HOMEFARM TERMS AND CONDITIONS OF USE AND SERVICE

 

Homefarm strives to make every customer interaction a professional one by ensuring that we fulfil our duties and obligations to all our valued customers. Homefarm values transparency in all our operations and we would like to take this opportunity to share with you our Terms and Conditions of Use and Service.

By accessing or using www.myhomefarm.io or any of its associated blogs or online platforms (“the Website”), owned and operated by Homefarm Pty. Ltd. (2017/082196/07) (“Homefarm”), you agree that you have read, understood and consent to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Homefarm.

 

Please pay specific attention to the BOLD paragraphs of the Homefarm Terms. These paragraphs limit the risk or liability of Homefarm or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Homefarm or is an acknowledgement of any fact by you.

 

Please read these terms carefully before accessing or using the Website.

  • The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever, including each user who registers as contemplated below. Accordingly, the terms “us”, “our”, Seller” or “we” used refers to Homefarm or its possession.
  • Please use these hyperlinks to jump to specific important sections in these Terms: Privacy Policy terms, Disclaimer, Intellectual Property terms.
  • Not all terms are defined in order.
  • These Terms were last updated on 08/08/2018.

 

  1. INTRODUCTION AND THE SERVICES
    1. Homefarm provides an online information and shopping platform (“Store”) which enables users to find out more about Homefarm and its products, as well purchase high quality products from Homefarm, who owns and sells the various products which are showcased on the Website from time to time (“Seller”).
    2. In order to buy any Homefarm product listed on the Website (“a/the Product/s”), users must successfully submit and register certain information on the Website.
    3. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. 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 Homefarm uploading the amended Terms to the Website. It is your responsibility to read these Terms periodically to ensure you are aware of, and understand, any changes. Please contact support@myhomefarm.io for further information on any of the Terms.
    4. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
    5. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian, where when your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to the Terms and to be liable and responsible for you and all of your obligations under the Terms.
  2. USER REGISTRATION PROCESS FOR PURCHASES
    1. In order to use certain features of the Website, such as making purchases, you must complete the registration process detailed on the Website. Each user agrees to provide accurate, current and complete information during the registration process.
    2. By entering your personal information on the Website, Homefarm is entitled to assume that the person using the Website is you. You are responsible for keeping your Website information safe and private, and any action performed on the Website using your information will be assumed to be you, and hence, you should not share your log-in details or password with anyone.
    3. You agree that, once your required information for an order has been entered and submitted as required to the Website, irrespective of whether the use of your information is unauthorised or fraudulent, you will be liable for payment of such order, except where the order is cancelled by you in accordance with the Terms.
    4. You agree to notify Homefarm immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your personal/Website information and to take steps to mitigate any resultant loss or harm.
    5. Homefarm may require you to submit your full name, physical and delivery address, e-mail address, phone number and PayFast account information upon placing any orders for purchases on the Website.
    6. By submitting your personal information to the Website, you consent to Homefarm using this information as per our Privacy Policy terms.
  3. CONCLUSION OF SALE
    1. Registered users may place orders for any Product, which Homefarm may accept or reject. Whether or not Homefarm accepts an order depends on the availability of Product, correctness of the information relating to the Product (including without limitation the price) and receipt of payment or payment authorisation by Homefarm for the Products.
    2. NOTE: Homefarm will indicate the acceptance of your order by delivering the Product to you or allowing you to collect it, and only at that point will an agreement of sale between you and Homefarm come into effect (the “Sale”). This is regardless of any communication from Homefarm stating that your order or payment has been confirmed. Homefarm will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. As such, all risk and ownership relating to the Product will not transfer to the buyer until such sale is concluded as per the above.
    3. Prior to delivery or your collection of the Product, you may cancel an order at any time provided that you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Product, you may return the Product only in accordance with the Cancellations, Shipping and Returns provisions below.
    4. Placing a Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Product, and as such, the Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Homefarm liable if such Product is not available or is not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    5. You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. Homefarm will take all reasonable efforts to monitor stock levels and ensure that when a Product is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of a Product.
    6. Homefarm shall take all reasonable efforts to accurately reflect the description, availability, purchase price, applicable taxes and delivery charges of a Product on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence or fraud), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save in the case of any incorrect purchase price, to the extent set out in the Cancellations, Shipping and Returns provision below.
