plantcollective.co.za is an online platform which facilitates a community marketplace in which buyers and sellers of plant related product may come together and trade. Plantcollective.co.za believes in creating a safe, inviting platform for buyers and sellers of plant related items. To that end all Users of the Plant Collective platform, agree to abide by the terms and conditions of this Agreement .
This Agreement is a binding agreement between you and PLANT COLLECTIVE. (Hereinafter referred to as “Plant Collective”)
It further sets out the terms and conditions covering your selling and purchasing goods and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions then please do not use the Website or Service.
By using or visiting this Website (together with all services available through the plantcollective.co.za domain name) and by using the Plant Collective Service. You agree, without limitation or qualification, to be bound by, and to comply with:
(a) these Terms and Conditions; and
(c) Plant Collectives fee policy
These Terms and Conditions apply to all users of the Website.
The Plant Collective shall include the services described on the Website provided that Plant Collective reserves the right to change, improve and/or update services from time to time.
Plant Collective may, at its discretion, modify or revise these Terms and Conditions at any time and You agree to be bound by such modifications or revisions.
PART 1: INTERPRETATION AND DEFINITIONS
A. Unless inconsistent with or otherwise indicated by the context:
(a) Clause headings in this agreement are for convenience only
(b) An expression which denotes a person shall include a juristic person and vice versa and the singular shall include the plural and vice versa.
B. Where used in this agreement the following expressions shall bear the meanings assigned to them hereunder.
“Agreement” means these terms and conditions
“Buyer” an active, registered user or “Guest User” of the Plant Collective who locates and purchases product via this market place;
“Buyer payment options” the payment options Plant Collective makes available to a buyer now or in the future to pay for purchases on the site.
“Checkout process” shall mean:
(a) a user clicking on add to cart button after browsing site
(b) A user being redirected to cart page.
(c) user will click on checkout button and proceed with required fields on page
(d) once payment is completed user will be redirected to an ‘order complete page’ and checkout process will be complete.
“Store manager” shall mean the feature of the Plant Collective market place through which you manage account.
“Exempt product” all products sold through the Plant Collective
“Fees” means any charges which Plant Collective charge in terms of Clause 3
“Fee Policy” means the policy as at https://plantcollective.co.za/faq/
“Guest user” means a user who uses the site without registering an account
“Plant Collective Store” means the store created to sell products, and shall be treated as any other seller created store.
“Plant Collective Buyer Reviews” a service that may or may not be running at present, that allows for users to rate sellers products
“Indemnified Party” means Plant Collective, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of Plant Collective
“Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions, plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
“Standard Fee Plan” means the fee plan https://plantcollective.co.za/faq/
“Product” shall mean and include, but not be limited to: apparel, accessories, plants, pots, vouchers, prints, paintings, sculptures, digital media, design and consulting services.
“Prohibited Products” shall mean products you may not offer for sale, or sell. This includes but is not limited to:
(a) firearms, explosives, or weapons;
(b) food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;
(c) any Products that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors;
(d) any controlled substances;
(e) counterfeit or stolen items;
(f) any dangerous Products;
(g) any goods or services that do not exist;
(h) any Products that violate or infringe the rights of other parties;
(i) any Products that you do not have the legal right to sell; or
(j) any Products where sale would cause Plant Collective to violate any law.
“Registration Data” means the information about users requested by Plant Collective registration forms
“Seller” an active, authorized registered user of Plant Collective who has created a store on the platform in order to list, promote, market and sell Product;
“Services” Plant Collective will provide you with the Plant Collective platform, an Internet-based Service (“SAAS”) system that facilitates the trade between sellers and buyers of product
“Third-Party payment provider” means any third party that processes payments on behalf of users, namely PayFast. Additional providers may be provided at a later point.
