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PEPPADEW INTERNATIONAL (PTY) LIMITED – WEBSITE TERMS AND CONDITIONS

 

  1. Introduction

Peppadew International (Pty) Limited (“the Company”) provides the information contained on this website (the “Website”) and advertises and sells the products to you (“the User”), subject to the terms and conditions set out herein (“the terms”).

 

These terms constitute an agreement between the Company and the User of the Website, and by browsing, accessing and/or using the Website or any of the facilities, products or services made available through the Website, the User agrees to be bound by these terms.  The Company may at any time modify any of the terms and such modification will supersede and replace any previous terms.  Your continued use of the Website after any changes to the terms have been made will be deemed to be your acceptance of those changes to the terms.

 

  1. Disclaimer

Whilst every effort is made to update the information provided on this Website on a regular basis, the Company makes no representations or warranties, whether express or implied about the completeness, accuracy, reliability, suitability or availability of any information, data and/or content on the Website from time to time.  Any reliance the User places on such information is therefore at the User’s own risk.

 

The Company reserves the right at any time to change or discontinue any product, aspect or feature of the Website and any information, data and/or content on the Website without notice.  The Company may modify or discontinue from time to time, whether permanently or temporarily, any or all of its products or services, with or without any notice, and shall not be liable to the User or any other person for any inconvenience or damages incurred as a result of such modification or discontinuance of such products or services.

 

The Company does not guarantee the availability of products or services offered on this Website (“the Offerings”). The Company makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Website and/or the Offerings contained on the Website, and the Offerings are thus used at your own risk.  In particular the Company makes no warrantee that the Offerings will meet your requirements, be uninterrupted, timely, secure or error free.

 

  1. Indemnification

The User indemnifies and holds the Company harmless against all and any loss, liability, actions, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, delict (negligence) or any other action, arising out of or in connection with the failure or delay in the performance of any aspect of the Website, or the use of the information and/or images available on the Website.

 

  1. Use of the Website

The User may only use the Website in order to make use of the Offerings.  The User shall only use the Website and the Offerings for lawful purposes and the User warrants that it shall not use, store on its computer, or print copies of extracts from this Website other than for its own personal and non-commercial use.  The User shall not, other than for the User’s personal and non-commercial use, “mirror” or cache information provided via this Website on the User’s own server, or copy, adapt, modify or re-use the text or graphics from this Website without prior written permission from the Company.

 

The Company does not make any warranty or representation that information displayed on the Website is appropriate for use in any jurisdiction.  By accessing the Website, the User warrants and represents to the Company that the User is legally entitled to access and use the information made available via the Website.

 

  1. Unlawful Use

The User shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, of a sexual nature, racially offensive, profane, pornographic or which violates any applicable law,  and the User hereby indemnifies the Company against any loss, liability, damage or expense of whatever nature which the Company, or any third party, may suffer, that is directly or indirectly caused by or attributable to the User’s use of the Website in order to send or post any message or material as aforesaid.

 

  1. Privacy

The Company’s Privacy Policy is displayed on the Website and should be viewed and accepted in conjunction with these terms and conditions. Particularly:

 

  • While information about the User supplied to the Company upon registration for any of the Offerings or otherwise will be held in confidence, the Company reserves the right to make such information available to any authorities if required to do so by law.
  • The Company will not sell or rent any personally identifiable information about the User to any third party. However, monitoring, collection, recording and use of any information about the User supplied to the Company may occur for business purposes, to the extent permitted by law, for example for quality control and training so as to improve the Website and Offerings as well as to enhance the User’s online experience. Notwithstanding the above, the Company will not disclose information which could be used to personally identify the User otherwise than as set out in the Website’s Privacy Policy.
  • The Company will adhere to the Privacy Policy the which may be accessed.

 

  1. Intellectual Property Rights

Copyright and all other intellectual property rights (registered or unregistered) in any materials, texts, drawings, media and data made available on this Website (collectively the “Materials”) are owned by the Company, or the Company’s licensor and are protected by both local and international intellectual property laws.

 

The User shall not reproduce, modify, copy, distribute, republish, download, display, post or transmit any Website Materials, in any form nor by any means, sell, rent or sub-license, use to create derivative works, or in any way exploit the Materials without the Company’s prior written permission.  The User may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the Materials or content on the Website without the prior written consent of the Company.

 

The Company shall not have any responsibility to verify Users of the Offerings other than the already secured nature provided in the form of log-in details. The Company shall be entitled to full indemnity from any liability or loss to confidential information as a result of unauthorised third party access.

 

  1. Cookies

The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology is useful for gathering information such as browser type and operating system used to access the Website, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help to customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if the User previously provided personally identifiable information, cookies may be tied to such information.  Aggregate cookie and tracking information may be shared with third parties including advertisers, suppliers and investors for the purposes of improving the Website, the Offerings and analysing the Company’s business.

 

  1. Third Party Links

In an attempt to provide increased value to Users, the Website may provide links to other third party Website domains or resources.  The User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence 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 such external sites or resources.  Accordingly, accessing any third party websites from the Website, is entirely at the User’s own risk.  NOTE that these third party websites may have different security and privacy policies and the Company has no control over, and takes no responsibility for, any information submitted to such other websites. The Company encourages you to be aware when you leave the Website and to read the privacy statements of each and every website that collects personally identifiable information.

 

  1. General

General clauses governing these terms

 

  • These terms will be governed by and construed in accordance with the laws of South Africa.
  • These terms are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms.
  • Failure to exercise any particular rights or provision of these terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by the Company in writing.
  • The terms constitute the sole record of the agreement between the User and the Company in relation to the subject matter hereof. Neither the User nor the Company shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and the Company in respect of the subject matter hereof.
  • The Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
  • Should the Company be prevented from fulfilling any of its obligations to the User as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as the Company is so prevented from fulfilling them and the User’s corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then the Company shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the User.