  4. PAYMENT METHOD
    1. Homefarm is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service providers.
    2. When purchasing a Product from Homefarm and following the payment prompts when ordering a Product, payment must be effected using PayFast and its respective gateway on the Website.
    3. You must pay the full price of the Product in order to reserve and purchase the Product. All Products sold are final, subject to clause 5 Cancellations, Shipping and Returns.
    4. Homefarm will collect and effect any payments to users using PayFast and/or other licenced and verified payment systems.
    5. All amounts shall be exclusive of Value Added Tax (“VAT”), and any other applicable taxes/fees, unless otherwise stated and required by law.
    6. Invoices are sent via email whenever there is payment applied to the transaction. This can be done either through the credit card functionality of the site (please note that actual credit card details aren’t entered on the site, but rather on the payment gateway), or when a payment is applied by the admin (for payments like EFT).
    7. Users are required to enter the following info to complete a sale: Name and Surname, Company name (optional), Country, Street address, Town/City, Province, Postcode/Zip, Phone number, email address and any other notes. In addition, you may contact us via email at info@myhomefarm.io to obtain a full record of your payment/s. We will also send you email communications about your order and payment.
    8. When using PayFast:
      1. The Website uses and stores payment information with PayFast Proprietary Limited with registration number 2007/011558/07 (“PayFast”) as an offsite third-party payment gateway to keep your banking details secure.
      2. Users must set up a PayFast account and will be bound to any PayFast terms and conditions.
  5. TERMS SPECIFIC TO PRE-ORDERS
    1. Homefarm may make available a Pre-Order deal where you may place an order for a System with Homefarm before it is available to the public generally. Please see the Pre-Order link on the Website for any applicable FAQs or information related to Pre-Orders, in addition to the provisions below. In order to secure a Pre-Order, please follow this link.
    2. If you take advantage of our Pre-Order purchase deal, the System will be discounted (excluding applicable duties and/or taxes) where you will make a saving on the regular price for a System.
    3. When placing a Pre-Order for a System, you must make a deposit payment to Homefarm. This deposit payment will secure your Pre-Order and confirm your System shipping/delivery date, which will be confirmed in writing with you.
    4. Pre-Ordered System units will be shipped in February 2019.
    5. Pre-Orders can be cancelled up to eight (8) weeks before the Pre-Order System is scheduled to be shipped to you. To cancel a Pre-order please email us at info@myhomefarm.io and state in writing that you wish to cancel your order. Deposits already paid by you in this context, will be reimbursed in entirety for Pre-Orders timeously cancelled.
    6. Seven (7) weeks before the Pre-Order System is shipped to you, Homefarm will contact you to settle the outstanding balance due on the Pre-order (excluding applicable duties and/or taxes) within one week from such contact. If the outstanding balance for the Pre-Order System is not paid by you within this week as required, your Pre-Order will be cancelled, and the deposit will be entirely forfeited by you to pay for the legitimate expenses incurred by Homefarm to facilitate the Pre-Order for you.
    7. One may secure a Pre-Order until 12h00 on 31 December 2018, whereafter it will no longer be available.
  6. PRODUCT WARRANTIES AND PRODUCT USE
    1. Warranty:
      1. In addition to the inherent warranties held by you in terms of relevant South African consumer protection and other laws, Homefarm provides a 1 year warranty on the functional components of the Product, which specifically includes all electrical components as well as mechanical fasteners, latches and hinges (“component/s”). If a Product is under warranty and the component needed replacing is covered under the warranty, it will be replaced for free.
      2. While under warranty, if any of the components fail, the user must email us at support@myhomefarm.io with a description of the issue - after consulting our Self Help Guide and or FAQ. We encourage the user to also send through a photo of the issue if at all relevant. A diagnosis will attempt to be made with the information given over email. If a diagnosis cannot be made at this point we will ask the Product user if we can give them a call to discuss the issue and attempt to do a diagnosis at this time remotely based on the telephone call. If a diagnosis can be made, one of three actions will be taken
        1. a replacement component is delivered to you, with a contact call to a Homefarm technician to assist you in replacing the component;
        2. you can drop-off the Product at our designated Johannesburg-based Homefarm workshop for a component replacement and all any other necessary repair or maintenance; or
        3. a Homefarm technician will visit your Homefarm system at its location and do a diagnosis and replace the relevant component on-site, if possible.
      3. Please be aware that this warranty does not cover damage to the Product as a result of misuse of the Product in any way. To assist you in correct Product use, all Product users must review and adhere to the Safety and Instructional Guide included with the Product on purchase.
      4. In addition, there are safety stickers placed throughout the Product where removal thereof, will result in the warranty being void, as we can no longer guarantee the safety and function of the Product due to such outside influence.
    2. Product Use: 
      1. The Product must only be used in accordance with the instructions and specifications as described in the Safety and Instructional Guide provided.
      2. The Product has been designed to grow the crops sold as part of the Homefarm Grow Mat System. It has not been designed to grow crops not sold by Homefarm, where such incompatible products’ use could cause damage to the Product, for which Homefarm is not liable.
