These Terms and Conditions set out the terms of the agreement between you and us (“the Agreement”) under which we will provide you with access to the information and services we offer from time to time via the Kist Company website located at www.kistcompany.co.za and operated by us (“the Website”).
By using the Website and purchasing goods and/or services, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions, please do not continue to use the Website.
It is, therefore, very much in your interests to read them carefully.
If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms and Conditions before purchasing any goods or services.
If there is anything in this Agreement that you do not understand then please contact us as soon as possible – see clause below for contact details. Please note that calls to the Customer Number (033 398 0026) are charged at national rates and may be monitored for training, security and quality assurance purposes.
Unless otherwise stated, the Website is provided to you by Kist Company (hereinafter referred to as “Kist Co”), a company registered in the Republic of South Africa.
USE OF THE WEBSITE
You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
You are prohibited from posting or transmitting, 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, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
any content that constitutes an invasion of privacy; or
any content that is an infringement of any intellectual property right; or
any content that contains software viruses; or
any content that constitutes a political statement, commercial solicitation, or “Spam”.
Although Kist Company does not purport to review (nor is it under any obligation to review) any submitted content, it reserves the right to remove any content from the Website where it deems such content, in its sole and absolute discretion, to be an infringement or harmful in any way whatsoever.
Should you place on or submit to the Website any such harmful content or should you breach any clause in these Terms and Conditions, Kist Company may immediately terminate and/or suspend your access to all or parts of the Website, without any further notice to you.
YOU WARRANT THAT:
you own or otherwise control all rights to any and all content that you may submit to the Website; and any use of such content will not cause injury or harm to any person or entity; and You hereby indemnify Kist Company and/or its affiliates, directors, officers and employees, against any and all claims of whatever nature resulting from any content placed or submitted by you on the Website.
By submitting reviews, comments and/or any other content (other than your personal information) to Kist Company for posting on the Website, you automatically grant Kist Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence 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 licence, you retain any and all rights that may exist in such content.
The following activities on or through the Website are expressly prohibited:
any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon, without the prior written authority of Kist Company; and
the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website;
any attempt to gain unauthorised access to the Website or its related systems or networks;
accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
the reverse engineering or decompiling of the Website to (without limitation)(i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website.
Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.