Website terms and conditions
Between (i) Tinderbox Farm cc, Registration no. 2005/018205/23 (hereinafter referred to as “THE COMPANY”);
and (ii) the USER.
The services, products, materials and information offered by means of the use of this website and/or the online services feature are provided to you, as the User, subject to your acceptance of the terms and conditions of this agreement. When using, browsing or accessing this website and/or online services, you accept all the terms and conditions of this agreement, including, in particular, the limitations on use, liability and warranty set out hereunder.
This website, the content thereof, the products and the online services are proprietary and all rights therein vest in the Company. The User acknowledges that ownership of all intellectual property rights, indicated on the website, vest in the Company and that it is not authorised to use, amend or exploit any of the intellectual property rights, in any manner whatsoever. The User shall, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this website, and not, other than for his personal and non-commercial use, use information provided via this website on his own computer or other storage device.
Use of services.
The User agrees that it will only use this website, the information contained thereon and the online services in respect of the specific purposes for which it is created.
Limitation of liability.
The use of this website and online services is at the User’s own risk. In no event, including without limitation, negligence, will the Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, members or suppliers be liable to the User or any third party for any damages whatsoever, including, without limitation, special, punitive, incidental, indirect or consequential damages of any kind, or those resulting from loss of use, data or profits, viruses, worms, spam, whether or not the Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the online services, products, materials or information, the statements or actions of any third party on or through the online services, products, materials or information or any dealings with vendors or other third parties, any unauthorized access to or alteration of the User’s transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files or other content, any services available through the online services or website that are delayed or interrupted, or any website referenced or linked to from the online services feature.
Third party sites.
Unlawful use and improper conduct.
The User hereby agrees not to use this website and services for any purpose that is unlawful or improper. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User is resident or conducts business; activities designed to encourage unlawful behavior by others, the invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; and activities designed to impersonate the identity of a third party.
The User hereby agree to indemnify and hold the Company, affiliates, officers, agents, partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) the User’s use of the website and online services; (b) the User’s violation of these terms and conditions or (c) the User’s violation of any law, rule or regulation or the rights of any other person or entity.
Except as expressly provided otherwise in a written agreement between the User and the Company, and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User; this website, online services, and all products, materials and services offered through or in association with such features, are provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Accuracy of information.
The website and online services and other services, products and materials could include mistakes, inaccuracies or typographical errors. The Company may make changes to the website, online services, other services, information, products and materials, including the prices and descriptions of any products, at any time without notice. The information, services, products and materials may be out of date, and the Company gives no undertaking of any manner whatsoever to update such information, services or materials.
The Company reserves the right to change these terms and conditions without notice to the User. The User is responsible for reviewing these terms and conditions each time it uses the website and online services. The User’s continued use of the website and online services constitutes the User’s agreement to the then current terms and conditions.
This agreement constitutes the entire agreement between the parties. In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement. No waiver by the Company in respect of the User’s actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by the Company to exercise any right hereunder or to insist upon strict compliance with or performance of the User’s obligations under this agreement, shall constitute a waiver of the provisions of this agreement and the Company may at any time require strict compliance with the provisions hereof.
Governing law and jurisdiction.
These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.