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Home » Kromco Terms and Conditions Of Use And Service

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

By accessing or using www.kromco.co.za or any of its associated blogs or online platforms (“the Website”), owned and operated by Kromco (Pty) Ltd. (Registration Number: 1995/012961/07) (“Kromco”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“the Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Kromco.

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

  • The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever, including each user who registers as contemplated below. Accordingly, the terms “us”, “our” or “we” used refers to Kromco or its possession.
  • Please use these hyperlinks to jump to specific important sections in these Terms: Privacy Policy terms, Disclaimer, Intellectual Property terms.
  • Not all terms are defined in order.
  • These Terms were last update on 11 April 2019.
  1. INTRODUCTION AND THE SERVICES
    1. Kromco provides an online information and engagement platform which, amongst other things, allows users to discover more about Kromco’s excellent services and products available from Kromco and its preferred affiliates, as well as to contact them for further information or engagement (“Services”).
    2. In order to use some of the Services on the Website, users must register a “Profile” by following the requisite prompts provided on the Website.
    3. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Kromco uploading the amended Terms to the Website. It is your responsibility to read these Terms periodically to ensure you are aware of, and understand, any changes. Please contact webmaster@kromco.co.za for further information on any of the Terms.
    4. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
    5. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to the Terms and to be liable and responsible for you and all of your obligations under the Terms.
  2. USER REGISTRATION PROCESS
    1. In order to use certain features of the Website, such as Client Login, you must complete the Profile registration process detailed on the Website. Each user agrees to provide accurate, current and complete information during the registration process.
    2. By entering your personal information on the Website, Kromco is entitled to assume that the person using the Website is you. You are responsible for keeping your Website information safe and private, and any actions performed on the Website using your information will be assumed to be you, and hence, you should not share your log-in details or password with anyone.
    3. You agree to notify Kromco immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your personal/Website information and to take steps to mitigate any resultant loss or harm.
    4. Kromco may require you to submit your full name, email address, home address and phone number upon registering a Profile, where users can then subsequently amend this information by logging-in to their Profile at any time and following the supplied prompts.
    5. By submitting your personal information to the Website in order to register a Profile, to sign-up for newsletters, to contact us or for any other reason, you expressly consent and opt-in to Kromco using this information as per our Privacy Policy terms.
  3. INFORMATION PROVISION ONLY
    1. The Website displays many of the Kromco agricultural products available to be purchased from them, as well as their other packaging and storage services available from them, from time to time. The user understands and agrees that any display of same products or services on the Website is for general indication and advertising reasons only, where the user must have no expectation of same products or services always being available from Kromco or made available as exactly described on the Website, or at any rate, time or fee displayed at any time on the Website. Should you require more information on the exact products or services available from Kromco at any given time, please contact marketing@kromco.co.za who will gladly assist.
    2. You acknowledge that stock of all Kromco products detailed on the Website at any given time is limited and that pricing may change at any time without notice to you. Kromco will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of any stock or service.
    3. Kromco shall take all reasonable efforts to accurately reflect the description, availability, composition, product type, purchase price and/or other pertinent information relating to our products or services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence nor fraud), we shall not be liable for any suffered loss, claim, damages or expenses, direct or indirect, relating to same errors.
  4. USER RESPONSIBILITIES AND WARRANTIES
    1. By using the Website, you warrant that:
      1. you have read and agreed to these Terms and will use the Website in accordance with them;
      2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
      3. you have the legal capacity to understand and be bound by the Terms and are the age of majority in your country of residence and/or you have permission from your guardian to use the Website, if such permission is required;
      4. you will not post, upload, replicate or transmit any abusive content on or through the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
      5. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
      6. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute (see the Intellectual Property terms for more information);
      7. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services or devices; and/or
      8. you will not facilitate or assist any third party to do any of the above.
    2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
    3. Without prejudice to any of Kromco’s other rights (whether at law or otherwise), Kromco reserves the right to deny you access to the Website and/or Services where Kromco believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason in its sole discretion, where Kromco will provide notice to you.
    4. Kromco does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
  5. RECEIPT AND TRANSMISSION OF DATA MESSAGES
    1. Data messages, including e-mail messages, sent by you to Kromco will be considered to be received only when acknowledged or responded to.
    2. Data messages sent by Kromco to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    3. Kromco reserves the right not to respond to any communication, e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
    4. Whilst all reasonable care is always used by Kromco, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Kromco is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Kromco to a user or from a user to Kromco.
  6. INTELLECTUAL PROPERTY
    1. All Website content and material, information, data, software, code, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website and/or any product) together with the underlying software code of the Website (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Kromco, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
    2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website and of product/s are expressly reserved by Kromco. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website, of the product/s or the underlying software code whether in whole or in part, without the written consent of Kromco first being granted, which consent may be refused at the discretion of Kromco. No modification of any intellectual property or editorial content or graphics is permitted.
    3. Kromco reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website will not be affected by such suspension or termination (as the case may be).
    4. Where any of the Website and/or product intellectual property has been licensed to Kromco or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    5. Any enquiries regarding any of the above relating to intellectual property must be directed to Kromco at webmaster@kromco.co.za.
  7. ADVERTISING AND SPONSORSHIP
    1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
    2. Kromco, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  8. DISCLAIMERS AND INDEMNITIES
    DISCLAIMERS

