Terms & Conditions of Sale

 

  1. LEGALLY BINDING AGREEMENT

BY PLACING AN ORDER FOR GOODS AND/OR SERVICES ON THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THESE TERMS AND CONDITIONS OF SALE.

ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN STORKBRANDS (PTY) LIMITED TRADING AS RUBY MELON (‘’STORKBRANDS’’) AND THE USER.

THE AGREEMENT BETWEEN THE USER AND STORKBRANDS IS CONSTITUTED BY THESE TERMS AND CONDITIONS OF SALE, READ TOGETHER WITH THE WEBSITE TERMS AND CONDITIONS AND THE PRIVACY NOTICE PUBLISHED ON THIS WEBSITE. 

 

  1. PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008

2.1. IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE TERMS AND CONDITIONS OF SALE HAVE BEEN DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.

2.2. IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE, PLEASE CONTACT STORKBRANDS ON (021) 201 4004 OR EMAIL: HELLO@STORKBRANDS.COM.

2.3. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:

  • LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF STORKBRANDS AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE;
  • ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;
  • INDEMNITIES IN FAVOUR OF STORKBRANDS; OR
  • AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER. 

2.4. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.

 

  1. NO OFFER

3.1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.

3.2. Unless specific arrangement is made prior to engaging with the website or placing an order, the goods and services advertised on this website are available to South African clients and delivery addresses only.

 

  1. DESCRIPTION OF GOODS AND SERVICES

4.1. While StorkBrands takes reasonable efforts to ensure that the description and pricing of goods advertised on this website are as accurate as possible, it does not warrant that such information is accurate, complete, and error-free. If goods ordered are not as described on this Website, the User must return the goods to StorkBrands who shall refund the User for the full price paid for such goods together with the costs of returning same to StorkBrands.

 

  1. PRICING

5.1. Prices on this website are always quoted in South African Rand (ZAR) and inclusive of Value Added Tax (VAT).

5.2. Prices published on this website will be updated from time to time and Users are required to check for any updates to prices of goods and/or services before any order is placed.

5.3. StorkBrands cannot confirm the price of any goods or services until an order is placed with it. However, StorkBrands will not charge a price higher than the one displayed on the website for any goods or services unless the price, as displayed, contains an inadvertent and obvious error.

5.4. StorkBrands will not be bound by any errors in pricing which result from technical problems on the website or by the unlawful modification of data on the website by unauthorized persons.

5.5. StorkBrands shall take reasonable steps to inform any affected Users about any pricing errors on the website as soon as they are discovered.

5.6. Where StorkBrands advertises or promotes any goods or services offered at reduced prices, the price published on the website after the advert or promotion has been published or announced will be the price of the goods already reduced as advertised or promoted.

5.7. The costs of delivery and/or any other costs associated with any transaction will be displayed separately in the confirmation of the User’s order before checkout.

  1. COMMENCEMENT OF SALE AGREEMENT & REVIEW OF TRANSACTION

6.1. An agreement of sale will only come into effect when the User electronically submits a properly completed order for goods or services on the website and confirmation of that order is dispatched by StorkBrands to the User.

6.2. The addition of any goods or services by the User to their shopping basket and/or wishlist without completing the necessary checkout process on the website will not constitute a valid order.

6.3. Users will always be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finally placing any order on the website. Should a User, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the User may cancel the transaction within 14 days of receiving the goods or in the case of services, within 14 days of the agreement being concluded. If a transaction is cancelled as aforesaid, the User shall return the goods or stop using the services and StorkBrands shall refund all payments made by the User.

6.4. An order received via the website will only be processed by StorkBrands once payment has been authorised or received, as the case may be.

 

  1. PAYMENT

7.1. Payment for purchases made via the website can be made by credit card or electronic fund transfer (EFT) into StorkBrands’s designated bank account, details of which are sent to the user when this payment option is selected.

7.2. In compliance with section 43(5) of the ECT Act, StorkBrands uses the services of PayFast (Pty) Ltd to process credit card payments. PayFast (Pty) Limited is the approved payment gateway for First National Bank, a division of First Rand Bank Limited. PayFast (Pty) Limited is Level 1 PCI Certified and uses the strictest form of encryption for all transactions. For more information on PayFast (Pty) Limited, please visit www.payfast.co.za.

