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Terms and Conditions

Stall owners and customers use Growzit voluntarily as a platform to facilitate trade, facilitate payments and coordinate deliveries of products and services. For users to utilise the Growzit platform they are required to agree to, and abide by, the terms and conditions outlined herein.

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Introduction

  • These terms are effective 1 April 2020

Welcome to www.growzit.co.za (“Growzit”). These Terms of Use, the Rules for Posting, the Privacy Notice, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).

All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use Growzit. You affirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.

Using Growzit

Growzit is provided to you by Fly me to the moon farm inc., also referred to below as “Growzit”.

As a condition of your use of Growzit you, agree that you will not:

  • violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
  • violate any applicable posting rules;
  • Post listings that were not produced directly and locally (at the address you present) by you, or your company that you are a legal representative of. By produced, we mean (a) grown, (c) created, (b) built from raw materials, or (c) modified significantly to a level that a resultant product it is considered a different product than its original.
  • post listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, manufacture/growing techniques, delivery and any additional charge;
  •  post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
  • use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
  • post any material that is harmful to, harms or could harm minors in any way;
  • be false or misleading or employ false or misleading advertising practices;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Growzit or the interests or property of Growzit users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Growzit;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Growzit and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
  • use the information available in Growzit to contact the users or the advertisers for any purpose other than for the use of the Services;
  • bypass measures used to prevent or restrict access to Growzit.
  • You are solely responsible for all information that you submit to Growzit and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing Growzit

Growzit and the Growzit community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Growzit if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off Growzit or not, we do not accept any liability for monitoring Growzit or for unauthorized or unlawful content on Growzit or use of Growzit by users. You also recognise and accept that Growzit is not under any obligation to monitor any data or content which is submitted to or available on the site.

Fees for customers

Excluding purchases and delivery, Growzit is free for customers using to use, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time when you are requesting to use a service. Our fees are quoted in South African Rand, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site.

Our fees are non-refundable, and you are responsible for paying them when requesting a paid service. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.

Fees for stall owners

Account fees. Establishing a stall is free for all venders, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time when you are requesting to use a service. Our fees are quoted in South African Rand, and we may change them from time to time.

Commission fees. Growzit platform retains a set commission on each and every sale. This commission is scaled, and will be communicated at time of opening stall . This commission will be retained in the platforms holding account from which the remainder of the fee (for producer) can be withdrawn in line with our withdrawel policy.

Promotion fees: On occasion, Growzit may offer stall owners promotional opportunities for their products and/or services. Stall owners will be able to review and accept promotional products and any additional terms and conditions applicable, including cost and forms of payment, for the product at the time of purchase. This will be clearly disclosed at the time when you are offered the service / product. Our fees are quoted in South African Rand, and we may change them from time to time.

We may choose to temporarily change our fees for promotional services or new services; these changes are effective when we announce the promotional service or new service.

Content

Growzit contains content from us, you, and other users. Growzit is protected by copyright laws and international treaties. Content displayed on or via Growzit is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Growzit without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Growzit. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Growzit (other than your own content).

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

You represent and warrant that none of the following infringe the license (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the Growzit Terms of Use.

Infringements

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Growzit by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Growzit.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form, scan and email it to Growzit. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Grozit to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Growzit via thee-mail addressprovided.

Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.

For all other questions, visitors and advertisers can get Help by using this knowledge base or opening a case.

Liability

Growzit does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. Growzit only provides the platform and contract delivery services.

As explained above, we do not actively monitor data or content. We are not involved in the actual transactions between stall owners and customers. Growzit operates as a payment processor in connection only with transactions conducted on this site.

As most of the content on Growzit comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction. You agree not to hold us responsible for things other users post or do.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

Growzit may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of Growzit. Growzit is not involved in transactions between users and the operators of such third party sites. Growzit does not accept responsibility for their content, services and/or products.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.

While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Growzit, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

Guarantees

Growzit does not act as a supplier as contemplated in the Consumer Protection Act of any products or services offered on the site, and is not the party to marketing the goods/services. Growzit only provides the selling platform, payment facilitation platform and contract delivery services for products.

With respect to ‘Customer Guarantee’ Growzit accepts no liability in the quality, bonafides of any product or service offered on the site. It is incumbent on the user to liase directly with a stall owner to ensure that purchases made are in accordance with the users intention.

Inspection opportunity – Growzit customers have the right to inspect products for a period of 10 minutes at time of delivery. If following inspection, the product does not meet the requirements of the customer, they have the right not to receive the product and have it returned to the stall owner.

In case of returning goods, owners will receive a refund for the purchase price of the products minus a 10% handling fee and minus the delivery costs.

Personal Information

By using Growzit, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Growzit on servers located in South Africa, and for such purposes, as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

General

These terms and the other policies posted on Growzit constitute the entire agreement between Growzit and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against Growzit must be resolved by the courts of South Africa, and you and Growzit both agree to submit to the non-exclusive jurisdiction of South Africa.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to 182 Aalwyn Way, Aalwyndal, Mossel Bay 6520, South Africa. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Disputes

If a dispute arises between you and growzit, we strongly encourage you to first contact us directly to seek a resolution by going to the Growzit support page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Security

In order to ensure the security and reliable operation of the site for all users, Growzit reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offence detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Growzit and its affiliates, agents and/or partners.

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