1. About this agreement
This Platform and Website Licence (“Licence”) is an agreement between:
Agribantu, a farmer-led platform and network operating from the Republic of South Africa (“Agribantu”, “we”, “us” or “our”);
and
the person or organisation accessing or using the Agribantu Services (“you”, “your”, “Customer” or “User”).
Where an individual uses the Agribantu Services on behalf of an organisation, that individual confirms that they are authorised to accept this Licence on behalf of that organisation.
2. Agribantu Services
For purposes of this Licence, the “Agribantu Services” include:
- the websites operated under agribantu.co.za and agribantu.com;
- the Agribantu application operated through app.agribantu.com;
- the Agribantu application programming interface operated through api.agribantu.com;
- Agribantu mobile, desktop or embedded applications;
- Agribantu documentation, reports, templates, dashboards and integrations;
- associated modules, including people management, workforce operations, attendance, location intelligence, livestock management, finance, reporting, regulatory workflows and related services; and
- any successor domain, application or service expressly identified as part of the Agribantu platform.
3. Acceptance
By accessing a public Agribantu website, creating an account, accepting an invitation, using the application, using an API credential or otherwise using an Agribantu Service, you agree to be bound by this Licence.
Where a Customer has entered into a separate order form, subscription agreement, enterprise agreement, data-processing agreement or service-level agreement with Agribantu, that agreement forms part of the contractual relationship.
Where there is a conflict, the following order of precedence applies:
- a signed enterprise or subscription agreement;
- an applicable order form;
- an applicable data-processing agreement;
- this Licence; and
- published documentation and policies.
4. Ownership
The Agribantu Services, including their software, source code, object code, APIs, databases, interfaces, workflows, designs, graphics, reports, documentation, trademarks, trade names and other content, are owned by or licensed to Agribantu.
Except for the limited rights expressly granted under this Licence, no right, title or interest in the Agribantu Services is transferred to you.
The Agribantu software is licensed, not sold.
“AGRIBANTU”, its logos and associated product names are proprietary marks. No right to use those marks is granted except as expressly authorised in writing.
5. Public website licence
Agribantu grants you a limited, revocable, non-exclusive and non-transferable right to access and view its public websites for legitimate informational and business purposes.
You may:
- view publicly available pages;
- download materials expressly made available for download;
- link to public Agribantu pages in a lawful and non-misleading manner; and
- share brief extracts where Agribantu is properly acknowledged.
You may not reproduce, republish, mirror, commercially exploit or create derivative works from substantial portions of the websites without prior written permission.
6. Application licence
Subject to payment of applicable fees and continued compliance with this Licence, Agribantu grants each authorised organisation a limited, non-exclusive, non-transferable and non-sublicensable right to permit its authorised users to access and use the application:
- for the organisation’s internal business and operational purposes;
- during the applicable subscription or authorised access period;
- within the subscribed organisation, tenant, user and feature limits; and
- in accordance with the applicable documentation and access permissions.
The organisation is responsible for determining which users may access its account and which roles and permissions are assigned to them.
An account, licence seat or access credential may not be sold, leased or shared with an unauthorised person.
7. API licence
Where Agribantu provides API access, it grants the Customer a limited, revocable, non-exclusive and non-transferable right to access the API solely:
- through valid credentials issued or approved by Agribantu;
- for the Customer’s authorised internal integration;
- within documented rate, security and usage limits; and
- for lawful use consistent with the Customer’s subscription.
API credentials must be treated as confidential and may not be embedded in publicly accessible code or disclosed to unauthorised persons.
Agribantu may introduce reasonable rate limits, rotate credentials, deprecate API versions or suspend API access where necessary to protect security, availability or data integrity.
Unless expressly authorised in writing, API access does not permit a person to:
- resell or sublicense Agribantu data or functionality;
- build a competing or substantially similar service;
- systematically extract or replicate Agribantu databases;
- bypass permissions or tenant boundaries;
- conduct unauthorised automated scraping; or
- use the API to access data outside the Customer’s authorised scope.
8. Mobile applications
Any Agribantu mobile application is licensed for installation and use on compatible devices controlled by the Customer or an authorised user.
Mobile access may require permissions for location, notifications, camera, background processing, Bluetooth or device identification. The purpose and processing of information obtained through those permissions must be described in the applicable Privacy Policy and in any notices presented within the application.
The Customer is responsible for ensuring that its implementation of employee attendance, tracking and location features complies with applicable employment, privacy and workplace requirements.
9. Prohibited conduct
You may not, and may not assist another person to:
- copy, modify, translate or create derivative software from the Agribantu Services, except where expressly permitted;
- reverse engineer, decompile or attempt to discover source code, except to the limited extent that such restriction is prohibited by applicable law;
- bypass authentication, authorisation, subscription, tenancy or security controls;
- probe, scan or test vulnerabilities without written authorisation;
- interfere with the availability, integrity or performance of the Services;
- introduce malicious software, harmful code or fraudulent data;
- impersonate another person or misrepresent authority to act for an organisation;
- use the Services for unlawful discrimination, harassment, surveillance or exploitation;
- access another organisation’s data without lawful authority;
- remove copyright, trademark or proprietary notices;
- use automated processes in a manner that unreasonably burdens the Services; or
- use the Services in contravention of applicable law or another person’s rights.
10. Customer data
As between Agribantu and the Customer, the Customer retains its rights in information submitted to the Agribantu Services by or on behalf of the Customer (“Customer Data”).
