Term and Condition

Last updated: 2026-03-30

Please read these Terms of use (“Terms” or “Terms of use”) carefully before using the platform (together, or individually, the “Service”) operated by Agrishelves Group .

For purposes of these Terms, “you” and “your” means you as the user of the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

1. Content

Definitions: For purposes of these Terms: (i) “Content” means text, data, prices, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Service.

Content reliance and updates: It is your responsibility to satisfy yourself that the Content and the Service meets your requirements, and unless otherwise expressly stated in these Terms, the Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any service or product. We may, from time to time, update the Service, including the Content. We reserve the right to make changes from time to time in how we offer, provide and operate the Service and Content.

Previous content: In relation to new transactions, we will not be bound by any previously existing representations, terms, conditions or other information subsequently altered on the Service notwithstanding that those representations, terms or conditions may have been applicable to previous transactions or the use of the Service on a prior date. We accept no responsibility for keeping the information and Content on the Website up to date nor do we accept any liability for any failure to do so.

Content accuracy: The Content and information may contain technical inaccuracies, omissions and typographical errors. We will not be liable for any harm which may arise from such inaccuracies, omissions and/or typographical errors in such Content and/or information. We give no warranties, guarantees or representations, whether express or implied, as to the completeness or accuracy of any information that may be contained on the Service or any website to which it is linked.

Rights in User Content granted by you: By making any User Content available through the Service, you hereby grant to Nile a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify, your User Content solely in connection with operating and providing the Service and Content to you and to other users. Subject to the foregoing license, as between Nile and you, you retain any and all of your rights to your User Content.

Your responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Nile on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of user content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 13 (Termination) below.

Monitoring content: Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

2. Accounts and registration

In order to access the Website and/or Service, you will be required to create an online account (“Account“). We may refuse to let you register or use the Service in our sole discretion, and we are not obliged to provide you with any reasons for such refusal. We may do this even if you complete the registration process and agree to these Terms.

You may not use register for the Service if you are younger than 18 years of age. By using the Service, you represent and warrant that you are over the age of 18.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. 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 that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

All information you give us must be truthful, accurate and complete. This includes the information that you provide in the vetting process, the registration process and at any time after that.

3. Fees and fee changes

Agrishelves Group will charge a commission to sellers for its Service in accordance with the agreed terms and will only be modified when mutually agreed.

Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, VAT or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your use of the Service, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

4. Payments

Payments within the Agrishelves platform shall be carried out through the services of Payfast and, as such, third party to the contractual relationship established between the buyer and the seller and / or Payfast. All prices are quoted and payable in South African Rand, and are exclusive of VAT.

You are solely responsible for all transactions and payments made using the Service. You will have no claim against us in respect of any loss or damage you may suffer as a result of these transactions or payments, including transactions conducted using third party vendors.

When completing any transaction via the Service using the payment functionality provided by our partner “PayFast”.

5. Collection of personal information

We collect personal information from you which may include but not be limited to your name, address, mobile number, and banking details. We will handle the collection, processing and storage of your personal information in accordance with our Privacy policy . The Privacy Policy contains important information on how we use your information and relating to your rights and responsibilities. By accepting these Terms you hereby consent to Nile processing and using your personal information in accordance with our Privacy Policy.

6. How to use the Service

As a buyer using the Service you will place an order for via the Service, Agrishelves will process such an order and notify you of acceptance or rejection of your order. As a seller using the service you will list your available supply schedule via the Service, Agrishelves will automatically place orders against this supply schedule, notifying you when an order is confirmed. You commit to honoring the supply schedule as provided by yourself.

7. Restrictions on your use of the service

Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes. You may not, directly or indirectly, do any of the following things or allow anybody else to do so:

post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
perform any action that violates any of these Terms, the Privacy policy , the Electronic Communications and Transactions Act, 25 of 2002 ****or any guidelines or policies posted by us;
duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s access to or use of the Service or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
use the Service for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law or regulation in connection with your access to or use of the Service; or
access or use the Service in any way not expressly permitted by these Terms.

8. Intellectual Property

The Service and its content, features and functionality are and will remain the exclusive property of Agrishelves and its licensors. The Service is protected by copyright, trademark, and other laws of both the the Republic of South Africa 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 Nile.