    1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Kromco makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
    2. All information or opinions of users made available on the Website in relation to any of the services or products are those of the authors and not Kromco. While Kromco makes every reasonable effort to present such information accurately and reliably on the Website, Kromco does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
    3. Kromco, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom.
    4. Kromco, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation of sales, the products or services, access to, or use of, the Website in any manner.
    5. Kromco takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Kromco does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
      INDEMNITIES
    6. The user indemnifies and holds harmless Kromco, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or services offered through the Website in any way.
    7. The user agrees to indemnify, defend and hold Kromco harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
    8. This clause will survive termination of this agreement.
  9. COMPANY INFORMATION
      • Site owner: Kromco (Pty) Ltd.
      • Legal Status: Kromco is a (Pty) Ltd. – private limited liability company
      • Registration Number: 1995/012961/07
      • Director: Philip du Plessis
      • Description of main business: Agricultural products and services
      • Telephone number: +27 21 850 6700
      • E-mail address: info@kromco.co.za
      • Website address: www.kromco.co.za
      • Physical address: Patryslaagte, N2, Grabouw, Western Cape, South Africa
      • Postal address: PO Box 133, Grabouw, Western Cape, South Africa, 7160
      • Registered address: Patryslaagte, N2, Grabouw, Western Cape, South Africa
  10. DISPUTE RESOLUTION
    1. Should any dispute, disagreement or claim arise between the parties concerning use of the Website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    2. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
    3. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Kromco. Arbitration proceedings shall be conducted in Cape Town, South Africa in English, where the costs thereof shall be borne equally by both parties.
    4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
    5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
    6. Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable South African legislation.
  11. TERMINATION
    1. Kromco reserves the right to terminate and cancel your Profile and/or your access to the Website if you breach any of the Terms, or for any other reason provided that Kromco gives reasonable notice to you.
    2. If you wish to terminate your agreement with the Terms and with Kromco, you may do so by discontinuing your use of the Website.
    3. The obligations and liabilities of the parties incurred prior to the termination date of the Terms and/or use of the Website shall survive the termination of this agreement for all purposes.
  12. NOTICES AND SERVICE ADDRESS
    1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
      1. in the case of Kromco, at legal@kromco.co.za; and
      2. in the case of the user, at the e-mail and addresses provided by the user to Kromco in the information submission process when registering a Profile.
    2. Any notices to any party will be sent via e-mail. Unless the contrary is proved, any notice transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
    3. The term "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
    4. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  13. GENERAL
    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
    2. No indulgence, leniency or extension of time granted by Kromco shall constitute a waiver of any of Kromco’s rights under these Terms and, accordingly, Kromco shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
    3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
    4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    5. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms shall be governed by and construed in accordance with the laws of South Africa.
    6. Should you have any complaints or queries, kindly address an e-mail to webmaster@kromco.co.za advising Kromco of same.
    7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
    8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 13.7.
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