Terms of service

1. INTRODUCTION

1.1 This website can be accessed via www.shopagtech.co.za related and software applications (the "Website") and is owned and operated by NWK Limited ("Agtech@NWK", "we", "us" and "our").

1.2 These Agtech@NWK E-Commerce Terms and Conditions ("Terms and Conditions") govern the ordering, sale, delivery and returns of Equipment, as well as requests for quotations, the use of the Website and any activities related to the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the Website, you acknowledge and confirm that you have read and agree to be bound by these Terms and Conditions.

1.4 The Website enables you to shop online for an extensive range of equipment and related accessories, including but not limited to agricultural drones, agricultural drone parts and related accessories and such equipment as may be included as product offerings on the Website from time to time ("Equipment").

1.5 Agtech@NWK is the seller of the Equipment.

2. IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are deemed consumers for purposes of the Consumer Protection Act, 68 of 2008, as amended from time to time ("CPA") as well as consumers who fall outside such defined scope.

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

2.2.1 may limit the risk or liability of Agtech@NWK or a third-party; and/or

2.2.2 may create risk or liability for the user; and/or

2.2.3 may compel the user to indemnify Agtech@NWK; and/or

2.2.4 serves as an acknowledgement, by the user, of a fact.

2.3 Due to the possible ramifications of these Terms and Conditions, due regard being had to clause 2.2, your attention is drawn to the same and should be carefully read and considered.

2.4 Should there be any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Agtech@NWK to explain it to you before you continue using the Website, considering the implications of clause 1.3.

2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Agtech@NWK in terms of the CPA or otherwise in law.

2.6 Agtech@NWK permits the use of the Website subject to the Terms and Conditions. By using the Website in any way, you are deemed to have accepted all such Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. RETURNS, REFUNDS AND EXCHANGES

3.1 Any and all returns, refund and exchange requests are regulated in terms of our Return, Refund and Exchange Policy ("RRE Policy"), which can be accessed via the following link: https://shopagtech.co.za/policies/refund-policy

3.2 It is specifically recorded that the contents of the RRE Policy are incorporated into these Terms and Conditions by reference thereto, as if specified, and will therefore likewise apply to you, should you choose to use the Website.

4. REGISTRATION AND USE OF THE WEBSITE

4.1 You are not required to register as a user in order to access and/or use the Website. Should you wish to use the Website without registering as a user, you will nevertheless be bound to these Terms and Conditions.

4.2 To register as a user, you are required to provide a unique username and password as well as your email address to Agtech@NWK.

4.3 Should you register as a user, you agree and warrant that your username and password will:

4.3.1 solely be used by you; and

4.3.2 not be disclosed by you to any third-party.

4.4 You are responsible to ensure that your details registered/entered on the Website are accurate, complete and up-to-date at all times, to enable us to communicate any updates on your orders.

4.5 Our support team, which can be accessed via agtech@nwk.co.za or agtechvoorraad@nwk.co.za, may guide you through the registration process, but is unable to attend to the registration on your behalf.

4.6 You agree and consent thereto that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password are unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.7 You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any loss or harm resultant therefrom.

4.8 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. Should your parent or legal guardian supervise you and give their consent, then such person agrees to be bound to these Terms and Conditions as well as to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.9 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition thereto, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without our prior written consent, which may only be issued by Agtech@NWK representatives so authorised (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this Website).

4.10 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.11 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Agtech@NWK representative.

5. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

5.1 Users may place orders for Equipment, which Agtech@NWK may accept or reject. Agtech@NWK's acceptance of an order is dependent on the availability of Equipment, correctness of the information relating to the Equipment (including without limitation the price) and receipt of payment or payment authorisation by Agtech@NWK should payment be effected by way of an Agtech@NWK credit facility, for the Equipment.