      3. Please take note that while the Product has been designed to ensure the successful cultivation of particular crops, because it is growing organic matter with natural methods, Homefarm cannot guarantee consistent or any results for each and every crop cycle managed by the Product, and that there will be variance in crop yield sizes and crop health, especially dependent on how diligent the Product user is in terms of the correct use, maintenance and cleaning of the Product as per the Safety and Instructional Guide.
    3. Radio Frequency Components:
      1. The Product makes use of a microprocessor unit which has WiFi radio frequency (“RF”) functionality incorporated into it. It is managed by software which is a cloud-based internet-of-things  which, among other things, enables us to monitor the Product’s use and send software updates to the Product should it require it.
      2. All data and information which is collected from, or sent to, the Product has end-to-end encryption, ensuring that your Product information is always secure.
      3. Our use of the microprocessor and remote engagement with any Product, is for the purposes of:
        1. monitoring whether a Product is on or off;
        2. monitoring a Product’s electronic functions which will enable us to understand how a Product is being used and operated;
        3. allowing us to do remote diagnosis on a Product for problem-solving or issues; and/or
        4. allowing us the ability to garner Product-use insights which enables us to tailor our business services to a user’s unique needs in future.
      4. The Product is designed to operate optimally with an internet connection. However, the product does not have to be connected to the internet to work.
  7. CANCELLATIONS, SHIPPING AND RETURNS
    1. Once a Product is purchased by a Buyer, Homefarm will send an automated e-mail to the Buyer confirming the sale and address to which the Product must be sent.
    2. The Product will be shipped with a tracking number within 30 working days from conclusion of the order to the address provided by the Buyer in the registration process. Shipping time will vary depending on the location of the Buyer.
    3. If you have placed an order that you wish to change or cancel, please send an e-mail to support@myhomefarm.io immediately. If the order has not yet been processed, you will receive a full refund for the value of the amount paid. If your order has already been processed then our return provisions are applicable.
    4. Please note that custom made Product orders cannot be cancelled if manufacturing has already commenced and is not returnable unless shown to have manufacturing defects noted.
    5. Should a Buyer wish to return the Product to Homefarm for any reason, he/she may do so within 7 (seven) days from their receipt of the Product. The Buyer will be responsible for notifying Homefarm of the Product’s impending return as well as paying for all return shipping costs, to ensure the Product’s physical return to Homefarm in its original, unsoiled condition and packaging. This condition is in addition to all other rights conferred on you by relevant consumer and online protection laws regarding further rights to return a Product and demand a refund, credit or replacement.
    6. The shipping costs, including but not limited to any export/import taxes/duties or release fees, are to be paid by you. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    7. Homefarm’s obligation to deliver a Product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order, or when we deliver the Product to our nominated delivery service provider, accepted by you, who will deliver the Product to you. Homefarm is not responsible for any loss or unauthorised use of a Product, after it has delivered the Product to the physical address nominated by you, or to our nominated delivery service provider, accepted by you.
    8. The Product is sold, packaged and dispatched in a state which Homefarm warrants as being correct and compliant with the laws of South Africa and as represented on the Website. Homefarm is therefore not liable for any handling or delivery of a Product beyond successful delivery or any effects that derive therefrom, which could have an effect on a Product or its efficacy.
    9. A Buyer cannot return, or vary, any Product which has been purchased when it was subject to a sale.
  8. NATURE OF GOODSThe Homefarm product comes packaged with a user guide. Please pay close attention to the user guide in order that you the Homefarm product is installed, setup, used, cleaned and mainteained in accordance with its intended design and the instructions given in the user guide. The user guide also contains information around the safe operation of the product and how to avoid damage to the product or safety risk to you and or other users of the Product. The Product also has health and safety warning stickers placed to ensure that it is operated correctly and safely. The user may remove these stickers, but the removal of these stickers does not abdicate the user of their responsibility to follow the instructions on these stickers.
  1. MAINTENANCE OF HOMEFARM GOODS
    1. Your Homefarm appliance does require some general maintenance. Most importantly the water sump needs to be topped up approximately once per week, and it is also important that the inside of your Homefarm is kept clean. This requires that the inside of your Homefarm be wiped down with a low concentration soap solution once every 2 - 4 weeks. Your Homefarm will notify you when the sump needs to be topped up.
    2. Should something break or stop working your first port of call should be to Review the instructional guide provided with the product for self-diagnosis of the problem and or recommended fixes. If the problem cannot be easily and quickly resolved by you, you may book a call with a technician on the phone, facetime or Skype. The technician will try and diagnose the problem with you on the line remotely. If the problem can be resolved over the phone and the fix does not call for a new part, the technician will attempt to talk you through the fix on the call then and there. If the fix requires a new part, the part will be sent to you in the post and a technician will talk you through the replacement of the part over the phone.
