TERMS & CONDITIONS AGREEMENT
PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY BEFORE USING THE ROOIKRAAL BUTCHERY WEBSITE
By using the ROOIKRAAL BUTCHERY website, you confirm that you accept this Terms and Conditions Agreement and that you will comply with it.
If you do not agree to this Terms and Conditions Agreement you must not use the ROOIKRAAL BUTCHERY website in any way.
1.2. This Terms and Conditions Agreement applies to all Clients of our site. A “Client” means anyone who uses our site. Use of our site includes accessing and/or browsing our site and/or registering to use ROOIKRAAL BUTCHERY.
1.3. Please note that your use of our site via third party media (including without limitation via mobile / tablet apps and/or via third-party sites or links) and your use of any third party’s services in connection with our site (including without limitation YouTube, Facebook, etc.), whether for purposes of accessing our site or otherwise, may be subject to separate terms and conditions as required and provided by the relevant third party(ies). You are responsible for reviewing these and you make use of any such third-party media and/or services at your own risk.
• disabling your account; and/or
• removing content provided by you; and/or
• putting in place technical and/or legal steps to prevent you from using our site and/or participating in and/or interacting with ROOIKRAAL BUTCHERY in any way.
We may not offer you a refund of any monies you have paid to us in any such circumstances. Please note that this does not limit other remedies which may be available to us.
2. OTHER APPLICABLE TERMS
(a) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using any aspect of our site and/or contributing any content you must comply with this Acceptable Use Policy.
(c) Our Cookies Policy, which sets out information about the cookies on our site.
3. INFORMATION ABOUT US
3.1. Our site is operated by Rooikraal Butchery (referred to as “we” or “us”).
3.2. Our site is made available for the purpose of facilitating, operating, and promoting the use of ROOIKRAAL BUTCHERY products and services.
3.3. Our site operates as a hosting service in respect of any content, contribution or information uploaded, posted, or otherwise provided to or via our site including without limitation any content uploaded to personalised ROOIKRAAL BUTCHERY applications and/or personalised ROOIKRAAL BUTCHERY web pages.
4. CHANGES TO THESE TERMS
5. CHANGES TO OUR SITE
5.1. We may update our site from time to time and may change its content at any time. However, please note that any of the content on our site may be out of date and/or inaccurate at any given time and we are under no obligation to update it.
6. ACCESSING OUR SITE
6.1. Access to our site is made available free of charge. However, to access certain ROOIKRAAL BUTCHERY features, services and/or products you may be required to pay a fee(s).
6.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.3. You are responsible for making all arrangements necessary for you to have access to our site and for any associated costs (including without limitation charges by your service provider and/or credit card or other transaction fees).
7. YOUR ACCOUNT AND PASSWORD
7.1. You are not obliged to register to browse our site. However, access to certain ROOIKRAAL BUTCHERY features, services and/or products may only be available to you if you are a registered Client.
7.2. To register to use our site you will be asked to provide us with certain information (which may include without limitation your real name and email address). You must ensure that you provide all information requested and that all such information is, and remains, valid, accurate and up to date.
7.3. You must not provide any false personal information to us or on our site or create an account for anyone other than yourself without permission.
7.4. If we disable your account, you must not create another account without our permission.
7.6. You should treat your client’s name, password and any other piece of information arising as part of our security procedures as confidential.
7.7. You are solely responsible for maintaining the confidentiality and security of your client’s name and password (and any other applicable information required as part of our security procedures) and you are responsible for all use of your account, Client name and password and all activity under your account.
7.8. If you know or suspect that anyone other than you know your client’s name or password or otherwise has access to your account, you should promptly notify us at Info@rooikraalonline.com and you should change your password at the earliest possible opportunity.
7.10. You undertake and agree that you will be solely responsible and liable with respect to any of the uses of the ROOIKRAAL BUTCHERY products or services which occur under your client’s name and for any of your Client Content (as defined in paragraph 10 of this Terms and Conditions Agreement) including without limitation for any consequences of using or publishing such Client Content on or with respect to the ROOIKRAAL BUTCHERY products and services.
