Terms of Service

Draft for Legal Review – Not Final Legally Binding Document
Prepared: 4 August 2026
Version: 1.1 (Draft – Revised)

1. Introduction and Acceptance

Welcome to The Farmers ("we," "our," "us," or the "Platform"), operated by The Farmers (Pty) Ltd, a company registered in South Africa with registration number [Insert Reg. No.] and having its registered address at [Insert Physical Address] .

These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and all associated services, including but not limited to our agricultural marketplace, AI-powered tools, community forums, job board, educational content, digital products, advertising services, affiliate programme, creator monetisation tools, and integrated wallet and payment facilities (collectively, the "Services").

By registering for an account, accessing our Platform, or using any of our Services, you acknowledge and agree that:

• You have read, understood, and accept these Terms.

• You consent to our Privacy Policy, Cookie Policy, and all other policies referenced herein.

• You are entering into a legally binding agreement with us.

If you do not agree to these Terms, you must not use our Platform or Services.

These Terms were last updated on 4 August 2026. We may revise them from time to time, and the current version will always be available at [Insert URL] . Continued use after changes constitutes acceptance of the revised Terms.

2. Definitions

In these Terms, unless the context indicates otherwise:

3. Eligibility and Account Registration

3.1 Minimum Age

You must be at least 13 years of age to register an Account or use our Services. If you are between 13 and 17 years of age, you represent and warrant that:

• You have obtained the consent of your parent or legal guardian to use the Platform.

• Your parent or legal guardian has read and agrees to be bound by these Terms on your behalf.

• Your parent or legal guardian accepts full responsibility for your use of the Platform.

We reserve the right to request proof of parental or guardian consent at any time.

3.2 Business Entities

If you are registering on behalf of a business, cooperative, or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

3.3 Account Registration Process

To access certain features, you must create an Account. You agree to:

• Provide accurate, complete, and current information during registration.

• Maintain and promptly update your information to keep it accurate.

• Keep your login credentials confidential and secure.

• Notify us immediately of any unauthorised access or security breach.

• Take full responsibility for all activities conducted through your Account.

3.4 Verification and KYC

We reserve the right to verify your identity, business registration, banking details, or other credentials at any time, particularly before enabling Wallet withdrawals, affiliate payouts, or creator earnings. This may include requesting copies of identification documents, proof of address, or business registration certificates. Failure to provide satisfactory verification may result in suspension or termination of your Account.

4. User Responsibilities and Conduct

4.1 General Obligations

You agree to use our Platform and Services only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable South African laws, regulations, or industry codes (including but not limited to the Electronic Communications and Transactions Act, the Consumer Protection Act, and POPIA).

• Infringe the intellectual property, privacy, or other rights of any third party.

• Upload or transmit malware, viruses, or harmful code.

• Attempt to gain unauthorised access to our systems or other users' accounts.

• Engage in fraud, misrepresentation, or deceptive practices.

• Interfere with the normal operation of the Platform.

• Use our Services for any unlawful, harmful, or abusive purpose.

4.2 Community Standards

When using community features (forums, discussion boards, messaging), you agree to:

• Engage respectfully and constructively.

• Not post defamatory, abusive, harassing, or misleading content.

• Not use community features for unsolicited commercial solicitation outside of designated areas.

• Not impersonate any person or entity.

4.3 Prohibited Listings

The following items are strictly prohibited from being listed or sold on our Marketplace:

• Illegal substances, drugs, or paraphernalia.

• Firearms, weapons, or explosives.

• Endangered species or protected wildlife products.

• Stolen goods or items with unclear title.

• Any product or service that violates South African law or these Terms.

• Counterfeit or infringing goods.

5. Marketplace Terms

5.1 Nature of the Marketplace

We provide a platform for buyers and sellers to connect. We are not a party to the underlying transaction between buyer and seller unless explicitly stated. We do not take ownership of goods, nor do we act as a traditional auctioneer or broker.

5.2 Seller Obligations

Sellers must:

• Provide accurate, honest, and complete descriptions of their Listings, including quantity, quality, origin, price, and any applicable certifications.

• Ensure that all products and services offered comply with South African standards and regulations.

