Terms and Conditions of Use
1.1. This document sets out the terms and conditions (“Terms”) of PRIDE MILLING COMPANY (PTY) LTD (“Service Provider”, “we”, “our”, “us”, “its”) pertaining to the access and use of the information, products, services and functions provided on www.pridemilling.co.za(“Website”).
1.2. Should any person that accesses the Website you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.3. We reserve the right, in our sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.4. We will, however, give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.5. If there is anything in these Terms that you do not understand then please contact us as soon as possible.
Content of the website
2.1. We reserve the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content of our Website.
2.2. We reserve the right to change and amend the products, any prices and any rates that may be quoted on our Website from time to time without notice.
2.3. We may use the services of third parties to provide information on the Website. We have no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.4. We make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation’;
2.4.1. We do not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2. whilst we have taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.4.3. we disclaim any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which we receive it and statements from external parties are accepted as fact.
Linked third-party websites and third-party content
3.1. We may provide links to third-party websites on the Website. These links are provided to the user for convenience purposes only and we do not endorse, nor does the inclusion of any link imply that we endorse, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
3.2. While we try to provide links only to reputable websites or online partners, we cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, our control. We are not responsible for and give no warranties or make any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on our Website.
3.3. You agree that we will not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
The user hereby agrees that it shall not itself, nor through a third-party:
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of our Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Website;
- write and/or develop any derivative of our Website or any other software program based on our Website;
- modify or enhance our Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be our property;
- without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to our Website by persons other than the user;
- remove any identification, trademark, copyright or other notices from our Website;
- post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
- notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
- In order to ensure the security and reliable operation of the services to all our users, we hereby reserve the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
- You may not utilise our Website in any manner which may compromise the security of our networks or tamper with our Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to our Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to our Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, civil damages shall be claimed by us against the user.
- Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
Intellectual property rights
- For the purpose of this clause, the following words shall have the following meanings ascribed to them:
- “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under our licence, now or in the future, including without limitation, Our rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
- All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, us and as such are protected from infringement by local and international legislation and treaties.
- By submitting reviews, comments and/or any other content (other than your personal information) to us for posting on our Website, you automatically grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, you retain any and all rights that may exist in such content.
- All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in our Website is granted to you.
- Except with our express written permission, no proprietary material from our Website may be copied or retransmitted.
- Irrespective of the existence of copyright, the user acknowledges that we are the proprietor of all material on our Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
- We authorise you only to view, copy, temporarily download to a local drive and to print the content of our Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
Risk, limitation of liability and indemnity
- The user’s use of this website and the information contained on our website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
- The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by the user as a result thereof. We reserve the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.
- To the extent permissible by law:
- Neither ourselves, our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of our website or any functionality thereof, or the information contained on our website, or of any linked website, even if we know or should reasonably have known or is expressly advised thereof.
- Our liability for faulty execution of our website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of our website shall be limited to ourselves rectifying the malfunction, within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of our website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct our website without our prior written approval. However in no event shall we be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with our website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
- You hereby unconditionally and irrevocably indemnify ourselves and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of:
- your use of our website;
- software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or knowledge;
- your failure to comply with any of the terms or any other requirements which we may impose from time to time;
- the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
- any unavailability of, or interruption in, the service which is beyond our control.
- We make no warranty or representation as to the availability, accuracy or completeness of the content of our website. You expressly waive and renounce all your rights of whatever nature that you may have against us for any LOSS suffered by you, as a result of information supplied by us being incorrect, incomplete or inaccurate.
- By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by us. You shall notify us should you discover any loss or unauthorised disclosure of the information.
- Any information or material sent to us will be deemed not to be confidential, unless otherwise agreed in writing by the user and us.
Breach or cancellation by a service provider
- We are entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider’s right to claim damages, should any user:
- breach any of these Terms;
- in our sole discretion, use our Website in an unauthorised manner; or
- infringe any statute, regulation, ordinance or law.
- Breach of these Terms entitles us to take legal action without prior notice to the user and the user agrees to reimburse us with the costs associated with such legal action on an attorney and (own) client scale.
Compliance with laws
- You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to our Website.
- These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
- This Website is controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representation that the content of our Website is appropriate or available for use outside of South Africa. Users may not use our Website in violation of South African export laws and regulations. If the user accesses our Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
- We do not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
- If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
- Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
- You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.
- No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
- Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
- These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.