ARTICLE 1: GENERAL

On this page, we state our Terms and Conditions under which you may utilize the ORO AGRI website. Please ensure that you read this page carefully. Use of this website is subject to the acceptance of the Terms and Conditions stated herein. If you do not accept the Terms and Conditions, do not use this site. ORO AGRI (the “Company”) reserves the right to revise these Terms and Conditions at any time by updating this posting. As acceptance of the Terms and Conditions establishes a binding contract, you should visit this page periodically to review the Terms and Conditions.

ARTICLE 2: USE OF CONTENT

The Company authorizes you to view and download the materials on this website solely for your personal, non-commercial use. All names, logos, and marks appearing in this site, except as otherwise noted, are trademarks proprietary to or used under license by the Company or its licensed distributors in the geographical territories the Company operates its business or markets its products bearing such trademarks. The use or misuse of these trademarks or any other content on this site, except as provided in these Terms and Conditions or in the website content, is strictly prohibited. You may not sell or modify the content of this website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the Company’s written permission. The use of this content on any other website or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the code in any programming language that the Company creates to generate its pages or content. It is also protected by the Company’s copyright.

ARTICLE 3: PROVISIONS OF USE

3.1
Security users are prohibited from violating or attempting to violate the security of the website, including, without limitation:

3.1.1
accessing data not intended for such user or logging into a server or account which user is not authorized to access;

3.1.2
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

3.1.3
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus in any manner or form to the website, overloading, “flooding”, “mail bombing” or “crashing”;

3.1.4
sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

3.2
other users may not use the website in order to transmit, distribute, store or destroy material

3.2.1
that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation;

3.2.2
in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or

3.2.3
that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

ARTICLE 4: LIABILITY

The material in this web site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or its content. The use of the Website is at your own risk. Changes are periodically made to the Website and may be made at any time. The company does not warrant that the website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of the website results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The website is provided on an ‘as is’ basis without any warranties whatsoever. The company, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchant ability, non-infringement of third parties rights, and the warranty of fitness for a particular purpose. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

ARTICLE 5: DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall the company, its suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

ARTICLE 6: USER SUBMISSIONS

Any communication or other material you transmit to the Company via electronic mail or otherwise is unsolicited by the Company and is deemed non-confidential. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law and the right to remove, at its sole discretion, communications which are abusive, illegal, obscene, pornographic, threatening, or disruptive. By transmitting or posting any communication or material to this Website, you agree that the Company or any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast and posting.

ARTICLE 7: LINKS TO EXTERNAL NON-COMPANY WEBSITES

The ORO AGRI website may contain links to third party websites. The Company disclaims any and all liability for the content of the third-party websites to which it may provide hyperlinks on this website. The Company provides these hyperlinks for information purposes only. Their content is the sole responsibility of the respective provider. The Company is not liable for the completeness or correctness of the content of any of these third-party websites, which may change at any time without the knowledge of the Company, nor does it adopt said content as its own. If you decide to access linked third party websites, you do so at your own risk.

ARTICLE 8: LIMITATION OF LIABILITY

In no event will any one of the ORO AGRI companies be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers.

ARTICLE 9: INDEMNITY

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

ARTICLE 10: MISCELLANEOUS

The Company makes no claims the content is appropriate or may be downloaded in all geographical jurisdictions. Access to this web site may not be legal by certain persons or in certain countries. If you access the web site you do so entirely at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by Laws of England. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

ARTICLE 11: NON-WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the web site.

ARTICLE 12: CORRESPONDENCE ADDRESS

Oro Agri SEZC Limited
Governors Square, 2nd Floor, 23 Lime Tree Bay Avenue, P.O. Box 1569, Grand Cayman, KY1-1110
Cayman Islands • email: legal@oroagri.com

PROMOTION OF ACCESS TO INFORMATION ACT (ACT 2 OF 2000)
(RELEVANT TO SOUTH AFRICA ONLY)

In terms of the Section 32 of the South African Constitution everyone has the right of access to information held by the state and other persons or institutions. The Promotion of Access to Information Act 2 of 2000 (‘PAIA’) provides the framework and procedures for the exercise of the constitutional right to information. The South African Human Rights Commission (‘SAHRC’) plays a key role in the implementation of PAIA. All pertinent information about PAIA, including access to PAIA itself and regulations made under it, is available on the SAHRC’s website.

Oro Agri (SA) (Pty) Ltd (OASA) is fully committed to the implementation of PAIA in a positive and proactive manner in order to ensure that information under its control is available and accessible, and thus to give effect to the letter and spirit of the fundamental right of access to information and of the constitutional principles governing public administration.

PAIA applies to all recorded information under the control of OASA, and, if properly applied, will promote transparency, accountability and effective governance at OASA. It goes without saying that a company such as OASA will have a large and diverse number of records, some of which are publicly available and some of which are not. PAIA contains an elaborate set of provisions regulating the circumstances under which access to university records which are not publicly available must and may be refused.

In terms of PAIA, the Principal is the Information Officer (IO) of OASA. In order to give optimal effect to PAIA, the IO may designate Deputy Information Officers (DIOs) in OASA. This will be done in due course.

Any request for access to records held by OASA must be made on the prescribed form – Form A.

RELEVANT INFORMATION AND FORMS

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