5.2 KINDLY NOTE: Agtech@NWK will indicate the acceptance of your order by arranging for delivery of the Equipment to you or allowing you to collect it, as the case may be, and only at that point will a sale agreement between you and Agtech@NWK come into effect ("Sale"). Communication from Agtech@NWK stating that your order or payment has been received/confirmed does not as such represent the conclusion of a Sale. Agtech@NWK will indicate the rejection of your order by its cancelling thereof and, as soon as possible thereafter, attend to the refund of any amounts already paid by you.

5.3 Prior to delivery or your collection of the Equipment, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Equipment, you may return the Equipment only in accordance with the RRE Policy.

5.4 You acknowledge and accept that stock of all Equipment on offer is limited and that pricing may change at any time without notice to you. In the case of Equipment for sale by Agtech@NWK, Agtech@NWK will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, the offers in respect thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Equipment is no longer available after you have placed an order, Agtech@NWK will notify you and you will be entitled to a refund of any amount already paid by you for such Equipment.

6. PAYMENT

6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.2 Payment can be made for Equipment via:

6.2.1 debit card;

6.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payments. In such cases we are entitled to withhold delivery until such time that we receive the additional required information and we obtained authorisation for the corresponding amounts. If we do not receive the required authorisation, your order for the Equipment will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of payment of the Equipment. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6.2.3 Instant EFT (Electronic Fund Transfer); or

6.2.4 an approved Agtech@NWK credit facility.

6.3 Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Equipment.

6.4 The above payment options are explained in more detail in our Frequently Asked Questions ("FAQ"): Payment, which FAQs are incorporated into these Terms and Conditions by reference thereto, as if specified.

6.5 You may contact our support team via Agtech@nwk.co.za or agtechvoorraad@nwk.co.za, should you require any information/documentation in respect of your payment.

6.6 We will also communicate with you to keep you updated on the status of your order and payment.

7. STATUTORY, OPERATIONAL AND RELATED REQUIREMENTS

7.1 You are specifically referred to Document SA-CATS 101 as published by the South African Civil Aviation Authority ("SACAA") (accessible via the following link: https://www.caa.co.za/), in terms whereof you are amongst others required to be issued with a Remote Pilot Certificate for purposes of operating a drone. Should you purchase Equipment in the form of a drone from Agtech@NWK, you warrant that you are in possession of a legitimately issued Remote Pilot Certificate and that you will not operate or have said drone operated without the same. As such, you herewith indemnify and hold harmless Agtech@NWK, its affiliated companies and their respective officers, managers, directors, agents, and employees ("Indemnified Parties") against any claims and/or losses resulting from your failure to give effect to this clause 7.1.

7.2 Should you purchase Equipment from Agtech@NWK in the form of a drone that is ranked in class 3 (mass in excess of 7 kilograms) or higher, only duly qualified drone maintenance technicians are authorised and permitted to execute any maintenance, repairs and the like in respect thereof, subject to any other applicable warranty- as well as terms and conditions applicable to the Equipment and Sale.

7.3 Should you purchase Equipment from Agtech@NWK in the form of a DJI-manufactured drone, in addition to any other applicable warranty- as well as terms and conditions applicable to the Equipment and Sale, you are to take specific note thereof that any maintenance, repairs and the like thereto may only be attended to by a DJI authorised service centre. Agtech@NWK serves as one of such centres, with multiple locations nationwide. You can contact our support team at Agtech@nwk.co.za or agtechvoorraad@nwk.co.za for assistance in locating an Agtech@NWK service centre near you.

7.4 Any warranty that may be issued in respect of a drone, will at all times exclude the following:

7.4.1 Misuse, crashes, or pilot error.

7.4.2 Unauthorised firmware modifications.

7.4.3 Use outside SACAA-regulated airspace.

7.4.4 Water damage unless explicitly stated by the drone-manufacturer.

7.5 You are to take note that any attempt by you to bypass the drone manufacturer's safety systems or geofencing will result in the voiding of your warranty and may in addition thereto result in the violation of SACAA regulations.

