Terms and Conditions of Service

Last Update 20 August 2020 Version 2.0

1.These are Terms and Conditions of Service for AGROWEX-HUB App.

This is an agreement ("Agreement") between AGROWEX INDUSTRIES (PTY) LTD. ("AGROWEX"), a South Africa legal entity, the owner and operator of www.agrowex-hub.com, farm ecosystem mobile application, and you ("you," "your" or "user(s)"), a user of our website or service. This Agreement is legally binding and governs your use of our Site, Apps and Service. By using or accessing any part of our Site, Apps or Service you agree to be bound by these Terms and Conditions of Service and the Privacy Policy. Therefore, please read the Terms and Conditions of Service and the Privacy Policy before using our Site, Apps and Service. We may change our Terms and Conditions of Service or Privacy Policy from time to time. Please check this page on a regular basis to be familiar with the current version of this Agreement. Your continued use of our App, Site or Service will constitute acknowledgement and consent to any changes made within the Privacy Policy and Terms and Conditions of Service. If you do not agree to the Terms and Conditions of Service or the Privacy Policy, please stop using our Site, Apps and Service immediately. Users of our Service must be above the age of 18. If you are under the age of 18 please stop using our Site and Service immediately and do not submit any information to us.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand their meaning. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: "Agreement" means these Terms and Conditions of Service; "Service" refers to the services that we provide through our Site, Apps as well as any of our "Site" refers to our websites, www.agro- Industries.com, and its subdomains, www.agrowex-hub.com, www.urban- agrowex.co.za www.agrowex.co.za; "AGROWEX," "us," "we," and "our," refers to our holding  company AGROWEX INDUSTRIES (PTY) LTD, our Site or our Service, depending on the context of the usage; "User" refers to you, those who use our Services, and general visitors to our Site; "You" refers to you, the person who is entering into this Agreement with AGROWEX INDUSTRIES (PTY) LTD.

3. Description of Service

AGROWEX-HUB Ecosystem mobile application helps farmers to manage their agriculture production, finance, inventory, sales, transactional capabilities and provides them analytic tools for analysing their data. The service is accessible through our Sites, Web Apps and Mobile Apps.

4. User Accounts

Before using AGROWEX-HUB App, Web App and Sites you will need to sign up for an account by providing us with your name, company name and e- mail. We may also require additional information from you if necessary. Your credit or debit card information will be provided to our Payment Gate partner (PAYGATE), our third-party payment processor. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We will never disclose your personally identifying information to 2 third parties without your consent. However, we may provide non-identifying information to third parties in an aggregate form. We may at our discretion restrict, limit or revoke your ability to register or use AGROWEX-HUB App any time.

5. Use of AGROWEX-HUB

When using any of our Site, Mobile Apps and Services, we grant you a personal, limited, non-exclusive license uses our software. When you use our Service, you are granted a license only for your personal use. This means that you cannot sell our Service, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service, or try and make money off it without our express written permission. Even if we offer our Service for free, you must still abide by these provisions and not copy or otherwise use our Service in a manner prohibited by this section. You obtain no ownership rights when you purchase our software, but are instead buying (or, in the case of a free use, being given) a license to use our software within the confines of this Agreement. When using our Site, Mobile App or Service, you assume full responsibility for your use and agree not to use it in ways not explicitly authorized by AGROWEX INDUSTRIES (PTY) LTD.

You are responsible for your use of AGROWEX-HUB App and Web App, and for any use of AGROWEX-HUB App and Web App, made using your account. You agree not to access, copy, or otherwise use AGROWEX-HUB App and Web App, including our intellectual property and trademarks, except as authorized by these Terms and Conditions of Service or as otherwise authorized in writing by AGROWEX INDUSTRIES (PTY) LTD. By using our Site, Mobile App and Service you agree to the following:

Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but AGROWEX INDUSTRIES (PTY) LTD reserves the right to suspend or terminate any account at any time without notice or explanation. The AGROWEX Sites, Apps and Service may contain links to other websites (such as its SUBSIDERIES), integrated third party products or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. Your access to such third- party websites or content shall be at your own risk, and you should always read the terms of use and privacy policy of a third-party website before using it. AGROWEX shall not be responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.

