These terms and conditions (hereinafter “Standard Terms”) will govern your use of the Website, including all pages within the Website, and will apply to any online purchases made.
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE STANDARD TERMS AND AGREE TO BE BOUND BY THEM.
Please read them carefully as they affect your rights and liabilities under the laws of Zimbabwe. If you do not agree to the Standard Terms, please do not use the Website.
1. Definitions
“Customer” means any person using the Website or making a purchase, whether directly or indirectly from the Website, whether on their own or on another person’s behalf.
“Company” means Kencor Management Services (Private) Limited, trading as National Tested Seeds and FarmShop.
“Cookie” means a packet or piece of data or other information sent by a web server to a Customer device, to be stored on that device and which is sent back to that web server each time the Customer device makes additional requests from that web server.
“Internet” means the global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols, including the world wide web.
“Law” means any statute, regulation, rule, guideline or code used by any governmental or regulatory authority in Zimbabwe.
“Product” means the seed products and non-seed products (including fertiliser, plant food and chemicals) to be supplied by the Company to the Customer, which includes but is not limited to, field crop seeds, vegetables OPV (open-pollinated variety) seeds, and vegetable hybrid seeds.
“Website” means the Company’s website, found on www.natseeds.co.zw
“Virus” means any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware.
In these Standard Terms, (except where the context otherwise requires): a) the clause headings are included for convenience only and shall not affect the interpretation of this Contract; b) any reference to “persons” includes individuals, firms, partnerships, companies, corporations, associations, organisations, foundations and trusts (in each case whether or not having separate
legal personality); c) use of any gender includes the other genders; and d) any reference in these Standard Terms to any Law shall be construed as referring to such Law as the same may from time to time be amended, modified, extended, varied, superseded, replaced, substituted or consolidated.
2. The Company
The website, and its related sites, services, and tools, are provided and owned by Kencor Management Services (Private) Limited, trading as National Tested Seeds and FarmShop. The Company is registered in Zimbabwe and its registered office is at 750 Mama Mafuyana Drive, Bluffhill, Harare, Zimbabwe. All rights and/or defenses afforded to the Company in these Standard Terms shall stand to its benefit and to the benefit of its subsidiaries, associates, and employees.
3. Acceptance of Terms and Conditions and Product
3.1 These Standard Terms apply to your use of the Website. By using the Website, you acknowledge that you have read and understood these Standard Terms and agree to be bound by them, notwithstanding your geographic location. These Standard Terms represent an agreement with the Company and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use the Website if you do not agree to be bound by these Standard Terms.
3.2 The Company may periodically update or change these Standard Terms, without notice. You must therefore check the Website Standard Terms from time to time as your continued use of our services will mean you have accepted any updated or revised Standard Terms.
3.3 All Product is sold as is. While the Company endeavours to supply seed products of high quality and provide guidance and advice on germinating and growing of the same, due to the nature of the seed product and to many factors beyond our control, the Company will not guarantee germination and do not accept liability for poor germination results.
3.4 All Product displayed will be subject to availability. Where items are unavailable, the Company will make every effort to contact the Customer based on information provided by the Customer on the Website, and will offer options to amend the order with substitutes or cancel the order, where applicable.
3.5 The Company attempts to be as accurate as possible, however, it does not warrant that Product descriptions are reliable or error-free. If a Product offered on the Website is not as described, the Customer’s sole remedy is to return it in unused condition.
3.6 If you are for any reason dissatisfied with an item purchased from our Website you may return it to any Company store for a full refund, replacement or exchange. Returns must be made within seven (7) days of receipt of the product in question. The Company will scrutinize all returns requested including liaising with the bank to ensure that the transactions were above board and not fraudulent
3.7 The Company reserves the right at any time, in its sole discretion and without liability to the Customer, to reject, cancel or decline any order or to remove any Product from the Website.
Where the order has been declined by the Company, then the Customer shall be notified by the Company and the Company shall have no liability to the Customer for such rejection.
3.8 All Customer orders can be collected from the identified Company depots set out on the order. Customers will be required to present a valid identification document and order number before collection. Generally, available stock will be available for collection within seven (7) working days or as otherwise communicated to the Customer.
4. Applicable Law
These Standard Terms are governed by the laws of Zimbabwe.
5. Price and Payment
5.1. The price payable for the Products that you order is clearly set out on our Website.
5.2. It is possible that the price may have increased from that posted on our Website. If that happens, Products will not be dispatched until you have confirmed that you wish to buy at the new price.
5.3. All prices are quoted in United States Dollar (USD$) and all transactions will be charged in USD$ or ZWG (Zimbabwe Gold). Any amount payable in ZWG and currencies not used in Zimbabwe will be determined using the bank’s prevailing exchange rate at the time of the transaction. All prices are inclusive of value added tax (VAT) where applicable.
5.4 Whilst the average mass of the product is indicated on the Website as a guide to the cost, the actual product delivered to you may weigh slightly more or less than the average mass indicated. You will be charged the actual amount due in respect of the specific product delivered to you. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
5.5 We take care to make our Website safe for you to use. Card payments are not processed through pages controlled by us. We may use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6. Our Services
6.1 Customers are welcome to browse or use the Website for their own personal, non commercial, shopping and information purposes only. No other use of the Website is permitted without the prior written consent of the Company. Customers are expressly and emphatically restricted from copying, reproducing, varying, modifying or distributing any of the content on the Website. The uploading of any unlawful, immoral or damaging information or Viruses or the creation of any links to the Website is strictly prohibited.