“Transaction” is when a check out process is completed;
“user” or “users” means any Buyer(s) or Seller(s), or someone using the Site;
“User/My Account” The registering of user information through the Plant Collective Service, in order to either create a store and sell product or in order to purchase product;
“VAT” means any value added tax, or other tax;
“we”, “us”, “our”, “ourselves” and “plant collective” mean plantcollective.co.za
“you” or “your” means you, as a buyer or seller; and
“your information” includes all information you provide to us in using this Site, including:
(a) your registration details, including name and address details;
(b) your credit card details;
(c) the information about any goods and services that you post on this Site;
(d) the information that we learn about you as a result of your use of this Site, including without limitation, through the goods and services you post on this Site if you are a Seller, and the goods and services you purchase if you are a Buyer.
1. Trading on this Site
1.1 In order to create a store and sell product through Plant Collective you will have to create and register a user account. In order to purchase product this platform you may have to create and register a user account. At all times You represent and warrant that:
1.1.1. your Registration Data is accurate, current, and complete; and
1.1.2. You will regularly update your registration data to keep it accurate. If Plant Collective suspects that your Registration Data is false or not accurate, Plant Collective has the right to suspend or terminate Your Account and refuse future use of the Website or Service.
1.1.3. You may not use another’s Account without permission.
1.1.4. You are solely responsible for the activity that occurs on Your Account, and
1.1.5. You must keep password secure.
184.108.40.206. You must notify Plant Collective of any security breach or unauthorised use.
220.127.116.11. You will be liable for any use made of Your Account or password and the losses of Plant Collective or others due to such unauthorized use.
18.104.22.168. Plant Collective will not be liable for Your losses caused by any unauthorized use of Your Account.
1.1.6. All Registration Data becomes the exclusive property of Plant Collective.
1.2. Apart from any exempt products, Plant Collective is not involved in any sale and purchase of any goods and services on this Site,
1.2.1. Plant Collective does not, nor do we represent or hold ourselves out as the manufacturer or sales representative of any products sold.
1.2.2. Plant Collective have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 4.5
1.2.3. Plant Collective cannot guarantee that the descriptions of any goods and services on this Site will be accurate;
1.2.4 Plant Collective has absolutely no control over a Seller or Buyer performing their respective sale and purchase obligations of goods or services on this Site;
1.2.6. cannot control as to whether a Buyer will pay for the goods and services that he/she has ordered on this Site;
1.2.7. cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller
1.2.8. cannot confirm that each Buyer and Seller is who they claim to be;
1.3. Plant Collective will not become involved in any dispute between a Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, subject to provisions of clause 16.4
1.4. Plant Collective does not act as sales agents for Buyers or Sellers.
2. The Plant Collective Service
2.1. The Plant Collective Service allows an active, authorized registered user of Plant Collective to create a store on the market place in order to list, promote, market and sell Product (the “Seller”).
2.1.1. Plant Collective Service enables You (the Seller) to:
(a) upload Content;
(b) add, edit and manage Content;
2.1.2. The Plant Collective allows an user or a “Guest User” of the Plant Collective to purchase product via the platform (the “Buyer”).
2.2. We will provide you with the Plant Collective Platform.
2.2.1. We will provide you with a username and password in order to login as required.
2.2.2. We reserve the right to alter or username and password at any time and will notify you of any changes (by email where possible).
2.3 You agree that Plant Collective may restrict or terminate its services to you at any point in time if it elects to do so and without having to furnish any reasons for doing so.
2.5. Plant Collective facilitates the communication between Users on the platform. We accept no responsibility or liability for the content of User to User communications.
2.6. The Plat Collective Service is “as is” and no refunds will be provided for fees.
2.7. Right to Use the Plant Collective Service.
2.7.1. Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the Plant Collective,
2.7.2. Plant Collective grants you a limited, revocable, non-exclusive, non- transferable, right to use the Plant Collective solely for the purposes described in this Agreement.
2.7.3. All rights not expressly granted to you are reserved by Plant Collective. You shall not:
22.214.171.124. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Plant Collective in any way;
126.96.36.199. modify or make derivative works based on the Plant Collective;
188.8.131.52. reverse engineer, decompile, modify, translate, disassemble or create works based on the Plant Collective Service;
184.108.40.206. rent, lease or otherwise transfer rights to any aspect of the Plant Collective Service; or
220.127.116.11. take any act to remove, obscure, interfere with or modify any aspect of the Plant Collective Service. You further agree that upon termination or expiration of this right, you shall no longer have the right to use the Plant Collective Service.
