Farmspace Market Terms and Conditions
Introduction:
These Terms and Conditions govern your use of the Farmspace Market website (the "Website"), including any content, functionality, and services offered on or through the website. By using the Website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Website.
Description
Farmspace Market is an online timed auction platform for farm-related items. Users can upload items for auction, set a reserve price, and choose whether or not to sell the item if the reserve price is not met. A 2% (ex VAT) transaction fee will be applied to the final auction price (VAT Incl) for the use of the escrow account after every sale payable by the seller. The escrow account is run by AgTransact in partnership with Tradesafe and Standard bank. We also offer a financing option through a third-party called Auction Financing. By using this option, you agree to allow Farmspace Market to share your data with them, only when you specifically request financing or have pre-approved financing for an item.
User Account and Africa Farmers Network (AFN):
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and phone. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. To use Farmspace Market, you will need to create an Africa Farmers Network (AFN) profile. AFN is a farmer platform that uses data to assist farmers with risk mitigation and financial products. The data is always the property of the user and can be deleted at any moment.
Data Protection Policy:
Farmspace Market complies with the Protection of Personal Information Act of South Africa (POPIA). We collect, use, and store your personal information in accordance with POPIA. By using the Website, you consent to the collection, use and storage of your personal information in accordance with POPIA.
Disclaimer:
Farmspace Market makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Farmspace Market serves as a tool to bring farmers together, Farmspace Market, Farmspace or any of its affiliates cannot be held accountable for items bought on the platform.
Limitations of Liability
To the maximum extent permitted by law, Farmspace Market and its affiliates, officers, agents, and employees will not be liable for any direct, indirect, incidental, special, or consequential damages, or any loss of profits, revenues, data, or use, arising out of or in connection with the use of Farmspace Market, whether based on warranty, contract, tort, or any other legal theory, and whether or not Farmspace Market is advised of the possibility of such damages.
Indemnity:
You agree to indemnify Farmspace Market, and its directors, officers, agents, and employees, from and against any claims, actions or suits or proceedings, as well as any losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Website, your violation of these Terms and Conditions, or your violation of any rights of another.
Governing Laws:
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.
- The seller is solely responsible for the accuracy, quality, and legality of the items you list for sale on Farmspace Market.
- The seller must ensure that your listings comply with all applicable laws and regulations, as well as these Terms and Conditions.
- The seller may not list items that infringe on the intellectual property rights of others.
- The seller must ensure that the items you list for sale on Farmspace Market are available for sale and can be shipped or delivered to the buyer in a timely manner.
- The seller responsible for arranging the shipping and handling of the items you sell with the buyer.
- The buyer is responsible for collection cost unless otherwise agreed with the seller.
- The seller must provide accurate and honest descriptions of the items you list for sale, including any defects or issues.
- The seller must promptly respond to any inquiries or complaints from buyers.
- The seller & buyers must comply with all applicable tax laws and regulations in relation to your use of Farmspace Market.
- If a transaction is unable to completed from whatever reason., the funds will be held in the escrow account, and the buyer and seller will have to work together to release the funds.
- No party shall use Farmspace Market for any fraudulent or illegal activities.
- The user agrees to provide accurate and complete information when registering for and using Farmspace Market, and to keep such information up to date.
- The user may not engage in any activity that may interfere with the operation of Farmspace Market or its servers, or that may cause harm to the platform, its users, or any other person.
- The user is solely responsible for ensuring that the use of Farmspace Market and the purchase and sale of products through the platform comply with all applicable laws and regulations.
- When bidding on a product listed on Farmspace Market, the bid you make is legally binding and you have the responsibility to pay the amount you agreed to by bidding.
- Payments for products purchased through Farmspace Market must be made through the platform's secure payment system.
- By making a bid on a product, you agree to be bound by the terms and conditions of sale set by the farmer selling the product, which may include terms and conditions regarding payment, delivery, and returns.
- A Seller may request a lot to be removed if the item cannot be sold. Sufficient proof and reason need to be provided for the item to be removed. All bids made on the item will be null and void if the item is removed by admin.