    3. We have a repair facility in Johannesburg and accept walk in repair enquiries for customers in Gauteng.
    4. We are also only able to dispatch repair technicians to our Gauteng customers at this time.
    5. Homefarm only accepts liability on damaged goods if the issue is as a result of a faulty part and if the fault occurs within the warranty period of the Product. Homefarm does not accept liability on damaged goods as a result of general wear and tear, incorrect usage of the Product and general neglect.
    6. Homefarm offers a 1 year warranty on the Product. If during this time a part should fail due to it being a faulty part, Homefarm will repair and or replace the part at no cost to you.
  2. USER RESPONSIBILITIES AND WARRANTIES
    1. By using the Website and/or any Product, you warrant that:
      1. you have read and agreed to these Terms and will use the Website in accordance with them;
      2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
      3. you will operate any Product only according to the specifications and manuals relevant for each Product, acquired with the purchase of every Product, as well as within all applicable rules, statues and regulations applicable to the use of any Product or, accessories or components thereof, in your household;
      4. you will not post, upload, replicate or transmit any abusive content on or through 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;
      5. 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;
      6. you will not infringe any third party or the Website’s or Homefarm’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 (see the Intellectual Property terms for more information);
      7. you will not use the Website and/or any Product 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 or devices; and/or
      8. facilitate or assist any third party to do any of the above.
    2. 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.
    3. Without prejudice to any of Homefarm’s other rights (whether at law or otherwise), Homefarm reserves the right to deny you access to the Website where Homefarm believes (in its reasonable discretion) that you are in breach of any of these Terms.
    4. Homefarm does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
  3. RECEIPT AND TRANSMISSION OF DATA MESSAGES
    1. Data messages, including e-mail messages, sent by you to Homefarm will be considered to be received only when acknowledged.
    2. Data messages sent by Homefarm 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.
    3. Homefarm reserves the right not to respond to any communication, 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.
    4. Whilst all reasonable care is always used by Homefarm, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Homefarm is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Homefarm to a user or from a user to Homefarm.
  4. USE OF PERSONAL INFORMATION AND PRIVACY
    1. Homefarm adheres to the highest standards of protecting your personal information when using the Website or conducting a transaction. As such, we have created these specific and detailed Privacy Policy terms for you to read and appreciate exactly how we safeguard your personal information and respect your privacy, to the highest standards. For more information regarding your personal information lawfully stored or used by the Website or Homefarm, please contact support@myhomefarm.io who will gladly assist.
    2. Please be advised that this Privacy Policy and our operations are all interpreted, applied and/or are in accordance with, the privacy and data protection laws of the Republic of South Africa, as we are a South African company focused on providing services to the South African market. Should you be a citizen of a territory other than the Republic of South Africa with the result that additional privacy laws apply to the processing of your personal information, please contact us so that we may gladly assist you in manifesting those rights, and ensuring that you are fully protected as required. You can contact us at support@myhomefarm.io for any such assistance.
    3. Should you decide to register with or function as a user on the Website, Homefarm may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
      1. Information provided by the user.
        1. Homefarm collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/PayFast account information, product and service preferences and contact preferences that are not otherwise publicly available); and
      2. Information that is collected automatically.
        1. Homefarm receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet and/or makes use of the Product when it is connected to the internet. This information includes information from cookies (which are described in clause 10.14 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 and/or Product sends to the Website and/or Homefarm such as your browser type and language, access times, and the address from which you arrived at the Website.
        2. Homefarm’s Product also makes use of RF functionality, discussed in clause 5.3 above, which enables Homefarm to remotely engage with a Product over the internet allowing Homefarm to process certain non-personally identifiable information from the Product, such as its operation, use and status. The information processed concerns the Product, and not the user, and is collected automatically and at random intervals, for the purposes of providing the user with better Product support and service experience. The user cannot disable the RF functionality of a Product.
    4. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Homefarm is however under no obligation to ensure that your personal information or other information supplied by you is correct.
    5. You warrant that the personal information disclosed to Homefarm 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.
    6. You may choose to provide additional personal information to us, 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.
