Terms & Conditions

Where provisions are highlighted in bold text, you are required to pay special attention to such provisions as they have a serious impact on your rights and VSGG wishes to draw your attention thereto.

Welcome to the VS Groeiersgroep App (the "App"). VS Groeiersgroep (Pty) Ltd (“VSGG”) provides the use of the App on these terms and conditions (the “Terms”), which govern your use of the App. By using or accessing the App, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access, display, use, or download the App or otherwise use, copy or distribute the content on the App (“Content”).

Description of the App        
The App is a platform that allows members to communicate with each other, upload products to be sold to other users of the App, and access invoices, statements, and other documents related to their transactions. The App also provides market prices to help members make informed decisions.

Membership
To use the App, you must be a shareholder of VSG. Use of the App is free, but subject to approval by the group administrators. VSGG reserves the right to:refuse services; suspend or terminate your access to the App; and remove or edit the Content at its sole at any time for any reason. Should you no longer be a shareholder of VSGG, your access to the App will be revoked.

User Conduct
You are responsible for your conduct on the App. You must comply with all applicable laws and regulations, as well as these Terms. You agree not to use the App for any illegal or unethical purpose, including but not limited to: uploading or sharing any material that is unlawful, obscene, or harmful; harassing, defaming, or threatening any person; or violating any intellectual property rights. You may not use, copy, adapt, redistribute, or modify the Content or any part thereof or frame, "mirror", data-mine (by way of but not limited to, robots, crawlers or other similar programs) or cache the App or reverse engineer, copy, modify, re-distribute, decompile, or create a derivative work of the App or VSGG’s software, or any part thereof.

You agree not to: use the App in a manner that may infringe the intellectual property rights of VSGG or the proprietary rights of others, including the transmission of pirated software; use the App to transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended; or act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the App, or otherwise interferes with its proper and timely functioning.

You may not add, delete, distort, or otherwise modify the content provided by VSGG (“Content”). Any unauthorised attempt to modify any Content, to defeat or circumvent VSGG’s security features, or to utilise the App  for any purpose other than its intended purpose is strictly prohibited.

Confidentiality

The Content on the App is confidential and the unauthorised disclosure thereof to third parties or persons who are not shareholders of VSGG may cause irreparable loss, harm, and damage to VSGG and its shareholders. You undertake in favour of VSGG and its service providers to keep the information obtained from the App confidential and that you shall not use the information for your benefit or the benefit of a third party.

Intellectual Property Rights

VSGG reserves the right to make improvements, change, or discontinue, without notice, any aspect or feature of the App and Content, without notice to you.

The Content is provided by VSGG, or by a supplier of products, unless otherwise provided herein. The intellectual property rights to the Content available on the App or made available by VSGG or any of its selected service providers, suppliers, or agents are the property of or licensed to VSGG and may not be used other than as set out herein.

The names, images, and logos identifying VSGG or the products and services of a third party, are the intellectual property of the VSGG and subject to copyright, design right, and trademark protection. Unless specifically agreed to under these Terms, nothing contained herein shall be construed as conferring any licence or right to use any intellectual property by VSGG or any other third party.

Content Ownership: User Content
You retain ownership of any content you upload to the App. However, by uploading content, you grant VSGG a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute your content for the purposes of operating and promoting the App. You hereby indemnify VSGG against any claim, loss, penalty, and damage (including all costs incurred) whatsoever for the infringement of intellectual property of a third party or breach of any privacy policy between yourself and any third party as a result of an upload or submission to the App.

Linked Sites

The App may contain links to other websites that are not controlled or maintained by VSGG. The use of linked websites is at your own risk. Any inclusion of such links on the App does however not imply its endorsement of the linked site nor the content thereof.

Selling and Purchasing
The App allows you to upload products to be sold and advertised to other users of the App. VSGG does not take any responsibility for the quality of the products or the accuracy of the information provided by sellers. Buyers are responsible for verifying the quality of the products and making informed purchase decisions. VSGG does not guarantee the availability of any product and reserves the right to remove any product from the App for any reason whatsoever. VSGG shall not facilitate the selling or buying of any products or services between users of the App or third parties.

You may not sell any illegal goods or services and VSGG retains the right to remove any advertisements or posts in its sole and unfettered discretion.

VSGG shall not be responsible for any sales or be involved in the provision of goods or services advertised to users of the App in any capacity whatsoever. You hereby indemnify VSGG against any claim, loss, penalty, and damage (including all costs incurred) whatsoever that VSGG may incur as a result of you selling or advertising any products or services on the App.