- Record is kept of all contact details given out to potential buyers. If a lot is removed and it comes to light later that the buyer got in contact through Farmspace Market and bought directly from the seller. The seller will be liable for a 2% cancellation fee on the reserve price of the item.
Disclaimer of Warranties (“voetstoots”)
Farmspace Market is provided "as is" or “voetstoots” and without any warranty or condition, express, implied, or statutory. Farmspace Market does not make any representations or warranties about the accuracy, completeness, security, or reliability of the platform or its content, and disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Farmspace Market reserves the right to modify these Terms at any time and without prior notice to you. The revised Terms will be posted on the Farmspace Market website, and your continued use of the platform after any such revision constitutes your acceptance of the revised Terms.
- You are responsible for regularly reviewing these Terms, and your continued use of Farmspace Market after any such revision constitutes your acceptance of the revised Terms.
Termination
Farmspace Market may, in its sole discretion, at any time terminate or suspend all or a portion of the platform, or your use of all or a portion of the platform, with or without notice and with or without cause.
- A waiver of any provision of these Terms will be effective only if in writing and signed by Farmspace Market.
- If any provision of these Terms is found to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in full force and effect.
- You may only use the Website for lawful purposes.
- You may not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
- You may not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Farmspace Market's express written consent.
- You may not use the Website to transmit or send unsolicited commercial communications.
- You may not use the Website for any purposes related to marketing without Farmspace Market's express written consent.
- By using Farmspace Market, you agree to be bound by these Terms and Conditions and the Website Terms of Use.
PRIVACY POLICY
Farmspace Market is committed to protecting the privacy of its users. This privacy policy (the "Privacy Policy") sets out how Farmspace Market collects, uses, and protects the personal information of its users. The Privacy Policy applies to all personal information collected by Farmspace Market, whether through its website, mobile applications, or any other means.
Collection of Personal Information
1.1 Farmspace Market collects personal information from its users in order to provide the services offered through the platform. This information may include your name, contact details, payment information, and other information related to your use of the platform.
1.2 Farmspace Market may also collect personal information from its users through the use of cookies, tracking pixels, and other similar technologies. This information may include your IP address, browser type, device type, and other information about your use of the platform.
Use of Personal Information
2.1 Farmspace Market uses the personal information collected from its users to provide the services offered through the platform, to improve the platform, to provide customer support, and to send marketing communications.
2.2 Farmspace Market may also use the personal information collected from its users for research purposes, to comply with legal obligations, and for any other purposes set out in this Privacy Policy.
Sharing of Personal Information
3.1 Farmspace Market may share the personal information collected from its users with its affiliates, service providers, and other third parties for the purposes set out in this Privacy Policy.
3.2 Farmspace Market may also share the personal information collected from its users with law enforcement, government authorities, or other third parties as required by law or to protect the rights and safety of Farmspace Market and its users or for financial service.
Protection of Personal Information
4.1 Farmspace Market implements appropriate technical and organizational measures to protect the personal information collected from its users against unauthorized access, use, disclosure, or destruction.
Retention of Personal Information
5.1 Farmspace Market retains the personal information collected from its users for as long as necessary to fulfil the purposes set out in this Privacy Policy, and to comply with legal obligations.
Access and Correction of Personal Information
6.1 Users of Farmspace Market may access their personal information by logging into their account on the platform. Users may also correct or update their personal information by logging into their account on the platform.
Changes to Privacy Policy
7.1 Farmspace Market may modify this Privacy Policy from time to time. Any changes to this Privacy Policy will be posted on the platform and will become effective upon posting.
Complaints and Enquiries
8.1 If you have any complaints or enquiries about this Privacy Policy or the handling of your personal information by Farmspace Market, please contact us at marco@farmspace.co.za.
POPIA and GDPR Compliance
9.1 Farmspace Market complies with the Protection of Personal Information Act of 2013 (POPIA) and the General Data Protection Regulation (GDPR) by taking appropriate technical and organizational measures to protect the personal information of its users.