The Customer grants Agribantu a limited right to host, reproduce, transmit, process, back up and otherwise use Customer Data only as reasonably necessary to:
- provide and secure the Agribantu Services;
- perform the applicable agreement;
- prevent abuse and investigate incidents;
- provide support;
- comply with lawful obligations; and
- perform other activities authorised by the Customer or described in the Privacy Policy.
Agribantu does not acquire ownership of Customer Data merely because that data is processed through the platform.
The Customer warrants that it has an appropriate lawful basis and authority to collect, upload, process and instruct Agribantu to process Customer Data.
11. Personal information
Personal information is processed in accordance with the Agribantu Privacy Policy and any applicable data-processing agreement.
Depending on the activity and relationship, Agribantu may act as a responsible party, joint responsible party or operator, as those concepts are recognised under applicable data-protection law.
This Licence does not replace the Agribantu Privacy Policy or a customer-specific data-processing agreement.
12. Confidentiality
Non-public information relating to the Services, security architecture, pricing, Customer Data, business operations, credentials and technical documentation must be treated as confidential where its nature or circumstances reasonably indicate confidentiality.
A recipient may disclose confidential information only:
- to persons who require it for the authorised purpose and are subject to suitable confidentiality obligations;
- with the disclosing party’s permission; or
- where disclosure is required by law.
13. Third-party and open-source components
The Agribantu Services may include third-party or open-source software.
Such components remain governed by their applicable third-party licences. Where a third-party licence grants rights that cannot lawfully be restricted by this Licence, that third-party licence prevails for that component.
Agribantu will make applicable open-source attribution and licence notices available through its Open-source Notices page or accompanying documentation.
Third-party services, maps, messaging platforms, payment services, tracking systems and external integrations may also be subject to their providers’ terms.
14. Updates and changes
Agribantu may update, improve, replace or discontinue features as the platform develops.
Agribantu will endeavour to provide reasonable notice where a material change is likely to significantly reduce paid functionality, except where immediate action is necessary for security, legal compliance or service integrity.
Beta, preview, proof-of-concept and experimental functionality may be modified or withdrawn and may not be suitable for production-critical use.
15. Availability and support
Service availability, support commitments, backup arrangements and recovery objectives are governed by the applicable subscription plan, order form or service-level agreement.
Agribantu does not warrant that every Service will be uninterrupted or error-free. Agribantu will nevertheless use reasonable measures appropriate to the nature of the Service to maintain security, integrity and availability.
16. Operational decisions
Agribantu provides technology for recording, organising, communicating and analysing operational information.
Unless expressly agreed otherwise, the Services do not constitute:
- legal advice;
- veterinary diagnosis or treatment;
- regulated financial advice;
- tax advice;
- employment-law advice;
- an official government determination; or
- a substitute for professional judgement.
Customers remain responsible for decisions taken using information presented through the Services.
17. Suspension
Agribantu may suspend access where reasonably necessary because of:
- non-payment;
- a material breach of this Licence;
- suspected account compromise;
- unlawful activity;
- a threat to security or service availability;
- an instruction from a competent authority; or
- conduct likely to expose Agribantu, another customer or another person to material harm.
Where reasonably possible, Agribantu will provide notice and an opportunity to remedy the issue.
18. Termination
This Licence remains effective until terminated.
A Customer’s access may end when:
- its subscription expires or is terminated;
- the Customer closes its account;
- an applicable agreement ends; or
- Agribantu terminates access following an unresolved material breach.
Upon termination, the licence to use the Services ends. Provisions concerning ownership, confidentiality, accrued payment obligations, liability, Customer Data, dispute resolution and other provisions intended to survive will continue to apply.
Data export, retention and deletion following termination will be handled under the applicable agreement, Privacy Policy and retention requirements.
19. Warranties and statutory rights
Nothing in this Licence excludes any warranty, remedy, consumer right or liability that may not lawfully be excluded.
Subject to those non-excludable rights, the Services are provided on an “as available” basis. Agribantu does not warrant that the Services will meet every particular business requirement or that all information supplied by customers, users or third parties will be accurate.
No statement in this Licence limits Agribantu’s obligations to use payment and security measures required by applicable law.
20. Limitation of liability
To the maximum extent permitted by law, neither party will be liable to the other for indirect, consequential or special loss arising from use of the Services, including loss of anticipated profit, opportunity or goodwill, except where such exclusion is prohibited by law.
Any contractual liability cap contained in an applicable signed agreement or order form will apply.
Nothing in this Licence excludes liability that cannot lawfully be excluded, including liability arising from fraud, wilful misconduct or any other liability that applicable law requires to remain enforceable.
21. Governing law
This Licence is governed by the laws of the Republic of South Africa.
The parties consent to the jurisdiction of the South African courts that have jurisdiction over the dispute, subject to any valid arbitration or dispute-resolution provision in a separate signed agreement.
Nothing prevents either party from seeking urgent interim relief from a competent court.
22. Changes to this Licence
Agribantu may amend this Licence to reflect changes to the Services, law, security requirements or commercial operations.
The effective date will be displayed at the beginning of the document. Material changes affecting existing paid Customers will be communicated through reasonable means before taking effect, where practicable.
Continued use after the effective date of an amendment constitutes acceptance to the extent permitted by law.
23. General provisions
If part of this Licence is found to be invalid or unenforceable, the remaining provisions continue to apply.
A failure to enforce a provision is not a waiver of that provision.
You may not transfer your rights under this Licence without Agribantu’s prior written consent. Agribantu may transfer its rights and obligations as part of a lawful restructuring, merger, acquisition or transfer of the Agribantu business.
This Licence and the agreements incorporated into it constitute the agreement concerning the licensed use of the Agribantu Services.