• Honour the terms of sale as stated in their Listing.

• Clearly communicate shipping, delivery, and return policies.

• Fulfill orders promptly and in good faith.

5.3 Buyer Obligations

Buyers must:

• Pay the agreed price in full using approved payment methods.

• Provide accurate delivery or collection details.

• Inspect goods promptly upon receipt and report any issues within any applicable return window.

5.4 Pricing and Currency

All prices are listed in South African Rand (ZAR) unless otherwise stated. Prices exclude VAT and other taxes unless explicitly included. Sellers determine their own prices; we do not set or guarantee prices.

5.5 Platform Suspension Rights

We reserve the right to suspend, remove, or restrict any Listing that we reasonably believe:

• Is fraudulent, unsafe, or counterfeit.

• Violates these Terms or applicable law.

• May harm the reputation or trustworthiness of the Platform.

• Is inconsistent with our community standards or platform values.

We will provide notice of such suspension where reasonably practicable.

5.6 No Inspection or Warranty

We do not inspect, test, or verify the quality, safety, or legality of physical goods listed on the Marketplace. All transactions are conducted on an "as is" and "with all faults" basis to the maximum extent permitted by law.

Important: Nothing in this Clause 5.6 limits or excludes your rights as a Consumer under the Consumer Protection Act, 2008. Where a Seller is a "supplier" and you are a "Consumer" as defined in the CPA, you retain all statutory rights, including the right to safe, good-quality goods and the right to return defective products within the applicable timeframes.

5.7 Digital Products

Sellers of Digital Products must ensure they have the necessary rights to distribute the digital content. Upon purchase, Users receive a non-exclusive, non-transferable license to use the Digital Product for personal or business purposes as specified by the Seller. Sellers must provide clear download or access instructions.

6. AI Services and AI-Generated Content

6.1 Nature of AI Services

Our AI tools are provided as an assistance feature to help users generate content, create documents, answer queries, and improve productivity. They are experimental and generative in nature.

6.2 User Acknowledgement

By using our AI Services, you acknowledge that:

• AI-generated content may contain errors, inaccuracies, biases, or hallucinations.

• You are solely responsible for reviewing, verifying, and editing AI-generated output before publishing, using, or relying upon it.

• AI Services are not a substitute for professional agricultural, agronomic, legal, financial, or veterinary advice.

• We do not guarantee the accuracy, completeness, or reliability of any AI-generated content.

6.3 Acceptable Use of AI

You must not use our AI Services to:

• Generate content that is unlawful, defamatory, harassing, or harmful.

• Create deceptive or misleading content (e.g., deepfakes, impersonation).

• Bypass content filters or attempt to manipulate the AI to produce prohibited content.

• Reverse-engineer or extract the underlying AI models.

6.4 Data Privacy and AI Training

We may use inputs and outputs from AI Services to improve our models, provided that such use is consistent with our Privacy Policy and applicable law. We take reasonable steps to de-identify personal information before doing so.

[Drafting Note: Your attorney should confirm that this reflects your actual AI provider's data practices. If you use a third-party AI API (e.g., OpenAI, Google, Anthropic), also reference their data-handling terms.]

7. Payments, Wallets, Credits, and Refunds

7.1 Digital Wallet

We provide an integrated digital wallet ("Wallet") for storing funds, transacting on the Platform, and withdrawing money. You agree to:

• Maintain sufficient funds in your Wallet for any transactions you initiate.

• Use the Wallet only for legitimate transactions on our Platform.

• Accept responsibility for all transactions initiated from your Wallet.

• Not use the Wallet for money laundering, terrorist financing, or any other unlawful activity.

7.2 Payment Providers

Payment processing is handled by our third-party payment providers [Insert Payment Provider Names, e.g., PayFast, Yoco, Ozow] . Transactions are subject to the terms and conditions of these providers. We are not liable for delays, errors, or failures caused by these third-party services.

7.3 Purchasing Credits

Credits are used to access premium features, including AI Services. Credits:

• Are purchased through our Platform using the available payment gateways.

• Are non-refundable and non-transferable unless otherwise required by law.

• Have no cash value outside the Platform.

