1. Introduction
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The Agricultural Research Council, including its research institutes ("ARC" or "we" or "us" or
"our") provides the information contained on this website and/or Application ("App") or any of
the pages comprising the website and/or App ("website"/"App") to visitors ("visitors")
(cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set
out in these website and/or terms and conditions, the privacy policy and any other relevant
terms and conditions, policies and notices which may be applicable to a specific or module of
this website and/or App.
2. Information on the website and/or application
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Whilst every effort is made to update the information contained on the website and/ or App,
neither ARC nor third party or data or content provider shall make any representations or
warranties, whether express, implied in law or residual, as to the sequence, accuracy,
completeness or reliability of information, opinions, research information which may be
provided by any information contained on the website (including but not limited to any
information which may be provided by any third party or data or content providers)
("information") and shall not be bound in any manner by any information contained on the
website and/or App. ARC reserves the right at any time to change or discontinue without notice,
any aspect or feature of this website and/or App. No information shall be construed as advice
and information is offered for information purposes only and is not intended for trading
purposes. You and your company rely on the information contained on this website and/or App
at your own risk. If you find an error or omission at this site, please let us know.
3. Trade marks
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The trade marks, names, logos and service marks (collectively "trade marks") displayed on this
website and/ or App are registered and unregistered trade marks of ARC. Nothing contained on
this website and/or App should be construed as granting any license or right to use any trade
mark without the prior written permission of the ARC.
4. External links
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External links may be provided for your convenience, but they are beyond the control of the ARC
and no representation is made as to their content. Use or reliance on any external links and the
content thereon provided is at your own risk. When visiting external website and/ or App terms
and conditions of use. No hypertext links shall be created from any website and/or App
controlled by you or otherwise to this website and/ or App without the express prior written
permission of the ARC.
5. Public forum and user submissions
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The ARC is not responsible for any material submitted to the public areas by you (which include
bulletin boards, hosted pages, chat rooms, or any other public area found on the website and/
or App. Any material (whether submitted by you or any other user) is not endorsed, reviewed or
approved by ARC. ARC reserves the right to remove any material submitted or posted by you in
the public areas, without notice to you, if it becomes aware and determines, in its sole and
absolute discretion that you are or there is the likelihood that you may, including but not limited
to:
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any
third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful
material or information;
5.3 post or upload file that contain viruses, corrupted files or any other similar software or
programmes that may damage the operation of ARC's and/or a third party's computer system
and/or network;
5.4 violate any copyright, trade mark, other applicable South African or international laws or
international property rights of the ARC or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit
business.
6. Specific use
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You further agree not to use the website and/or App to send or post any message or material
that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar,
obscene, sexually orientated, racially offensive, profane, pornographic or violates any
applicable law and you hereby indemnify the ARC against any loss, liability, damage or expense
of whatever nature which the ARC or any third party may suffer which is caused by or
attributable to , whether directly or indirectly, your use of the website and/or App to send or
post any such message or material.
7. Warranties
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ARC makes no warranties, representations, statements or guarantees (whether express,
implied in law or residual) regarding the website and/or App, the information contained on the
website and/or App, your or your company's personal information or material and information
transmitted over our system.
8. Disclaimer of liability
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ARC shall not be responsible for and disclaims all liability for any loss, liability, damage
(whether direct, indirect or consequential), personal injury or expense of any nature whatsoever
which may be suffered by you or any third party (including your company), as a result of or
which may be attributable, directly or indirectly, to your access and use of the website and/or
App, any information contained on the website and/or App, your or your company's personal
information or material and information transmitted over our system. In particular, neither ARC
nor any third party or data or content provider shall be liable in any way to you or to any other
person, firm or corporation whatsoever for any loss, liability, damage (whether direct or indirect
or consequential), personal injury or expense of any nature whatsoever which may be suffered
by you or any third party (including your company), as a result of or which may be attributable,
directly or indirectly, to your access and use of the website and/ or App, any information
contained on the website and/ or App, your or your company's personal information or material
and information transmitted over our system. In particular, neither ARC nor any third party or
data or content provider shall be liable in any way to you or to any other person, firm or
corporation whatsoever for any loss, liability, damage (whether direct or consequential),
personal injury or expense of any nature whatsoever arising from any delays, inaccuracies,
errors in, or omission of any share price information or the transmission thereof, or for any
actions taken in reliance thereon or occasioned thereby or by reason of non-performance or
interruption, or termination thereof.
