1.1. In this user agreement, the terms below have the following meanings:
1.1.1. “BVG Apps” means any online application software that is provided by or is connected with BVG Commodities (Pty) Ltd that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.2. “Site” means collectively our website/s and the BVG Apps.
1.1.3. “we”, “us”, “our” and “BVG” means the BVG Group of Companies, its affiliates and subsidiaries and any developers that BVG or Agribase Commodities (Pty) Ltd may employ from time to time.
1.1.4. “website” means the internet websites with the address www.bvg.net or any website with a URL that is validly registered to AgriBase Commodities (Pty) Ltd.
1.1.5. “you” and “your” means the user of the Site and/or your legal guardian.
1.1.6. “personal information” means information relating to you or an existing legal entity connected to you, including but not limited to –
• any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person or legal entity;
• correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.
2. Conditions of Access
2.1. Your access to and use of the Site is subject always to the community guidelines and terms and conditions set out in this user agreement.
2.2. To avoid any confusion, you agree that these terms and conditions apply to your use of:
2.2.1. the website;
2.2.2. any BVG App;
2.2.3. any third party website or mobile application licensed to us;
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges or sms charges). BVG cannot be held responsible for these charges.
3. Your Acceptance and Consent
3.1. By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
3.2. When you install or download the BVG App, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA is part of this user agreement and will apply to your use of the BVG App.
3.3. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
4. Changes to this User Agreement
4.1. We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarise yourself with this user agreement regularly.
4.2. The current version of this user agreement will apply each time that you access and use the Site.
5. Your account
5.1. If you use the Site, you must keep your access details (including your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account, we could delete all access.
5.2. Once you’ve logged onto the Site, certain information, functionality and other features of the Site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the settings in the menu option.
5.3. BVG may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4. You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1. signing in as, or pretending to be, another person;
5.4.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
5.4.3. using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
5.4.4. gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
5.6 BVG may determine certain requirements that you will need to meet when choosing a password. These requirements may be changed from time to time and you may be required to update your credentials.
6. Full disclosure of all relevant facts and benefit entitlement
6.1. BVG might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
6.2. You guarantee that all information provided by you at any time to BVG on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.
6.3. You guarantee that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.
7. Electronic communication and records
7.1. When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
7.2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by BVG. This includes, but is not limited to mobile push notifications.
7.3. If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from BVG, you may change the way you receive your communication on the website, or you can phone our contact centre.
7.4. BVG takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
7.5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
8.1. All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to BVG (unless we expressly state that it does not) and is protected by South African and international law. In addition, the compilation of all content on the Site is the exclusive property of BVG and is protected by South African and international copyright laws.
8.2. Except if permitted under this or another agreement with BVG no portion of the Site may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
8.4. You agree that if you breach the terms of this clause 8, BVG will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. BVG will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the Site should be regarded as granting any licence or right to use any trademark without BVG’s prior written permission and/or that of any third party.
8.6. BVG tries to ensure that the most sophisticated technology protects the information on the Site. However, BVG cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
9.1. The Site and all information, content, tools and materials are provided by BVG on an “as is” and "available” basis, unless we inform you in writing.
9.2. BVG does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.
9.3. BVG does not guarantee that
(i) the Site;
(ii) the information, content, tools or materials included on the Site;
(iii) the BVG servers; or
(iv) that any electronic communications sent by us are free from viruses or other harmful components. BVG will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
9.4. We are fully committed to providing you with the best possible service. However, we are not responsible for:
9.4.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of BVG; or
9.4.2. any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.
9.5. Neither will we be responsible for any direct or indirect loss or damages that may arise from:
9.5.1. any of the events described in this paragraph or the paragraphs above; 9.5.2. your actions or omissions that result in a breach of this user agreement;
9.5.2. any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites;
9.5.3. a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put BVG in disrepute; or
9.5.4. your reliance on any of the information, content, tools or materials that you obtain from the Site.
9.6. It is very important that you acknowledge and understand that the information included on the Site should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your Broker should you require any financial services or financial products.
10.1. While BVG makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Site or whether they are complete, accurate or appropriate.
10.2. You agree to fully indemnify BVG, its directors and employees and will not hold us responsible for any claim relating to your use of the Site.
10.3. You agree to fully indemnify BVG, its directors and employees from any errors or inaccuracies or incomplete information made available by third parties on the Site and agree that we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
10.4. You agree that all information, including products and services or any terms or conditions relating to them, on the Site may change. BVG will notify you of the important changes within a reasonable time.