• May expire if not used within [X months/years] from the date of purchase. We will notify you before expiry where reasonably practicable.

7.4 Deposits and Withdrawals

• Deposits: Funds added to your Wallet are processed through third-party payment gateways. We are not liable for gateway errors or delays beyond our reasonable control.

• Withdrawals: You may withdraw funds from your Wallet, subject to a minimum withdrawal amount of [Insert Amount, e.g., R100] . Withdrawals are subject to verification (see Clause 3.4) and may take [X business days] to process. We reserve the right to charge a withdrawal fee [Insert Fee or "which will be disclosed prior to confirmation"] .

7.5 Transaction Fees

We may charge fees for certain transactions or services, including but not limited to:

• Listing fees.

• Success fees (a percentage of the sale price).

• AI Service usage (deducted in Credits).

• Advertising fees.

• Withdrawal fees.

All fees will be clearly disclosed before you commit to a transaction. We reserve the right to modify fees upon [X days] notice.

7.6 Termination and Account Balance

Upon termination of your Account:

• Purchased Credits: Unused purchased Credits are non-refundable and will be forfeited unless otherwise required by applicable law.

• Promotional Credits: Any promotional Credits awarded by us will be forfeited.

• Wallet Balance: Actual funds in your Wallet that have been deposited by you remain your property. You may withdraw these funds, subject to verification and any applicable withdrawal fees, within [X days] of termination. After this period, we may process the funds in accordance with unclaimed property laws or donate them to a registered agricultural charity.

[Drafting Note: Your attorney should confirm that forfeiture of purchased Credits and the treatment of unclaimed Wallet funds is legally permissible under South African law, particularly the CPA.]

7.7 Refund Policy

• Marketplace Transactions: Refunds for physical or digital goods are governed by the Seller's stated return policy. We are not obligated to process refunds on behalf of Sellers. If a Seller fails to fulfill an order, we may, at our sole discretion, assist in dispute resolution.

• AI Credits: Credits used for AI Services are non-refundable once consumed.

• Consumer Protection: Nothing in these Terms limits your rights under the Consumer Protection Act, 2008. Where a Seller is a "supplier" and you are a "Consumer" as defined in the CPA, you retain your statutory rights, including the right to cancel advance reservations, bookings, or orders within the cooling-off period where applicable.

8. Advertising Services

8.1 Purchase of Advertising

Advertisers may purchase promotional placements, sponsored listings, banners, or other advertising inventory on the Platform. Terms for each campaign (duration, placement, targeting, and cost) shall be agreed in writing or through our self-service ad platform.

8.2 Ad Content Standards

All advertisements must be:

• Truthful, not misleading, and compliant with the South African Code of Advertising Practice.

• Compliant with all applicable laws and regulations.

• Free of offensive, discriminatory, or harmful content.

8.3 Platform Rights Over Advertising

We reserve the right to:

• Reject, pause, or remove any advertisement that violates our policies or applicable law.

• Adjust placement or delivery of ads to maintain platform quality and user experience.

• Refund or credit any prepaid amounts for ads that are removed or not delivered, at our discretion.

8.4 Performance and Delivery

We do not guarantee specific outcomes (e.g., clicks, conversions, or sales) from advertising campaigns unless explicitly stated in a signed insertion order. Our metrics are final and binding.

8.5 Payment for Ads

Advertising fees must be paid in advance unless we have agreed otherwise in writing. Unpaid ads may be removed without notice.

9. Affiliate Programme

9.1 Participation

Affiliates may promote the Platform through unique referral links. To participate, you must apply and be approved, and you agree to comply with our separate Affiliate Programme Terms [insert link] .

9.2 Commissions

Commissions are earned on qualifying actions (e.g., new user sign-ups, first transactions) as defined in the Affiliate Programme Terms. Commissions are tracked using cookies or referral codes.

9.3 Payment

Commissions are paid via Wallet or bank transfer, subject to a minimum payout threshold [Insert Amount] and verification requirements. We reserve the right to withhold or reverse commissions that are fraudulent, abusive, or in breach of the Affiliate Terms.

9.4 Prohibited Affiliate Practices

Affiliates must not:

• Self-refer (create accounts for themselves through their own links).