9. Use of the website and/or application
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The ARC does not make any warranty or representation that the information on the website
and/or App is appropriate for use in any jurisdiction (other than the Republic of South Africa). By
accessing the website and/or App, you warrant and represent to ARC that you are legally
entitled to do so and to make use of information made available via the website and/or App.
10. Email disclaimer
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This email disclaimer and confidentiality note is enforceable and binding on the
recipient/addressee in terms of Section 11(1) and 11(3) of the Electronic Communications and
Transactions Act 25 of 2002.
This email, any links and attachments transmitted with it may be confidential, legally privileged
and protected by law and are the property of the Agricultural Research Council. It is intended
for the sole use of the individual or entity to which it is addressed. No person, other than the
recipient (so indicated by the sender) may use or disclose the contents of this email, links or
attachments thereto, to any person whatsoever. Unauthorized disclosure and /or use may
result in civil and criminal liability, applicable by law. If you have received this email in error,
please immediately notify the sender and delete the email and its attachments (if any). Do not
disclose the contents to any other person or use it for any purpose or store or copy or distribute
the information contained in the email in any medium. Any disclosure, copying or distribution of
the contents of this email transmission or the taking of any action in reliance thereon or
persuade thereto, is strictly prohibited. At no time may you act on the information contained
therein. Any views or opinions presented in tis email are solely those of the author and do not
necessarily represent those of the ARC.
The ARC and the sender of the email accept no liability whatsoever for any loss or damages or
howsoever incurred or suffered resulting or arising from the use of this email or its attachment.
The recipient who uses the email hereby indemnifies the ARC and the sender against loss or
damages suffered by any third arty. Neither the ARC nor the sender warrant the integrity of this
email nor that it is free errors, viruses or that it has been intercepted. The ARC reserves the right
to intercept, filter, view, block, delete, access, copy read and act upon this email massage and
all email messages sent as reply messages to the email address of the sender. If this email
message is used for purposes unrelated to the official business of the ARC, the ARC shall not
be liable for any damage or loss caused by the contents of the massage and the sender shall
full responsibility thereof in his/her personal capacity.
11. Collection and protection of personal information
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11.1 ARC is committed to protecting the security and privacy of third parties (including its
customers and all visitors to the website/app). We will comply with the requirements of the
Protection of Personal Information Act 4 of 2013, all similar or related legislation relating to the
processing of Personal Information and/or privacy applicable in any jurisdiction and will take
reasonable steps to ensure that your Personal Information is secured and monitored with
regards to access, both internally and externally.
11.2 We will ensure that your Personal Information is handled in accordance with the POPI Act
and any other Protection Legislation. By engaging with the app, you acknowledge that we may
collect, use, and transfer your Personal Information as set out in these terms and conditions.
11.3 For the purposes of the Protection of Personal Information Act Legislation, ARC is a
responsible party and must observe the provisions of the act when processing your personal
information.
11.4 As part of accessing the app, your name, surname, phone number and location
information will be required.
11.5 The name and surname will be required for profile completion; the phone number will be
used for the profile login via SMS verification and location information will be required to
identify users for weather and early warning systems.
11.6 You have the right to access, rectify, limit, oppose and delete personal data/ about you.
You can also withdraw your consent to the processing of your personal data at any time.
