Terms And Conditions

Please read through our terms and conditions.

I confirm that I am authorised to submit the material for publication on the Portal and that the submission is made in full compliance with all applicable legislation and/or policy.

I understand that the material I am submitting is intended to be made publicly available, and I confirm that the material contains no confidential information and that all necessary steps have been taken to protect intellectual property appropriately.

I confirm that, to the best of my knowledge, the material is accurate, does not violate any relevant legislation, and does not infringe upon the intellectual property rights of any third party.

I agree that I may not hold Premier Agric and Badger Analytics, collectively be referred to as the Parties, liable for any breach in regard to clauses 1 to 3 above.

I provide consent to the Parties to edit and/or curate the material for the purpose of clarity, consistency and/or space. The Parties shall provide me with the opportunity to approve any amended copy. Failure to respond within two weeks of a written request for such approval shall be deemed as consent that the Parties may publish the material concerned.

I undertake to respond promptly to any requests from the Parties for further information, revision or clarification.

I authorise the Parties to use the material submitted for publication on the Portal and for reasonable related purposes, including (without limitation) on relevant social media platforms, for the sole purpose of promoting the Portal and the technologies listed there.

I acknowledge that the Parties may upload and/or remove information about the technology/technologies I submit at its sole discretion, and that the Parties has no obligation to notify me when my submitted material is uploaded or removed.

I acknowledge that the Parties may choose not to upload any material submitted.

Should I require any material that I have submitted to the Portal to be removed or amended, the Parties shall remove or amend the material concerned (as the case may be) within two weeks of receipt of a written request.

Conditional use of IBP

1. Use and Copyright

Use of this portal and any services, content or applications contained herein or offered hereon is at the sole risk of the user.

Users may view, copy, download to a local drive, print and distribute the content of this portal, or any part thereof for non-commercial, informational or reference purposes only.

Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this portal.

2. Disclaimers and Indemnities

The information on this portal is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).

It is the sole responsibility of the user to satisfy him or herself prior to accessing this portal that it will meet the user's individual requirements and be compatible with the user's hardware and/or software.

This entire portal, including text, images, links, downloads and coding, is provided "as is" and "as available". Premier Agric and Badger Analytics, will collectively be referred to as the Parties, makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the products, services or information contained in it.

The use of the content of this portal/website is at the user's own risk.

The user assumes full responsibility and risk of loss resulting from the use of the content of this portal.

The Parties or any of the legal entities in respect of which information is contained on this portal, or employees of the Parties, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, delict (including, without limitation, negligence), or otherwise, relating to the use of this document or information.

Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 and to the fullest extent possible under law, Parties shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use, or reasonable reliance upon this portal or the services or content provided from and through this portal.

3. Receipt and sending of data messages

Data messages, including e-mail messages, sent by users to the portal owner shall be deemed to be received only when acknowledged or responded to in writing.

Data messages sent by the portal owner to users shall 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.

If a user does not receive a response within a reasonable period of time, the user should follow it up with the Badger Analytics admin.

4. Security

The Parties has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction.

All reasonable steps will be taken to secure a user's information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of the Parties or public bodies that may receive such information from the Parties.

It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this portal, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this portal.

If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if the Parties or any public body should suffer any damage or loss, civil damages will be claimed.

5. Monitoring and interception of data messages

In order to provide a relevant and secure service, and when required to do so under law, the Parties may monitor and/or intercept electronic communications, such as e-mails, which are sent to and from this website.

To the full extent necessary under the law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

6. Confidentiality of data messages

The Parties prefers not to receive confidential or proprietary information from users through this portal.

Please note that any information or material sent to Badger Analytics will be deemed not to be confidential.

The portal will not release users' names or otherwise publicise the fact that materials or other information has been submitted to it unless:

prior permission is obtained to use the user's name; or

the user has first been notified that the materials or other information submitted to a particular part of this site will be published or otherwise used in a manner that reflects the user's name; or

where required to do so by law.

7. Links to third party or external sites

The portal may provide links to other websites only as a convenience and the inclusion of any link does not imply the endorsement of such sites.

Linked websites or pages are not subject to the control of the portal.

The portal uses Google Analytics software from Google which is used to monitor how users interact with the website in order to improve its functionality and content. All data tracked by Google Analytics will remain confidential and inaccessible to other parties. We make use of Google analytics.js (Universal Analytics) which tracks only a user's activities and no other personal information. This is to improve the user's experience on the site.

This site is hosted by a provider that is within South African borders and is not cloud-based.

8. Intellectual property rights

All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, programs, publications, products, processes, or ideas described in this website may be subject to other rights, including other intellectual property rights, which are the property of, or licensed to content sources on the portal.

Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website is expressly reserved and by accessing data on this portal the user is not licensed or authorised.

Third party websites are welcome to link to the information that is hosted on these pages.

9. Automated searching

Automated transactions and searches are subject to these terms and conditions.

The use of malicious search technology is prohibited.

The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

Search technology which does not unduly retard the operation of this website is acceptable but the portal owner reserves the right to prohibit any specific entity from employing search technology on the portal.

10. Applicable law

The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa. This includes:

• The Electronic Communications and Transactions Act 25 of 2002

• The Protection of Personal Information Act (POPIA)

• Relevant provisions of the South African Constitution

• Applicable common law and case precedents

Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa, with venue proper in the judicial district where the Parties maintain their principal place of business.

This portal is owned, hosted and maintained within the Republic of South Africa. All servers, data storage facilities, and administrative operations are physically located within South African territory, ensuring compliance with local data protection and privacy laws.

