T’s & C’s
General
ACCESS TO THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
Upon accessing the Website, you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it. Accordingly, please take the time to read through these terms and conditions before continuing to use the Website. If you do not agree to obey these terms and conditions you must stop using the Website immediately.
We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the changes in and to the terms and conditions.
In these terms and conditions:
– “product/s” means the goods advertised, sold and delivered by us to our customers;
– “we”/”us”/”our” means Coffee Bean Group South Africa, a private company incorporated in the Republic of South Africa with limited liability, and our associated companies (where applicable);
– “Website” means this website; and
– “you”/”your” means the user of the Website including users who has registered with us and where applicable, advertisers.
IMPORTANCE NOTICE
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause which-
– may limit the risk or liability of Coffee Bean Group South Africa or a third party; and/or
– may create risk or liability for the user; and/or
– may compel the user to indemnify Coffee Bean Group South Africa or a third party; and/or
– serve as an acknowledgement, by the user, of a fact.
– Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
– If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Coffee Bean Group South Africa to explain it to you before you accept the Terms and Conditions by continuing to use the Website.
– Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, void any right or obligation, as the case may be, created for either you or Coffee Bean Group in terms of the CPA.
ACCESS TO THE WEBSITE
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice.
From time to time, we may restrict your access to some parts of the Website, or the entire website. We will not be liable if, for any reason, our site is unavailable at any time or for any period.
CONTENT
You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided to contact us other than in connection with a genuine enquiry relating to the purchase by you of our product/s.
The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality arising from such inaccuracies and typographical errors.
The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.
The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.
Through the Website, we present advertorial content and information. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.
We give no warranties, conditions, guarantees or representations, expressed or implied, as to:
the completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked
the content of the advertisements for product/s appearing on the Website, including but not limited to, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such product/s
the completeness of the results of any search conducted on the Website or that the product/s revealed by such search are the only product/s on our database which might meet the requirements of your search.
CONTRACTUAL ISSUES
We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website.
We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the Website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
LIABILITY
The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute
any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with our failure to fulfil any of our obligations in terms hereof:
the Website or resulting from its use
the inability to use the Website
the search results obtained from the Website and any websites linked to the Website and any material posted on it.
We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
INTELLECTUAL PROPERTY
All intellectual property including trademarks, names and logos, whether registered or not, embodied in the Website content, are our proprietary marks.
Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or rights under any trademarks, names or logos.
All rights, including copyright, in the content of the Website and the photographs of any vehicles displayed on the Website from time to time and all rights in our database of product/s, are owned and/or controlled by us except as expressly permitted by these terms and conditions. You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilize any of the contents of the Website or authorize any person, or procure any other person to do so.
In particular, you may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website or authorize or procure any other person to do so, without our express written permission.
Any intellectual property embodied in the information provided by us and utilized on the Website is hereby assigned to us.
LINKED THIRD PARTY WEBSITES
The Site and App Service may contain links or references to other websites (“Third-Party Websites”) which are outside of our control including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and we are not responsible for the practices and/or privacy policies of those Third-Party Website or the “cookies” that those sites may use.
Notwithstanding the fact that the App may refer to or provide links to the Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
LINKS TO THE WEBSITE
You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.
SECURITY
We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilize the Website by gaining unauthorized access to any page on the Website or by delivering or attempting to deliver any unauthorized or harmful code to the Website.
GENERAL
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes made, as they are binding on you.
Some provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.
If any of the provisions of these terms and conditions shall be considered to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions. These terms and conditions together with our privacy policy (as contained herein below) contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.
The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from these terms and conditions; the use or inability to use the Website and or information contained on the Website.
We reserve the right to remove comments, posts or any content that creates an unfavorable environment on any of our social media and digital platforms.
COMMUNICATION
By using or accessing the Website, you agree to communicate with us in electronic and/or telephonic format. Accordingly, you accept any risks, which may feasibly arise from electronic communications, and furthermore that in as much as communications may require to be “written” between you and us, these electronic communications suffice for that purpose.
Protection of Personal Information Act 4 of 2013
The use of this Website shall be subject to the provisions of the Protection of Personal Information Act 4 of 2013. Coffee Bean Group South Africa will, where necessary, obtain the consent of the consumer in the processing of personal information of that consumer in instances of, for example, online orders and feedback which the Website may request upon the consumer’s enquiry and which, for that purpose, the processing is adequate, relevant and not excessive. The consumer’s personal information will be processed lawfully and in a reasonable manner which does not infringe on the privacy of the consumer. The consumer’s personal information will be obtained directly from the consumer themselves and not from a family member or any third party.
The consumer will be entitled to request the removal, correction or destruction of their personal information on this Website and shall be allowed to do so if the information is inaccurate, irrelevant, out of date, incomplete, misleading or it has been obtained unlawfully. In the event that the consumer does not request this, Coffee Bean Group South Africa shall not be liable for any personal information of a consumer deemed to be incorrect.
Coff Bean Group South Africa ensures that all personal information obtained from a consumer will be subject to strict privacy and lawful processing where such processing is both consented to by the consumer and justified for the specific purpose.