Terms and Conditions

 

1. Introduction

1.1 Welcome to the Miz Gooz Berry website at www.mizgoozberry.co.za (“the Website”).
1.2 The purpose of the Website is to provide information and detail of the products offered by Miz Gooz Berry (“we” or “our”) via this Website in the food and confection industry, subject to the terms and conditions set out herein.
1.3 We are designers of confections and foods, creative gift box packaging and related services, English Teas,Picnic boxes and baskets.
1.4 The Website is owned by Miz Gooz Berry and maintained by Silver Apple Studioworks. The Website is hosted by Silver Apple Studioworks and is located within the Republic of South Africa.
1.5 By accessing and using the Website, you, the user, agree to be bound by the terms and conditions that are set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content of this Website.
1.6 You are kindly referred to the provisions of section 11(3) of the Electronic Communications and Transactions Act, No 25 of 2002 (“ECT Act”), pursuant to which these terms and conditions are binding and enforceable against all persons that access our Website or any part thereof.
1.7 We may at any time modify these terms and conditions and your continued use of the Website will be subject to the terms and conditions in force at the time of your use.
1.8 We reserve the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of this Website.

 

2. Your use of the Website

2.1 You agree that your use of this Website is for lawful purposes only. You agree that you will not use this Website for any unlawful purpose, including but not limited to the commission of a criminal offence, to gain unauthorised access to other computer systems or for the transmission of unlawful material.
2.2 The content of our Website shall not be used, applied or exploited for any commercial and/or non-private purposes, without our prior written consent.
2.3 If you use, apply or exploit any of the content of the Website in breach of the provisions contained herein, we reserve the right to claim damages from you and we shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from your use of such content or any third party who obtained any content from you.
2.4 All licenses and/or permissions granted in terms hereof are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without giving reasons therefore.
2.5 It is your responsibility, as user of this Website to acquire and maintain, at your own expense, the computer hardware, software, lines and access accounts required to access the Internet and this Website and/or to download content from this Website.
2.6 You will be solely liable for all costs and expenses incurred by you to obtain professional advice in relation to these terms and conditions.

 

3. Copyright and Intellectual Property Rights

3.1 Copyright and all intellectual property rights in and to all materials made available through this Website are owned by us, alternatively, we are the lawful user thereof and is protected by both South African and international intellectual property right laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
3.2 The trademarks, names, domain names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of us, alternatively we are the lawful users of the trademarks. Nothing contained on this Website should be construed as granting any licence or right to use any trademarks without the prior written permission of us.

 

4. Choice of Law

4.1 This Website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Transvaal Provincial High Court in the event of any dispute.

 

5. Accuracy of Information

5.1 While every effort is made to ensure that the information provided on the Website is current and accurate, you should not assume that the information on the Website is always current or accurate, and we should be consulted before making any decision to act on the information displayed on this Website.
5.2 We make no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the Website and shall not be bound in any manner by any information contained on the Website or any of the pages comprising the Website.
5.3 No opinions, information, data or content contained on the Website shall be construed as advice and same are offered for information purposes only. We give no warranties and make no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

 

