Terms, Conditions and Policy on the use and participation on the Agra Agricultural Academy for Namibia (a3N) websites and e-learn platform
Please read these terms and conditions carefully before using Our Service.
To better understand on the use of our ICT platform and websites, it is compulsory for any user to be informed about Terms and Conditions of use, the legal environment in which it operates, the content of the a3N and Agripedia Policy regarding the use of our platforms, as well as the content of the POPI Act and the PAIA Act, and our policies on adhering to these acts.
The links below will direct You to the applicable acts.
POPI Link: www.gov.za/documents/protection-personal-information-act
PAIA Link: www.gov.za/documents/promotion-access-information-act
The fact that You accepted and continue to use our platforms, meant that You voluntary have agreed to the a3N and Agri-pedia Terms and Conditions, Policies on the POPI Act, as well as the PAIA Act.
2. General Terms and Conditions
2.1 Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2.2.1 For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- A3N means Agra Agricultural Academy for Namibia, a legal extension of business of Agra Limited, under an academic licence agreement to the International Agricultural Academy for Africa (Pty) Ltd.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: The Republic of Namibia.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refer firstly to the International Agricultural Academy for Africa (Pty) ltd, a company duly registered under the South African Companies Act, with registration number 2015/243952/07, whose physical address is: 3 Boerneef Street, Langenhovenpark, Bloemfontein, 9301, South Africa, and secondly to refers to Agra Limited, Sub-division AgraProvision, Agra Hyper @ Lafrenz, 58 Industria Road, Industria, Windhoek, Namibia, affiliated too, by means of either a Licence Agreement.
- Content refers to content such as text, images, graphs, tables, animation, PowerPoints, slides, videos, or any other information that can be posted, uploaded, linked to or otherwise made available by You, or to You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You, and to You, regarding the attributes, performance or features of our Service.
- Service refers to all Websites, Platforms and Applications and printed media under the International Agricultural Academy for Africa (Pty) ltd, and Agra Limited.
- Subscriptions refer to the services or access to the academic and non-academic Service offered on a subscription basis by the Company to You,
- Academic fees refer to the cost of academic services or access to the qualifications offered by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to International Agricultural Academy for Africa, accessible from:
- You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service. Scholars under the age of 18 participating in the AgriSchool programme need the written consent of their parents or guardians.
2.4.1 Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.
2.4.2 Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip/postal code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
2.4.4 Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
2.4.6 User Accounts
When You create an account with Us, you must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
2.5.1 Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that:
(i) the Content is Yours (You own it) or You have the right to use it and grant us the rights and license as provided in these Terms, and
(ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
2.5.2 Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
2.6 Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
2.7 Copyright Policy
2.7.1 Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
2.8 DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
2.9 Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
2.10 Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
2.11 Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If You wish to terminate Your Account, you may simply discontinue using the Service.
2.13 Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service, or by means of any other form of direct payment.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/provinces/countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states/provinces/countries, each party’s liability will be limited to the greatest extent permitted by law.
2.14 “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
2.15 Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
2.16 Disputes Resolution
If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
2.17 Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
2.17.3 Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
2.17.4 Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
3. a3N policy on the Protection of Personal Information
It is legal term and Condition that all users must be informed in the A3N Policy regarding the legal prescriptions of the Protection of Personal Information.
3.1 Protection of Personal Information
3.1.1 Protection of Personal Information (POPI) Act.
Thank You for visiting the website of the Agra Agricultural Academy for Namibia (a3N). The privacy of individuals visiting our website is of the utmost importance to us and a3N have developed this Policy to protect itself against the enforcement of consequences that could relate to the non-protection and disclosure of our student and client information and to ensure that a3N as an academic institution acts in a responsible way when they collect, process, store and share someone else’s personal information.
According to the protection of personal Information Act (POPI Act) Your personal information is regarded as “precious goods” and gives You the rights of protection and the capacity to still have control over Your information.
3.1.2 Types of personal information a3N will collect from You.
As part of the interaction regarding the collection of personal information for application to be approved for studies, and as part of the evaluation system before a student can get access or approval to academic studies, the following information is relevant:
- Identity or passport number
- Date of birth and age
- Phone numbers – including cell phone number
- Email address
- Online or instant messaging identifiers
- Physical address
- Gender, race and ethnic origin
- Photos, video footage – this includes CCTV footage, voice recordings and biometric data
- Marital relationship status and family relations
- Criminal record
- Private correspondence
- Religious or philosophical beliefs – this includes personal and political opinions
- Employment history and salary
- Financial information
- Education information
- Physical and mental health information – this includes medical history and blood type
- Memberships to organisations or unions.
- Academic contributions regarding assignments, assessments, feedback reports, Portfolios, etc.
3.1.3 Collection of Personal Information
If You are only browsing this website or using the search function, we do not capture data that identifies You or reveals any personal information. The only personal information obtained is personal information voluntarily provided to us by Yourself when visiting the website and registering Yourself as a website user.
Please note that You will only be providing personal information when You are required to send a message from the website, fill out a form or questionnaire, or answer questions, in all instances followed by a disclaimer stating that by submission of such information You consent to use of such information by a3N in accordance with the provisions of this Privacy Statement.
If You choose to share personal information with a3N in any other manner, (for example through the student registration process) a3N undertakes to only use such information for responding to an enquiry or other requests for information or for other purposes You have authorised, unless Your consent has been obtained or otherwise required by law.
