Term Conditions Page
Definition
These Terms of Service govern your use of the website located at https://afrigenius.com and any related services provided by Afrigenius.
By accessing https://afrigenius.com or https://afrigenius.coo.za, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Afrigenius.
We, Afrigenius, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 28 August 2021.
1. Detailed description of goods and/or services
Afrigenius Pty Ltd is a business in the online sales industry that put together variety of farm produce from different farmer for sale under one public platform.
2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way SMS and/or email notification. Delivery is at customer’s cost, except if excluded in promotions or close range.
3. Export restriction
The offering on this website is available to South African clients only.
4. Return and Refunds policy
The provision of goods and services by Afrigenius Pty Ltd is subject to availability. In cases of unavailability, Afrigenius Pty Ltd will refund the client in full within 30 days. Refund can only be done within the 24 hours after delivery or collection. Return can only be done at the specific store or farm where the good originates.
5. Cancellation of order after acceptance
Cancellation of orders by the client will attract a 20% administration fee.
6. Customer Privacy policy
Afrigenius Pty Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed 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 .
7. Payment options accepted
Payment may be made via Visa, MasterCard and Cash on delivery.
8. Card acquiring and security
Card transactions will be acquired for Afrigenius Pty Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
9. Customer details separate from card details
Customer details will be stored by Afrigenius Pty Ltd separately from card details which are entered by the client on PayGate’s secure site. Formore detail on PayGate refer to paygate.co.za.
10. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
11. Responsibility
Afrigenius Pty Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
12. Country of domicile
This website is governed by the laws of South Africa and Afrigenius Pty Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
13. Variation
Afrigenius Pty Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
14. Company information
This website is run by sole trader based in South Africa trading as Afrigenius Pty Ltd and with registration number
2018/385748/07 and Flubert Taga Nteumagne.
15. Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Afrigenius provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
16. Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Afrigenius and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Afrigenius at any time.
17. User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.
18. Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Afrigenius makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Afrigenius or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Afrigenius or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
19. Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Afrigenius does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
20. Links
Afrigenius has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Afrigenius of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
21. Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
22. Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
23. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of South Africa. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
24. Afriginius Pty Ltd contact details
Company Physical Address: 9 5th Road Kew, Johannesburg 20290
Email: flubert@afrigenius.co.zaTelephone: 071 872 4639
We are the farmers next door
Contact Info
- Address: 9 5th Rd, Kew, Johannesburg, 2090, South Africa
- Phone: +27 (0)718724639
- Email: flubert@afrigenius.co.za