• Use spam or unsolicited communications to promote their links.

• Engage in misleading or deceptive marketing.

10. Creator Monetisation

10.1 Eligibility

Creators who publish original Content (e.g., articles, videos, guides, courses) on the Platform may be eligible to earn revenue through monetisation features, such as:

• Subscriptions or fan support.

• Pay-per-view content.

• Donations/tips.

• Revenue sharing from ads displayed on their content.

10.2 Creator Earnings

Earnings are tracked through our platform analytics and are paid out via Wallet, subject to:

• A minimum payout threshold [Insert Amount] .

• Verification of identity and banking details.

• A revenue share arrangement, where we retain [Insert Percentage, e.g., 20%] of gross earnings to cover platform costs.

10.3 Content Standards for Creators

Creators must ensure their monetised Content:

• Is original and does not infringe third-party rights.

• Complies with our Community Guidelines.

• Is of sufficient quality and value to justify monetisation.

• Is not misleading, dangerous, or harmful to the agricultural community.

We reserve the right to demonetise, restrict, or remove Content that breaches these standards.

11. Intellectual Property

11.1 Our Intellectual Property

All content, software, design, logos, trademarks, and intellectual property on our Platform are owned by The Farmers or our licensors. You may not copy, reproduce, distribute, reverse-engineer, or create derivative works without our express written permission.

11.2 Your Content

You retain ownership of the Content you upload to our Platform. By posting Content, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, store, display, reproduce, and distribute your Content for the purpose of operating, improving, and promoting our Platform.

[Drafting Note: Your attorney should review the scope of this license to ensure it is limited to what is reasonably necessary for platform operations. The current wording is deliberately broad to cover all foreseeable uses but should be stress-tested.]

This license ends when you delete your Content or Account, except where we are required to retain copies for legal or regulatory purposes (e.g., tax records, dispute archives).

11.3 User-Generated Content Disclaimer

We do not endorse or verify the accuracy of user-generated Content. We reserve the right, but have no obligation, to remove any Content that violates these Terms or is otherwise objectionable.

11.4 Copyright Infringement (Takedown Policy)

We respect intellectual property rights. If you believe your work has been copied and posted on our Platform in a way that constitutes copyright infringement, please contact our designated agent with:

• Your contact details.

• A description of the copyrighted work.

• The URL of the infringing material.

• A statement of good faith belief that the use is unauthorised.

• Your signature.

Designated Agent: [Insert Name/Email]

We will respond to valid takedown notices promptly and may terminate the accounts of repeat infringers.

12. Privacy and Data Protection

Your privacy is paramount. Our Privacy Policy, available at [Insert URL] , describes how we collect, use, store, and protect your personal information. By using our Platform, you consent to our data practices as described in the Privacy Policy.

We adhere to the Protection of Personal Information Act (POPIA), 2013 and other applicable South African data protection laws. We are committed to lawful, transparent, and accountable processing of personal information.

12.1 POPIA Compliance Summary

Our Privacy Policy includes, as required by POPIA:

• The lawful basis for processing your personal information.

• The categories of personal information collected and processed.

• The purposes for which we process your information.

• Retention periods or criteria for determining retention.

• Your data subject rights (access, correction, deletion, objection, etc.).

• A complaints mechanism, including the right to lodge a complaint with the Information Regulator.

• Contact details of our Information Officer.

12.2 Information Officer

Our Information Officer can be contacted at:

Information Officer: [Insert Name]
Email: [Insert Email Address]
Phone: [Insert Phone Number]

13. Disclaimers

13.1 Platform "As Is"

Our Platform and Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

13.2 No Warranty

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• That the Platform will be uninterrupted, secure, or error-free.

• That the results obtained from using the Platform will be accurate or reliable.

• That any errors will be corrected.

• The merchantability, fitness for a particular purpose, or non-infringement of any goods sold on the Marketplace.

13.3 No Professional Advice

Information provided on our Platform—including AI-generated content, educational materials, community discussions, and marketplace listings—is for informational purposes only and does not constitute professional agricultural, agronomic, financial, legal, veterinary, or other advice. You should consult qualified professionals for specific advice.