7.3. StorkBrands does not process or store User’s credit card details.

7.4. Where payment is made via EFT, confirmation of payment must be received by StorkBrands within 5 days from the date that an order is confirmed. No orders will be processed until confirmation of payment has been received.

7.5. StorkBrands reserves the right to request further information from a User in order to verify any order placed or for the processing of any payment due.

 

  1. USERS COOLING OFF RIGHTS IN TERMS OF SEC 44 OF THE ECT ACT

8.1. A User will be entitled to cancel, without reason and without penalty, any transaction for the supply of goods within 7 days after the date of the receipt of the goods; or of services within 7 days after the date of the conclusion of the agreement.

8.2. The only charge that may be levied on the User is the direct cost of returning the goods.

8.3. If payment for the goods or services has already been made by the User, they shall be entitled to a full refund of such payment within 30 days of the date of cancellation.

8.4. A User will not be entitled to cancel a transaction in terms of clause 8.1 when the transaction is for:

  • foodstuffs, beverages or other goods intended for everyday consumption by the User;
  • audio or video recordings or computer software which has been unsealed by the User;
  • newspapers, periodicals, magazines and books;
  • accommodation, transport, catering or leisure services booked for a specific date or which need to be used within a specific period; or
  • any goods made to the User’s specifications, or which are clearly personalised, or which by reason of their nature cannot be returned, or which are likely to deteriorate or expire rapidly.

 

  1. DELIVERY

9.1. StorkBrands shall take all reasonable efforts to ensure that goods or services ordered by Users are delivered within a reasonable time and in good order. However, as StorkBrands is reliant on third parties to deliver goods and services ordered on the website to Users, it cannot guarantee delivery times.

 9.2. Delivery time estimates are calculated from the date and time when the goods leave the StorkBrands warehouse, which is usually within one working day of an order being confirmed.

9.3. Deliveries are done on business days only. Weekend and after hours deliveries are subject to an additional surcharge and may be organised by special request only (this option is not available online, the User may phone the StorkBrands customer support team to organise).

9.4. StorkBrands will not be responsible for any loss or delays caused by delayed or non-delivery resulting from incorrect delivery information being given by the User during the checkout process.

9.5. Delivery charges presented during the order checkout process are final. Delivery charges provided anywhere else on the website are for estimate purposes only and are subject to change at any time without notice.

9.6. In terms of section 46(1) of the ECT Act, StorkBrands must execute an order within 30 days after the date on which an order placed by a User has been confirmed, unless an alternative delivery date has been specifically pre-arranged and agreed upon between StorkBrands and the User.

9.7. If StorkBrands fails to execute any order within the 30 day period, or within such other period that has been specifically agreed to with the User, the User may cancel the agreement with 7 days’ written notice to StorkBrands, and StorkBrands shall refund all monies received from the User.

9.8. Apart from any liability that may arise in terms of clause 9.7, StorkBrands shall not otherwise be liable for any direct or indirect loss of whatsoever nature sustained by any User as a result of the late or non-delivery of any item ordered which is not due to any fault on the part of StorkBrands.

 

  1. QUALITY STANDARDS & SAFETY

 10.1. StorkBrands shall take all reasonable efforts to ensure that goods sold on the website are:

  • Reasonably suitable for the purposes for which they are generally intended;
  • of good quality, in good working order and free of any defects;
  • useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
  • compliant with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation. 

10.2. Subject to clause 10.5, if any goods sold by StorkBrands do not comply with any of the requirements and/or standards set out in clause 10.1, the User may, for a period of 6 (six) months after the delivery of any such goods, return the goods to StorkBrands, without penalty and at StorkBrands’s own risk and expense.

10.3 Upon the return of any goods by the User in terms of clause 6.8, StorkBrands shall, at the direction of the User, either repair or replace the failed, unsafe or defective goods, or refund the price paid by the User for the goods.

10.4 If goods are repaired by or on behalf of StorkBrands and, within (3) three months after that repair, the failure, defect or unsafe feature has not been remedied; or a further failure, defect or unsafe feature is discovered in the goods, or any component thereof, StorkBrands must replace the goods or refund the price paid for the goods to the User.

