Terms & Conditions of Use
TERMS OF SERVICE AND ENGAGEMENT
IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002
AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING, AND
ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE Food Routes WEBSITE, WEBPAGES, OR ANY PART
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE Food routes
WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
a) “Client” means a User who engages with Food Routes for the delivery of travel services;
b) “ Food routes” means the website owned and operated by TRAVRES Solutions (Pty) Ltd and located at http://www.foodroutes.co.za, including any page, part or element thereof and furthermore all domain names linked to such website;
c) “ Food Routes” means TRAVRES (Pty) Ltd, a private company registered in terms of the laws of South Africa reg. no.
d) “User” means any person who enters or uses the Food Routes website, notwithstanding the fact that such a person only visits the home page of the Foodroutes website;
e) “The principal” means the accommodation providers or any other 3rd party travel or hospitality company ;
e) References herein to the singular include the plural and vice versa; and
f) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should bedeemed part of these terms and conditions in terms of section 11(3) of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
INFORMATION ABOUT US
www.foodroutes.co.za is a site operated and owned by TravRes Solutions ( Pty ) Ltd ("We"); we are a COMPANY registered and based in South Africa trading as Foodroutes.co.za ( registration number 2013/134182/07 hereinafter referring to as “Food Routes”. With members Ewan van Wyk, Altus Theron, Stefane Kruger and Riaan Kruger. Our registered office is Reitz Street, Robertson,6705, Western Cape , South Africa. We are NOT VAT Registerred.
Acceptance of User Agreement:
This user agreement sets out certain terms and conditions of use pertaining to the website available at http://www.foodroutes.co.za . Our user agreement is outlined below. Unless stated otherwise, all clauses in this user agreement apply to both registered and unregistered users of the Foodroutes.co.za website.
This user agreement is valid, binding and enforceable against all persons who access this website or any part thereof. Please read this user agreement carefully as by using this website you will be taken to have
agreed to be bound by it. If you do not agree to be bound by the provisions of this user agreement, you must leave the Foodroutes.co.za website immediately as further use will automatically bind you to this user agreement, notwithstanding any disagreements by you to the terms of this policy.
Food Routes is a specialist African Gourmet and travel operator with a major presence on the
internet. Our websites allow travellers to find out all about their Luxury Food destinations in Africa;
thereafter they can contact our specialist food Route vacation consultants who will tailor-make their vacations. Through us, travellers have access to a wealth of knowledge regarding gourmet experiences for food lovers and a wide range of exclusively contracted accommodation products.
2.) Allowed use of information on this site
2.1 Food Routes Lisences the User to only access, browse, view, download abd print the content of the Food Routes website for legitimate private, personal, educational and/or non-commercial purposes and may not use this website for
- i)harmful purposes; or
- ii) illegal purposes; or
- iii) disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; or
- iv) the creation, storage and sending of unsolicited commercial communications.
2.2 The caching of the Food Routes website shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from the Food Routes website more efficient;
- The cached content is not modified in any manner whatsoever;
- The cached content is updated at least every 12 (twelve) hours; and
- The cached content is removed or updated when so required by
2.3 If any User uses content from the Food Routes website in breach of the provisions
Food Routes reserves the right to claim damages from the User;
Food Routes reserves the right to institute criminal proceedings against
the User; and
Food Routes shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.4 Food Routes shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Food Routes website, if such content was accessed through a hyperlink not directed at the home page of the Food Routes website. Persons that wish to link to content beyond the home page of the Food Routes website shall do so at their own risk and indemnify Food Routes against any loss, liability or damage that may result from the use of content from the Food Routes website, if such content was accessed through a hyperlink not directed at the home page of the Food routes website. Food Routes non-liability for deep linking is based on the fact that deep links bypass these terms and conditions;
2.5 Users may quote small and reasonable amounts of content available from the Food Routes website only if such quote is placed in inverted commas and acknowledged;
2.6 No person may frame the Food Routes website, in any manner whatsoever, without the
prior written consent of Food Routes;
2.7 Apart from bona-fide search engine operators and use of the search facility provided
on the Food Routes website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from the Food Routes website for any purposes, without the prior written consent of Food Routes;
E-mail addresses, names, telephone numbers, and fax numbers published on the Food routes website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Food Routes website may be used to communicate unsolicited communications to Food Routes and all rights detailed in Section 45 of the ECT Act are reserved; and
2.8 All licenses and/or permissions granted in terms of this clause 2 are provided on a
non-exclusive and non-transferable basis and may be terminated or cancelled by Foodroutes .co.za at any time without prior notice or giving reasons therefore.
