INTRODUCTION:
THESE TERMS AND CONDITIONS OF USE (“THE AGREEMENT”) APPLY TO ALL PERSONS (“YOU”) WISHING TO ACCESS AND MAKE USE OF OUR WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, ESPECIALLY THE PART IN RESPECT OF EXCLUSIONS OF LIABILITY, INDEMNITY AND PRIVACY OF PERSONAL INFORMATION. BY ACCESSING AND/OR USING OUR SITES AND ASSOCIATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS AND CONDITION AGREEMENT IS EFFECTIVE AS OF 16 OCTOBER 2019.
ACCEPTANCE OF TERMS
The following Terms and Conditions is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Afri Kitchens CC, located at Silverton, Pretoria, and our subsidiaries and affiliates, in association with the use of the Afri Kitchens CC website (the “Site”), which includes online Media Platforms where Afri Kitchens CC advertise and offer services.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is AfriKitchens which has the following description:
TIMELESS INNOVATIVE DESIGN
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this agreement.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Afri Kitchens CC. At its discretion, Afri Kitchens CC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Afri Kitchens CC reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Afri Kitchens CC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, you understand, acknowledge and agree that the Services offered shall be provided “AS IS” and as such Afri Kitchens CC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
INDEMNITY
You agree to indemnify Afri Kitchens CC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors against any liability, penalty, claim, loss, cost or damages suffered as a result of or attributable to any wrongful act or omission by you or any person which may include, but is not limited to, any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Afri Kitchens CC Services or your connection with these Services, your violations of the Terms and Conditions and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Afri Kitchens CC’s sites.
MODIFICATIONS
Afri Kitchens CC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that Afri Kitchens CC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Afri Kitchens CC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any
content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Afri Kitchens CC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Afri Kitchens CC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Afri Kitchens CC, or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Afri Kitchens CC Services (e.g. Content or Software), in whole or part.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF AFRI KITCHENS CC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. AFRI KITCHENS CC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) AFRI KITCHENS CC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) AFRI KITCHENS CC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) AFRI KITCHENS CC, SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF AFRI KITCHENS CC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF AFRI KITCHENS CC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM AFRI KITCHENS CC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT AFRI KITCHENS CC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Afri Kitchens CC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this , Agreement that there shall be no third-party beneficiaries to this agreement.
NOTICE
Afri Kitchens CC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms and Conditions by accessing our Services in an unauthorized manner. Your acceptance of this Terms and Conditions constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Afri Kitchens CC trademarks, copyright, trade name, service marks, and other Afri Kitchens CC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Afri Kitchens CC. You herein agree not to display and/or use in any manner the Afri Kitchens CC logo or marks without obtaining Afri Kitchens CC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY
Afri Kitchens CC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Afri Kitchens CC may disable and/or terminate the usages of any user who violates our Terms and Conditions and/or infringes the rights of others.
Afri Kitchens CC’s designs stays the sole property of Afri Kitchens and are not allowed to be copied or outsource to a third party/other company or person for the intention of developing the actual product for which the design was attended for.
Afri Kitchens CC written consent for the abovementioned restriction may be obtained through a written application send to Afri Kitchens CC owner/legal representative or administrator via email at: info@afrikitchens.co.za
GENERAL INFORMATION
ENTIRE AGREEMENT
This Terms and Conditions constitutes the entire agreement between you and Afri Kitchens CC and shall govern the use of our Services, superseding any prior version of this Terms and Conditions between you and us with respect to Afri Kitchens CC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Afri Kitchens CC Services, affiliate Services, products, third-party content or third-party software.
VIOLATIONS
Please report any and all violations of this Terms and Conditions to Afri Kitchens CC as follows:
Mailing Address: info@afrikitchens.co.za
Telephone: 012 804 4329