7.6 It will at all times be and remain your responsibility to ensure that you understand and operate any Equipment purchased from Agtech@NWK in accordance with the applicable safety and legal requirements, as well as the manufacturer's guidelines.

8. DELIVERY OF EQUIPMENT

8.1 Agtech@NWK offers 2 (two) methods of delivery of the Equipment to you. You may elect delivery via:

8.1.1 courier (only available in the areas so specified ("Courier Delivery"); or

8.1.2 self-collection ("Click and Collect").

8.2 Kindly refer to our FAQs: Shipping and Delivery, which can be accessed via the following link: www.shopagtech.co.za/policies/shipping-policy, for more detailed information in respect of the applicable processes.

8.3 Please note that our delivery charges are subject to change at any time, without prior notice to you. You are therefore encouraged to stay up to date with our latest information in this regard via our FAQs. The applicable delivery charges will however be included when you attend to payment of the Equipment during the check-out process.

8.4 As and when we accept your order, and should the Equipment be delivered to you by Courier Delivery, delivery will be effected to you as soon as reasonably possible, but in any event by no later than 10 (ten) business days from receipt of your payment ("Delivery Period"). Should delivery be delayed for any reason whatsoever, with delivery not possible within the Delivery Period, we will notify you accordingly. You may then, within 5 (five) business days of receiving such notification elect whether or not to cancel your order for the Equipment. If you elect to cancel your order, we will reimburse you for the amounts so paid by you in respect of the order.

8.5 As and when we accept your order, and should the Equipment be delivered to you by way of Click and Collect, we will notify you as soon as your order is available for collection at the selected branch where the order was placed, but in any event by no later than 3 (hours) from receipt of your payment, subject to our general trading hours ("Collection Period"). Should the preparation of your order for collection be delayed for any reason whatsoever, with collection not possible within the Collection Period, we will notify you accordingly. You may then, within 2 (two) business days of receiving such notification elect whether or not to cancel your order for the Equipment. If you elect to cancel your order, we will reimburse you for the amounts so paid by you in respect of the order. Should you fail to collect an order within 10 (ten) business days from receipt of our dispatch notice, your order will be deemed cancelled and we will reimburse you for the amounts so paid by you in respect of the order.

8.6 For purposes of Courier Delivery, Agtech@NWK's obligation to deliver the Equipment to you is fulfilled as and when the ordered Equipment is delivered to your nominated physical delivery address as per the order and such delivery is accepted at said address. Agtech@NWK is not responsible for any loss or unauthorised use of the Equipment, after it has been duly delivered to you, as aforementioned.

8.7 For purposes of Click and Collect, Agtech@NWK's obligation to deliver the Equipment to you is fulfilled as and when the order is duly collected from the corresponding branch. Agtech@NWK is not responsible for any loss or unauthorised use of the Equipment, after it has been duly delivered to you, as aforementioned.

8.8 The risk in and to the Equipment will remain Agtech@NWK's until you have accepted delivery thereof on the basis as per clause 8.6 or clause 8.7, as the case may be.

8.9 You are responsible to inspect the Equipment upon delivery thereof and ensure that the Equipment meets the applicable description and specifications. Should it not, you are to refer to the RRE Policy regarding the applicable processes for returns, refund and exchange requests.

9. ERRORS

9.1 We will endeavour to at all times accurately reflect the description, availability, purchase price and delivery charges of the Equipment on the Website. However, should there be any oversight of whatsoever nature on the Website (which is not resultant from our gross negligence), we will 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 for purposes of refunding you for any amount already paid, or otherwise as set out in the RRE Policy.

9.2 Agtech@NWK will not be bound by any incorrect information regarding our Equipment displayed on any third-party websites.

10. DISCOUNTED EQUIPMENT/SPECIAL OFFERS

10.1 We may from time to time and within our sole discretion, offer certain Equipment at discounted/special prices or as part of special offers for a specified limited period ("Promotion"). These will be subject to certain conditions (as set out in these Terms and Conditions and/or on the Website), which define the scope of the Promotion. If you buy Equipment within the scope of a Promotion, you will pay the discounted price for such Equipment ("Promotion Price").