3.1. You are responsible for all transaction fees and any other fees you have agreed to via the Plant Collective Service.
3.2. Plant Collective charges You a percentage of the sale price when Your Product sells. When you list a Product for Sale, make sure you factor this into your listing price.
3.3. Plant Collective’s Fee Policy is subject to change and can be found at https://plantcollective.co.za/faq/ For clarity it will be dealt with briefly hereunder
3.4. As stated fully in our Fee Policy, upon a seller making a sale, commissions and bank fees shall automatically be deducted and payments to seller will reflect this on their weekly payout.
3.5. Changes to the Fees are effective at the time You accept the Fees or after you are given 14 days notice by Plant Collective.
3.6. Plant Collective may, at our sole discretion, change some or all of our services and Fees at any time. In the event Plant Collective introduces a new service, the Fees for that service are effective at the launch of said service.
3.7. You are responsible for paying all Fees and associated with using the Plant Collective Service.
3.8. Any dispute concerning calculation of Fees charged must be brought to the attention of Plant Collective by e-mail to email@example.com with information regarding your dispute.
3.9. You may close Your Account by notifying Plant Collective.
3.10. We may choose at our own discretion to change our fee structure, billing and credit rules from time to time and such changes will be effective immediately.
3.11 We reserve the right in our sole discretion to alter or remove any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
3.12. Unless otherwise stated, all fees in South African Rands and are inclusive of VAT.
3.13. Users are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of Plant Collective; we further reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
4.1. Subject to this Clause 4 and Clause 3, you may post the goods and services that you wish to offer for sale on the Site.
4.2. In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.2, we may prevent you from or using the Services of this site.
4.4. You agree and warrant to the Buyer of those goods and services and separately to us that:
4.4.1. your information:
18.104.22.168. is accurate and not false, misleading, deceptive or fraudulent;
22.214.171.124. does not breach any Intellectual Property Rights;
126.96.36.199. is made in compliance with all applicable laws, regulations or guidelines;
188.8.131.52. is not forged, threatening or offensive;
184.108.40.206. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
220.127.116.11. offer misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
18.104.22.168. does not contain child pornography, bestiality or any other obscene or offensive material;
4.4.2. you are the legal owner of the goods and services you are offering for sale and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the Buyer;
4.4.3. you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Site;
4.5 In addition to Clause 4.4, you represent and warrant to us and separately to the successful Buyer that:
4.5.1. the goods and services you offer for sale and sell, on this Site:
22.214.171.124 are suitable for sale of which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and
126.96.36.199. correspond with the description that you have posted on this Site; and
188.8.131.52. if sold in bulk, will correspond with any samples; and
184.108.40.206. are not defective
4.5.2. the services you offer for sale on this Site:
220.127.116.11. will be rendered with care and skill; and
18.104.22.168. any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
4.5.3. the goods and/or services you offer for sale, and sell on this Site:
22.214.171.124. will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act that became effective 1 April 2011;
126.96.36.199. are legally able to be offered for sale, and sold on this Site.
4.6. In the information provided about the goods or services for sale, the Seller must set out the terms and conditions for sale of those goods or services, including the following:
4.6.1. payment terms;
4.6.2. terms of delivery;
4.6.3. returns policy
5.1. You agree and warrant to each Seller and to us that:
5.1.1. your information:
188.8.131.52. is accurate and not false, misleading, or fraudulent;
184.108.40.206. does not breach any Intellectual Property Rights of a third party;
220.127.116.11. is made in compliance with all applicable laws, government regulations or guidelines;
18.104.22.168. is not forged, threatening or offensive or otherwise constitutes harassment;
22.214.171.124. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
126.96.36.199. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind;
5.1.2. you have the legal capacity to purchase any goods or service and, will not otherwise be breaching any law in purchasing those goods or services;
5.1.3. you will not make an offer to purchase any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services;
5.1.4. the purchase of any goods and/or services on this Site is done so at your own risk;
5.2. You agree that you will utilise the Buyer Payment options made available to you by Plant Collective, namely;
5.2.1. the use of the third- party payment provider; or
6. Transaction between Seller and Buyer
In addition to this clause and clause 4 and clause 5.
