TERMS OF SERVICE
By accessing or using www.digikraal.co.za or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Digikraal Proprietary Limited (reg: 2016/478338/07) (“Digikraal”), 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 Digikraal.
Please see Digikraal’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please read these terms carefully before accessing or using the Website or our services. Digikraal will assume you have read and understood these terms should you continue to access or make use of the Website and related 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 Digikraal or its possession.
Not all terms are necessarily defined in order.
These terms were last updated on 12 August 2019.
INTRODUCTION TO THE WEBSITE AND SERVICES
Digikraal is a livestock agency that provides/makes use of an online platform providing information about potential livestock sales and allowing users to register as a potential seller (“Seller/s”) or potential buyer (“Buyer/s”) of commercial livestock (collectively the “parties”), build their unique Website profiles exhibiting their livestock (“Profile”), and then use the Website to conclude a sale of commercial livestock between a Buyer and Seller (“Sale”) (collectively, the “Services”).
These Terms explain the conditions applicable to users, Buyers and Sellers using the Website and/or the Services.
In order to become a Buyer or Seller and use the Services, users must register on the Website using the prompted methods, sign the Sale Terms which outlined the Sale terms and conditions, and submit any required information to create a Profile.
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 Digikraal uploading the amended Terms to the Website. Your continued access or use of the Website and Services 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.
Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
RELATIONSHIP BETWEEN THE PARTIES
DIGIKRAAL IS A REGISTERED LIVESTOCK AGENT FOR EITHER THE BUYER OR SELLER DURING A SALE IN TERMS OF THE AGRICULTURAL PRODUCE AGENTS ACT 12 OF 1992. THE WEBSITE PROVIDES SOFTWARE SERVICES AND ALL TOOLS
PROVIDED ON THE WEBSITE ARE FOR INFORMATION PURPOSES ONLY. WHERE ANY FORMAL ENGAGEMENT BETWEEN A BUYER AND SELLER WHERE DIGIKRAAL ACTS ON BEHALF OF ONE OF THE PARTIES AND IS FACILITATED, NEGOTIATED OR ENTERED INTO BY DIGIKRAAL, DIGIKRAAL HOLDS CERTAIN OBLIGATIONS TOWARD THE BUYER AND SELLER AS DETAILED IN THE SALE AGREEMENT TERMS WHICH IS ENTERED INTO BY THE BUYER AND SELLER SEPARATE TO THESE TERMS.
The Website acts solely as an online directory and information service intended to facilitate the matching of users in order for them to privately conduct a Sale outside of the Website. Your use of the Website is entirely at your own risk.
Although Digikraal carefully curates Profiles prior to being placed on the Website, Digikraal 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.
USER REGISTRATION PROCESS
In order to become a Buyer or Seller on the Website, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each Buyer or Seller 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.
Digikraal requires you to submit your full name, e-mail address, and phone number when registering a Profile. Users may then setup additional features of their Profile, including adding photographs of the livestock, which setup may require further information to be submitted, as prompted by the Website.
To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring a password (to be used together with your provided e-mail address) in order to grant access to your Profile and data. To view or change your personal information provided, you can use the “Settings” function on the dashboard 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.
By submitting your personal information to the Website for its use in a Profile, you consent to Digikraal using this information to facilitate a connection between you and a Buyer and/or Seller, as the case may be.
THE SERVICES AND SALE TERMS
Users must register as either a Buyer or Seller using the relevant tools on the Website, to access the Services.
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.
In order to conduct a Sale with Digikraal, the Buyer or Seller must sign a separate Sale Terms Agreement, which will be read in conjunction with the Terms. The details specific to the Sale including but not limited to delivery, risk, and payment terms are outlined in the Sale Terms Agreement.
For further information on the Services available or applicable, please contact firstname.lastname@example.org
To terminate your use of the Services or the Website, please see clause 15 below.
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 are the age of majority in your country of residence and/or possess the legal authority to act 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 or via the Website that is or could reasonably be considered threatening, harassing, 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;
you will not infringe any third party’s, 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 Digikraal;
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, livestock or devices; and/or
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 Digikraal’s other rights (whether at law or otherwise), Digikraal reserves the right to deny you access to the Website or the Services where Digikraal believes (in its reasonable discretion) that you are in breach of any of these Terms.
Digikraal 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 e-mail and WhatsApp messages, sent by you to Digikraal will be considered to be received only when acknowledged or responded to.
Data messages sent by Digikraal 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.
Digikraal reserves the right not to respond to any e-mail 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 e-mail 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. Digikraal is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Digikraal to a user or from a user to Digikraal.
HYPERLINKS, DEEP LINKS, FRAMING
The Website may include links to other internet sites (“the other sites”). Digikraal does 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.
Digikraal 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 email@example.com 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.
Digikraal, its members, 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.
PRIVACY AND PERSONAL INFORMATION
Digikraal respects your privacy and your personal information, and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to function as user or register as a Buyer or Seller on the Website, Digikraal may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
Information provided by the user
Digikraal collects personal information (that is information about the user that is personally identifiable including, but not limited to, the user’s name, address, e-mail address, phone number(s), passwords, product and service preferences and contact preferences that are not otherwise publicly available); and
Information that is collected automatically
Digikraal receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from “cookies” (which are described in clause 9.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
Should your personal information change, please inform Digikraal and provide Digikraal with updates to your personal information as soon as reasonably possible to enable Digikraal to update it. Digikraal is however under no obligation to ensure that your personal information or other information supplied by you is correct.
You warrant that the personal information disclosed to Digikraal or the Website is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide in your own private or representative capacity.