10.2 However, if you buy Equipment in a manner that falls outside of the scope of a Promotion, then you will pay the then current (non-Promotion) purchase price on the Website ("Normal Price"), for the Equipment outside the said scope of the Promotion.

11. PRIVACY POLICY

11.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

11.2 Should you elect to register as a user on the Website, we may require you to provide us with personal information, which may include but is not limited to your:

11.2.1 name and surname;

11.2.2 email address;

11.2.3 date of birth;

11.2.4 identity number;

11.2.5 gender;

11.2.6 physical address; and

11.2.7 mobile number.

11.3 This clause 11 is to be read with our privacy policy, which can be accessed via the following link: https://www.nwk.co.za/nwks-privacy-policy/, the contents whereof are incorporated into these Terms and Conditions, as if specified, and which will likewise and similar to the Terms and Conditions, be binding on you.

11.4 You will be responsible to ensure that your personal information remains updated, as and when any such information may change.

11.5 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

11.6 Subject to clause 11.7 below, we will not, without your express consent:

11.6.1 use your personal information for any purpose other than as set out below, subject to the provisions of the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time ("POPIA"):

11.6.1.1 in relation to the ordering, sale and delivery of the Equipment;

11.6.1.2 in relation to returns, refund and/or exchange requests on the basis as set out in the RRE Policy;

11.6.1.3 to contact you regarding current or new Equipment or services or any other product offerings or Promotions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

11.6.1.4 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

11.6.1.5 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.

11.7 We will not disclose your personal information to any third-party other than as set out below, subject to the provisions of POPIA:

11.7.1 to our employees and/or third-party service providers, who assist us to interact with you via our Website, email or any other communication method, regarding any dealings in respect of the Website and any aspects pertaining to Sales, including but not limited to delivery/collection, returns, refund or exchange requests and such other aspects ancillary thereto, and thus need access to your personal information in order to assist us to communicate properly and efficiently with you;

11.7.2 to our divisions, affiliates 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 relevant communication method for purposes of sending you marketing material regarding any current or new equipment, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

11.7.3 to law enforcement, government officials, fraud detection agencies or other third-parties when we reasonably believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

11.7.4 to our service providers (under contract with us) who assist with parts of our business operations (fraud prevention, marketing, technology services etc). Kindly note, our contracts dictate that these service providers may only use your information for purposes of rendering their corresponding services to us and not for their own benefit or any other reasons;

11.7.5 to our suppliers in order for them to liaise directly with you regarding any warranty and related claims in respect of the Equipment that you purchased from us; and

11.7.6 to the extent that such disclosure is necessitated 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, Agtech@NWK is entitled to disclose all such personal information as may be required for purposes of a criminal investigation, or in accordance with any other legal obligation that may be imposed on us to do so.

11.8 We will ensure that all our employees, third-party service providers, divisions, affiliates and partners (including their employees and third-party service providers) who have access to your personal information are bound by appropriate and legally binding confidentiality and processing obligations, and all internal policies in relation to your personal information.

11.9 We will:

11.9.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms and Conditions and in terms of POPIA;

11.9.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

11.9.3 provide you with access to your personal information to view and/or update personal details;

11.9.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information and the measures that have been implemented to ensure that the incident has been effectively mitigated and addressed;

11.9.5 provide you with reasonable evidence of our compliance with our obligations under this clause 11 and all applicable legislation on reasonable notice and request; and

11.9.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain. 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 our retention thereof for a longer period, subject to the applicable prescribed statutory retention periods.

11.10 Agtech@NWK undertakes not to sell or make your personal information available to any third-party other than as provided for in these Terms and Conditions.

11.11 Whilst we will do all things reasonably necessary to protect your right to 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.

