Welcome, dear visitor, to the Terms of Use page of the Bryanston Organic & Natural Market. Terms of Service / Terms and Conditions of Use About us The Bryanston Organic & Natural Market is operating as a market that provides visitors access to a vast variety of artisanal products that are locally produced from organic and natural sources. Customers can visit the market in Bryanston and buy from a big selection of products from the stallholders present. Several restaurants offer wholesome and nutritious meals, drinks and beverages.
The Bryanston Organic & Natural Market promotes those products and activities that aid the healing of the earth and its people. The market provides a holistic, supportive environment for farmers, artists, crafters and musicians to earn a living and express their gifts.
The Bryanston Organic & Natural Market will soon be providing an online shop offering natural and organic products sold by selected stallholders and online suppliers (collectively referred to as online suppliers).
The Bryanston Organic & Natural Market allows registered stallholders and suppliers to share their business profile and to list and display their products on this Site.
The Bryanston Organic & Natural Market allows registered users and ‘guest users’ to select products and to purchase products from online suppliers through this Site once the online shop is running.
This is an agreement between The Bryanston Organic & Natural Market (hereinafter referred to as “the Market"), the owner and operator of this Site (hereinafter referred to as the “Site”), the Market software, collectively, including all content provided by the Market through the Market and the Site, or the "Service"), and you (“User” or “You” or “you” or “Your” or “your”) a user of the Site.
BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF THE SITE, AND THE MARKET’S PRIVACY POLICY, WHICH CAN BE FOUND ON THE SITE AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service and/or the Site. This Site is offered to You conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Site in any manner, You agree to be bound by the Agreement.
You may use this Site to browse the content and to use the services offered on this Site. You agree to use this Site and submit information at your own risk.
These Terms of Use were made effective on 19 December 2016 and may change at any time at the Market’s discretion. Please review the Terms of Use each time you visit this Site. By using this Site, you affirmatively accept these Terms of Use.
Be sure to return to this page from time to time to review the most current version of the Agreement. The Market reserves the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified Agreement.
As a condition of your use of this Site, You warrant that all information supplied by You on this Site is true, accurate, current and complete.
The language of choice of the Market for the Site is English and even though the service may be viewed in other languages, the Market shall not be held liable for incorrect translation of any language, information or interpretation from English to any other language.
The Market retains the right at our sole discretion to deny access to anyone to this Site and the services The Market offers, at any time and for any reason, including, but not limited to, for violation of this Agreement.
This Site contains information about the products sold by the Market’s stallholders and online suppliers and is intended for informational purposes only. The Market further does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. This Site, the content hereof and the online services are the property of, and all proprietary rights therein, vest in the Market, alternatively are licensed to the Market. The Market owns or has license to use the information on this Site, including the names of the stallholders, online suppliers and their products. The materials are protected by copyright laws. This means that you can download or print the information provided for your personal use only. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the Site (whether registered or not), vest in the Market or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of the Market. The User furthermore acknowledges that the information and documentation contained in this Site is the proprietary information and copyrighted material of the Market or is licensed to the Market and that no party is entitled to use or exploit in any manner whatsoever, any of the proprietary information or copyrighted material of the Market without the prior written consent of the Market. The User shall not, other than for his personal and non-commercial use (a) store on his computer, or print copies of extracts from this Site; (b) mirror or cache information provided via this Site on his own server or other computer or other storage facility of whatsoever nature; or (c) copy, adapt, modify or re-use the text or graphics from this Site, without the prior written consent of the Market.
The Market hereby grants the User a non-exclusive, limited, and revocable license to link to this Site. At any time, the Market reserves the right to revoke this license generally, or your right to use specific links on this Site. If the Market revokes this license, you agree to remove and disable any and all of your links to this Site immediately.
If you use the Market’s materials or trademarks in violation of these Terms of Use, then you are violating your agreement with the Market and may be in violation of copyright, trademark, and other laws. If the Market determines that you have violated these Terms of Use, the Market will revoke your permission to use this Site. The Market retains title to the information on this Site and title to the information also remains with authors of the information on this Site. All rights not expressly granted are reserved.