7.11. If any paid services are purchased via a client account, we will consider the owner of the applicable Client account and/or Client Content created to be the person or entity whose billing information was used to purchase such paid services. Notwithstanding the foregoing we shall have the right to determine the ownership of Client Content and/or a Client account as we choose in our sole discretion including without limitation by disregarding the indicators set forth above.
8.1 Any purchases made are to be approved and validated by on successful checkout and payment on the safe and secure payment gateway(s) as per the website.
8.2 Products purchased and signed for on delivery are to be considered as completion of an order and at no point thereafter shall there be any returning of goods for a claim of inferior quality of product and or service.
8.3 Rooikraal Butchery makes use of a driver to deliver all product(s) to customers, it is therefore the liability of customers to thereafter make sure that no product(s) is destroyed through the poor mishandling of breaking the cold chain and or product.
8.4 Rooikraal Butchery, therefore, has the right to not pay any claims for any mishandling and or incorrect procedure of looking after a product that is received in good condition.
8.5 Product photos may vary from actual products.
8.6 Product weights may differ slightly from listed weights.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. This includes without limitation the trademarks described in paragraph 9 of this Terms and Conditions Agreement. We are the licensee of all content, contributions and information uploaded, posted, or otherwise provided to or via our site by you or any Client of our site in accordance with the license’s set out at paragraph 11 of this Terms and Conditions Agreement.
9.2. All rights, title and interest in and to the ROOIKRAAL BUTCHERY services, including without limitation any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law including without limitation any artwork, graphics, images, literary work, source and object code, computer code (including without limitation html), applications, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us.
9.4. You may print off one copy and may download extracts of any webpage(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
9.5. You must not modify any copies of materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video, audio, or graphics separately from any accompanying text.
9.6. Our status (and that of any identified contributors) as the authors of applicable content on our site must always be acknowledged.
parties including without limitation any copyright holders in respect of any content, contribution or information uploaded, posted, or otherwise provided to or via our site by a client of our site.
9.9. If you provide us with any suggestions, comments or other feedback relating to the ROOIKRAAL BUTCHERY services, which is or may be subject to any intellectual property rights, such feedback shall be exclusively owned by us. By providing such feedback to us you represent and warrant that such feedback is accurate, complete and does not infringe on any third-party rights; you irrevocably assign to us any right, title, and interest you may have in such feedback; and you irrevocably waive all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such feedback.
10.1. The word “ROOIKRAAL BUTCHERY” is a trademark.
10.2. You are not permitted to use ROOIKRAAL BUTCHERY or any of our trademarks in any way except as permitted in paragraph 8 of this Terms and Conditions Agreement.
11. LINKING TO OUR SITE
11.1. In the event that you sign up with ROOIKRAAL BUTCHERY and create a personalized ROOIKRAAL BUTCHERY account you may link to any public-facing page of your personalized account, provided you do so in a way that is fair and legal, is not obscene or defamatory and which does not bring into disrepute and/or have an adverse effect on and/or which is not derogatory or critical of ROOIKRAAL BUTCHERY and/or any other Client and which does not damage or take advantage of the reputation of ROOIKRAAL BUTCHERY and/or any other Client.
11.2. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement where none exists.
11.3. We reserve the right to withdraw linking permission without notice.
11.4. The website or other channel in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
12.1. The use of certain ROOIKRAAL BUTCHERY services will be subject to payment of certain fees in accordance with our current pricing policies as provided for at [Https://rooikraalonline.com/legal] (“Fees”).
12.2. We reserve the right to change the Fees at any time without notice. Where applicable, if you received a discount or other promotional offer, we shall have the right automatically and without notice to disregard and apply to any ROOIKRAAL BUTCHERY products and or services the full applicable Fee.