Payment terms are determined by the sellers and buyers and are not the responsibility of VSGG. VSGG does not take any responsibility for any transactions between users of the App or third parties.

Market Prices          
The App provides market prices to help members make informed decisions. However, these prices are provided for informational purposes only and should not be relied upon as the sole basis for making purchasing decisions. VSGG cannot warrant the accuracy of market prices provided on the App.

Invoicing and Payments      
You can access your invoices and statements issued by VSGG or its service providers through the App.

Disclaimer of Warranties   
The App and the Content is provided “as is” and without warranty of any kind. VSGG does not guarantee the accuracy, completeness, or reliability of any information provided through the App. VSGG does not guarantee that the App will be error-free or uninterrupted. Your use of the App is at your own risk.

VSGG does not warrant that it has control over the persons who have access to the App, or the submissions or uploads provided by such users.

Limitation of Liability        
To the fullest extent permitted by law, VSGG will not be liable for any direct, indirect, incidental, special, or consequential damages, expenses, penalties, costs, or losses whatsoever arising out of or in connection with your use of (or inability to use) the App, including but not limited to damages for lost profits, loss of data, loss of revenue, anticipated savings, goodwill, reputation, delays or business interruption, even if VSGG has been advised of the possibility of such damages or losses. VSGG total liability to you for all claims arising out of or in connection with your use of the App will not exceed the amount paid by you, if any, to use the App.

• VSGG shall not be held liable for any errors or omissions in any of its publications and documentation (including any such material, information, publications, and documentation made available in digital or electronic media format).

Indemnification
You indemnify and hold VSGG harmless from any claims, damages, losses, penalties, legal costs, or other expenses arising out of or in connection with your use of (or inability to use) the App or your breach of these Terms.

Termination
We reserve the right to terminate or suspend your access to the App at any time, for any reason, without prior notice. In the event of termination, these Terms will continue to apply to your past use of the App and shall not affect any provisions which must necessarily continue to apply despite termination (including without limitation your obligation to keep information relating to the App and the Content confidential).

Changes to the Terms         
We may update these Terms from time to time. We will notify you of any changes by posting the updated Terms on the App. Your continued use of the App after any such changes will constitute your acceptance of the updated Terms.

Governing Law and Jurisdiction   
These Terms and your use of the App will be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms or your use of the App will be subject to the exclusive jurisdiction of the courts of South Africa.

Entire Agreement    
These Terms constitute the entire agreement between you and VSGG with respect to the use of the App and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and VSGG.

Contact Us    
If you have any questions or concerns about these Terms, please contact us at lindie@vsagri.co.za

EULA

End User License Agreement for the App:

IMPORTANT – READ CAREFULLY BEFORE USING THE SOFTWARE: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or an entity) and VSGG (“Licensor”) for the use of the App (“Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the Software.

1. Grant of License Subject to the terms and conditions of this EULA, Licensor hereby grants you a non-exclusive, non-transferable license to use the Software for your personal or internal business purposes.

2. Restrictions on Use You may not, and may not permit others to:

• copy, distribute, or create derivative works based on the Software;
• rent, lease, or lend the Software;
• reverse engineer, decompile, or disassemble the Software;
• use the Software for any illegal or unethical purpose;
• remove or obscure any copyright or other proprietary notices from the Software or any related materials.

1. Ownership The Software is licensed, not sold. The Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights.
2. Support and Updates Licensor may, but is not obligated to, provide support and updates for the Software. Any support or updates provided will be subject to the terms and conditions of this EULA.

5. Termination This EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must immediately cease all use of the Software and destroy all copies of the Software in your possession.
6. Harmful Content You agree not to upload any products to the Software that contain harmful content, including but not limited to viruses, malware, or any other code, files, or programs that may damage or disrupt the normal operation of the Software or any related systems.
7. Limitation of Liability In no event will the Licensor be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use the software, including but not limited to damages for lost profits, loss of data, or business interruption, even if licensor has been advised of the possibility of such damages.
8. Governing Law and Jurisdiction This EULA will be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or in connection with this EULA will be subject to the exclusive jurisdiction of the courts of South Africa.
9. Entire Agreement This EULA constitutes the entire agreement between you and Licensor with respect to the use of the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Licensor.
10. Contact Information If you have any questions or concerns about this EULA, please contact Licensor at lindie@vsagri.co.za

Privacy Policy

VSGG is committed to protecting your privacy. This privacy policy (“Privacy Policy”) explains how we collect, use, and disclose your personal information when you use the App.