These Terms of Use apply to all Users of the Site Information provided by our Users through the Site may contain links to third party Sites that are not owned or controlled by the Market.
This Site and online services may also make available other services, service providers, dealings, Sites and/or web pages operated by third parties offering material, information and online services (the "third party service"). The use of the third party services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites (if any). Third party services are made available only as a convenience, and the inclusion within the online services of any link to a third party service does not imply endorsement by the Market of the operator of such site or any association between the Market and such operator. Any direct dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site, the Market will not be responsible or liable for any part of any such dealings. The Market has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Sites.
By using the Service, You expressly acknowledge and agree that the Market shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party Site.
These terms and conditions of use regulate access to and use of this Site. Please note that these terms and conditions are valid, binding and enforceable against all persons that access and/or use the Market Site, web pages or any part hereof. The User is automatically bound by these terms and conditions by virtue of accessing this Site. OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these terms and conditions since they limit the User’s ability to recover losses which the User may incur in connection with the use of this Site.
The Market reserves the right, in its sole discretion, to: (a) change these terms and conditions without notice to the User; (b) change the content and/or services available on or through the Site; (c) discontinue any aspect of the Site or service(s) available from the Site; and/or (d) delete the Site. The User is responsible for reviewing these terms and conditions each time it uses the Site and online services. The User’s continued use of the Site and online services constitutes the User’s agreement to the then current terms and conditions.
THE USE OF THIS SITE AND ONLINE SERVICES IS AT THE USER’S OWN RISK. IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL THE MARKET, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, VIRUSES, WORMS, SPAM, WHETHER OR NOT THE MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES, MATERIALS OR INFORMATION, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE ONLINE SERVICES, MATERIALS OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE ONLINE SERVICES OR SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY SITE REFERENCED OR LINKED TO FROM THE ONLINE SERVICES FEATURE.
If You are a consumer you have certain rights under South Africa’s e-commerce legislation Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”). If You are a consumer as defined in the ECT Act and the goods and services You are using are not excluded from protection, You may have certain rights as a consumer under Chapter VII of the ECT Act.
A consumer is defined in the ECT Act as a natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier.
For more information on these rights visit Acts Online or
www.acts.co.za or
http://www.acts.co.za/ect_act/index.htm and see Chapter VII. If You need more information about this please contact The Market. Nothing in this Agreement will be interpreted to deny consumers of any of the rights given to them under the ECT Act.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Market. The Market cannot be held liable for illegal or unconstitutional content. The User indemnifies the Market from all liability in this regard.
1. Subject to your compliance with these Terms of Use, the Market hereby grants You permission to use the Service, provided that:
1.1. your use of the Service as permitted is solely for your use, and You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Use;
1.2. You shall not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium whatsoever, unless through the various social media platforms and only as permitted by the Market; and
1.3. You shall otherwise comply with the terms and conditions of these Terms of Use and Privacy Policy.
2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.
3. The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Site is not permitted.
4. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service for any commercial or spam purposes. You agree not to spam, or solicit any Users of the Service.
5. The design of the Site along with the Market created text, scripts, graphics, interactive features, the trademarks, service marks and logos contained therein are owned by the Market, subject to copyright and other intellectual property rights under the Republic of South Africa and foreign laws and international conventions. The Site is provided to You AS IS for your information and use only.
6. The Market reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted herein.
7. The Market reserves the right to discontinue any aspect of the Site at any time.
8. You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, the Market, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.