If you use information from this website in breach of this user agreement, Food Routes reserves the right to claim damages and/or institute criminal proceedings against you.
3.) Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
4.)Intellectual Property Rights
Food Routes is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All intellectual property on the Food Routes website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Food Routes and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Foodroutes website are expressly reserved; and
3.2 No person may use logos, icons, or trade marks from the Foodroutes website as hyperlinks or other purposes without Foodroutes prior written consent.
All such rights are reserved.
Except for the above, all other use of this website and its contents is prohibited and without limiting the generality of the aforegoing, no person shall be entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use or exploit for commercial or non-private purposes or create derivative works of such content without Food Routes prior written consent.
You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of this website.The user may print off one copy, and may download extracts, of any page(s) from our site for personal reference and the user may draw the attention of others to material posted on our site.
The user must not modify the paper or digital copies of any materials the user have printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Food Routes status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.) Software and Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the
necessary computer hardware, software, communication lines and Internet access accounts
required to access the Internet and the Food Routes website and/or download content from the Food Routes website.
6.) Site changes and amendments
Food Routes aim to update foodroutes.co.za site regularly:
Food Routes reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Food Routes website;
6.3 discontinue any aspect of the Food Routes website or service(s) available from the
Food Routes website; and/or
6.4 change the software and hardware required to access and use the Food Routes website.
7.) Hyperlinks and 3rd party web-sites:
Food Routes does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to this website. Such a hyperlink does not signify that Food Routes has reviewed or approved of the third party's website or its contents, products or services, nor does it imply a recommendation, endorsement, support or association by Foodroutes.co.za of the content, products and/or services of such websites.
You may not frame this website in any manner whatsoever, without the prior written permission of Foodroutes.co.za.
- Foodroutes.co.za shall take all reasonable steps to secure the content of the Foodroutes.co.za website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Foodroutes.co.za does not make any warranties or representations that content shall be 100% safe and secure;
- Foodroutes.co.za is under no legal duty to encrypt any content or communications from and to the Foodroutes.co.za website and is also under no legal duty to provide digital authentication of any page on the Foodroutes website;
- Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses,robots or spyware to the Foodroutes.co.za website or the server and computer network that support the Foodroutes website;
- Notwithstanding criminal prosecution, any person who delivers any damaging code to the Foodroutes website, whether on purpose or negligently, shall, without any limitation, indemnify and hold foodroutes harmless against any and all liability, damages and losses that Foodroutes and its partners / affiliates may suffer as a result of such damaging code;
- Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Foodroutes reserves the right to claim damages from any and all persons concerned with a security failure or breach; and
- Any User who commits any of the offences detailed in sections 85 to 88 of theECTAct shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Foodroutes.co.za and its partners / affiliates.
- Users may not misuse foodroutes.co.za by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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. Users may not attack foodroutes.co.za 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 ECT act.. We will 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 Foodroutes.co.za will cease immediately.
- Foodroutes.co.za will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted
9.) Scope of services
Foodroutes.co.za provides the user with travel/accommodation and/or other services acting as agents for principals engaged in or associated with the travel industry, such as hotels and other accommodation providers ("the Principal"). Foodroutes represents the Principal as agents only and accordingly accepts no liability for any injury, loss, claim, illness, harm, death or damage of any kind which you may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. By making a reservation through Our Website, you enter into a direct, legally binding, contractual relationship with the Principal at which you book. This contract shall constitute the sole contract between the Principal and you and any right of recourse that you may have against the Principal.
Foodroutes strongly advises you to take out adequate insurance cover such as cancellation due to illness, injury or accident, personal accident and personal liability, loss of or damage to baggage, particularly should this reservation be a substantial purchase, or you find the cancellation policy highly onerous. Foodroutes will not be responsible or liable if you fail to take adequate insurance cover or at all.
11.) Our Liability
In the event that, notwithstanding the remaining provisions of this user agreement, we are liable to you for any damages, such liability shall be limited to a maximum of the monies that you have paid to us.
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Food Routes (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- access to the Foodroutes website;
- access to websites linked to the Foodroutes website;
- your purchasing and/or using any of the products and services available on this website; or
- the unavailability of any of the products or services provided on this website; or
- inability to access the Foodroutes website;
- inability to access websites linked to the Foodroutes website;
- content available on the foodroutes website;
- services available from the Foodroutes website;
- downloads and use of content from the Foodroutes website; and/or
- any other reason not directly related to Foodroutes gross negligence.