12.3. If at any time we record a decline, chargeback, or other rejection of a charge of any of the sums payable by you or any third party in accordance with the Fees (as applicable) related to your ROOIKRAAL BUTCHERY account this will be considered as a breach of your payment obligations hereunder and your use of the ROOIKRAAL BUTCHERY services may forthwith be disabled or terminated. We reserve our right to dispute any chargeback received, including without limitation by providing the relevant credit card company or financial institution with any information and documentation proving that the transaction was authorised by the applicable Client. We further reserve all our rights and remedies including without limitation the right to inform appropriate authorities and/or commence appropriate legal proceedings (whether against you and/or a third party) to recover any sums due.
13. E-COMMERCE ACTIVITIES
13.1. Without limitation to anything contained herein, you are solely responsible for any E- Commerce related activities and any promotions and related content contained or referred to in any Client Content you create and compliance with any laws applicable thereto. We are not responsible in any way for any transactions or for your relationship with any E-Commerce service providers or for the actions of any of such E-Commerce service providers.
14. NO RELIANCE ON INFORMATION
14.1. Any content and/or information on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site, including without limitation in respect of any content, contribution or information uploaded, posted, or otherwise provided to or via our site.
14.2. You understand that we do not provide any legal advice with respect to any laws or requirements applicable to the use of any ROOIKRAAL BUTCHERY products or services.
14.3. Although we may at our discretion make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
15. LIMITATION OF OUR LIABILITY
15.2. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms, whether express or implied, which may apply to our site and/or any content on it and/or any participation in and/or any interaction with ROOIKRAAL BUTCHERY.
15.3. We will not be liable to you, or any Client, or any third party for any loss or damage, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site.
(b) use of or reliance on any content (including without limitation Client Content) displayed on our site.
(c) participation in and/or interaction with ROOIKRAAL BUTCHERY in any way; and/or
15.4. You agree not to use our site and/or participate in and/or interact with ROOIKRAAL BUTCHERY for any commercial or business purposes other than to the extent consistent with ROOIKRAAL BUTCHERY products’ intended use and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or loss of career enhancement or opportunity.
15.5. You acknowledge and agree that our site is made available for the purpose of facilitating, operating, and promoting ROOIKRAAL BUTCHERY. You agree to use our site and/or interact with ROOIKRAAL BUTCHERY in accordance with this stated purpose.
15.6. We will not be liable to you for any virus, distributed denial-of-service attack, trojan, worm, logic bomb, malicious software or code, bug, glitch, error, delay, inaccuracy, or other content or material which is malicious or harmful or destructive, that may affect your technology, devices, applications, programs, data, Client Content, or other material due to your use of our site or to your downloading of any content on it, or on any website or service linked to it.
15.7. We assume no responsibility for the content of websites or services linked on or to our site. We will not be liable for any loss or damage that may arise from your use of them.
15.8. By using our site and/or participating in and/or interacting with ROOIKRAAL BUTCHERY you irrevocably waive the right to assert any claim with respect to any of the foregoing against us or any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.
15.9. Without limitation to the foregoing, we will not be liable to you, or any other Client, or any third party for any loss or damage arising out of or in connection with any form of so-called “takedown” initiated by and/or undertaken at the request of and/or direction of and/or with the cooperation of any so-called “Internet Service Provider” or “ISP”.
15.10. Without limitation to the foregoing, we will not be liable to you, or any other Client, or any third party for any loss or damage arising out of or in connection with any issues related to any associated so-called “Internet Service Provider” or “ISP” and/or any associated so-called “server.”
15.11. Without limitation to the foregoing, you understand and acknowledge that we shall have the right, in our sole discretion, to “roll back” to an earlier version(s) of our site or any part thereof at any time and we will not be liable to you, or any other Client, or any third party for any loss or damage arising out of or in connection with any such “rollback”.
16. PLACEMENT, PROCESSING AND DELIVERY OF ORDERS
16.1. The liability of placing an order is on the customer placing the order through whichever form of platform and/or technology. The processing of an order is started out once moneys have reflected in our account and therefore delivery time is then considered only once the payment is settled.