9. The Market makes no warranties or representations about the accuracy or completeness of this Site’s content and assumes no liability or responsibility whatsoever. The User understands that when using this Site and online services, the User will be exposed to content from a variety of sources. While the Market strives to keep the information correct and up to date, this Site and online services and other services and materials could include technical or other mistakes, inaccuracies or typographical errors or offensive, indecent, or objectionable content. If the User does so object, the User should not use this Site and/or the online services. The information, services and materials may be out of date, and the Market gives no undertaking of any manner whatsoever to update such information, services or materials. Any information contained on our Site, is intended for general information purposes only, and is not meant to be an endorsement or representation by the Market or any other party, and should in no way be construed as professional advice. The User should refrain from making any business decisions on the basis of this information without consulting the Market for advice related to your specific and precise requirements. Any reliance the User places on any content is strictly at the User’s own risk.
10. The Market does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked Site or other advertising, and the Market will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
11. In no event shall the Market, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, or consequential damages whatsoever resulting from any:
11.1. Errors, mistakes, or inaccuracies of content inter alia, pricing, availability, specials and advertising,
11.2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
11.3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
11.4. Any interruption or termination of transmission to or from our servers,
11.5. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party,
11.6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Market service, whether based on warranty, contract, or any other legal theory, and whether or not the Market is advised of the possibility of such damages, and/or
11.7. The disclosure of information pursuant to these Terms of Use or Privacy Policy. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12. The Market may from time to time supply Users with information including but not limited statistics, comparisons and/or data collected on/by the Site, the Market shall not be held liable for the accuracy of this information, statistics, comparisons and/data.
13. Please be aware that by submitting content to this Site, postings on this Site or otherwise, including but not limited to hotel information, reviews, questions, comments, suggestions, ideas, You grant the Market a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
13.1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such content in any media; and
13.2. use the name that you submit in connection with such content, posting or otherwise.
14. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
15. The User agrees that it will only use this Site, the information contained herein and the online services in respect of the specific purposes for which it is created. In using the Site, information or online services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites; (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files; (c) create a false identity; (d) use or attempt to use another's account, password, service or system without authorization from the Market; (e) access or attempt to access any service or content which the User is not authorized to access; (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites; (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others; (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same; (k) advertise or offer to sell or buy any goods or services for any purpose; (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
16. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
16.1. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
16.2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law,
16.3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
16.4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including The Market;
16.5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
16.6. Private information of any third party, including, without limitation, surname, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
16.7. Viruses, corrupted data or other harmful, disruptive or destructive files; or
16.8. Content or links to content that, in the sole judgment of the Market,
16.8.1. violates the terms and conditions of this Agreement,
16.8.2. is objectionable,
16.8.3. which restricts or inhibits any other person from using or enjoying the Site in any way whatsoever, or
16.8.4. which may expose the Market or its affiliates or its users to any harm or liability of any type.
17. The Site is controlled and offered by the Market from its facilities in the Republic of South Africa. The Market makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
18. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set out in these Terms of Use, and to abide by and comply with these Terms of Use.
19. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Market without restriction.
20. In the event of a dispute as to the content of these Terms of Use at any time, a certificate signed by the administrator responsible for maintaining the Site shall be prima facie proof of the date of publication and content of the current version and all previous versions of these Terms of Use.
21. You agree that:
21.1. the Site shall be deemed solely based in the Republic of South Africa;
21.2. the Site shall be deemed a passive server that does not give rise to personal jurisdiction over the Market, either specific or general, in jurisdictions other than the Republic of South Africa; and
21.3. that you agree to subject to the jurisdiction of the Republic of South Africa, more specifically the South Gauteng High Court, in the event of any legal dispute.
21.4. These Terms of Use shall be governed by the laws of the Republic of South Africa.
21.5. Any claim or dispute between You and the Market that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction, more specifically the South Gauteng High Court, of South Africa.
22. These Terms of Use, together with the Privacy Policy and any other legal notices published by the Market, shall constitute the entire Agreement between You and the Market concerning the Site.
23. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
24. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Market's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
25. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Site. Your continued use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
QUESTIONS ABOUT THIS SITE
Please contact the Market with questions about this Site.
Bryanston Organic & Natural Market
40 Culross Rd Bryanston
enquiries@bryanstonorganicmarket.co.za
Tel: 011 706 3671
Date: 19 December 2016
Version: 1.0