10.5. You agree that any calculations made on the Site, are estimates and are meant as guidelines only.
10.6. BVG is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.
10.7. All products and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
11. Phishing and spoofing
11.1. If you receive an unsolicited e-mail that appears to be from BVG and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your BVG information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer".
11.2. BVG will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. BVG cannot be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.
12. Linking to third party websites
12.1. The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of BVG and BVG is not responsible for the information, content or material on any linked website, including any link contained in a linked website, or any changes or updates to a linked website.
12.2. BVG is providing these links to you only as a convenience and you agree that the inclusion of links does not imply an endorsement by BVG of the linked website, their business or security practices, or any association with its operators.
12.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
13. Applicable law
13.1. By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
14. General Provisions
14.1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
14.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
14.3. No failure or delay by BVG to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
1.2. BVG respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
1.3. When dealing with your personal information we apply the following:
1.3.1. BVG will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so;
1.3.2. BVG will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give BVG your express written permission to do so, or unless BVG is permitted or required to do so by law.
1.4. By using the Site, registering or applying online for any BVG product or service, or contacting BVG electronically, you provide BVG with your express written permission to share your personal information within the BVG Group of Companies, in the ordinary course of BVG’s business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.
2. What do we mean by Personal Information
2.1. Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number or any information you use to register for the website.
3. How we collect your Personal Information
3.1. Whenever you use the Site, complete an application form, contact BVG electronically, or use one of the products, services, facilities, tools or utilities offered by BVG on the Site, BVG will collect your personal information.
4. Why we collect and use Personal Information
4.1. In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for BVG to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why BVG would collect your personal information:
4.1.1. for BVG to process your instructions or requests;
4.1.2. for BVG to ensure that we meet your needs, BVG may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs;
4.1.3. once BVG has collected and analysed your personal information, BVG may send you promotional material or details which we think may be of interest to you;
4.1.4. to conduct market research;
4.1.5. to conduct academic research. This research is conducted to evaluate and improve BVG’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised. No personal information will be made available to a third party without your written consent. If we publish the results of this research, you will not be identified by name.
4.2. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given BVG your consent you no longer wish BVG to use or share your personal information, you may at any stage withdraw your consent.
5. Protection of your Personal Information
5.1. BVG values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information BVG has concerning BVG clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
5.2. When you use the products, services, facilities, tools or utilities provided by BVG on the Site, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
6. Correction of Personal Information
6.1. If you ever want to update or correct any of your personal information held by BVG, you can e-mail us or you can phone our contact centre. –
7. Personal Information held by or disclosed by you or BVG to a third party
In this agreement the words below shall mean:
The words “you” or “your” refer to a client or a non-client.
This agreement is a binding agreement between you (client or non-client) and us. This agreement sets out terms and conditions governing your use of the services provided for through the BVG app, so it is vital that you read it carefully.
By Agreeing to the terms and conditions of the BVG app, you acknowledge you are a bona fide farmer or a registered commodity derivatives trader.
Do hereby declare:
The use of this BVG app and associated services shall not be available to any persons under the age of 18.
This agreement shall start when:
When you download and register the BVG app on your smartphone or tablet you will immediately be bound to these terms and conditions. Do not register or use the BVG app if you do not agree to be bound to these terms and conditions.
BVG Commodities grants you the right to install and use the BVG app on multiple devices that you control for the sole purpose of accessing the available services.
You are responsible for ensuring that your mobile device is capable of downloading the BVG app. No fee is payable for the downloading of the BVG app.
You are however responsible for paying all charges and costs of the network service provider that you incur when using the service channels, i.e.: data charges.
To ensure that the BVG app operates correctly you must use the recommended hardware and software. The BVG app has been designed to operate with your mobile device or tablet according to the manufacturer’s specifications. Modifying the device or its operating system may result in the BVG app not operating properly or at all.
The app caters for Android version 4 and up, as well as iOS version 7.1.2 and up. Older versions may experience difficulties or have limited app usage available.
You must also check for software updates regularly as these may contain certain important updates for the functioning of the BVG app.
It shall be your responsibility to delete or remove the BVG app from your mobile device if you transfer or sell your mobile device to a third person and we will not be held liable for any loss or damages should you fail to do so.
The right to use the BVG app is revocable, should we deem it necessary and appropriate.
Use of services of the BVG app
Once the BVG app is downloaded and you have registered, you will have access to use the services as provided for through the BVG app.
The following services are available in respect of the BVG app:
All the services above are available to clients. Non-clients will only be allowed to use Hard and Soft commodities prices services.
Where any of the application services request the verifying of personal contact details and the update is not successful, you will not be prevented from accessing and using the services provided.
