1. Introduction and acceptance

1.1 These Terms and Conditions (“Terms”) govern your access to and use of the Grain SA website at grainsa.co.za and www.grainsa.co.za, including all sub-pages, member areas, dashboards, feeds, forms and downloads (together, the “Website”).

1.2 The Website is owned and operated by Grain South Africa (“Grain SA”, “we”, “us” or “our”), a voluntary, farmer-led organisation representing grain and oilseed producers in South Africa.

1.3 By accessing, browsing or using the Website in any way, you (“you” or “User”) agree to be bound by these Terms, our Privacy Policy and our Cookie Policy. If you do not agree, you must stop using the Website immediately.

1.4 Specific services offered through the Website (for example membership, NAMPO Park bookings, event registrations, advertising and tenders) may be subject to additional terms. Where those additional terms conflict with these Terms, the additional terms apply to that service.

1.5 Certain clauses in these Terms are printed in bold. These clauses limit Grain SA’s liability, place risk or obligations on you, or require you to indemnify Grain SA. Please read them carefully, as required by section 49 of the Consumer Protection Act 68 of 2008 (“CPA”).

1.6 If you are under 18, you may only use the Website with the consent and supervision of a parent or legal guardian.

2. Definitions and interpretation

2.1 In these Terms, unless the context indicates otherwise:

• “Content” means all text, data, market information, reports, crop estimates, dashboards, SAFEX feeds, articles, magazines, images, video, audio, podcasts, logos, graphics, software and other material on the Website.
• “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
• “Member” means a producer who is a registered member of Grain SA, including commercial and developing (emerging) producer members, in terms of the Grain SA Constitution.
• “Member Area” means any part of the Website that requires a login, including the Members Login and Membership Portal.
• “POPIA” means the Protection of Personal Information Act 4 of 2013.
• “Services” means any service offered on or through the Website, including membership applications, levy authorisations, newsletter subscriptions, event and NAMPO Park bookings, advertising enquiries, tender submissions and vacancy applications.
• “Third-Party Site” means any website, platform or service not operated by Grain SA, even if linked from the Website, including SA Graan/Grain (sagrainmag.co.za), Grow for Gold, NAMPO ALFA, social media platforms and advertisers’ sites.

2.2 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. “Including” means “including without limitation”.

2.3 If any provision of these Terms is found to be unlawful or unenforceable, it will be severed and the remaining provisions will continue in full force.

3. Use of the Website and member accounts

3.1 You may use the Website only for lawful purposes and in line with these Terms. Grain SA may change, suspend or discontinue any part of the Website at any time without notice.

3.2 Some Content, such as early-morning market information, member reports and certain dashboards, is reserved for Members. Access to the Member Area requires registration and valid login credentials.

3.3 When you register or apply for membership, you must give information that is true, accurate, current and complete, and keep it up to date.

3.4 You are responsible for keeping your username and password confidential and for all activity under your account. You must notify Grain SA immediately at info@grainsa.co.za if you suspect unauthorised use. Grain SA is not liable for loss caused by your failure to protect your login credentials.

3.5 Member credentials are personal to the Member (or the Member’s authorised farm business) and may not be shared, sold or transferred. Member-only Content may not be passed on to non-members.

3.6 Grain SA may suspend or close an account, or refuse access, if you breach these Terms, the Grain SA Constitution or Code of Conduct, or if your membership lapses.

3.7 Participation in Grain SA WhatsApp groups and other community channels is also subject to the WhatsApp Group Code of Conduct & POPIA notice.

4. Membership, levies, bookings and other transactions

Membership and levies

4.1 Membership of Grain SA is governed by the Grain SA Constitution, which prevails over these Terms on any membership matter. Membership benefits, including NAMPO Harvest Day benefits and the SA Graan/Grain magazine, may change from season to season.

4.2 Membership is linked to a voluntary levy contribution, usually authorised through the Levy Authorisation Form and deducted by the grain buyer or silo owner on delivery. By signing that form you authorise the deduction at the rate stated on it for the relevant season. For questions about levy authorisations or cancelling them, contact Grain SA on 08600 47246 or info@grainsa.co.za.

NAMPO Park, events and venues

4.3 Bookings for NAMPO Park accommodation and venues, and registrations for events, exhibitions, webinars, study groups and training (including Phahama Grain Phakama programmes), are subject to the specific booking terms, prices, deposits and cancellation rules communicated at the time of booking.

4.4 Grain SA may change event dates, venues, programmes or speakers, or cancel an event, for reasons beyond its reasonable control, including weather, safety, public health or government directives. Where Grain SA cancels a paid event, its liability is limited to a refund of the amount paid for that event.

