the Agrimark App and/or technology.

                      17. PASSWORDS AND USER OBLIGATIONS

                        You are required to maintain the confidentiality of your account credentials and notify Agrimark immediately of any unauthorized use.

                        18. SECURITY

                          You are not permitted to attempt to bypass security measures, introduce harmful software, or engage in hacking activities in your use of the App and/or technology.

                          19. REPRESENTATIONS

                            You must comply with all applicable laws when using the Agrimark App and/or technology.

                            20. INDEMNIFICATION

                              By using the Agrimark App and/or technology, you agree to indemnify Agrimark, and keep Agrimark indemnified, against any claims, damages, or losses resulting from your use of the Agrimark App and/or technology.

                              21. BLOG DISCLAIMER

                                It is expressly recorded that the opinions expressed in blogs or user-generated content observed on the Agrimark App and/or technology do not reflect those of Agrimark.

                                22. TERMINATION

                                  Agrimark may suspend or terminate access to its App and/or technology at any time without notice if you violate these Terms of Use, at the sole discretion of Agrimark.

                                  23. APPLICABILITY OF CONTENT

                                    The Agrimark App and/or its technology is operated in South Africa, and users outside of South Africa must comply with the laws of South Africa.

                                    24. PRIVACY POLICY

                                      Agrimark collects and uses user information as described in its Privacy Policy. Your use of the App is subject to Agrimark’s Privacy Policy, which outlines how Agrimark collects, stores, and uses your personal data. You agree that Agrimark may collect and use certain data for operational and marketing purposes.

                                      25. APPLICABLE LAW AND JURISDICTION

                                        These Terms of Use are governed by South African law, with jurisdiction in the Western Cape Division of the High Court.

                                        26. GENERAL TERMS

                                        • These Terms of Use constitutes the entire agreement between the you and Agrimark.
                                        • No delay or failure to enforce any provision shall constitute a waiver of rights.
                                        • If any provision is found unenforceable, the rest of the Terms of Use remains in effect.

                                        27. ORDER OF PREFERENCE

                                        If there is a conflict between these Terms of Use and another agreement with Agrimark, the specific agreement takes precedence.

                                        28. LINKS TO THIRD-PARTY WEBSITES

                                          Agrimark is not responsible for the content of third-party websites linked from its App and/or technology.

                                          29. REVISIONS AND CONSENTS

                                            Agrimark reserves the right to revise these Terms of Use at any time, and notice of any amendments and/or revisions will be published on the App.

                                            30. ARBITRATION

                                              Disputes related to these Terms of Use shall be resolved through arbitration in Cape Town, South Africa.

                                              31. GENERAL PROVISIONS

                                                If any part of these Terms of Use is deemed unenforceable, same will be severed from the Terms of Use and the remainder shall continue in full force.