10.5. StorkBrands shall not be liable to the User in terms of clauses 10.2 and 10.4 if:

  • the goods were altered by or on behalf of the User contrary to instructions given by StorkBrands and/or the manufacturer of the relevant goods;
  • the goods comply with a public regulation;
  • the unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time they were supplied to the User;
  • the User did not comply fully with instructions given to him or her for the use or consumption of the relevant goods;
  • it would be unreasonable to expect StorkBrands to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in marketing such goods to Users.

10.6. Should a User wish to purchase goods for a particular purpose, the User must specifically inform StorkBrands in writing of that particular purpose, or advise StorkBrands in writing of the use to which the User intends to apply to goods purchased from the website. StorkBrands reserves the right to refuse to sell certain goods to a User which StorkBrands believes, in its sole discretion, does not meet the particular purpose for which the User wishes to purchase such goods.

10.7. Where StorkBrands has expressly informed Users that particular goods advertised on the website for sale are in a specific condition and a User has agreed to purchase the goods in that condition, or the User has knowingly acted in a manner consistent with accepting the goods in that condition, then StorkBrands will not be held liable for any defects or shortcomings in such goods which are normally associated with the specific condition that the goods were sold in.

10.8. Any complaints regarding the standard and quality of the product or products bought by consumers through the website should be directed to StorkBrands’s Customer Relationship Manager at hello@storkbrands.com

 

  1. LIMITED OR NO STOCK

 11.1. If StorkBrands is unable to perform in terms of the agreement on the grounds that the goods or services ordered are no longer available, StorkBrands shall immediately notify the User via email of this fact and/or shall publish such notice on the website.

11.2. Any payments already made by the User for goods that are no longer in stock or that cannot be delivered by StorkBrands will be refunded to the User within 30 days after the date of such notification.

 

  1. REFUND POLICY

12.1. Refer to the full Returns Policy for details of the StorkBrands Refunds and Returns policy

 

  1. RETURNS POLICY

13.1. Refer to the full Returns Policy for details of the StorkBrands Refunds and Returns policy.

14.1. The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.

 

  1. DISPUTE RESOLUTION

15.1. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator.

15.2. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party's requirement of speedy arbitration.

15.3. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.

15.4. The arbitration shall be held in Cape Town at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

15.5. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

 

  1. AMENDMENT OF THESE TERMS 7 CONDITIONS

 16.1. StorkBrands reserves the right, at any time, to amend any of the terms and conditions set out herein.

16.2. An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.

16.3. Any amendment made to this agreement shall become binding and enforceable from the date of publication.

16.4. The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and placing any order.

16.5. If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately and should not place any orders.

 

  1. TERMINATION OF THIS AGREEMENT

 17.1. In the event of a breach of any of the terms and conditions of this agreement by either party, then the other party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages:

  • to enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or
  • to cancel this agreement.

17.2. In the event of any breach by either party, and the other party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.

 

  1. COMMUNICATION

18.1. Users may receive operational and promotional emails from StorkBrands pertinent to their order. These include but are not exclusive to: reminder emails, payment related emails, delivery emails and feedback related emails. The nature of these emails (automated) is such that the User will be unable to remotely un-subscribe to these mails. If a User discontinues using the StorkBrands website these emails will automatically discontinue. 

 

  1. GENERAL

19.1. Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.

19.2. In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

19.3. This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and StorkBrands.

19.4. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 
 
THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE OF SALE AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY PLACING AN ORDER WITH STORKBRANDS ON THE WEBSITE AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
 
These terms and conditions were last updated on 04 June 2018 and this version supercedes all previous versions published on the website before this date.

 

 

Terms & Conditions of Service

 

This website is operated by StorkBrands. Throughout the site, the terms “we”, “us” and “our” refer to StorkBrands. StorkBrands offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

  1. LEGALLY BINDING AGREEMENT

 

BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THE TERMS AND CONDITIONS SET OUT BELOW. IF THE USER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE.

 

ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT BELOW BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN STORKBRANDS (PTY) LIMITED (‘’STORKBRANDS’’) AND THE USER, WHICH AGREEMENT SHALL GOVERN THE USE OF THIS WEBSITE.

 

THE AGREEMENT BETWEEN THE USER AND STORKBRANDS IS CONSTITUTED BY THESE TERMS AND CONDITIONS, THE TERMS AND CONDITIONS OF SALE AND THE PRIVACY NOTICE, ALL OF WHICH ARE PUBLISHED ON THIS WEBSITE.

 

  1. PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008

 

2.1. IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE WEBSITE TERMS AND CONDITIONS ARE DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.

