Terms and Conditions:

Plant Pulse (Pty) Ltd. (Registration no: 2021 / 685002 / 07) 

This document was most recently updated on the [20 August 2023] 

1.   General 

1.1   These terms and conditions of use and purchase and privacy policy (“Terms”) govern your (“the User”) use of Plant Pulse’s (“the Provider”) website located at domain name, www.plantpulse.com, and all associated domain names, (“the Website”). 

1.2   By accessing the Website, through any forum, including but not limited to mobile, PC, desktop applications, the User acknowledges and agrees to be bound by the Terms. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute any Content located or found on the Website. 

1.3   Any User who registers for a user account (“Registered User”), or any User who purchases Goods or Services (as defined below) from Plant Pulse Pty Ltd. (“Purchaser”) (collectively hereinafter referred to as the “Users”) agree to be bound and will be bound by the Terms in terms of clause 1.1 and 1.2 above. 

2.   Updating these Terms 

The Provider may at any time amend the Terms, which amendments shall be effective immediately from the time when the amendments are loaded on to the Website. The Provider will use its best endeavours to notify the User of any amendments by posting a notice on the Website. The User’s continued use of the Website following the amendments of the Terms will be deemed to be and will constitute acceptance of the Terms (as amended) by the User/s. 

3. Registered User and Purchaser Data 

Registered Users and Purchasers agree to provide accurate, current, and complete information about you and/or your business where requested by Plant Pulse (Pty) Ltd. Registered Users and Purchasers agree to maintain and expeditiously update all information about you and/or your business. Registered Users and Purchasers agree to maintain the security of your username and password, and you hereby acknowledge and agree that you are responsible for any and all use of your user account, whether authorized or unauthorized, and for any actions that occur using your user account. 

4. The Supplier of Goods and Services Details; 

4.1   In accordance with the disclosure requirements of the Electronic Communications and Transactions Act 25 of 2005 (“ECTA”), the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers: 

4.1.1   The Supplier is: 

4.1.1.1   Plant Pulse (Pty) Ltd.  (entity number: 2021 / 685002 / 07) t/a Plant Pulse (Pty) Ltd. (“Supplier”); 

4.1.1.2   Not registered for VAT; 

4.1.1.3   Has as its physical address: 8 Lea Rd, Rondebosch, Cape Town, 7700;` 

4.1.1.4   Tel: (0834049343); 

4.1.1.5   Supplier will accept legal service at 8 Lea Rd, Rondebosch, Cape Town, 7700; 

4.1.1.6   Supplier’s directors and office bearers; 

4.1.1.7   The main business of the Supplier is the measurement, storage and display of sap flow data. 

4.2   The Supplier’s website is www.plantpulse.com and its email address is info@plantpulse.com. 

5.   Goods and Services 

5.1   The goods or services sold on this website includes sap flow measuring devices and the online storage and display of the collected data. 

5.2   Goods and services (“Goods and Services”) includes the following; 

5.2.1   Sap flow data, sap flow sensors, commication equipment appropriate the task; 

5.2.2   The Sap flow data is supplied to the user through the medium of the Plant Pulse online dashboard.

6.   Terms of download 

6.1 Data is downloaded from the website as an when required by the user, for the purposes of the monitoring plant growth and optimizing the production of the agricultural produce. 

7.Payment 

Payment can be made online by electronic funds transfer or credit/debit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdrawal by User prior to placing a final order.  All major credit/debit, or electronic funds transfer are acceptable methods of payment.   

8.   Complaints and disputes 

Provider offers Users to file complaints via the “contact us” service of the website, www.plantpulse.com. Currently Supplier does not subscribe to any alternative dispute resolution code or mechanism.  

9. Copyright and Intellectual Property Rights 

9.1 Provider provides certain information on the Website.  Content displayed at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”).  All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or the third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws. 

9.2 The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User.  The User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. 

10.Limited License to General Users 

10.1   Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, research, commercial and non-commercial and information purposes. 

10.2   This Website and the Content (specifically excluding sap-flow data) may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider. 

10.3   The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent of Provider. 

10.4   Provider and the Owners do not offer Products or Services to minors. If you are under the age of 18, you may not act upon any offers on the Website. 

10.5   Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

10.6   Any unauthorised use terminates this license. 

11. Limited License to Registered Users 

11.1 Provider allows and processes the registration of certain corporate users (“Registered User”) at the Website.

11.2   Subject to these Terms, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access, display, use, download and otherwise copy the current and future Content for the purposes agreed to by the Registered User and Provider in their respective agreements. 

11.3   This Website and the Content (sap flow data only) may only be: 

• downloaded, published, duplicated, copied; 
• visited; or 
• otherwise exploited, for the specific purposes set out in this agreement. 

11.4   The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here. It also does not allow any derivative use of this Website or the Content for the benefit of another merchant. 

11.5   The Registered User may not frame the Website or the Content without the express written consent of Provider. 

11.6    Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

11.7 Any unauthorised use terminates this license. 

12.Limitation of Liability 

12.1   Subject to the provisions of sections 43(5) and 43(6) of the ECTA, and to the extent permitted by law, the Website, all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, director’s partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whomever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

12.2   Neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of the content, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law. 