Advertising, tenders and vacancies

4.5 Advertising in Grain SA publications (including SA Graan/Grain, Pula Imvula and the Grain Guide) and sponsorship are subject to the applicable rate card and advertising terms. Grain SA may decline any advertisement.

4.6 Tenders are governed by the terms of the relevant tender document. Publishing a tender or vacancy is an invitation, not an offer, and Grain SA is not obliged to accept any submission or application.

Online payments and consumer rights

4.7 Where the Website lets you pay online, payments are processed by a third-party payment provider. Grain SA does not store full card details. Prices are in South African Rand and include VAT where applicable unless stated otherwise.

4.8 Where you conclude an electronic transaction as a consumer, you have the rights set out in Chapter VII of ECTA, including the right to cancel certain transactions within 7 days under section 44, unless an exclusion in section 42 applies (for example, accommodation or event services booked for a specific date or period). Nothing in these Terms limits rights you have under the CPA or ECTA that cannot lawfully be excluded.

5. Market information, research and disclaimers

5.1 The Website publishes market information, SAFEX/JSE price feeds, live dashboards, production reports, crop estimates, input cost analyses, cultivar trial results, agronomic and research content (together, “Information”). This Information is provided for general information purposes only.

5.2 The Information is not financial, investment, trading, hedging, marketing, legal, tax, agronomic or other professional advice, and is not a recommendation to buy, sell or hold any commodity, contract or input. You must obtain independent professional advice before making any decision based on it. Grain SA is not an authorised financial services provider and does not render financial services as defined in the Financial Advisory and Intermediary Services Act 37 of 2002.

5.3 Price feeds and dashboards may be delayed, incomplete or interrupted, and may be sourced from third parties such as the JSE. Grain SA does not guarantee that any price, estimate, forecast or figure is accurate, complete or current, and you must verify prices with your broker, buyer or the JSE before trading.

5.4 Crop estimates, forecasts, outlooks and cultivar trial results reflect conditions and assumptions at a point in time. Actual results on your farm will vary with location, soil, climate, management and other factors.

5.5 Opinions expressed by authors, speakers, interviewees, advertisers or contributors are their own and do not necessarily reflect the views of Grain SA.

5.6 Advertisements and sponsored Content on the Website are the responsibility of the advertiser. Grain SA does not endorse, warrant or accept liability for any product or service advertised.

5.7 The Website and all Content are provided “as is” and “as available”. To the extent permitted by law, Grain SA gives no warranty, express or implied, that the Website will be uninterrupted, error-free, secure or free of viruses or other harmful components.

6. Intellectual property

6.1 All Content is owned by Grain SA or its licensors and is protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993 and other applicable laws. The names and logos “Grain SA”, “Graan SA”, “NAMPO”, “NAMPO Harvest Day”, “SA Graan/Grain”, “Pula Imvula” and “Phahama Grain Phakama” are trade marks of Grain SA.

6.2 You may view, download and print Content for your own personal, non-commercial use or for internal use in your farming business, provided you keep all copyright and source notices intact.

6.3 You may not, without Grain SA’s prior written consent:

• reproduce, republish, sell, license or redistribute Content, including market reports, price data or member-only information;
• scrape, crawl, data-mine or systematically extract Content or feeds, or use them to build a competing database or service;
• use Content to train or develop artificial intelligence or machine-learning models; or
• use Grain SA’s names, logos or trade marks in a way that suggests endorsement or affiliation.

6.4 Media may use Content from the Press Downloads page for news reporting, with attribution to Grain SA. For any other use, contact info@grainsa.co.za.

6.5 Nothing on the Website grants you any licence or right to use Grain SA’s intellectual property except as expressly set out in these Terms.

7. Your conduct, submissions and third-party sites

7.1 You must not:

• use the Website in a way that breaks any law, including ECTA, the Cybercrimes Act 19 of 2020 or POPIA;
• gain or attempt to gain unauthorised access to the Website, the Member Area, servers or databases, or interfere with their operation;
• upload viruses, malware or harmful code, or overload the Website (for example through denial-of-service attacks or excessive automated requests);
• impersonate any person or misrepresent your affiliation with any person or organisation; or
• submit content that is defamatory, false, offensive, discriminatory, infringing or otherwise unlawful.

7.2 When you submit information or material through the Website (including contact forms, applications, photos for competitions or comments), you confirm you have the right to do so. You grant Grain SA a non-exclusive, royalty-free licence to use that material for the purpose for which it was submitted and for Grain SA’s legitimate organisational purposes. Grain SA may remove any submission at its discretion.