11.12 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 Agtech@NWK, Agtech@NWK WILL 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, as we do not regulate or control how such third-party uses your personal information. You should always ensure that you read the privacy policy of any third-party.

11.13 PLEASE NOTE: This website makes use of "cookies" to automatically collect information and data through the standard operation of 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. As such, should 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 this clause 11.

12. CHANGES TO THESE TERMS AND CONDITIONS

12.1 Agtech@NWK may, in its sole discretion and from time to time, change any of these Terms and Conditions. You are therefore responsible to regularly review these Terms and Conditions and ensure that you are satisfied with the content thereof. Should you not be satisfied, you must not place any further orders on, or in any other way use or make use of the Website.

12.2 Any such change will only apply to your use of the Website after the revised Terms and Conditions are available on the Website. If you use the Website thereafter, you will be deemed to have accepted such changes.

13. ELECTRONIC COMMUNICATIONS

13.1 When you visit the Website or send emails to us, you consent to receiving electronic-based communication from us or any of our divisions, affiliates or partners in accordance with our privacy policy as set out in clause 11 above.

13.2 If, at any time, you wish to withdraw your consent to receive direct marketing communications from us, you may opt-out from any of our marketing channels, either when you first register on the Website or at any time afterwards. When we send you additional communications, you can opt-out by exercising the opt-out function on the channel used to communicate with you, or you may contact our support team, which can be accessed via agtech@nwk.co.za or agtechvoorraad@nwk.co.za.

14. OWNERSHIP AND COPYRIGHT

14.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website ("Website Content") are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Agtech@NWK, its advertisers and/or sponsors and/or is licensed to Agtech@NWK.

14.2 You will not acquire any right, title or interest in or to the Website or the Website Content.

14.3 Any use, distribution or reproduction of the Website Content is expressly prohibited unless and except to the extent that the same may be expressly authorised in accordance with these Terms and Conditions or as may be otherwise provided for in law. To obtain authorisation for the commercial use of any Website Content, please contact us via our Help Page, which can be accessed via https://shopagtech.co.za/pages/contact.

14.4 Where any of the Website Content has been licensed to Agtech@NWK or belongs to any third-party, your 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.

15. DISCLAIMER

15.1 The use of the Website is entirely at your own risk and you assume full responsibility and liability for any risk or loss resulting from the use of the Website or reliance on any information on the Website.

15.2 Whilst Agtech@NWK takes reasonable measures to ensure that the content of the Website is accurate and complete, Agtech@NWK makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Agtech@NWK's representatives, Agtech@NWK will not be bound thereby.

15.3 Agtech@NWK disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

15.4 Although Equipment sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

15.5 Any views or statements made or expressed on the Website are not necessarily the views of Agtech@NWK, its directors, employees and/or agents.

15.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Agtech@NWK also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Agtech@NWK, its employees, agents or authorised representatives. Agtech@NWK accordingly disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

16. LINKING TO THIRD-PARTY WEBSITES

16.1 The Website may contain links or references to other websites ("Third-Party Websites") which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Agtech@NWK is not responsible for the practices and/or privacy policies of those Third-Party Websites or the "cookies" that those sites may use.

16.2 Notwithstanding the fact that the Website may refer to or provide links to Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

17. LIMITATION OF LIABILITY

17.1 Agtech@NWK cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Agtech@NWK, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help Page, which can be accessed via the following link: https://shopagtech.co.za/pages/contact, alternatively by email: agtech@nwk.co.za or agtechvoorraand@nwk.co.za.

17.2 AGTECH@NWK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

17.3 YOU HEREBY INDEMNIFY THE INDEMNIFIED PARTIES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD-PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

18. AVAILABILITY AND TERMINATION

18.1 We will endeavour to at all times maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue access to the Website or any part thereof with or without notice to you.

18.2 Agtech@NWK may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Agtech@NWK will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

18.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the purchase price of an order for any Equipment, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without prejudice to any claims for damages or otherwise that we may have against you.