16.2. An order may be canceled at least 1 day prior to scheduled delivery and therefore any cancellations after the mentioned time will be non-refundable and deemed to be a successful order.
16.3. Deliveries of orders are explained in detail on our website ‘Delivery’ tab which explains how delivery time is worked out for various parts/regions of the country as well as dependent on a certain franchise/business agreement if any is in place between Rooikraal Butchery and any other party.
16.4. Rooikraal Butchery is not liable to reimburse a customer for any delayed deliveries which may have been caused through any unforeseen circumstance(s) or valid reason(s).
17. YOUR USE OF TECHNOLOGY
17.1. You are responsible for configuring your information technology, computer programmes, software, and platform to access our site and/or interact with ROOIKRAAL BUTCHERY. You should use your own virus protection software.
17.2. You must not misuse our site by knowingly introducing any virus, trojan, worm, logic bomb, time bomb, spyware, malicious software or code, file, program, bug, glitch, error, delay, inaccuracy, or other content or material which is (or is intended to be) malicious or harmful or destructive or invasive including without limitation that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site and/or other Client accounts and/or content. You must not attack our site via a denial-
of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities, and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our site will cease immediately.
17.3. You must not copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the ROOIKRAAL BUTCHERY website, the ROOIKRAAL BUTCHERY products or services (or any part thereof), any content offered by ROOIKRAAL BUTCHERY or third-party services for use and display within any ROOIKRAAL BUTCHERY application and/or any part thereof in any way or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under the terms of service.
17.4. You must not use any “robot”, “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the ROOIKRAAL BUTCHERY services (or its data) or in any way reproduce or circumvent the navigational structure or presentation of any of the ROOIKRAAL BUTCHERY services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the ROOIKRAAL BUTCHERY services.
17.5. You must not purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use ROOIKRAAL BUTCHERY or ROOIKRAAL BUTCHERY marks and/or variations and misspellings thereof.
17.6. You must not reverse look-up, trace, or seek to trace another Client of ROOIKRAAL BUTCHERY services, or otherwise interfere with or violate any other Client’s right to privacy or other rights or harvest or collect personally identifiable information about visitors or Clients of the ROOIKRAAL BUTCHERY services without their express and informed consent.
17.7. You must not disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the ROOIKRAAL BUTCHERY services, the account of another Client(s) or any other systems or networks connected to the ROOIKRAAL BUTCHERY services by hacking, password mining or other illegitimate or prohibited means.
17.8. You must not probe, scan, or test the vulnerability of the ROOIKRAAL BUTCHERY services, or any network connected to the ROOIKRAAL BUTCHERY services.
17.9. You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ROOIKRAAL BUTCHERY services or ROOIKRAAL BUTCHERY’s systems or networks connected to the ROOIKRAAL BUTCHERY services, or otherwise interfere with or disrupt the operation of any of the ROOIKRAAL BUTCHERY services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
17.10. You must not use any of the ROOIKRAAL BUTCHERY services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct or otherwise engage in unethical marketing or advertising.
18. DISPUTES & CLAIMS
18.1. We are permitted, but not obliged, to monitor any content or information provided or uploaded, posted, or disclosed via our site, but we are not responsible for monitoring any such content.
You are responsible for reporting to us material on our site to which you object in accordance with the following procedures:
18.2. Pop-up Reporting:
Where available on our site you may use the ‘Pop-up Report’ mechanism to report content to which you object:
(a) Visit the page where the content is displayed on our site.
(b) Click on the ‘Report’ button.
(c) In the ‘Report’ pop-up, click ‘Select a reason’ in the drop-down menu.
(d) Select the reason for reporting that best fits your objection to the content.
(e) Provide any additional details that may help the review team make their decision.
The reported material will not automatically be removed from our site.