6.2 You agree to indemnify the Company against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our services and/or the contents of our Website contrary to these Standard Terms.
6.3 The Company reserves the right to suspend the Website’s services, or any part thereof, for any reason whatsoever. The Company may also terminate your account at any time if it, in its sole discretion, determine that you are not abiding by the Standard Terms, or are involved in any criminal activity (and will report such activities to law enforcement agencies), or if it believes the information provided by you is untrue, inaccurate or incomplete.
6.4 To use the Website you will require internet connectivity and appropriate telecommunication links. The Company shall not be liable for any data or other costs that you may incur.
7. Registration
7.1 Registration on the Website is conditional on the provision of required information, which may include personal details and payment method details. Registration and/or use of our Website constitute your acceptance and agreement to be bound by the Standard Terms including those terms and conditions specific to online shopping.
7.2 Customers are responsible for maintaining the confidentiality of their accounts and passwords and for restricting access to their account, and agree to accept responsibility for all activities that occur under their account or password. You must keep your password confidential and must not disclose it or share it with anyone. Should you choose to do so, you are doing it at your own risk. For security purposes you agree to enter the correct username and password whenever ordering products, failing which you will be denied access to the Website.
7.3 You are responsible for all activities and orders that occur or are submitted under your username and password, irrespective of whether the use of your username and password is unauthorized or fraudulent. Should you suspect that there has been a breach on your account and that someone else knows your password/or has logged with your details you should notify the Company immediately by contacting the Customer Service team at the details provided. If the Company has reason to believe that there is likely to be, or has been, a breach of security or misuse of our website, we will notify you to change your password with immediate effect.
7.4 To register on the Website you must be eighteen (18) years of age, or older, on the date of registration. You must certify that the information provided by you on registration or at any time thereafter is correct and complete, and you agree to keep the provided information up to date. Upon registration, you agree:
• That you are of full legal capacity.
• That you are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all purchases that occur under your account and password.
• That you will immediately notify the Company of any unauthorized use of your password or account or any other breach of security.
7.5 The Company will not be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password to a third party. You may not use another person’s account at any time, doing so may result in that account being removed from our Website.
7.6 To use our services on behalf of an organization, the authorized representative of that organization will be deemed to have agreed to these Standard Terms.
8. Privacy and Personal Information
8.1 Your privacy matters to the Company which is committed to the protection of all your personal information. The Customer expressly consents to the Company collecting and processing its personal information for the purposes of conducting the Customer’s business, the implementation of these Standard Terms and Conditions, and purposes reasonably related and ancillary thereto.
8.2 The Customer expressly consents to giving its personal information to any person who provides services to the Company or acts as a third party vendors, and service providers, as necessary. The Customer recognises that the Company forms part of a group, and that other entities within the group may have access to the personal information.
9. Electronic Communications
When you use the Website, or send e-mails, text messages, and other communications from your electronic device to us, you will be communicating with us electronically. As such you will be consenting to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Website or through emails. The Company may, from time to time, send out various newsletters and other marketing material. You are free to opt out of our marketing at any stage. All profile or customer updates will be attended to within seven days.
10. Intellectual Property Rights
All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on the Website are owned by or licensed to us. All data and information communicated to or from the Website, including its database, also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Standard Terms, solely for your personal,
lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
11. Posting on our Website
11.1 You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
• be malicious or defamatory;
• consist in commercial audio, video or music files;
• be illegal, obscene, offensive, threatening or violent;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• solicit passwords or personal information from anyone;
• be used to sell any goods or services or for any other commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• link to any of the material specified above, in this paragraph.
11.2 If you post comments, reviews, ideas, suggestions, and feedback on our Website, you consent that we may use them for commercial purposes (including using them to endorse our products, stores or brands) without any compensation due to you and you grant us a non-exclusive license to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Standard Terms and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. We do not undertake to respond to or maintain your comments.
11.3 The Company does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted or otherwise contained on the Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of the Company or its third-party service providers. You agree that the Company and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Standard Terms.
12. Advertising and Hyperlinks
External hyperlinks may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
13. Accuracy of Content
All reasonable steps are taken to ensure that the information on our Website is accurate and up-to date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
14. Confirmation of Orders
14.1 Orders placed online constitute your offer to purchase subject to these Standard Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
14.2 Placing Products in a cart or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from your shopping basket if they are no longer available or the price thereof might change without notice to you. You cannot hold us liable if such Products are not available or are not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
15. Risk and Ownership
Risk in the products shall pass to you or your authorized representative on collection. We will retain ownership in the Products until payment has been received in full.
16. Other Businesses
The Website may provide links to the sites of affiliated companies and certain other businesses. The Company is not responsible for examining or evaluating, and does not warrant the offerings of any of these businesses or individuals (including the content of their websites). The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
17. Disclaimer of Warranties and Limitation of Liability
17.1 The Website and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Website are
provided by the Company on an “as is” and “as available” basis, unless otherwise specified in writing.
17.2 The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, unless otherwise specified in writing. Use of our services is entirely at your own risk.
17.3 The Company makes no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the services or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our services or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our services and/or your purchase of any products or services.
17.4 Notwithstanding any other provisions contained herein, our liability arising from any breach of these terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed through the Website.
18. Dispute Resolution
18.1 Any dispute arising in relation to these Standard Terms must be referred to arbitration before an arbitrator in Harare, Zimbabwe, appointed by the Chairperson of the Commercial Arbitration Centre in Harare.
18.2 Dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated or representative action.