2.2. IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE WEBSITE TERMS AND CONDITIONS, PLEASE CONTACT STORKBRANDS ON (021) 401 4004 OR EMAIL: HELLO@STORKBRANDS.COM.

2.3. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:

LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF STORKBRANDS AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE;

ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;

INDEMNITIES IN FAVOUR OF STORKBANDS; OR

AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.

2.4. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.

 

  1. DEFINITIONS AND INTERPRETATION

 

3.1. In this agreement, the following terms will have the meanings assigned to them in this clause:

‘’CPA’’ means the Consumer Protection Act, 2008, as amended from time to time;

‘’ECT Act’’ means the Electronic Communications and Transactions Act, 2002, as amended from time to time;

"Intellectual Property Rights" means all patents, trademarks (registered or unregistered), service marks, design rights, copyright, trade or business names, know-how, confidential or proprietary information, databases, software or code, or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any part of the world;

‘’StorkBrands’’ means StorkBrands (Pty) Limited, trading as Mamakids;

“you/the User” means any person accessing and using this website;

‘’user account’’ means a profile created by a User on this website, which can be accessed by a user by inputting their username and password;

"user agreement" means the binding agreement constituted by the User’s acceptance of the terms and conditions contained herein, as amended from time to time;

"User Generated Content" means any information, images, comments, posts or other content created, uploaded, shared, published or distributed by a User using this website, either directly or indirectly;

‘’username’’ means the unique identifier created by a User to enable this website to identify him or her when he or she wants to access their user account;

"Website" means the website found at www.mamakids.co.za, and includes any sub-pages, content, display elements and other components making up the website, but excludes any links to external websites not associated with StorkBrands;

3.2. Any reference in this user agreement to:

the singular includes the plural and vice versa;

‘’person/s’’ includes natural and juristic person/s;

any one gender includes the other genders;

3.3. Clause headings have been inserted for reference purposes only and must not be taken into account when interpreting this user agreement.

3.4. Terms not specifically defined in clause 3.1 will be given their normal grammatical meaning, and any terms, acronyms, or phrases known in the information communication and technology industry will be interpreted in accordance with their generally accepted meaning in that industry.

3.5. Any reference to ‘’days’’ means business days, which excludes Saturday, Sunday and South African public holidays.

3.6. When calculating any number of days for the purposes of this user agreement, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.

3.7. If the due date for performing any obligation or exercising any right in terms of this user agreement is a day which is not a business day, then the due date will be the next business day.

3.8. If any obligation or act is to be performed on a particular day, it must be performed by 16h00 on that day.

3.9. No provision in this agreement must be interpreted to the disadvantage of a party because that party introduced or caused that provision to be included in this user agreement.

3.10. The word "include" means "include without limitation".

3.11. A requirement that any request, claim, demand or other communication made in terms of this user agreement must be in writing will be met it is in the form of a data message as defined in the ECT Act, and is accessible in a manner usable for subsequent reference.

3.12. All amounts quoted on this website include value-added tax (VAT), unless explicitly stated.

 

  1. DISCLOSURE OF INFORMATION IN TERMS OF SECTION 43 OF THE ECT ACT

 

4.1. The following information is disclosed in terms of section 43(1) of the ECT Act:

Website owner: StorkBrands (Pty) Limited, trading as Mamakids

Legal status of website owner: A private company with limited liability duly incorporated in South Africa

Registration number: 2011/146251/07

Registered office address: 9 Friend Street, Salt River, Cape Town, South Africa

Directors: Henri Holtzhausen

Physical business address: 9 Friend Street, Salt River, Cape Town, 7952, South Africa (at which address StorkBrands chooses as its domicilium citandi et executandi for the purposes of accepting delivery and service of all documents and process in terms of this User Agreement);

Telephone number: (021) 201 4004

Website address: http://www.mstorkbrands.co.za

Email address: hello@storkbrands.co.za

StorkBrands is not a member and/or does not subscribe to any self-regulatory or accreditation bodies.

StorkBrands does not subscribe to any code of conduct.

 

  1. NO OFFER

 

5.1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.

5.2. Unless specific arrangement is made prior to engaging with the website or placing an order, the goods and services advertised on this website are available to South African clients and delivery addresses only.

 

  1. ACCESS AND USE OF THIS WEBSITE

 

6.1. Subject to your compliance with these terms and conditions, StorkBrands grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this website and the content published herein.