    7. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website, Product and/or services, and you have consented to this, but we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of a Product;
        2. to contact you regarding current or new Product or services or any other Product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same contact);
        3. to allow us to engage with the Product remotely and assist in the correct diagnosis, use and/or functioning of a Product;
        4. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same correspondence); and
        5. to improve our Product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, e-mail or any other method, for the ordering of a Product or when delivering a Product to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our 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 us, possible through same correspondence with us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm and/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;
        4. to our service providers (under contract with us) who help with parts of our business operations such as fraud prevention, marketing, and technology services. However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate; and
        5. to our suppliers in order for them to liaise directly with you regarding any faulty Product you have purchased which requires their involvement.
    8. We are 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 us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Homefarm 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.
    9. We will ensure that all of our 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 Homefarm’s in relation to your personal information.
    10. We will:
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
      2. take appropriate technical and organisational measures to ensure that your personal information and any Product information shared remotely using its RF functionality is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with reasonable access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
      6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
    11. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    12. Homefarm undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
    13. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    14. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Homefarm, Homefarm shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    15. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms and the Website’s other policies.
  5. USE AND DISCLOSURE OF INFORMATION
    1. If you have opted to receive e-mails from Homefarm, your e-mail address will be used to contact you from time to time and we may also use it for security reasons to confirm your identity.
    2. Homefarm agrees not to use the users’ provided e-mail address in any manner that users do not consent to nor alert any other party of the users’ address without the user’s consent.
    3. You have the right to opt out of receiving e-mail communication by following the directions posted on every e-mail communication.
    4. Homefarm may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
    5. Homefarm will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Homefarm, its affiliates or the public. Homefarm may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
    6. Homefarm reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Homefarm will notify you beforehand.
    7. Circumstances may arise where, whether for strategic or other business reasons, Homefarm decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Homefarm’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy Policy terms.
  6. ACCESS TO AND ACCURACY OF YOUR INFORMATION
    1. Homefarm strives to keep the user’s personal information accurately recorded. Homefarm provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact support@myhomefarm.io to engage Homefarm on such actions or requests.
    2. The user is entitled to request access to any relevant personal data held by Homefarm and where such access is necessary for you to exercise and/or protect any of your rights.
    3. Users may request Homefarm to review the personal information which it holds and may request for Homefarm to delete such information. The deletion of any information may result in certain Website services being unavailable.
  7. INTELLECTUAL PROPERTY
    1. All material, information, data, software, icons, RF technologies, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, patents, designs, copyright and/or service marks (as well as the organisation and layout of the Website and/or any Product) together with the underlying software code of the Website and Product (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Homefarm, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
    2. Subject to the rights afforded to you in these Terms, all other rights to intellectual property on the Website and of Product/s are expressly reserved by Homefarm. 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, of the Product/s or the underlying software code whether in whole or in part, without the written consent of Homefarm first being granted, which consent may be refused at the discretion of Homefarm. No modification of any intellectual property or editorial content or graphics is permitted.
    3. Homefarm reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website and/or Product, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website will not be affected by such suspension or termination (as the case may be).
    4. Where any of the Website and/or Product intellectual property has been licensed to Homefarm or belongs to any third party, 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.
    5. Any enquiries regarding any of the above relating to intellectual property must be directed to Homefarm at support@myhomefarm.io.
  8. ADVERTISING AND SPONSORSHIP
    1. The Website may contain advertising and/or sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
    2. Homefarm, 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 on the Website.
  9. DISCLAIMERS AND INDEMNITIES 