6.1. When you place an order on Plant Collective, you are entering into a direct transaction with an individual Seller.
6.2. Plant Collective encourages the two parties to work through the transaction to completion.
6.3. Once transaction is completed the Buyer must pay the Seller
6.3.1. Payment will be made into Plant Collective accounts, but Plant Collective is holding the funds for the relevant seller.
6.4. All sales are binding.
6.5. The Seller is obligated to ship the order or otherwise complete the Transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as:
6.5.1. the Buyer fails to meet the terms of the Seller’s listing, or
6.5.2. the Seller cannot authenticate the Buyer’s identity.
6.6. You may rate a seller and their products using the review option on Plant Collective.
6.6.1. the Seller agrees that feedback, comments and ratings scores may be provided about them;
6.6.2. You are only permitted to rate a user who is a Seller if you have interacted with that Seller;
6.6.3. You are responsible for the rating being fair, reasonable and in no way malicious.
6.6.4. You may not abuse the review system. Abuse of the system includes using accounts of your friends or your own secondary accounts to lower the rating of another user or raise your own rating. Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the system and is not allowed.
6.6.5. We would like to promote and preserve free speech and therefore will remove feedback only in exceptional circumstances.
6.6.6. Plant Collective will not be held responsible for the rating the seller is given, and for any comment remaining on the site.
6.7. In the case of all disputes between a Seller and Buyer, refer to clause 16.4.
7. The Plant Collective Dashboard.
7.1. By using the Plant Collective market place, you may make numerous options about Your Account and the presentation, management and distribution of your Content via the shop dashboard.
7.2. Users may edit, update or alter their personally identifiable information at any time via the Dashboard.
GENERAL TERMS AND CONDITIONS
8. Plant Collective May Change These Terms and Conditions at any time
8.1. We may change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective immediately.
8.2. By accepting this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 8. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with Clause 8.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
9. Compliance with These Terms and Conditions
9.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
9.2. You agree that we may monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
9.2.1. doing so would or could implicate us in criminal behaviour;
9.2.2. the law compels, requires, or makes it prudent for us to divulge or disclose the information we hold or know or any documents we possess; or
9.2.3. we consider it necessary to make disclosures to preserve or enforce our interests or rights.
9.3. If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct.
9.4. If you:
9.4.1. infringe or are suspected of infringing the Intellectual Property Rights of any other person;
9.4.2. are suspected of having engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
9.4.3. have an overdue payment on your Plant Collective; or
9.4.4. otherwise breach this Agreement; we may, at our discretion:
188.8.131.52. withhold your use of any or all of the Services, and access to your information;
184.108.40.206. delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
220.127.116.11. restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
18.104.22.168. terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
10. Use of Site
10.1. In using this Site, you must not:
10.1.1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
10.1.2. alter, damage, destroy, erase, interfere with or attempt to interfere with our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
10.1.3. interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
10.1.4. offer, sell, export any goods and services if this breaches any law applicable to you; and
10.1.5. engage in any practice or conduct that is unlawful under any laws applicable to you;
10.1.6. copy, modify, or distribute rights or content from our sites, services or tools or Plant Collective’s copyrights and trademarks;
10.1.7. harvest or otherwise collect information about users
10.2. The information and material contained on this Site has been prepared in accordance. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
10.4. Using information about other Plant Collective users –
10.4.1. You agree to use user information only in accordance with applicable laws and regulations and only for:
10.4.1.1. Plant Collective related purposes that are not unsolicited commercial communications;
10.4.1.2. using services offered through Plant Collective; and
10.4.1.3. other purposes a user expressly agrees to.