You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the Service, Website or the Content other than the limited, non- exclusive, non-transferable and revocable license to use the Service for permitted uses, in accordance with these Terms.

You may not use the Service or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including, without limitation, our Intellectual Property Rights), or the rights or Intellectual Property Rights of our licensors or any third party, in relation to the Service and the Content. You may not reproduce, modify, copy, perform, transmit or commercially exploit the Content in any manner.

9. Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Agrishelves, and Agrishelves may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Agrishelves any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

10. Links to other websites or services

Our Service may contain links to third party web sites or services that are not owned or controlled by Agrishelves. Agrishelves has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Agrishelves 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 use of or reliance on any such content, goods or services available on or through any such third party 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 or interact with.

11. Nature of goods transported

You warrant that all goods to be handled and transported are fit to be handled and/or transported and are not dangerous, hazardous or flammable and do not require any particular licence or consent to be transported, whether in terms of the National Road Traffic Act, 93 of 1996 and/or the regulations and standards published or incorporated thereunder, or otherwise. You further warrant that you are the owner of the goods or are lawfully authorised to arrange for the transportation of the goods with us and that you will not under any circumstances request or allow any goods to be handled or transported which are stolen or otherwise not legally in your possession or we are not lawfully entitled to transport or be in possession of.

YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE OR HARM CAUSED TO ANY PERSON, INCLUDING AGRISHELVES, AND ANY OF OUR SUBCONTRACTORS OR AFFILIATES, ARISING FROM THE HANDLING OR TRANSPORTING OF THE GOODS, AND YOU HEREBY INDEMNIFY US AGAINST ANY CLAIMS ARISING IN CONNECTION THEREWITH.

12. Termination

We reserve the right at any time and for any reason to terminate unilaterally our agreement with you, or the operation or availability of the Service, or your right to use the Service or any part thereof. If we do this, we will insofar as is reasonably possible and so long as it is permitted in law, taking into account the circumstances of the termination, fulfil all Services which have already been scheduled and / or are in the process of being attended to but no further orders shall be capable of being submitted and / or attended to following such termination.

Notwithstanding anything to the contrary in these Terms, we shall be entitled to terminate this agreement and your use of the Website and/or the Service immediately and unilaterally, without any right to performance of any Services whatsoever, at any time in one or more of the following circumstances:

where you breach a provision of these Terms, and fail to remedy the breach after we have given you 5 calendar days’ notice (or such shorter period where this is reasonable);
where we have reasonable grounds to believe you are committing or have committed a Prohibited Act;
where we have reasonable grounds to believe you are engaged in illegal or improper use of the Service, Website or the Content;
where we must do so to comply with the law or where a court or regulator tells us to do so;
if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid; or
where we are otherwise of the opinion that doing so would be in the best interests of Nile.

When we end this agreement or your rights to use the Service, your rights to use the Content and Service will end on the date that we stop allowing you to use the Service. Many provisions of these Terms will continue after this agreement ends, including terms which, by their nature, must continue to apply. This is because certain rights and duties must survive even though the agreement between us has come to an end or you have stopped using the Service. Some of the provisions in these Terms which will continue, include (but are not limited to):

terms and conditions where our liabilities or responsibilities, are excluded or limited, including amounts which you can claim from us;
terms and conditions where the rights you have against us, are limited or excluded;
terms and conditions which indemnify us, or you take on responsibility for certain losses or damages that may happen;
any other terms and conditions in the Terms which are expressly stated to survive or continue after the end of this agreement, or after the end of any part of this agreement.

13. Indemnification

You agree to defend, indemnify and hold harmless Agrshelves and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

14. Limitations of Liability

IN NO EVENT SHALL AGRISHELVESLE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

15. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

AGRISHELVES, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT ON THE SERVICE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

16. Cession of claim

In the event of any harm being suffered by you as a result of the conduct of the an affiliate, or licensor associated with Nile and for which a claim may lie against Agrishelves, Agrishelves may, in complete discharge of any liability and in its sole and absolute discretion, elect to cede its rights to proceed against the affiliate, or licensor, to you.