6. Intellectual Property Rights

The design of the AGROWEX-HUB App, Web App and Service along with AGROWEX created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AGROWEX INDUSTRIES (PTY) LTD, subject to copyright and other intellectual property rights under the Intellectual Property laws and 4 international conventions. AGROWEX INDUSTRIES (PTY) LTD reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

7. Content and Privacy

AGROWEX does not own your Content and is not responsible and liable in any way for the content in case of illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable content in our reasonable opinion. Your Content and metadata about your Content may be viewed by other users in accordance with your settings on the Service. AGROWEX can, but has no obligation, to monitor your Content you post on the Service. We can remove any information you post for any reason or no reason. You grant AGROWEX a non-exclusive, royalty-free, fully-paid, world-wide, transferable license to display advertisements in connection with your content and to use your content to advertise and promote AGROWEX on any medium. When you use the Service, we may send one or more “cookies” a small data file to your computer to uniquely identify your browser and let AGROWEX help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us.


A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. When you use the Service, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information. When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients.


The information is used to enable more accurate reporting and make AGROWEX better for our users. When you use the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information about how you browse the Service to us. Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled. When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information about how you use the Service to us. A device identifier does not collect or share any personally identifiable information about you. A device identifier may be used in conjunction with personally identifiable information. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers are impaired or disabled. AGROWEX may access, collect and/or store device identifiers upon enabling AGROWEX's Services. AGROWEX uses third party analytics tools, such as Google Analytics, to help understand use of the Service. Many of these tools collect the information sent by your browser as part of a web page request, including cookies and your IP address. These analytics tools also receive this information and their use of it is governed by their privacy policy.

8. Payment

AGROWEX-HUB and Web App offers both free and paid subscriptions. After registering for a paid AGROWEX App subscription you will be prompted for payment information and you will have to submit a valid Voucher/credit/debit card as payment. The price to use our Site, Apps and Service may vary. When paying please verify that you understand the price and the terms and conditions of payment. If you are purchasing a monthly plan, please be aware that your credit/debit card will be charged and automatically billed on a monthly basis without additional notice to you. We reserve the right to raise our monthly rates at any time; however, we will provide you with notice of the fee increase. Your information will be disclosed to our third-party payment processor, Payment Gate, to process payments. You may cancel your account with us at any time which will stop new payments for the Service subscription. However, refunds are not granted for previously executed payments of the Service subscriptions.

9. Purchases and Payment clearance

AGROWEX-HUB and Web App offers sales platform for both the farmers and customers, the buying party credit/debit card will be debited immediately on purchase checkout and the selling partly will be paid to the farmer's nominated account within 48 hours after the goods receipt confirmation has been received by our delivery agents, a weekly statement of account will be sent out to the farmer with transaction summary from the platform. The farmers will be charged 10% platform service fee from their produce sales on the platform. You agree as farmer that it is your responsibility to only list produces available for sales and provide the right quantities on the store to ensure that paid orders are collected and delivered to the buyer immediately after purchase is completed. all purchases made on the farmers store must be available for collection within 2 hours of order processes for collection.

10. Representations and Warranties

We make no representations or warranties for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to this agreement or our Services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. You agree that we are not responsible in any way for damages caused by their parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct with you. We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevents access to our website temporarily or permanently. The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement.

11.Limitations on Liability

AGROWEX INDUSTRIES (PTY) LTD, its employees, agents, officers, directors and other staff in no event shall be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature, resulting from your access to and use of our services, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transition to or from our services (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.


You specifically acknowledge that AGROWEX shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. AGROWEX shall not be liable for any business problems that arises by using our Site, Apps and Service. All content provided to you by the Site and Service is informative and the decision to react based on provided information is your own decision and liability, so you should consider all facts properly before taking any business decision. In the event of any problem with our Site, Service or any content, you agree that your sole remedy is to cease using our Site, Service or any content. AGROWEX is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of Site, App and Service or any products purchased from our Site and App. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:


You specifically acknowledge that AGROWEX shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. AGROWEX shall not be liable for any business problems that arises by using our Site, Apps and Service. All content provided to you by the Site and Service is informative and the decision to react based on provided information is your own decision and liability, so you should consider all facts properly before taking any business decision. In the event of any problem with our Site, Service or any content, you agree that your sole remedy is to cease using our Site, Service or any content. AGROWEX is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of Site, App and Service or any products purchased from our Site and App. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:


Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.