13.4 User-to-User Interactions

We are not responsible for the conduct, whether online or offline, of any User. We encourage you to exercise caution and common sense when interacting with other Users.

14. Limitation of Liability

14.1 General Limitation

To the maximum extent permitted by South African law, The Farmers, its directors, employees, affiliates, and agents shall not be liable for:

• Any indirect, incidental, special, or consequential damages.

• Loss of profits, revenue, data, goodwill, or business opportunities.

• Damages arising from transactions between Users.

• Damages arising from reliance on AI-generated or user-generated Content.

• Damages arising from third-party services (e.g., payment gateways, hosting providers).

14.2 Cap on Liability

Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Platform shall not exceed the total amount paid by you to us in the six (6) months preceding the claim, or R1,000 (one thousand Rand), whichever is greater.

14.3 Important Exclusion

Nothing in this Clause 14 limits or excludes our liability for:

• Death or personal injury caused by our negligence.

• Fraud or fraudulent misrepresentation.

• Any liability that cannot be limited or excluded under South African law, including liability under the Consumer Protection Act, 2008, where you are a Consumer.

15. Indemnity

You agree to indemnify, defend, and hold harmless The Farmers, its directors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform or Services.

• Your breach of these Terms.

• Your violation of any law or third-party rights.

• Your Content or Listings.

• Any dispute between you and another User.

16. Suspension and Termination

16.1 Termination by You

You may terminate your Account at any time by contacting us at [Insert Email] . Upon termination, we will deactivate your Account. Your Content may remain accessible on the Platform unless you specifically request its removal, which we will process in accordance with our data-retention policies.

16.2 Suspension or Termination by Us

We reserve the right to suspend or terminate your Account, without prior notice, if:

• You breach these Terms.

• We suspect fraudulent, illegal, or harmful activity.

• We are required to do so by law.

• We decide to discontinue the Service or your specific access to it.

16.3 Effect of Termination

Upon termination:

• Your access to the Platform will cease.

• Purchased Credits will be forfeited (unless required otherwise by law).

• Promotional Credits will be forfeited.

• Wallet funds (actual money you have deposited) remain your property and may be withdrawn as per Clause 7.6.

• We may delete or retain your Content in accordance with our data-retention policies.

• You remain liable for any outstanding fees, liabilities, or obligations incurred before termination.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

17.2 Jurisdiction

Subject to Clause 17.3 below, you and we submit to the exclusive jurisdiction of the courts of South Africa for the resolution of any disputes.

17.3 Dispute Resolution Process

We are committed to resolving disputes efficiently and fairly. Accordingly:

• Informal Negotiation: Any dispute shall first be attempted to be resolved through good-faith informal negotiation within thirty (30) days of either party providing written notice.

• Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation in terms of the rules of the Arbitration Foundation of South Africa (AFSA) or another agreed mediation body.

• Arbitration: If mediation fails, the dispute shall be referred to arbitration in accordance with the AFSA Arbitration Rules. The arbitration shall be held in [Insert City, e.g., Johannesburg] , in English.

• Statutory Rights: Nothing in this Clause 17 limits or restricts your rights as a Consumer to approach the National Consumer Commission, the National Consumer Tribunal, or any other competent court or regulator where the law permits you to do so.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and all other referenced policies, constitute the entire agreement between you and The Farmers and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5 Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, power outages, governmental action, or internet service disruptions.

18.6 Notices

Official notices shall be sent to your registered email address or posted on the Platform. You are responsible for keeping your contact information up to date.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

The Farmers (Pty) Ltd
[Insert Physical Address]
Email: [Insert Email Address]
Phone: [Insert Phone Number]
Web: https://thefarmers.co.za

Information Officer (POPIA): [Insert Name]
Information Officer Email: [Insert Email Address]

20. Changes to These Terms

We may revise these Terms from time to time. Material changes will be notified to you by:

• Posting the updated Terms on our Platform with a revised "Last Updated" date.

• Sending an email notification to your registered address.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

Draft Prepared: 4 August 2026
Version: 1.1 (Revised)
The Farmers — Durable digital infrastructure for South African agriculture.