3.1.4 Collection of Technical Information
Technical information refers to information that does not by itself identify a specific individual. As You navigate through our website, certain technical information may be passively collected by the web server of a3N through making use of ‘cookies’ and/or ‘server logs’.
4.1 Definition of Cookies
4.2 The use of server logs:
A3N may use server logs to collect information concerning Your internet connection and general information about Your visit to this website. This information may be used to analyse trends; to create summary statistics for the purpose of determining technical design specifications; and to identify system performance or problem areas.
5. Policy on the Disclosure of Information
5.1. Promotion of Access to Information (PAIA) Act, 2000.
The purpose of the PAIA Act is to actively promote a society in which all people have effective access to information to enable them to exercise and protect all of their rights more fully.
In understanding the PAIA Act, the following information is relevant:
Section 32 of the Constitution states that:
“Everyone has a right of access to any information held by the state and any information held by another person that is required for the exercise or protection of any rights.”
The Promotion of Access to Information Act, No. 2 of 2000 (PAIA) was enacted to give effect to the constitutional right of access to information. PAIA came into operation on 9 March 2001.
In terms of the Constitution and PAIA, all people in South Africa, including non-nationals, can request information from public and private bodies.
5.1.2 Objectives of the PAIA Act and Policy
- To promote transparency, accountability and effective governance of all public and private bodies.
- To assist members of the public to effectively scrutinize and participate in decision making by public bodies.
- To ensure that the state promotes a human rights culture and social justice.
- To encourage openness.
- To establish voluntary and mandatory mechanisms or procedures which give effect to the right of access to information in a speedy, inexpensive and effortless manner.
5.1.3 Acknowledgement of the individuals’ rights over personal information
18.104.22.168 You have the following rights over Your information.
- How and when You want to share Your information. They need Your consent to share Your information.
- The type of information and to what extent You want to share Your information. Your information needs to be collected for a valid reason.
- The level of transparency and accountability on how Your information will be used, this is limited to the reason for collection, as well as a notification if or when Your information is compromised.
- Access to Your own information along with the right to have Your information removed and/or destroyed if You want to.
- Who will have access to Your information? There will need to be appropriate measures and controls to track access to Your information and prevent unauthorised people, including people from within the same company, from having access to Your information.
- How and where Your information will be stored? There will need to by appropriate measures and controls to keep Your information safe, to protect it from being compromised or stolen.
- The reliability and accuracy of Your information. Your information will need to be captured correctly and the company will be responsible for maintaining its accuracy.
5.1.2 Disclosure of Information
All personal information submitted or provided by You will be treated confidentially, and a3N will not sell, rent, lease or disclose Your personal information to others. A3N shall only disclose Your personal information after obtaining Your consent or if required to do so by law.
To safeguard Your personal data, all electronic storage and transmission of personal information are secured with appropriate security technologies and policies. A3N will furthermore use all reasonable endeavours to ensure the integrity, security, and confidentiality of all personal information submitted and/or obtained from You, subject to the provisor that no data transmission over the internet can be guaranteed to be 100% secure and a3N cannot guarantee or warrant the security of any information You transmit to or from this website, and You do so at Your own risk. A3N will not be held liable under any circumstances if such information is compromised, disseminated or otherwise disclosed through conduct outside the control of a3N, such as hacking, infection by viruses, Trojan Horses or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. Changes to policy
A3N reserves the right to change, amend or update this policy periodically. a3N will update this Privacy Statement continually to ensure that You are aware of developments in this area. We will post those changes here so that You will always know what information we collect online, how we use it, and what choices You have in this regard.
7. Your responsibility and commitment
Please be sure to read this entire Privacy Statement before using or submitting information to this website. Please note that whenever You submit information via this website, you consent to the collection, use, and disclosure of information in accordance with this Privacy Statement. This Privacy Statement pertains to the entire official website of a3N.
Under no circumstances shall the providers of the Service, or affiliates, agents, or contractors thereof, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user’s use of or inability to use the Service or to access the Internet or any part thereof, or user’s reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
You agree to indemnify and hold harmless the providers of the Service, including affiliates, agents, and contractors thereof, from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable legal fees) arising out of or related to Your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by You in connection with Your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this agreement.
Service provided “as is”. This Service provides access to the Internet on an “as is” basis with all risks inherent in such access. The providers of the Service make no warranty that the Service or that any information, software, or other material accessible on the Service is free of viruses, worms, Trojan horses or other harmful components. By connecting, the user acknowledges and accepts the risks associated with public access to the Internet and public use of an unsecured wireless network.
Service provided “as available”. The Service is provided on an “as available” basis without warranties of any kind, either express or implied, that the Service will be uninterrupted or error free, including but not limited to vagaries of weather, disruption of service, acts of God, warranties of title, non-infringement, NOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information given by the providers, affiliates, or contractors of the service or their respective employees shall create such a warranty.
10. Contact us
If you have any questions about these Terms and Conditions, you can contact us:
- By email: firstname.lastname@example.org
- By visiting this page on our website: www.agra.i3a.africa
- By phone number: +264 612 909 208
- By mail: Agra Hyper @ Lafrenz, 58 Industria Road, Industria, Windhoek, Namibia.
Last updated: January 27, 2021
Next update: 31 January 2023