11. Entering into this Agreement
11.1. You represent and warrant to us:
11.1.1. if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
11.1.2. if you are a juristic entity:
22.214.171.124. entering into this Agreement does not violate your Constitution; and
126.96.36.199. you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
12. Licence of, and Use of, your Information
12.1. You grant Plant Collective the right to use Your trademark, logo and Content in any particular marketing and/or promotional campaign initiated by Plant Collective in all forms of media both physical and digital.
12.2.1. You agree to:
188.8.131.52. permit Plant Collective to use Your Branding in marketing materials and on its website; and
184.108.40.206. permit Plant Collective to identify You as a customer.
12.3. You are not authorized to use the Plant Collective trademark or logo without written consent
12.4. Subject to Clause 12.1. to Clause 12.3., we agree to use your information only in accordance with the Privacy Statement below and further hereby acknowledge and agree as follows:
12.4.1. You shall retain all rights, including all intellectual property rights to all of your content and your branding you provide to Plant Collective, and;
12.4.2. Plant Collective shall retain all right, title, and interest, including all intellectual property rights, in and to any of the Plant Collective Services, Plant Collective branding, website, and any other property, and/ or material belonging to Plant Collective, and nothing in this agreement shall confer any license or right of ownership in such material.
13. Privacy Statement
This privacy statement discloses the privacy practices for the plantcollective.co.za site.
13.1. We have agreed to notify you:
13.1.1. What personally identifiable information of yours or third party personal identification is collected from you via this site;
13.1.2. The organization collecting the information;
13.1.3. How the information is used;
13.1.4. With whom the information may be shared;
13.1.5. What choices are available to you regarding collection, use and distribution of the information;
13.1.6. The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control;
13.1.7. How you can correct any inaccuracies in the information.
14. Disclaimer and Limitation of Liability
14.1. Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
14.1.1. a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
14.1.2. any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;
14.1.3. in relation to purchases or sales on this Site, that were not processed or accepted due to technical difficulties or for any reason whatsoever;
14.1.4. whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
14.1.5. any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
14.1.6. any errors or omissions in any documentation provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
14.1.7. any reliance on, the information and material contained on this Site about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;
14.1.8. any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.
14.1.9. any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.
14.2. To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.
15. Release and Indemnity
15.1. Notwithstanding, and in addition to any other provision in this Agreement, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
15.1.1. your use of the Services;
15.1.2. your offering for sale and the sale of, and/or, your purchase of, any goods and services as a result of using the Services;
15.1.3. the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;
15.1.4. any one or more of the circumstances described in Clause 14.1.
15.1.5. any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or
15.1.6. any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.
16.1. You and Plant Collective must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this Clause 16 before starting any proceeding.
16.2. The procedure for resolving a dispute is as follows:
16.2.1. first, either you or Plant Collective must give notice to the other about the nature of the dispute and you and Plant Collective will seek to negotiate a settlement within 14 working days of receipt of the Notice;
16.2.2. second, to the extent those negotiations fail, you and Plant Collective will seek, within a further 5 days, to reach agreement on the appointment of a mediator for resolving the dispute, and
16.2.3. failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.
16.3. You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
16.4. User disputes:
16.4.1. Plant Collective encourages users to report user-to-user disputes.
16.4.2. Plant Collective, for the benefit of users, may try to help users resolve disputes.
16.4.3. Plant Collective does so in Plant Collective’s sole discretion, and Plant Collective has no obligation to resolve disputes between users or between users and outside parties.
16.4.4. To the extent that Plant Collective attempts to resolve a dispute, Plant Collective will do so in good faith based solely on Plant Collectives’s policies.
16.4.5. Plant Collective will not make judgments regarding legal issues or claims.
17. Entire Agreement
17.2. Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.
18. Remedies Cumulative
All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on our website .It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use our services, you are deemed to have accepted the amendment, variation or update as binding on you.
19. Relationship Of Parties
Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venture of another party.
Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
21. Governing Law
22.1. This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email to the relevant party to this agreement at its respective address as specified on the application for registration on this Site and, in the case of Plant Collective, at the aforementioned address and in the case of mail will be deemed to have been served three (3) business days after posting. In the case of a facsimile it will be deemed to have been served on receipt of a successful transmission notice and in the case of email it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.