You may choose to provide additional personal information to Digikraal, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Any processing of your personal information will be reservedly for Digikraal’s legitimate business purposes and as a necessary function of your engagement with the Website and/or the Services, and you have consented to this, but Digikraal will not, without your express consent:
use your personal information for any purpose other than as set out below:
to contact you regarding current or new information, products or Services or any other Service offered by Digikraal or any of Digikraal’s divisions and/or partners (unless you have opted out from receiving marketing material from Digikraal, possible through same contact);
to inform you of new features, special offers and promotional competitions offered by Digikraal or any of Digikraal’s divisions and/or partners (unless you have opted out from receiving marketing material from Digikraal, possible through same correspondence); and
to improve Digikraal’s Services’ selection and your experience on the Website by, for example, monitoring your browsing habits, or tracking your interaction on the Website; or
disclose your personal information to any third party other than as set out below:
to Digikraal’s employees, third party service providers and/or Buyers and/or Sellers who assist Digikraal to interact with you via the Website, email or any other method, for the engagement of their services or for a Sale, and thus need to know your personal information in order to assist Digikraal to communicate with you properly and efficiently;
to Digikraal’s divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from Digikraal, possible through same correspondence with Digikraal);
to law enforcement, government officials, fraud detection agencies or other third parties when Digikraal believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
to Digikraal’s service providers (under contract with Digikraal) who help with parts of Digikraal’s business operations (fraud prevention, marketing, technology services, etc.). However, Digirkaal’s contracts dictate that these service providers may only use your information in connection with the services they perform for Digikraal, not for their own benefit and under the same standards as how Digikraal operates.
Digikraal is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Digikraal, or to protect and defend Digikraal’s rights or property. In the event of a fraudulent EFT payment or misuse of the provided banking details, Digikraal is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
Digikraal will ensure that all of its employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Digikraal’s in relation to your personal information.
treat your personal information as strictly confidential, save where Digikraal is entitled to share it as set out in this policy;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide you with reasonable access to your personal information to view and/or update personal details;
promptly notify you if Digikraal becomes aware of any unauthorised use, disclosure or processing of your personal information;
provide you with reasonable evidence of Digikraal’s compliance with its obligations under this policy on reasonable notice and request; and
upon your request, promptly correct, return or destroy any and all of your personal information in Digikraal’s possession or control, save for that which Digikraal is legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
Digikraal will not retain your personal information longer than the period for which it was originally needed, unless Digikraal is required by law to do so, or you consent to Digikraal retaining such information for a longer period.
Digikraal undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst Digikraal will do all things reasonably necessary to protect your rights of privacy, Digikraal cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in Digikraal’s possession, made by third parties who are not subject to Digikraal’s control, unless such disclosure is as a result of Digikraal’s gross negligence.
collected using those “cookies”, subject to the provisions of these Terms and the Website’s other policies.
The user is entitled to request access to any relevant personal data held by Digikraal and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any Buyer or Seller or third-party, as the case may be, the user must approach that party for the realisation of the user’s personal data rights with them, and not with Digikraal.
Users acknowledge that any content provided on the Website, including via the messaging system, enters an open, public forum, and is not confidential.
Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
INTELLECTUAL PROPERTY PROTECTION
All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, 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 Digikraal in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Digikraal, its members, 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 Digikraal first being granted, which consent may be refused at the discretion of Digikraal. No modification of any intellectual property or editorial content or graphics is permitted.
Digikraal 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 or the Sale Terms resulting in livestock transaction 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 Digikraal 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, Digikraal 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 Digikraal.
Any enquiries regarding any of the above relating to intellectual property must be directed to Digikraal at firstname.lastname@example.org
The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Digikraal 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 or the information contained in it.
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 Digikraal. While Digikraal makes every reasonable effort to present such information accurately and reliably on the Website, Digikraal does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
Digikraal, its members, 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 and/or transactions or actions resulting therefrom.
Digikraal, its members, 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, Buyers and Sellers from locations outside of South Africa, please note that Digikraal 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, please contact Digikraal at email@example.com to engage you on its application.
Digikraal 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, Digikraal 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 Digikraal, members, employees, and partners from any demand, action 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 Digikraal harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
This clause will survive termination of this agreement.
Site owner: Digikraal Proprietary Limited
Legal Status: Private limited liability company
Registration Number: 2016/196096/07
Director: D.J. Eksteen & J.M. de Ridder
Description of main business: Livestock Agency
Telephone number: 0647567131
E-mail address: firstname.lastname@example.org
Website address: www.digikraal.co.za
Physical address: 57 Main Road, Southern Paarl, Paarl, 7624.
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 the Republic of South Africa only.
Should any dispute, disagreement or claim arise between the parties concerning use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Should the 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 discussion on their behalf.
Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape Town, Western Cape 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 platform. 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.
TERMINATION OF USE OF WEBSITE OR SERVICES
IN ADDITION TO THE RIGHTS ABOVE, DIGIKRAAL RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR ACCOUNT IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT DIGIKRAAL GIVES REASONABLE NOTICE TO YOU.
If you wish to terminate the agreement with Digikraal, 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 agreement and/or the Services shall survive the termination of this agreement for all purposes, including the payment of any fee due and payable by a Buyer to Digikraal or Digikraal to a Seller (subject to such funds being received from the Buyer).
In the event of cancellation of your agreement with the Terms and with Digikraal, Digikraal 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 Digikraal, at email@example.com; or
in the case of the user, at the e-mail and addresses provided by the user to Digikraal in the registration process.
The term “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
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 1.4 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 Digikraal shall constitute a waiver of any of Digikraal’s rights under these Terms and, accordingly, Digikraal 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 the Republic of South Africa.
Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising Digikraal 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 Digikraal 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 17.8 mutatis mutandis.