18.4 Agtech@NWK is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a Promotion intended by Agtech@NWK to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Agtech@NWK, in whole or in part, on notice to you. Any refund liability that Agtech@NWK may have, will be subject to the RRE Policy. As such, Agtech@NWK does not accept any other liability which may arise as a result of such blacklisting and/or refusal to process any order.

18.5 You may choose to stop using the Website at any time, with or without notice to Agtech@NWK.

19. GOVERNING LAW AND JURISDICTION

19.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

19.2 The parties consent to the jurisdiction of the Magistrates Court (District Court or Regional Court) to adjudicate any matter arising from these Terms and Conditions, notwithstanding that the amount of any claim may exceed the monetary jurisdiction of such court. The parties may nevertheless elect to refer any matter arising from these Terms and Conditions to the High Court with jurisdiction.

19.3 Nothing in this clause 19 or the Terms and Conditions limits your or our right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

20. NOTICES

20.1 Agtech@NWK herewith elects 81 Scholtz Street, Lichtenburg 2740, North West Province, as its physical address, and law@nwk.co.za as its email address, for service of all formal notices and legal processes in connection with these Terms and Conditions ("legal addresses"). Agtech@NWK may change its legal addresses from time to time by updating these Terms and Conditions.

20.2 You hereby elect the delivery address as well as your email address specified with your order as your legal addresses, but you may change it to any other physical address or email address by giving Agtech@NWK no less than 7 (seven) days' prior written notice thereof.

20.3 Notices must either be delivered by hand or transmitted by email, and must be in English or Afrikaans. All notices:

20.3.1 delivered by hand, will be deemed to have been received on the date of delivery; and

20.3.2 transmitted by email, will be deemed to have been received on the first business day immediately following the date of transmission.

21. COMPLAINTS

21.1 We are a participant of the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code can be accessed via the following link: http://www.cgso.org.za/downloads/. If you have a complaint about the Equipment provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our help page, which can be accessed via the following link: https://shopagtech.co.za/pages/contact.

21.2 If we do not resolve your complaint within 15 (fifteen) business days of your notice thereof to us, you are entitled to approach the Consumer Goods and Services Ombud ("CGSO"), to assist in resolving the dispute. The CGSO's contact details are: Website: http://www.cgso.org.za/ Share; Tel.: 0860 000 272; Email: complaints@cgso.org.za.

22. INFORMATION

22.1 For purposes of the Electronic Communications and Transactions Act, No. 25 of 2002, as amended from time to time, Agtech@NWK's information is as follows, which should be read in conjunction with its Equipment's description and other terms and conditions contained on the Website:

22.1.1 Full name: NWK Limited, a public listed company registered in South Africa with registration number 1998/007577/06, trading amongst others under the name and style of Agtech@NWK.

22.1.2 Main business: Supplier of agricultural and related products and services.

22.1.3 Physical address for service of legal notices: NWK Head Office, 81 Scholtz Street, Lichtenburg, 2740 (marked for attention: Head Legal Counsel)

22.1.4 Office bearers: Head Legal Counsel.

22.1.5 Telephone number: +27 18 633 1000.

22.1.6 Email address: law@nwk.co.za.

23. GENERAL

23.1 Agtech@NWK may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user's right to use the Website or any of its contents, subject to our processing of any of your pending orders.

23.2 You may not cede, assign or otherwise transfer your rights and/or obligations in terms of these Terms and Conditions to any third-party.

23.3 Any failure on your or our part to enforce any right in terms of these Terms and Conditions will not constitute a waiver of such right.

23.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain of full force and effect.

23.5 No indulgence, extension of time, relaxation or latitude which any party ("grantor") may show grant or allow to the other ("grantee") will constitute a waiver by the grantor of any of the grantor's rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

23.6 These Terms and Conditions contain the whole agreement between you and Agtech@NWK and no other warranty or undertaking is valid, unless contained in this document between the parties.