You are not permitted to use any of our logos, trademarks, slogans or any other device or form of intellectual property belonging to us in general and in particular relating to the services through this BVG app.
You may not copy, reproduce, display, reverse engineer or use any intellectual property in any manner whatsoever without our prior written consent.
Unauthorised or unlawful use of our intellectual property will result in us taking legal action you.
We may monitor and record communications or traffic on the service channel in order to maintain the proper functioning of the BVG app and the services, as well as to detect any unauthorised use, or when the law requires us to do so.
Termination of agreement
We can terminate this agreement at any time or end your right to use the services provided through the BVG app upon providing you with reasonable notice. This will not affect instructions given to us whilst using the services available through the BVG app before the agreement has ended.
We reserve the right to terminate your right to use the services provided through the BVG app should any one or more of the following events occur:
You agree that we can provide information about the products or services offered through the BVG app or this agreement by any means, including but not limited to publishing a notice on our app itself or using electronic means, including SMS or email.
Every clause of this agreement is severable from the others including the clause headings. The clause headings have been inserted for convenience and will therefore not be taken into consideration in its interpretation. If one or more of the clauses are invalid it will not mean the entire agreement is invalid and as such the rest of the clauses contained in the agreement will still be valid and apply.
Personal information for the purposes of this document means all information specific to you, which is provided to us through the use of our app. In other words, information that identifies you. This includes but is not limited to the following personal information that you may provide to us when using the app:
By using any of the services on our app you hereby consent that we may send you promotional material or details which we think may be of interest to you.
Please note that you will not be allowed to use the services unless you consent to us using your information for marketing purposes in the future.
Your privacy is important to us. We will therefore not sell, rent or provide your personal information to unauthorised entities or other third parties, for their independent use, without your consent.
If at any stage, after you have given us your consent, you no longer wish that we use your personal information; you may at any stage withdraw your consent by uninstalling the app from your mobile device and notify us either telephonically or by email of the withdrawal of your consent.
We have the highest regard for the privacy of the personal information obtained through the use of our app, and therefore will only use the personal information obtained subject to the terms and conditions of this agreement and for the purpose for which it was collected and only for the purposes of positively identifying the user when the app is accessed as well as in order to quote you.
We value the information you chose to provide and which we collect from you and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration.
The information we maintain concerning you is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
In this regard however, we cannot guarantee the security of any personal information that you disclose through our app. You therefore accept the inherent risk of providing information when using our app and will not hold us, our directors, employees or agents responsible for any breach of security.
The following are the instances when we will be entitled to disclose the personal information obtained from you:
By using the BVG app you acknowledge and agree to the following disclaimer.
Use of the app and the related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts. The content of the app is not provided for or intended for the use of customers and/or users outside the jurisdiction of South Africa except for our clients in Namibia who have registered to use the app.
Use of this BVG app or the information, products and services available on this BVG app is at the user's own risk. Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we accept no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the use and/or reliance upon the information on this BVG app or any actions or transactions resulting there from even if we have been advised of the possibility of such loss, expense, claim or damages.
The services offered on our app may allow you to view or access or make reference to third party’s products or services. Even though we make reference to third party’s products and services on our app, we do not endorse or recommend the third party’s products and services. You are responsible for deciding whether these third party’s products or services meet your requirements. You are responsible for obtaining the terms and conditions that are applicable to the third party’s products or services.
We also do not endorse, warrant or make any representations about the content, products, services, security or reliability of such other products and services.
Please note we have no control over such third parties products or service. We are therefore not responsible for any loss or damage you suffer, whether directly or indirectly because of a third party’s products or services or the use of such products or services. You hereby agree to indemnify us and hold us harmless for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from or that you may suffer, or cause in this regard.
We are not responsible for any error or delay that may arise as a result of you being unable to access the services due to error on your equipment, software or services provided to you by third parties.
Whilst we will at all times use our best efforts to ensure that our app operates as it was designed by us, we cannot warrant that the services are compatible with, or will operate with your mobile device or any software/hardware that you have on your mobile device.
We make no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of our app or as to the accuracy, completeness or reliability of any information obtained from this app.
We also make no warranty or representation, whether express or implied, that the products, information or files available on this app are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, network or your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, or your hardware or software.
We accept no responsibility for any errors or omissions on our app.
We may, in our sole discretion, at any time, suspend or terminate the operation of our app or any of the products or services provided in terms of this app, without prior notice. We may also at any time discontinue or disable certain parts of the services available through this app for the purposes of maintenance or upgrades or other causes beyond our control. In the event that these service channels are unavailable as stated, we request that you call our contact centre in order to make necessary changes or make queries on your policy.
All rights remain reserved.