6.2. This license does not entitle you to resell or otherwise make commercial use of this website or any content published therein, including any product listings, descriptions, or prices; or to create any derivative use of any content published herein.

6.3. No content published on this website may be reproduced, sold, or otherwise exploited for any commercial purpose without the prior written consent of StorkBrands.

6.4. Third party vendors, including Google, use cookies to serve ads based on a user's prior visit to this website and/or other sites on the internet.

6.5. Users may opt out of the DoubleClick cookie for interest-based advertising by vising www.aboutads.info.

 

  1. AVAILABILITY OF THE WEBSITE

 

7.1. While StorkBrands will use all reasonable endeavours to ensure that the website is available 24 hours a day with minimum disruptions, it cannot guarantee such availability.

7.2. StorkBrands will not be held liable for any loss or damage caused to a User or any third party by the non-availability or disrupted availability of this website or any part thereof.

7.3. StorkBrands is entitled, without any liability, at its sole discretion, and without any notice, to refuse, limit, suspend or interrupt access to the website or any part thereof, for any reason whatsoever.

7.4. StorkBrands reserves the right to prevent or prohibit any User from accessing or using the website as a result of any contravention by the User of these terms and conditions, or for any other reason valid in law.  

 

  1. ACCEPTABLE USE OF THE WEBSITE

 

8.1. The website may only be used by Users who are 18 years of age or older, unless they are assisted by or under the supervision of their parent or guardian.

8.2. Users warrant that they shall not, when accessing and using this website:

intentionally access or intercept any data contained in this website without authority or permission;

interfere with any data contained in this website in such a way which causes such data to be modified, destroyed or otherwise rendered ineffective;

take any action that imposes or may impose an unreasonable or disproportionately large load on the StorkBrands’s web servers and/or which impairs the functionality of the website;

use any device or computer program which is designed primarily to overcome security measures used on this website to protect data, or perform any act with regard to a username, password, access code or other similar data with the intent to unlawfully utilise such item to gain access to or interfere with data on this website;

copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for user generated content) from the website without StorkBrands’s prior written permission;

impersonate any other person or use a false or unauthorised username or password so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;

make available or upload content not owned or licensed to the User;

make use of the website to collect, harvest or otherwise obtain personal information relating to other users;

use, apart from the search facility provided on the website, any application including but not limited to any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or any content contained herein, without the prior written consent from StorkBrands;

cache any data on this website unless:

the purpose of the caching is to make the onward transmission of the content from the 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 StorkBrands.

8.3. StorkBrands may, in its sole discretion, refuse further access or use of the website to any person who contravenes the provisions of clause 8.2.

8.4. The acceptable use provisions contained in this clause may be in addition to any further acceptable use provisions relating to any specific services offered by StorkBrands on this website. 

 

  1. USER GENERATED CONTENT

 

9.1. User generated content may be posted on the website directly by a User and is not pre-screened or approved by StorkBrands. StorkBrands has the right but not the obligation to monitor and edit or remove any activity or content on the website.

9.2. StorkBrands does not accept responsibility, under any circumstances, for any user generated content but does however reserve the right, in its sole and absolute discretion, to delete any user generated content that is found to be unlawful or in contravention of these terms and conditions.

9.3. StorkBrands does not endorse any opinion, statement, recommendation, comment, reply, review or advice expressed in any user generated content and expressly disclaims any and all liability to any person who places any reliance thereon or otherwise acts in accordance therewith.

9.4. Any user generated content that is posted or transmitted by the User to or via the website shall be deemed to be non-confidential and non-proprietary. The User hereby grants StorkBrands a non-exclusive, royalty-free perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

9.5. Users who post user generated content hereby warrant that they own or are otherwise authorised to exercise the rights to such content, and that any content posted will be accurate and will not cause injury or harm to any person or entity.

9.6. Users hereby indemnify StorkBrands against all claims resulting from user generated content that is found to be infringing or harmful.

9.7. Users shall not post, distribute or transmit to or from the website any material, including but not limited to text, images, video and audio clips that:

is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;

consists of or contains commercial solicitation, political campaigning, chain letters, mass mailings, or any form of unsolicited or bulk communications;

constitutes hate speech or is likely to provoke violence;

is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;

constitutes or encourages conduct that would be considered a criminal offence, or condones or encourages unlawful activity;

is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and/or

otherwise infringes the rights of any other person.