6. Your Privacy

6.1 We respect the privacy of all visitors to this site. You may use this site without providing any personal information.
6.2 Should you provide personal information, which you are not obliged to give, we adhere to the following guidelines to protect your privacy, namely:
6.2.1 we will explicitly ask you for information that personally identifies you or allow us to contact you (“Personal Information”). Generally this Personal Information is requested when placing an order for any of our products, when requesting a particular service, when sending feedback or when entering a competition;
6.2.2 we may use your Personal Information to operate the sites, supply products, provide services, and to inform you of new features, services, and products, to enable us to process, validate and verify orders and requests for products and services and for the purposes for which you specifically provided the information; to improve your experience on our Website; to improve and develop new features, products and services; to alert you to new products, services and special offers and for other related purposes; 6.2.3 should you not wish us to use the Personal Information, please send an e-mail toenquiries@silverapple.co.za 6.2.4 we shall be entitled to disclose Personal Information if required to do so to (a) comply with applicable law or with legal process served on us; (b) to protect and defend our rights or property, and (c) for the purposes of distributing same to various third parties who are involved in the supply of products or provision of the services provided in accordance with these terms and conditions.
6.3 You should also be aware that information and data is automatically collected through the standard operation of the internet servers and through the use of “cookies.” “Cookies” are small text files a web site can use to recognize repeat users, facilitate the user’s ongoing access to and use of the Website and allow the Website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g. customized delivery of information) available on the Website. 6.4 We will own and retain all rights, title and interest in and to non-personal statistical information collected and compiled by us in respect of the Website.
6.5 You, as user, agree and consent, subject to the provisions of the Regulations of the Interception of Communications Act, No 70 of 2002 (“RIC Act”), that we have the right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by you to us, the Website, our employees and representatives.
In addition, you agree and acknowledge that the consent provided by you in terms of this clause 6.5 shall satisfy the “writing” requirement as detailed in the RIC Act and the ECT Act.

 

7. General Disclaimer and Exclusion of Liability

7.1 It is a term and condition of the use of this Website that you expressly agree that the use of the Website is entirely at your own risk. The Website and all content on the Website is provided on an “as is” basis. We do not warrant that the functions provided by the Website will be uninterrupted or error-free, or that the Website or the server is free from viruses or other harmful components.
7.2 We, our directors, employees or representatives shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on and via the Website or any pages of the Website, any e-mails sent from the Website, products supplied or services provided via this Website, any viruses that may infect your computer or other property on account of your access to and/or use of this Website, use of content, data or information made available via the Website, any failure, delay or unavailability of the Website or any products or services offered via the Website for any reason whatever and the supply, or failure or delay in supplying any of the products or services offered via the Website and you agree and undertake to indemnify and hold us, our directors, employees or representatives harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.

 

8. Your Comments

8.1. We value comments received from visitors to our Website. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and we are not liable to any third party regarding the content of your comments.

 

9. Links and linking

9.1 External links
9.1.1 This Website provides links to other Websites. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external link is done so at your own risk. Third party advertising and promotional material may be displayed on the Website from time to time, and the display of such material should not be construed as we are endorsing or creating any relationship between us and that third party. Reliance on any such promotional or advertising material is entirely at your own risk.
9.2 Linking
9.2.1 Any third party wishing to link to the Website from their Website must obtain permission from us by directing such request to the webmaster, and permission may be granted on terms and conditions agreed.

 

10. Security

10.1 We shall take all reasonable steps to secure the content of the Website and the information provided by and collected from you, as user from unauthorised access and/or disclosure. However, we cannot provide or make any warranties or representations that the content shall be totally safe and secure.
10.2 We are under no legal duty to encrypt any content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website.
10.3 You are not allowed to deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Website or the server and computer network that support the Website.
10.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses we, our directors, employees, representatives, associates and/or affiliates may suffer as a result of such damaging code.
10.5 You, as user may not develop, distribute or use any device to breach or overcome the security measures of the Website and we reserve the right to claim damages from all involved.

 

11. General

11.1 These terms and conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on our part in exercising any right or remedy hereunder or enforcing the terms and conditions of this agreement will operate as a waiver thereof. Headings are for convenience only and not for use in interpretation of these terms and conditions.
11.2 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
11.3 Delay or failure to comply with or breach of any of these terms and conditions if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach of these terms and conditions nor will it subject either party to any liability to the other.
11.4 Should either party be prevented from carrying out its obligations by force majeure lasting continuously for a period of 30 (thirty) days, the parties will consult with each other regarding the future implementation of these terms and conditions. If no mutually acceptable arrangement is arrived at within a period of 30 (thirty) days thereafter, we shall be entitled to terminate all of its rights and obligations in terms of or arising from these terms and conditions and/or any service forthwith on written notice.