7.3 The Website contains links to Third-Party Sites, embedded social media feeds (Facebook, Instagram, X, LinkedIn, YouTube) and advertisers’ sites. These are provided for convenience only. Grain SA has no control over and accepts no responsibility for Third-Party Sites, their content, availability, privacy practices or terms. Your use of them is at your own risk and subject to their terms.

7.4 You may link to the Website’s home page in a fair and lawful way that does not damage Grain SA’s reputation or suggest endorsement. You may not frame the Website or deep-link to member-only Content.

8. Privacy, cookies and electronic communications

8.1 Grain SA processes personal information in line with POPIA and its Privacy Policy, available on request from info@grainsa.co.za. The Privacy Policy explains what personal information we collect (for example through membership applications, levy authorisations, bookings, newsletter sign-ups and contact forms), why we collect it, who we share it with, and how you can exercise your rights.

8.2 You have the right to request access to, correction of or deletion of your personal information, to object to processing, and to lodge a complaint with the Information Regulator (www.inforegulator.org.za). Requests may be sent to Grain SA’s Information Officer at info@grainsa.co.za or 08600 47246.

8.3 The Website uses cookies and similar technologies. Functional cookies are always active. Preference, statistics and marketing cookies are used only with your consent, which you can give, refuse or withdraw at any time through the “Manage consent” banner. For more information about cookies, contact info@grainsa.co.za.

8.4 You will receive direct marketing, such as the Grain SA newsletter, only if you have opted in or are an existing Member receiving information about similar services, as allowed by section 69 of POPIA. You may unsubscribe at any time using the link in each message or by emailing info@grainsa.co.za.

8.5 You agree that Grain SA may communicate with you electronically (by email, SMS, WhatsApp or notices on the Website), and that such communications satisfy any legal requirement that a communication be in writing, as provided for in ECTA.

9. Limitation of liability, indemnity and security

9.1 To the maximum extent permitted by law, Grain SA, its directors, office bearers, employees, agents and contractors will not be liable for any direct, indirect, special, incidental or consequential loss or damage (including loss of profit, crop, income, data or business opportunity) arising from:

• your use of, or inability to use, the Website;
• any reliance on Information, prices, feeds, estimates or other Content;
• any delay, error, omission or interruption in the Website or its Content;
• any Third-Party Site, advertiser or service provider; or
• any virus, malware or unauthorised access to the Website or your data.

9.2 Where Grain SA is found liable despite clause 9.1, its total liability to you will not exceed the amount you paid to Grain SA for the specific Service giving rise to the claim, or R1,000 where nothing was paid.

9.3 Nothing in these Terms excludes or limits liability for gross negligence, fraud, wilful misconduct, or any liability that cannot be excluded under the CPA or other law.

9.4 You indemnify Grain SA against all claims, losses, costs (including legal costs on an attorney-and-client scale) and damages arising from your breach of these Terms, your misuse of the Website, or your infringement of any third party’s rights.

9.5 Grain SA uses reasonable technical and organisational measures to protect the Website and personal information, but no system is completely secure. You are responsible for using up-to-date security software on your own devices.

10. General provisions

10.1 Changes. Grain SA may amend these Terms at any time by publishing the updated version on the Website, with the date of the last update shown at the top. Continued use of the Website after publication means you accept the amended Terms.

10.2 Termination. Grain SA may restrict or terminate your access to the Website at any time if you breach these Terms. Clauses 5, 6, 9 and 10 survive termination.

10.3 Governing law. These Terms are governed by the laws of the Republic of South Africa.

10.4 Disputes. If a dispute arises, please first contact Grain SA at info@grainsa.co.za so the parties can try to resolve it in good faith within 30 days. If it is not resolved, either party may refer it to a competent South African court. You consent to the jurisdiction of the Magistrate’s Court for the district of Pretoria (Tshwane), even if the amount claimed would otherwise exceed that court’s jurisdiction, without limiting Grain SA’s right to approach the High Court. Consumers retain their rights to approach the National Consumer Commission, the Information Regulator or other bodies under the CPA, ECTA and POPIA.

10.5 Domicilium. Grain SA chooses the physical address in clause 10.8 as its address for service of legal notices. Legal notices must be delivered in writing to that address.

10.6 Whole agreement and waiver. These Terms, together with the Privacy Policy, Cookie Policy and any service-specific terms, are the whole agreement about your use of the Website. Any indulgence or delay by Grain SA in enforcing a right is not a waiver of that right.

10.7 Language. These Terms may be published in English and Afrikaans. If there is any conflict, the English version prevails.

10.8 Information required by section 43 of ECTA