9.8. If a person believes that any user generated content published or transmitted on or from the website does not comply with the standards set out in these terms and conditions, or that such content infringes any of their rights, they must immediately contact the StorkBrands at hello@storkbrands.com.

 

  1. Disclaimers

 

10.1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". STORKBRANDS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.

10.2. SUBJECT TO CHAPTER 7 OF THE ECT ACT, STORKBRANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY USERS OR ANY OTHER PERSONS AND RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE.

10.3. SUBJECT TO CHAPTER 7 OF THE ECT ACT AND TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, STORKBRANDS DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE USE OF THIS WEBSITE IN ANY MANNER.

10.4. STORKBRANDS HAS NO CONTROL OVER ANY USER GENERATED CONTENT AND/OR ANY OTHER THIRD PARTY INFORMATION, ADVERTS, FEATURES OR OTHER MATERIALS (‘’THIRD PARTY CONTENT’’) PUBLISHED ON THIS WEBSITE OR ACCESSIBLE ON OR FROM THIS WEBSITE. STORKBRANDS DOES NOT EXAMINE OR EDIT ANY THIRD PARTY CONTENT AND/OR DOES NOT ACT AS AN AGENT FOR ANY THIRD PARTY IN THIS REGARD. AS SUCH AND TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, STORKBRANDS DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY THIRD PARTY CONTENT.

 

  1. Indemnity

 

11.1. USERS INDEMNIFY STORKBRANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, ISPs, AGENTS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION, APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH THE USERS’ BREACH OF THIS AGREEMENT, THEIR IMPROPER USE OF THE WEBSITE OR ANY CONTENT OR SERVICES OFFERED BY THE WEBSITE OR THEIR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

  1. ELECTRONIC COMMUNICATIONS

 

12.1. Users agree to the use of electronic communications in order to place orders and/or enter into contracts with StorkBrands, and to the electronic delivery of notices and electronic retention of records of transactions initiated or completed through the website.

12.2. Electronic communications, including e-mail, SMS and instant messages, sent by Users to this website or to StorkBrands shall be deemed to be received only when acknowledged or responded to by or on behalf of StorkBrands.

12.3. Electronic communications sent by StorkBrands to Users shall be deemed as received when the complete communication enters an information system designated or used for that purpose by the User and is capable of being retrieved and processed by the User.

 

  1. MONITORING AND INTERCEPTION OF DATA MESSAGES

 

13.1. In order to provide a relevant and secure service, and where required to do so under law, StorkBrands may monitor and/or intercept electronic communications which are sent to the website, although it has no duty to monitor as a matter of general practice.

13.2. Users acknowledge that they are aware of such potential monitoring and/or interception and they consent thereto.

13.3. Where StorkBrands is required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-Related Act, 2003, any interception of communications shall be strictly carried out in accordance with the requirements of that Act.

13.4. The User acknowledges that StorkBrands serves merely as a conduit and/or host of user generated content on this website (where applicable) and StorkBrands has no knowledge of, nor interest in, user generated content hosted or published by it on this website.

 

  1. DATA PROTECTION AND SECURITY

 

14.1. While StorkBrands takes reasonable security precautions in line with generally accepted industry standards to protect the data on this website, no liability will lie for damage caused by the malicious use of this website or by destructive data or code being introduced or passed on to the User through the use of this website.

14.2. The following acts in connection with this web site are expressly prohibited:

 Gaining or attempting to gain unauthorised access to this website or any web page that forms part of this website;

Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or

Any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.

14.3. StorkBrands shall pursue the prosecution of and claim compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.

14.4. All usernames and passwords allocated to a User are personal to the User and the User shall be liable for any loss or damage sustained by the User, StorkBrands or any third party as a result of any actions by the User or any other person to whom the User has disclosed their username and password. The User shall advise StorkBrands immediately should any other person gain access to its username and/or password.

14.5. The User authorises StorkBrands to act on any request or instruction given by it and/or which purports to have been sent by the User, even if it subsequently transpires that any such request or instruction has been fraudulently submitted by another person, unless the User has notified StorkBrands upon becoming aware of any such fraudulent conduct and before StorkBrands has acted on the request or instruction.