Information We Collect      
When you use the App, we may collect the following types of personal information:

• Contact information, such as your name and email address.
• Transaction information, such as invoices, statements, and other documents related to your transactions on the App;
• Product information, such as the products you upload to be sold within the group;
• Usage information, such as your interactions with the App and your preferences;
• Device information, such as your device type and operating system.

How We Use Your Information     
We may use your personal information for the following purposes:

• To provide and improve the App;
• To communicate with you about the App and related products and services;
• To process your transactions on the App;
• To personalise your experience on the App;
• To comply with legal and regulatory requirements.

Disclosure of Your Information     
We may disclose your personal information to the following types of third parties:

• Service providers who help us operate the App and provide related products and services;
• Other members of the VSGG who are involved in the same transactions as you;
• Law enforcement or other government authorities, as required by law or to protect our legal rights;
•  

Security of Your Information        
We take reasonable measures to protect your personal information from unauthorised access, use, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your information.

Data Retention         
We will retain your personal information for as long as necessary to fulfil the purposes for which it was collected, unless a longer retention period is required or permitted by law.

Your Choices
You may choose to limit the collection or use of your personal information by:

• Not providing certain information when requested; or
• Adjusting your device settings to limit the collection of usage information.

Children’s Privacy   
The App is not intended for children under the age of 18. We do not knowingly collect personal information from children under the age of 18 without parental consent.

Changes to this Privacy Policy       
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the updated Privacy Policy on the App. Your continued use of the App after any such changes will constitute your acceptance of the updated Privacy Policy.

Contact Us    
If you have any questions or concerns about this Privacy Policy, please contact us at lindie@vsagri.co.za.

The App is developed, maintained and managed by Africa Farmers Network

Data Utilization Consent

AFN operates with a Data Propriety Pledge (below) in its Privacy Policy, whereby all raw data that originates from the commercial or personal operations and conditions of a registered user, remain in principle the property of such respective registered user and may not be provided to any third party. The details of the Privacy Notice, the Data Propriety Pledge and the Terms and Conditions are available on the website of AFN, where you will register yourself. The AFN Privacy Notice is compliant with South African, European Union, United Kingdom and Swiss law on protection of personal information.

The Africa Farmers Network Data Propriety Pledge

AFN creates value for farmers and for itself by making use of personal, financial and operational data from registered users. With registration, a licensing agreement comes into force that stipulates that all raw data remains in principle the property of the respective registered users. Raw data are data that originate from the commercial or personal operations and conditions of a registered user, and which have not been aggregated, processed, transformed or otherwise been treated, except for being sent, received or stored.

The initiators, founders, managers, employees and suppliers of any AFN Group company pledge both in this licensing agreement and in their respective employment or service contracts, that they will not provide or sell any registered user’s raw data to other parties outside of AFN. If the raw data is utilized in third party tools and instruments outside of AFN, for instance to provide useful information and analytics to the registered users, then it will be ensured that such third party may not be capable of accessing the farmer’s raw data and divert them to their own uses.

The same licensing agreement grants permission to AFN to aggregate, process, transform or otherwise treat the raw data into synthesized results, and valorize such synthesized data both for itself and the benefit of the registered users, for instance by designing insightful decision-making models, or by sharing them with third parties. Synthesized data must be irreversible, so they shall not allow disaggregation back to the raw data identifiable to a particular individual registered user (the raw egg principle: raw eggs can be turned into a cooked scrambled egg, but not the reverse). Synthesized data, as well as all models, instruments, services and other intellectual property used to create such synthesized data, are in principle the property of the AFN Group of companies.

Transfer of either raw data belonging to the user, or transfer of processed data that can be identified to a particular user, requires explicit consent from the registered user.

By the same principle, any future investor in AFN will also not have access to the raw data of registered users, and must comply with this same Data Propriety Pledge. The initiators, founders and managers of AFN furthermore pledge that they will not sell the AFN enterprise to investors who might gain majority or full control, and thus indirectly gain access to the raw data for their commercial or otherwise benefit and to the detriment of the registered users. In the event that such change of control would nonetheless happen which puts the spirit and intention of this Data Propriety Pledge into danger, the data licenses which AFN makes use of, shall automatically expire, and in this way the raw data becomes automatically unavailable to such a potential future owner.