Terms and Conditions

AGREEMENT BETWEEN USER AND Victus Bio (PTY) LTD t/a Earthworm Organic Mediums (EWOM)

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site is comprised of various Web pages operated by Victus Bio (PTY) LTD t/a Earthworm Organic Mediums.

The Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site constitutes your agreement to all such terms, conditions, and notices

MODIFICATION OF THESE TERMS OF USE

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums reserves the right to change the terms, conditions, and notices under which the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site is offered, including but not limited to the charges associated with the use of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site.

LINKS TO THIRD PARTY SITES

The Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site may contain links to other Web Sites (“Linked Sites”).  The Linked Sites are not under the control of Victus Bio (PTY) LTD t/a Earthworm Organic Mediums and Victus Bio (PTY) LTD t/a Earthworm Organic Mediums is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Victus Bio (PTY) LTD t/a Earthworm Organic Mediums is not responsible for webcasting or any other form of transmission received from any Linked Site.  Victus Bio (PTY) LTD t/a Earthworm Organic Mediums is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Victus Bio (PTY) LTD t/a Earthworm Organic Mediums of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site, you warrant to Victus Bio (PTY) LTD t/a Earthworm Organic Mediums that you will not use the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site in any manner which could damage, disable, overburden, or impair the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site or interfere with any other party’s use and enjoyment of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Sites.

USE OF COMMUNICATION SERVICES

The Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

 

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums has no obligation to monitor the Communication Services.  However, Victus Bio (PTY) LTD t/a Earthworm Organic Mediums reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  Victus Bio (PTY) LTD t/a Earthworm Organic Mediums reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Victus Bio (PTY) LTD t/a Earthworm Organic Mediums’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  Victus Bio (PTY) LTD t/a Earthworm Organic Mediums does not control or endorse the content, messages or information found in any Communication Service and, therefore, Victus Bio (PTY) LTD t/a Earthworm Organic Mediums specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Victus Bio (PTY) LTD t/a Earthworm Organic Mediums spokespersons, and their views do not necessarily reflect those of Victus Bio (PTY) LTD t/a Earthworm Organic Mediums.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Victus Bio (PTY) LTD t/a Earthworm Organic Mediums OR POSTED AT ANY Victus Bio (PTY) LTD t/a Earthworm Organic Mediums WEB SITE

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums does not claim ownership of the materials you provide to Victus Bio (PTY) LTD t/a Earthworm Organic Mediums (including feedback and suggestions) or post, upload, input or submit to any Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site or its associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting Victus Bio (PTY) LTD t/a Earthworm Organic Mediums , its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Victus Bio (PTY) LTD t/a Earthworm Organic Mediums is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Victus Bio (PTY) LTD t/a Earthworm Organic Mediums ‘s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site may include inaccuracies or typographical errors.  Changes are periodically added to the information herein.  Victus Bio (PTY) LTD t/a Earthworm Organic Mediums and/or its suppliers may make improvements and/or changes in the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site at any time. advice received via the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.  Victus Bio (PTY) LTD t/a Earthworm Organic Mediums and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Victus Bio (PTY) LTD t/a Earthworm Organic Mediums and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site, with the delay or inability to use the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site, or otherwise arising out of the use of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Victus Bio (PTY) LTD t/a Earthworm Organic Mediums or any of its suppliers has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums web site.

SERVICE CONTACT : info@earthworm.co.za

TERMINATION/ACCESS RESTRICTION

Victus Bio (PTY) LTD t/a Earthworm Organic Mediums reserves the right, in its sole discretion, to terminate your access to the Victus Bio (PTY) LTD t/a Earthworm Organic Mediums Web Site and the related services or any portion thereof at any time, without notice.

1. Scope

These terms apply to purchases of organic material and the like, such as compost, lawndressing, potting soil, topsoil, mulch etc. (“Products”) sold to any person or entity (“You”) through this website (the “Website”) by EWOM or its Affiliates (“EWOM”, “Victus” or “We”).  IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.

2. Order

2.1 EWOM cannot guarantee that Products are in stock.  EWOM reserves the right to reject Your order if it is unable to process or fulfill it without EWOM being liable for any damages.

2.2 Upon such rejection EWOM will refund any prior payment that You have made for that Product.

2.3 You confirm that all information provided by You when placing an order is up-to-date and materially accurate in order for EWOM to fulfill Your order.

2.4 You are responsible for maintaining and updating Your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.

3. Price and Payment

3.1 Prices are specified on the Website, EWOM reserves the right to adjust prices due to increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates, and programming, data or other errors in Our Website.

3.2 EWOM will notify You of any errors in pricing prior to Product delivery which includes any additional delivery charges for delivery locations further than 25km from our yard at 124 Zinnia rd, Kylami, Gauteng. In the event of an increase in the price, You have the right to terminate the agreement.  If You do not rescind the agreement, You accept the new conditions and prices as notified to You by EWOM.

3.3 Payment shall be made prior to delivery and by such methods that are indicated on the Website or by any other method expressly agreed between You and EWOM.

3.4 EWOM will charge credit or debit cards online, after the order is placed and the credit card information is provided to EWOM.