    DISCLAIMERS 

    1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Homefarm 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.
    2. All information or opinions of users made available on the Website in relation to any of the services or Products are those of the authors and not Homefarm. While Homefarm makes every reasonable effort to present such information accurately and reliably on the Website, Homefarm does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
    3. Homefarm, 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.
    4. Homefarm, its members, directors, shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, injury, harm, death, 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 of sales, the use of a Product, access to, or use of, the Website in any manner.
    5. The Product is sold, packaged and dispatched in a state which Homefarm warrants as being correct and compliant with the laws of South Africa and as represented on the Website. Homefarm is therefore not liable for any handling or delivery of a Product outside of its control, or any effects that derive therefrom, which could have an effect on a Product or its efficacy.
    6. Homefarm 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, Homefarm 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. 

      INDEMNITIES 

    7. The user indemnifies and holds harmless Homefarm, its 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, Product or services offered or ordered through the Website in any way.
    8. The user agrees to indemnify, defend and hold Homefarm harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
    9. This clause will survive termination of this agreement.
  10. COMPANY INFORMATION
    Site owner:                                                PixelBlue Pty. Ltd.
    Legal Status: Homefarm is a          Pty. Ltd.
    Registration Number:                     2017/082196/07
    Director:                                         Michael Currin, Kwame Boachie Yiadom, Martin Bolton
    Description of main business:        The sale of Hydroponic Appliances, Ancillary Grow Mats, Seeds and Home Gardening Lifestyle Merchandise
    E-mail address:                              info@myhomefarm.io
    Website address:                            www.myhomefarm.io
    Physical address:                                       07 Quince Street, The Media Mill, Milpark, Johannesburg, 2006
    Postal address:                                           07 Quince Street, The Media Mill, Milpark, Johannesburg, 2006
    Registered address:                                    Resolution Tower, Cnr Barry Hertzog & Empire Road, Auckland Park, Johannesburg, 2006
  11. DISPUTE RESOLUTION
    1. Should any dispute, disagreement or claim arise between the parties concerning use of the Website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    2. 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. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombudsman, as provided for in applicable legislation.
    3. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa, even in the event where the quantum in the dispute may be more than the monetary jurisdiction of that court.
    4. 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.
    5. Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.
  12. TERMINATION
    1. Homefarm reserves the right to terminate and cancel your account if you breach any of the Terms, or for any other reason provided that Homefarm gives reasonable notice to you with written reasons for the cancellation.
    2. If you wish to terminate your agreement with the Terms and with Homefarm, you may do so by discontinuing your use of the Website.
    3. The obligations and liabilities of the parties incurred prior to the termination date of the agreement and/or use of the Website shall survive the termination of this agreement for all purposes, including the payment of any fees due and payable by a user to Homefarm for the purchase of any Product prior to termination.
  13. NOTICES AND SERVICE ADDRESS
    1. Each of the parties choose 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:
      1. in the case of Homefarm, at info@myhomefarm.io; and
      2. in the case of the user, at the e-mail and physical addresses provided by the user to Homefarm in the information submission process when making purchases.
    2. Any notice to any party will be sent via e-mail. Unless the contrary is proved, any notice transmitted by e-mail will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
    3. The term "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
    4. 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.
    5. 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.
  14. GENERAL
    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.3 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.
    2. No indulgence, leniency or extension of time granted by Homefarm shall constitute a waiver of any of Homefarm’s rights under these Terms and, accordingly, Homefarm 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.
    3. 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.
    4. 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.
    5. 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 South Africa.
    6. Should you have any complaints or queries, kindly address an e-mail to support@myhomefarm.io advising Homefarm about them.
    7. We shall provide you with a range of email notifications as and when you need to stay informed of the status of your order, such as New order, Cancelled order, Failed order, Processing order, Completed order and Refunded order.
    8. 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 Homefarm in relation to the payment failure or breach.
    9. 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.
    10. 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 20.8 mutatis mutandis.