- access and/or use of this website by any person in a jurisdiction from which such activity is prohibited; or
- the submission or transmission of information or material on or through this website by you; or
- the violation of these conditions of use or any other laws, regulations and rules by you; or
- information or material which you have submitted to Foodroutes.co.za which is in violation of any law or in breach of any third party’s rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copyright or any other intellectual property rights).
The foodroutes website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with Foodroutes, that the content available from and through the foodroutes website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
- Information, ideas and opinions expressed on the Foodroutes website should not be regarded as professional advice or the official opinion of Foodroutes and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Foodroutes website;
- Foodroutes does not make any warranties or representation that content and services available from the Foodroutes website will in all cases be true, correct or free from any errors. Foodroutes shall take all reasonable steps to ensure the quality and accuracy of content available from the Foodroutes website; and
- Foodroutes does not make any warranties or representations that the Foodroutes website shall be available at all times. Users acknowledge that the Foodroutes website may be unavailable due to updates or other causes beyond the reasonable control of Foodroutes, including, but not limited to virus infection, unauthorised access(hacking), power failure or other “acts of God.”
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Foodroutes.co.za and all information, content, materials, products, software and services included on or otherwise made available to you through foodroutes.co.za are provided by foodroutes.co.za on an "as is" and "as available" basis. Foodroutes.co.za makes no representations or warranties of any kind, express or implied, as to the operation of www.foodroutes.co.za or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or otherwise made available to you through Our Website. Although we exercise reasonable efforts, foodroutes.co.za does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, ratings, reviews and description of the Principals displayed on Foodroutes.co.za or included within communications with Foodroutes.co.za or the Principals, as much of this information is provided by the respective Principal. Foodroutes.co.za expressly disclaim any representation or warranty that foodroutes.co.za will be free of viruses, that our services will be available uninterrupted and communications to or from www.foodroutes.co.za will be secure and not intercepted. You expressly agree that your use of www.foodroutes.co.za is at your own sole risk.
By marketing travel to South African and international destinations, Foodroutes.co.za does not represent or warrant that travel to such destinations is advisable, suitable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
You agree to defend and indemnify Foodroutes and their agents, and each of their respective officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of this agreements, your use of Foodroutes.co.za, your violation of any law or the rights of any third party.
12.) Removal and correction of content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Foodroutes website to the website administrator and the website administrator undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13.) Variations and changes in this agreement
Foodroutes.co.za reserves the right to vary this user agreement and revise these terms at any time. Any such changes will be posted on this page as they are binding on the user. You are encouraged to review this user agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this website) if you continue to use this website after they have been posted.
14.) Interception of communication
15.1Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Foodroutes right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Foodroutes website, its staff and employees; and
15.2 The User agrees and acknowledges that the consent provided by the User in clause12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
These terms and conditions constitute the entire agreement between Foodroutes and the User and shall take precedent over any and all promises,representations,agreements,policies, disclaimers and/or legal notices attached to any communications and/or postings received by Foodroutes from the User;
13.2 Any failure by Foodroutes to exercise or enforce any right or provision shall in no way
constitute a waiver of such right or provision; and
13.3 In the event that any term or condition detailed herein is found unenforceable,unlawful, invalid or unenforceable by any court of competent jurisdiction for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
Foodroutes.co.za has the right to cede, assign or otherwise transfer its rights and obligations in terms of this user agreement to any third party.
16.) Agreement in Terms of SECTION 21 OF THE ECT ACT
The User and Foodroutes agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Robertson (South Africa) at the time the User enters the Foodroutes website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by the User to Foodroutes shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by Foodroutes shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to Foodroutes shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Foodroutes; and
14.6 the User agrees and warrants that data messages that are sent to Foodroutes from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
17.) Applicable Law and Jurisdiction
Subject to the arbitration referred to above, the Foodroutes website is hosted, controlled, and
operated from the Republic of South Africa and therefore the South African law enforced by
the South African courts governs the use or inability to use the Foodroutes website, its content,
services and these terms and conditions.
You agree that any cause of action that may arise under this user agreement shall be commenced and be heard in the appropriate court in South Africa. You agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.
18.) Legal Costs
Foodroutes.co.za shall not be liable for any costs incurred by you to obtain professional advice regarding this user agreement.
19.) Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
The laws of South Africa govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions of any Agreement or any part thereof, of the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
21.) Trade Marks
[FOOD ROUTES] is a SA registered trade mark of [TRAV RES SOLUTIONS ( Pty) Ltd].
Information about you and your visits to our site
If you have any concerns about material which appears on our site, please contact email@example.com .
Thank you for visiting our site.