3.5 All payments made on this site are made through our banking partners and you will leave this website and utilise our banking partner’s websites to facilitate the payment.  As such you shall provide and share your highly confidential banking and personal information through a site over which EWOM has no right or control and you accordingly agree that EWOM has no duty or obligation to you nor any liability to you through your use of these different websites.  Payment for any product and/or service secured on or through this website must be made in South African Rand.  The exchange rate on any foreign currency payment or purchase will be calculated by and through our banking partner’s websites.

4. Delivery

4.1 Delivery dates specified on the Website, in any order confirmation or elsewhere are estimates only.  EWOM will not be liable in respect of delay, but will do its best to ensure the delivery on time.

4.2 Delivery will be made to a valid address submitted by You.  You must check the delivery address on the EWOM acceptance provided to You and notify EWOM at once about errors or omissions.  EWOM reserves the right to charge You for any extra costs arising from changes You make to the delivery address after You submit an order.

4.3 If You refuse or fail to take delivery of the Products delivered by EWOM, any risk of loss or damage will pass to You and EWOM will have the right to receive payment in full for the Products and to make delivery by any means appropriate and/or to store Products at Your risk.  You will be liable to pay on demand of EWOM all costs relating to Product storage and any additional costs incurred as a result of Your refusal or failure to take delivery.  EWOM will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products after 30 days have passed since the agreed date of delivery.

4.4 You are not entitled to revoke or cancel in whole or in part this agreement with respect to downloaded Products in case of a defect. The risk of loss or damage passes to You upon delivery of the Products.

5. Liability

5.1 Under no circumstances and under no legal theory, tort, contract, or otherwise, shall EWOM or its affiliates be liable for any indirect, special, incidental, or consequential damages, including loss of profits.  EWOM or its affiliates will be liable solely for damages caused by a breach of a material contractual obligation as a result of EWOM’s wilful intent or gross negligence.

5.2 The aggregate amount of damages that can be claimed pursuant to this agreement shall not exceed the value of the invoice.  This limitation of liability applies to all damage claims irrespective of their nature and will continue in force notwithstanding termination of this agreement.

5.3 You shall indemnify EWOM against any liabilities, claims and costs incurred by or made against EWOM as a direct or indirect result of selling Products or performing services to Your specifications causing an infringement or alleged infringement of any proprietary rights of any third party. This indemnification obligation does not apply to consumers

6. Termination

EWOM can suspend delivery of Products, or terminate this agreement, in case any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress or execution, or if You become insolvent or are reasonably deemed unable to pay Your debts as they fall due, or anything analogous to the foregoing occurs. EWOM can terminate Your order by a written notice sent to You by email or fax.

7. Complaints

7.1 You are responsible upon delivery for verifying that Products delivered by EWOM are in accordance with the agreed specifications with respect to apparent defects, including short deliveries and the volume prior to the driver offloading the product.

7.2 You must notify EWOM of any such defect or short delivery in writing within 2 (two) days of delivery with evidence of the perceived short delivery.

7.3 In case the delivery is made by the manufacturer, owner or distributor of the Product You will address Your complaint to that party, or to EWOM, who will pass Your complaint to that party. That party shall resolve Your complaint in accordance with the applicable complaint policy, which may differ from EWOM’s complaint policy.

8. Refunds and returns process:

8.1 To cancel an order placed in the EWOM system prior to delivery, You must contact EWOM on sales@earthworm.co.za or the telephone number listed on the website.  EWOM’s details can be found either directly on the Website where You purchased the Products.  If You contact EWOM, you must provide a reason for the requested refund, which the Vendor will approve at its discretion.

8.2 If the request is granted, payments are refunded as follows:

• Credit / Debit Cards payments will be refunded within three (3) business days;
• EFT payments will be refunded within seven (7) business days;

8.3 Returns after delivery – EWOM shall, subject to the product being returned in good working order and to its address, at your cost, refund you the amount, as advertised on this website, which you paid for the product. The refund shall be paid to you within 10 days after the product has been returned.  Should you not be satisfied with the product and/or service purchased on or through this website at any time within 2 days of receipt of the product and/or service, whether due to the product and/or service being damaged, defective and/or unsuitable, you may return the product to EWOM which will inspect the product and if confirmed to be defective or damaged (excluding: normal wear and tear, wilful or negligent damage, or damage caused by or through unauthorised repair or alternation), replace the product and/or refund you the price you paid for the product. Should you wish to return a product due to it being unsuitable you shall be charged a reasonable cost for the use of the product to date and for the repackaging of the product.

9. Governing Law

This agreement and any contractual or non-contractual obligations arising out of or in connection to it, shall be governed by and shall be construed in accordance with the laws of The Netherlands. Sections 6:227b, 6:227c, and 7:16 up to and including 7:24 of the Dutch Civil Code are excluded with respect to non-consumer transactions.

10. General terms

10.1 The provisions of these Terms are separable, the lack of validity of any provision will not affect the validity of any other provision. Your order and these Terms contain the whole agreement between You and EWOM relating to the transactions contemplated by this agreement and supersedes all previous agreements between You and EWOM relating to these transactions.

10.2 EWOM reserves the right to change these terms and conditions from time to time, notification of which will be posted on the Website.  Your continued use of the Products after such notice has been posted constitutes Your acceptance of the changes.  Any subsequent orders shall be subject to the revised terms and conditions.

10.3 You are not entitled to transfer or assign Your right and obligations under these terms to a third party, without the written approval of EWOM.