14.6. If any security violations are reasonably believed to have occurred in connection with any User’s account, StorkBrands will notify a user immediately and take any reasonable steps to suspend the account and/or change the relevant details.

14.7. StorkBrands employs normal back-up procedures for data entered into and/or used with this website. In the event of any loss or damage to data entered into and/or used with this website, StorkBrands will use reasonable commercial efforts to restore the lost or damaged information from the latest back-up of such information maintained by it. StorkBrands shall not be responsible for any loss, destruction, alteration or disclosure of information caused by no fault on its part.

 

  1. INTELLECTUAL PROPERTY PROTECTION

 

15.1. All intellectual property rights in all content, images, software, source code, databases and other original material contained in this website, which is not attributed to a third party, is held by or licensed to StorkBrands, who hereby asserts and reserves all such rights, including its moral rights.

15.2. StorkBrands grants to Users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content on this website for their personal and non-commercial purposes only.

15.3. Any use of the content or any other part of this website which is protected under copyright must also be accompanied by the following notice: “© StorkBrands [insert year in which content is copied]. All rights reserved.”

15.4. If a User believes that this website in any way infringes a third party’s intellectual property rights, they must notify StorkBrands immediately, specifying the full details of the alleged infringement.

15.5. Users wishing to use any content for their own commercial purposes may only do so with the prior written permission of StorkBrands.

 

  1. ADVERTISING, PROMOTIONS AND COMPETITIONS

 

16.1. This website may contain third party advertising. Third party advertisers are responsible for ensuring that advertising material submitted for inclusion in this website complies with all applicable laws and regulations.

16.2. STORKBRANDS ACCORDINGLY EXCLUDES, TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, ANY RESPONSIBILITY OR LIABILITY FOR ANY ERROR OR INACCURACY APPEARING IN THIRD PARTY ADVERTISING MATERIAL.

16.3. This website may, from time to time, run competitions and other promotions. These will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.

 

  1. HYPERLINKS, DEEP LINKS, FRAMING & METADATA

 

 

17.1. The express permission in writing of StorkBrands, which may be subject to conditions, is required before any deep-linking to or framing of this website, any of its pages and/or any of the content contained on this website is carried out by any person.

17.2. Permission to link to this website is given by StorkBrands without assumption of any liability. StorkBrands reserves the right to withdraw permission granted to link to this website at any time and for any reason.

17.3. Hyperlinks contained on this website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. StorkBrands does not control or edit the content of any websites or pages linked to, and StorkBrands disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site. Use of such websites or pages linked to is accordingly exclusively at the risk of the User.

17.4. Users may not use any meta tags or any other "hidden text" which is the same as or similar to StorkBrands’s name or any of its trademarks, or to the names or trademarks associated with any of its proprietary products and services,  without the express written consent of StorkBrands.

 

  1. GOVERNING LAW

 

18.1. The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.

18.2. This website is owned, hosted and maintained within the Republic of South Africa.

18.3. When using this website and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Cape Town, South Africa.

 

  1. DISPUTE RESOLUTION

 

19.1. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator.

19.2. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party's requirement of speedy arbitration.

19.3. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.

19.4. The arbitration shall be held in Cape Town at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

19.5. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

 

  1. AMENDMENT OF THESE TERMS AND CONDITIONS

 

20.1. StorkBrands reserves the right, at any time, to amend any of the terms and conditions set out herein.

20.2. An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.

20.3. Any amendment made to this agreement shall become binding and enforceable from the date of publication.

20.4. The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and before proceeding to use it further.

20.5. If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately.

 

  1. TERMINATION OF THIS AGREEMENT

 

21.1. StorkBrands reserves the right, in its sole and absolute discretion, and with prior notification, to terminate this agreement if:

StorkBrands, in its sole discretion, regards any action or inaction by a User as an abuse of the website or any of the services or content associated with the website; and

Where events beyond the reasonable control of StorkBrands, including technical failures, prevent the continuing provision of this website.

21.2. In the event of a breach of any of the terms and conditions of this agreement by either party, then the other party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages:

 to enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or

to cancel this agreement.

21.3. In the event of any breach by either party, and the other party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.

 

  1. GENERAL

 

22.1. Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.

22.2. In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

22.3. This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and StorkBrands.

22.4. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.

 

These terms and conditions were last updated on 04 June 2018 and this version supercedes all previous versions published on the website before this date.