13. Warranties and Representations Concerning Goods and Services Sold via the Website 

13.1 To the extent permissible by law, the Provider undertakes no responsibility for the quality of the Goods or Services sold through the Website except where otherwise provided for in the Terms.  The Goods or Services sold through the Website are sold “as is” and the Purchaser hereby understands and agrees that the Purchaser will hold harmless, indemnify, the Supplier/Provider, including its members, agents, and employees, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys fees, that arise from the purchase and use of the Goods or Services from the Supplier, the Purchaser’s violation of the rights of a third party, or the Purchaser’s violation of any intellectual property rights. This obligation to hold harmless, indemnify, and defend the Supplier will survive the failure or termination of these Terms and your purchase and use of any Goods or Services purchased from the Provider. 

13.1 Users Registered Users and Purchasers hereby understand and agree that they may not assign your rights or obligations under this Terms of Use agreement. 

13.2 The Provider may assign its rights and duties under this agreement at any time, including but not limited to a sale of the Website and its associated content by the Provider. 

Specifically held liable for reprinting 

14.   Privacy, Access to and Use of Information 

14.1   The Provider receives various types of information from Users who access the Website, including but without limitation, personal information as detailed in the Promotion of Access to Information Act, 2000 (“PAIA”), as defined in the ECTA, and includes the names, birth dates, email addresses, phone numbers, and credit card information (“the Personal Information”). 

14.2   The User may choose not to provide certain Personal Information, but that may limit the services that the User may wish to obtain from the Provider. 

14.3   The Provider may electronically collect, store and use the Personal Information and the User hereby consents to the Provider collecting, storing and using the Personal Information of the User. 

14.4   Interception of communications. Despite such undertaking, it is possible for Internet-based communications to be intercepted. • Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. • The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or Provider through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. 

14.5   To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms. 

15. Privacy – casual surfing 

15.1   The User may visit the Website without providing any personal information. 

15.2   The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information. 

15.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc. 

15.4 Provider uses this information to determine use of the Website, and to improve Content. 

15.5    Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information. 

16.   Privacy – unsolicited information 

16.1   If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to the Owners a: 

• non-exclusive; 
• royalty-free; 
• perpetual (everlasting); 
• irrevocable (irreversible); and 
•fully sub-licensable, 

right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. 

16.2   The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants: 

• that the User owns or otherwise controls all of the rights to the Information that the User posts; 
• that the Information is accurate; 
• that by the supply of the Information to Provider; 
• the User does not violate this Policy and does not infringe the rights of any person or entity; and 
• that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it. 

16.3   Provider may monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party. 

17. Privacy-solicited information the User gives to Provider 

17.1   Provider requires certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services. 

17.2   Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this Provider. 

17.3   Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Provider a: 

• non-exclusive; 
• royalty-free; 
• perpetual; 
• irrevocable; and 
• fully sub-licensable, 

right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media including transactions with the user and the registration of the user. 

17.4   The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities. 

18. Privacy – promotional information   

Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to info@sabarcodes.co.za. 

19. Privacy- business transfers   

Provider may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets. 

20.   Privacy- lawful purposes   

When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Provider may also impart Personal Information if permitted or required to do so by law. 

21.   Privacy-surveys and statistical profiles 

21.1   Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to enable the updating of service standards. 

21.2   When it conducts a survey, Provider must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys. 

21.3 Despite terms to the contrary, Provider may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party. 

22.  Privacy- storage   

Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable). 

23.   Privacy- interception   

Subject to the Regulation of Interception of Communications Act (“RICA”), Act 70 of 2002, the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined. 

24. Termination 

24.1   The Provider reserves the right to, in its sole discretion and without notice to the Registered User, terminate the registration of the Registered User, and prevent or restrict access to the Website. 

24.2   The Registered User may at any time terminate its own registration. 

24.3   The Registered User acknowledges and agrees that, notwithstanding the termination of the User’s registration, any content or user submissions posted by the user may, at the Provider’s discretion, remain on the Website. Notwithstanding termination, the Terms including all warranties, representations, consents, acknowledgements and undertakings made by the Registered User remain of full force and effect. 

25.  Contractual Errors and Omissions 

The goods and services listed on this website are not an offer to enter into a contract. The Provider provides the Website and its associated content only as an invitation to deal, and the User hereby understands and agrees that its offer to purchase goods or services from the Supplier will be accepted at the sole discretion of the Supplier.  The Provider reserves the right to deny your offer for any reason, and the user hereby agrees and understands that the Provider will not be held liable for any error or omission in the pricing or listing of any good or service sold through the Website. 

26.   Applicable Law 

26.1   This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa. 

26.2   These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute. 

26.3   If any of the provisions of these Terms are found by a Court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force. 

27.   General 

27.1   These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Provider. 

27.2  These Terms constitutes the entire agreement between the Provider and the User with regard to the matters set out herein. 

28.   Contact Details   

In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following: 

Email: info@plantpulse.com

Date: 20 August 2023