We reserve the right in our absolute discretion to take such action as we deem appropriate which may include removing the reported content and/or disabling or removing or reassigning accounts, Client names and passwords and/or putting in place technical and/or legal steps to prevent Clients from using our site and/or interacting with ROOIKRAAL BUTCHERY in any way.
18.3. Copyright Notices:
1. Your contact information
Including your full legal name (first and last name), registered Client name (if any) and email address.
2. A description of your work that you believe has been infringed
3. The specific location on our site where the infringing material is found including the Client name if applicable. Please note that general information / a general description is not sufficient.
4. The date on which you discovered the infringing material
5. Include (and agree to) the following statement:
“The information in this notification is accurate, I am the owner of the copyright that is allegedly infringed, and I believe in good faith that the use of the material in the manner complained of is not authorised by me as the copyright owner or by my agent or the law.”
Without all the above information we will be unable to act in respect of your Copyright Notice. A Copyright Notice should only be submitted by the copyright owner, or an agent authorised to act on the owner’s behalf.
18.4. Defamation Notices:
If you discover any material on our site which you believe refers to you, is untrue and is likely to damage your reputation you may send us a Defamation Notice by sending all of the following information by email to firstname.lastname@example.org
1. Your contact information
Including your full legal name (first and last name), registered Client name (if any) and email address.
2. A description of how the offending material is defamatory
Providing details of how the material refers to you, is untrue and is likely to damage your reputation.
3. The specific location on our site where the offending material is found Including the Client name as applicable. Please note that general information / a general description is not sufficient.
4. The date on which you discovered the offending material.
5. Include (and agree to) the following statement:
“The information in this notification is accurate and I believe in good faith that the material complained of refers to me, is untrue and is likely to damage my reputation and is therefore defamatory.”
Without all the above information we will be unable to act in respect of your Defamation Notice.
18.5. Other disputes:
In the event that you have a complaint in relation to any other aspect of our site and/or any material on our site, you may contact email@example.com. Please provide as much information as possible in relation to your complaint, including your full legal name (first and last name), registered Client name (if any) and email address, a detailed description of your complaint and the specific location on our site giving rise to your complaint (if applicable).
(a) We will promptly acknowledge your Notice or complaint by email and/or via our
site’s internal messaging system following receipt.
(b) We will promptly withdraw and/or suspend the availability of the material on the URL on our site notified to us in the Notice or complaint (as applicable).
(c) We will advise the originator of material subject to the Notice or complaint that a Notice or complaint has been filed (and the nature of the Notice or complaint) using the registration details provided to us via our site.
(d) If the originator fails to respond within thirty (30) days of such notification, either accepting or refuting the Notice or complaint (with evidence), the Notice or complaint will be taken as upheld, and the material will be permanently withdrawn from availability on the specific location on our site notified to us in the Notice or complaint.
(f) In addition to withdrawing and/or suspending material subject to a Notice or complaint we reserve the right in our absolute discretion to take such action as we deem appropriate which may include removing such material and/or disabling or removing or reassigning accounts, Client names and passwords and/or putting in place technical and/or legal steps to prevent Clients from using our site and/or interacting with ROOIKRAAL BUTCHERY in any way.
18.7. You must not raise false complaints or make false claims. Misuse of any dispute resolution process may result in action as we deem appropriate in our absolute discretion which may include the suspension of your client account and/or legal consequences.
19.1. The views expressed on our site by Clients and/or any other third party do not represent our views or values.
19.7. Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative action (or any other legal proceedings conducted by a group or by representatives on behalf of others).
19.8. You warrant to us that you are not a minor (i.e., that you are not under the age of eighteen (18) years old).
19.9. We may at our absolute discretion from time to time compensate (whether via financial payments or otherwise) certain Clients of our site to encourage and/or reward certain uses of our site and/or certain Client Content.
20. APPLICABLE LAW
21. CONTACT US
• For general enquiries, please contact: infoRooikraal firstname.lastname@example.org
• For help with technical issues, please contact: email@example.com
Thank you for visiting ROOIKRAAL BUTCHERY.