11.7 You have the right to ask us not to process your Personal Information for marketing or
research purposes. We will usually inform you (before collecting your Personal Information) if
we intend to use your Personal Information for such purposes or if we intend to disclose your
Personal Information to any third party for such purposes.
12. General
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12.1 Entire agreement. This website and/or App terms and conditions constitute the sole record
of the agreement between you and ARC in relation to your use of website and/or App. Neither
you nor the ARC shall be bound by any express tacit nor implied representation, warranty,
promise or the like not recorded herein. Unless otherwise specifically stated in this website
and/ or App terms and conditions supersede and replace all prior commitments, undertakings
or representations, whether written or oral, between you and ARC in respect of your use of the
website and/or App.
12.2 Alteration. The ARC may at any time modify any relevant terms and conditions, policies or
notices. You acknowledge that by visiting the website and/ or App from time to time, you shall
become bound to the current version of the relevant terms and conditions (the "current
version") and, unless stated in the current version, all previous versions shall be superseded by
the current version. You shall be responsible for reviewing the current version each time you
visit the website and/or App.
12.3 Conflict. Where any conflict or contradiction appears between the provisions of these
website and/or App terms and conditions and any other relevant terms and conditions, policies
or notices, the other relevant terms and conditions, policies or notices which relate specifically
to a particular section or module of the website and/ or App shall prevail in respect of your use
of the relevant section or module of the website and/or App.
12.4 Waiver. No indulgence or extension of time which either you or ARC may grant to the other
will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future
rights of the grantor in terms hereof, save in the event or to the extent that the grantor has
signed a written document expressly waiving or limiting such rights.
12.5 Cession. The ARC shall be entitled to cede, assign and delegate all or any of its rights and
obligations in terms of any relevant terms and conditions, policies and notices to any third
party.
12.6 Severability. All provisions of any relevant terms and conditions, policies and notices are,
notwithstanding the manner in which they have been grouped together or linked grammatically,
severable from each other. Any provision of any relevant terms and conditions, policies and
notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness,
invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and
only to the extent that it is so unenforceable, be treated as pro no scrip to and remaining
provisions of any relevant terms and conditions, policies and notices shall remain in full force
and effort.
12.7 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed
by and construed in accordance with laws of the Republic of South Africa without giving effect
to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High
Court of South Africa in respect of any disputes arising in connection with website and/or App,
or any relevant terms and conditions, policies and notices or any matter related to or in
connection therewith.
12.8 Comments or questions. If you have any questions, comments or concerns arising from
the website and/ or App, the privacy policy or any other relevant terms and conditions, policies
and notices or the way in which we are handling your personal information please contact us
through our Service Desk (ServiceDesk@arc.agric.za , 0800427000).
SOUTH AFRICAN PROMOTION OF ACCESS TO INFORMATION ACT, 2000
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This Acts intended to give effect to the constitutional right of access to information held by the
State and by private bodies. The manual available below is to facilitate requested for access to
recorded information of the company.
Copyright notice: © 2014 ARC. All rights reserved.
(Last updated)
Copyright and all intellectual property rights in all materials, text, images, drawings and data
(and any component thereof) made available on this website and/ or App (collectively
'material') are owned by ARC alternatively, ARC is the lawful user thereof and the materials are
protected by both South African and international intellectual property laws.
To the extent possible, ARC hereby gives you permission to retrieve, store, cite or refer to or
print material from the website and/or App.
You are not permitted to re-produce, re-transmit, distribute, disseminate, publish, perform,
broadcast, make an adaptation of, sell, offer, expose or hire any copy of the materials without
the prior written permission of the ARC.
CONTACT
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Agricultural Research Council, South Africa,
Miss Chrisna Pienaar, Email: PienaarC1@arc.agric.za, Tel: (012) 427 9927 or
Miss Elmarie Swiegelaar, Email: SwiegelaarE@arc.agric.za, Tel: (012) 427 9708 or
Email: info@arc.agric.za, Tel: (012) 472 9700