Use of this Website is entirely at your own risk. This website (www.westfaliafruit.com) is made available to you by the Company conditional upon your acceptance, without modification, of these Terms of Use as amended from time to time. The terms and conditions set out below apply to every person who uses, accesses, refers to or views this Website (“you” or “your”). Your access to and use of this website constitutes your agreement to and acceptance of these Terms of Use.
You hereby warrant to the Company that you have the required legal capacity to enter into and be bound by a contract. Minors must be assisted by their legal guardians when reading these terms and conditions. If you are unsure whether you have the legal capacity to enter into contracts, please ask someone to assist you with this information before continuing to use this website. If you do not agree with any provision contained in these Terms of Use, please stop using or accessing this website immediately.licitly indicate which privacy policy applies to you.
Definitions
The following terms shall have the corresponding meanings assigned to them:
“Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by the Company on or in connection with this website;
“Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by THE COMPANY in connection with this website, as well as, all available information regarding marketing and promotion of the products and services described in this website, as well as all and any modifications or improvements to any of them;
“Terms of Use” means these terms of use;
“Trade Marks” means those trademarks owned by the Company and any other trademarks, designs, logos, style names and slogans which the Company owns or has the right to use or any derivative service offerings of, and applications for, any of same.
“Website Material” means the contents of this website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this.
Website Material – Scope of Permitted Use
Subject to the provisions of these Terms of Use, you may only download, view and print the Website Material restrictively for your own personal use and only for non-commercial purposes. This permission does not extend to the source code of this website or to the source code of any software or computer program that forms part of the Website Material.
You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Website Material.
You may not use this Website or the Website Material for any illegal or unlawful purposes or as prohibited by these Terms of Use.
You may not link to any page on this website or frame this website or any of the pages on this website in any way whatsoever without the prior written permission of the Company.
This website is copyright of the Company. All rights reserved. You must get the Company’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise. The Company’s entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material may be expressly permitted by the Company (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original are retained and displayed without alteration or modification and not in any manner obscured or removed.
You may not print any part of the Website or the Website Material, except where the Company expressly states that you may do so. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so. You may not transfer any rights or obligations in terms of these Terms of Use to any other person or entity. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of this website.
Intellectual Property
The Intellectual Property is owned by the Company or used under license or with permission. Trade Marks displayed on this website are either trademarks owned by the Company or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without the Company’s prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any Intellectual Property.
Where any of the Website Material have been licensed to the Company or belong to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such terms and conditions.
Website Behaviour
You may not use this website to obtain or distribute:
- copyrighted material or material protected by laws relating to intellectual property rights without the permission of THE COMPANY;
- material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
- material which is defamatory, unlawful or contains hate speech; or
- bulk e-mail, whether solicited or unsolicited.
You must not interfere with or jeopardise the functionality or the operation of any part of this website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website or of the Website Material.
You are strictly prohibited from using this website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”. You may not intercept any information transmitted to or from the Company or this website which is not intended by the Company to be received by you. You must respect other users of this website at all times. Any reference in these Terms of Use to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
Security and Passwords
You may choose or be allocated a password in order to enable you to gain access to certain parts of this Website or the Website Material (“your Password”). The Company may, in its sole discretion, at any time and for any reason revoke your Password and consequently your access to certain parts of this Website or the Website Material.
You must keep your Password secret and confidential. You must immediately notify the Company in writing if the secrecy or confidentiality of your Password is compromised or if your Password is disclosed to any unauthorised person.
You must only use your Password in order to use this Website for the permitted use.
The Company may, in its sole discretion, at any time and for any reason change your Password or require you to change your password. You will be notified of any changes made or required to your Password on this website.
You will be responsible and wholly liable for any use or misuse of your Password. Any actions or omissions committed through the use of your Password will be considered to have been committed by you. You specifically indemnify the Company for any claim, liability, damage or loss arising as a result of the use or misuse of your Password.
Disputes
In the event that any claim, matter or dispute arises between you and the Company arising out of or in connection with your use of this website, the Website Material or these Terms of Use on any matter whatsoever, then the claim, matter or dispute may be finally resolved in accordance with the Commercial Rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation. The arbitration shall be held at Johannesburg in the English language and shall be held immediately with a view to be completed within 21 (twenty one) days after it is demanded. You agree that the decision of the arbitrator in the arbitration proceedings shall be final and binding on you and may be made an order of court.
The Company reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms of Use. You agree that the Company is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms of Use or your use of the website or of the Website Material, in any Magistrates’ Court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
Governing Law
This Website is hosted, controlled and operated from the Republic of South Africa. The parties agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with these Terms of Use, the parties submit themselves to the exclusive jurisdiction of the High Court of the Republic of South Africa.
Legal Service of Documents and Notices
The Company chooses the below addresses for service for all purposes under these Terms of Use, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Postal Address:
P.O Box 52288
Saxonwold
2132
Republic of South Africa
Physical Address:
9 Eton Road
Parktown
Johannesburg
2193
Republic of South Africa
Current fax no: 011 726 8600
All notices to the Company must be marked for the attention of the Managing Director of the Company. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the Company’s above postal address or delivered by hand to the Company’s above physical address or sent to the Company’s above fax number.
Notices given to the above addresses will only be deemed to have been duly given:
- 14 days after posting, if posted by registered post to the Company’s postal address;
- 3 days after delivery, if delivered by hand to the Company’s physical address;
- 3 days after confirmed successful transmission, if sent to the Company’s fax number.
Severability
Any provision in these Terms of Use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Terms of Use, without invalidating the remaining provisions of these Terms of Use.
Termination
If you breach any of these Terms of Use, the Company may immediately, automatically and without notice to you, terminate your use of and access to the Company’s website, and/or prohibit your future access to use of the Company’s website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of the Company’s rights in this regard are expressly reserved.
Costs
Any costs, including legal costs on the attorney and own client scale and value-added tax, incurred by the Company arising out of your use of this Website or the Website Material, or a breach of these Terms of Use, will be borne by you.
Whole Agreement
These Terms of Use constitute the whole agreement between you and the Company relating to your access to use of this Website.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms of Use which the Company may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms of Use nor shall it constitute a waiver by the Company of any of the Company’s rights and the Company shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.