You hereby accept the cession of Agrishelve’s claim in full and final discharge of Agrishelve’s liability arising from any cause contemplated in these Terms. It is, however, understood that where the claim arises solely as a result of Agrishelve’s conduct (insofar asAgrishelves may be held liable therefor in terms of these Terms), and not the conduct of the affiliate or licensor, the aforesaid cession shall not be permitted.

17. Notices and communication

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

Any notices sent to us under these Terms, including legal notices, must be delivered to us by hand or registered post at address, or email address, provided at the bottom of this document under Information and contact details.

Any notices we send to you under these Terms, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about, or to your email address if you indicated that as your preference on registration. However any notices that we may send you in other ways which are received by you, will qualify as adequate notice. This includes, but is not limited to, any SMS, email, direct message, or pop-up notice when you log into the Service.

18. Consumer protection

If and to the extent that these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, only to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

No provision of these Terms (or any contract governed by these Terms):

does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the Consumer Protection Act does not allow such a limitation or exemption;
requires you to assume risk or liability for the kind of liability or loss, to the extent that the Consumer Protection Act does not allow such an assumption of risk or liability; or
limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

19. Governing law and validity

These Terms, and the relationship between us, shall be governed and construed in accordance with the laws of the Republic of South Africa.

If any of these Terms are unlawful, void or unenforceable for any reason, then those Terms may be severed and shall not affect the validity and enforceability of the remaining Terms.

20. Disputes

At Agrishelves, we understand the complexity of product quality in fresh produce. Therefore Agrishelve’s producers are vetted for adherence to the highest quality standards

Timing
1. Buyer needs to dispute the quality of produce the same day that it was delivered.
2. Only if produce is delivered outside business hours (as defined on the Agrishelves.co.za system), will the buyer be allowed to dispute quality the following business day.
3. We provide specific guidance for carrots, potatoes and bananas:
  - Carrots in exceptional circumstances, a buyer can dispute the quality of carrots after 24hours, but only if temperature was measured and communicated to Nile within 24h of receipt. Temperature measurements in excess of 14 degrees celsius would be considered too high.
  - Potatoes: The market prices of potatoes reflect the shelf life of potatoes. Agrishelves.co.za can therefore not facilitate any claims outside the timeline specified in 1.1-1.2.
  - Class 2-3 product are sold voetstoots, meaning buyers will not have any recourse from Nile or the seller in case of quality issues. The buyer accepts that by buying a lower grade product, there is a risk that quality will be compromised and that this risk is reflected in the lower price.
Process
1. Once a dispute is received, Agrishelves.co.za will determine the nature of the dispute and will send an independent quality inspection agency (currently Prokon) to provide an independent review of quality.
2. Should quality be found to breach specification found in official government regulations, the dispute will be grated.
3. Should the dispute be granted, the buyer will have the following options:
  - Accept a lower price, corresponding to the actual grading of the produce.
  - Alternatively, buyers can deliver the produce to the market agency closest to them, for the benefit of the seller.
4. Individual units (not pallets) have to be set aside for Agrishelves/seller to collect at the official premises of the company. Products that are not collected can be disposed of after 3 days of receipt.
Format
1. Buyers will dispute transactions by providing the following information:
  - SKU and quantity of affected products (number of units, not pallets)
  - Describe defect
  - Provide images of every SKU effected
2. Communication should ideally be sent by email to complains@agrishelvesgroup.co.za, but can also be sent by mobile communication most convenient to the buyer.

21. Transfer of rights

These Terms, and any rights granted hereunder, may not be transferred or assigned by you. We may, at any time, transfer or assign any or all of our rights and obligations under any agreement with you. We will notify you if we assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or subcontractors which we may appoint.

22. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

23. Changes

These Terms, including our Privacy policy may be updated or amended by us at any time in our sole discretion. Changes to these Terms or the Privacy Policy shall be effective from the date on which they are uploaded onto the Service website. If you do not agree to the new terms, you are no longer authorized to use the Service.

24. Entire agreement

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service (except in the case of enterprises that have entered into a separate written agreement with Nile).

Information and contact details

Contact us

You may contact us regarding the Service or these Terms at: sales@agrishelvesgroup.co.za

Information

Agrishelves Group (Pty) Ltd, registration number 2019/315292/07, is a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa with its registered address at:

Agrishelves Group (Pty) 2nd Floor Synmanvennot Building 21 De Jager Street,Ermelo 2350

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