AGROWEX INDUSTRIES (PTY) LTD shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. If this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by AGROWEX-HUB App from its facilities in Johannesburg, Midrand. AGROWEX makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Indemnity

You agree to defend, indemnify and hold AGROWEX INDUSTRIES (PTY) LTD, its employees, agents, officers, directors and other staff from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the AGROWEX Site, App and Service; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that any of your content caused damage to a third party. This defence and indemnification obligation will survive these Terms and Condition of Service and your use of the AGROWEX-HUB App Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

13. Age restrictions

AGROWEX-HUB App and its Services may only be used by persons 18 years and older. If you are under the age of 18 please do not use our Site, App and do not submit any information to us.

14. Choice of Law

This Agreement shall be governed by the laws in force in South Africa. The offer and acceptance of this contract is deemed to have occurred in South Africa. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in South Africa. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.

15. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

16. Severability

In the event that a provision of this agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, AGROWEX shall have the sole right to elect which provision remains in force.

17. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

18. Termination and Cancellation

We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to AGROWEX. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

19. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

20. Data Retention

When you place an order through the AGROWEX-HUB app or webapp, we will maintain your Order Information for our records unless and until you ask us to delete this information by sending email to support@agrowex-hub.com

We do not allow third party advertisement on our app and anyone who uses our app must be 18 years and above, if you are 18 years and less please do not use the app or webapp

21.Data Security

We have enabled encryption of the traffic on our website, app and webapp. This makes the data traffic between you and our web server unreadable, so third persons have no access to it. We also made sure to secure your data in an appropriate way in all our systems. We do this with all kinds of technical measures (e.g. antivirus, complex passwords, etc.), including the physical security of access to our office, but also with organizational measures.

22.Your Rights

Pursuant to the Personal Data Protection Regulation (DPR), you have the right to access your personal data on request and, if necessary, to amend and delete the data. In addition to the right of access, correction, and deletion, you may ask us to restrict the processing of personal data and it is possible to object if you disagree with the processing. Also, in some cases, it is possible to invoke the right to data portability.

In any event, you have the right to object to the processing of personal data for marketing purposes that are based on legitimate interest.

23.Deletion of Personal Information

User can request their information to be removed from the system by emailing their request to support@agrowex-hub.com [Email heading: Request for Information Deletion]. We will assess your request and if no pending transaction is listed against your profile thein formation will be removed from all our systems and provide email confirmation once it is done with 72 hours from your request date.

24.Third-Party Material

The Service may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.

25.Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. In the event we decide to change this Privacy Policy, we will make an announcement of that fact on our website. If we want to substantially change the purposes of the processing, and the processing is based on your consent, we will first ask you again for consent for those new purposes.

26.We collect Device Information using the following technologies:

AGROWEX INDUSTRIES shall take reasonable steps to protect the personal information of its app and web app users, for the purpose of this clause "personal information" shall be defined in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569

We use PayGate for all our online payments. PayGate protects and secures all details in line with PCI Compliance and no credit card details are stored on the website and app. AGROWEX-HUB has no access to card details entered by the client on PayGate

27. How do we use your personal information?

We use the Order Information that we collect generally to fulfil any orders placed through the mobile app/webapp (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our app (for example, by generating analytics about how our customers browse and interact with the app, and to assess the success of our marketing and advertising campaigns).

AGROWEX APP

[Re: Privacy Compliance Officer]

AGROWEX INDUSTRIES (PTY) LTD, 1 Molefe Makinta Road 4437| Kudube Unit 2 | Corner Ngifundise Street | Temba 0407

For more info on our Policies, please visit: https://agrowex-hub.com/policies.html