When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Durban, South Africa, regardless of the user's physical location at the time of access or agreement. This establishes Durban as the legal place of contracting for all purposes.

11. General provisions

In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

These Terms and Conditions of Use contain the record of the entire agreement between the user and the portal owner. They supersede all prior agreements, representations, warranties, understandings and negotiations, whether written or oral, relating to the subject matter herein.

Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver of any breach of these terms shall constitute a waiver of any prior, concurrent or subsequent breach.

The content owner or Badger Analytics has access to facilities to generate brochures that might include information uploaded to the related organisation. This may include but is not limited to: product specifications, technical data, and case studies submitted through the portal.

12. Updating and maintenance of these Terms and Conditions of Use

The Parties reserves the right to modify, add to or remove portions or the whole of these Terms and Conditions of Use from time to time. Such changes may be necessitated by legal requirements, business needs, or improvements to service offerings.

These Terms and Conditions of Use will take effect immediately upon being posted to this website. The effective date will be displayed at the top of the document, and users are deemed to have constructive notice of changes from this posting date.

It is the user's obligation to periodically check these Terms and Conditions of Use on this website for updates. We recommend reviewing this document at least once every three months to stay informed of any changes.

The user's continued use of this website following the posting of updates will be considered notice of the user's acceptance to abide by and be bound by these Terms and Conditions of Use. If you do not agree to the modified terms, you must immediately discontinue using the website.

13. Subscriptions

Users may subscribe to multiple categories on the portal as a registered member on the portal. Members can manage their subscriptions from their Profiles. Alternatively, there is an Unsubscribe link on the subscription emails for easy opt-out.

13.1 Subscriptions, Renewals, and Billing

13.1.1 Paid Subscriptions

Badger Analytics operates on a paid subscription model. By subscribing, you agree to pay the applicable fee (inclusive of VAT) as displayed at the time of purchase. All payments are due in advance of each billing cycle. Payment methods accepted include:

• Credit/debit cards (Visa, MasterCard)

• Electronic funds transfer (EFT)

• Approved third-party payment processors

13.2 Auto-Renewal and Renewal Notice (CPA-Compliant)

Subscriptions automatically renew on a monthly or annual basis (as applicable), unless cancelled. In line with Section 14 of the Consumer Protection Act (CPA), we will notify users of any material changes (e.g., price increases or term changes) at least 40 days before renewal. Notification methods include:

• Email to the registered account

• In-system notifications for logged-in users

You may cancel the subscription by giving us 20 business days' written notice before the next billing date. If no cancellation is received, your subscription will continue on a month-to-month basis at the then-current rate.

13.3 Cooling-Off Period (ECTA-Compliant)

If you are a natural person (e.g., an individual farmer, not a business), you are entitled to a 7-day cooling-off period under the Electronic Communications and Transactions Act (ECTA), beginning on the date of first agreement. During this period, you may:

• Cancel the subscription for any reason

• Receive a full refund of any payments made

• Request deletion of your account data

To exercise cooling-off rights, contact us at [email protected] with "Cooling-Off Cancellation" in the subject line.

13.4 No Refunds Policy (Post-Cooling-Off)

Except as required by law (e.g., during the 7-day cooling-off period), all subscription payments are non-refundable. If you cancel after the cooling-off period:

• Your access will remain active until the end of the paid term

• You will not receive a prorated refund for unused time

• All previously paid amounts are forfeited upon cancellation

13.5 Disputes and Cancellations

Should you wish to cancel, modify your subscription, or raise a dispute, please contact our support team at [email protected] with:

• Your account details

• Description of the issue

• Supporting documentation if applicable

If the issue remains unresolved, you may escalate the matter to:

• The Information Regulator (for privacy concerns)

• The National Consumer Commission (for consumer rights issues)

• Relevant industry ombudsman if applicable

14. Curator email interface

The curator will often communicate with the user on content related matters and information solicitation through surveys via email as well as share opportunities deemed relevant to them. These communications may include:

• Requests for content updates or verification

• Industry surveys and research questionnaires

• Relevant business opportunities or partnerships

• Notifications about platform changes or features

Users may opt out of non-essential communications while still receiving mandatory service notifications.

15. System Generated emails

The user will receive system-generated e-mails relating to:

• Notifications for required updating of content

• Alerts about impending expiry of content

• Subscribed information alerts as per section 13

• Account activity and security notices

• Payment receipts and subscription renewals

These communications are essential to service operation and cannot be fully disabled while maintaining an active account.

16. Portal owner details

The full name and legal status of the portal owners is: Premier Agric

The website address of this website is: https://www.premieragric.co.za

Postal address:
Unit 14, 1 Glendale Road,
Glendale Green Bellair,
Durban, 4094
South Africa

Street address:
Unit 14, 1 Glendale Road,
Glendale Green Bellair,
Durban, 4094
South Africa

e-Mail contact: [email protected]

17. Anonymous Contact Form

The portal provides an anonymous contact form for users who wish to submit inquiries or feedback without disclosing personal information. When using this form:

• No personally identifiable information is required

• IP addresses are not stored with submissions

• Responses will be provided through the portal's messaging system

• Technical limitations may prevent responses to completely anonymous queries

While we endeavor to respond to all legitimate inquiries, we cannot guarantee responses to anonymous submissions that lack sufficient detail or contact information.

The Portal uses an anonymous contact for the purpose of sending inquiries to the information source/content owner.

The information provided on the form will only be visible to the intended recipient and will not be in a readable format in the server. The server will save a backup copy for up to 7 days, thereafter it will be permanently deleted.