Web Site Terms & Conditions

THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (“USERS”) THAT ACCESS THE SOUTH AFRICAN DRIED FRUIT WEB SITE OR ANY PART THEREOF (“THE SOUTH AFRICAN DRIED FRUIT WEB SITE”) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (“ECT”) ACT 25 OF 2002. A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

IF YOU (“THE USER”) DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MUST LEAVE THE SOUTH AFRICAN DRIED FRUIT WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

THE SOUTH AFRICAN DRIED FRUIT WEB SITE IS OWNED AND OPERATED BY PIONEER FOODS (PTY) LTD (“PIONEER FOODS”) AND THERFORE THE AGREEMENT DETAILED HEREIN IS CONCLUDED BETWEEN THE USER AND PIONEER FOODS.

DEFINITIONS AND INTERPRETATION

a) References herein to the South African Dried Fruit web site or content shall include any part thereof;

b) References herein to User(s) means any person who access the South African Dried Fruit web site, notwithstanding the fact that such a person only visited the home page of the South African Dried Fruit web site;

c) References herein to the singular includes the plural and vice versa; and

d) Notwithstanding the fact that hyperlinks in these terms and conditions should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks are non-operational at any given time, shall not play a role in the validity and interpretation of these terms and conditions.

1. ALLOWED USE AND LICENSE

1.1 Pioneer Foods licenses the User to view, copy, download and print the content of the South African Dried Fruit web site, provided that:

1.1.1 Such content is used for personal, educational and/or non-commercial purposes only; and
1.1.2 Any reproduction of content from the South African Dried Fruit web site includes the following copyright notice: © PIONEER FOODS 2003. ALL RIGHTS RESERVED.

1.2 Content from the South African Dried Fruit web site shall not be used or exploited for any commercial and non-personal purposes without the prior written consent of Pioneer Foods.

1.3 Users may only access and use the South African Dried Fruit web site for legal purposes.

1.4 Use of content from the South African Dried Fruit web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:

1.4.1 Does not copy or provide the whole page, as it appears on the South African Dried Fruit web site, but only provide a short summary of the contents of the page;
1.4.2 Acknowledges Pioneer Foods as the source of the content;
1.4.3 Provides a correct and working hyperlink to the source of the content or article on the South African Dried Fruit web site;
1.4.4 Acknowledges the South African Dried Fruit web site; and
1.4.5 Includes the date upon which the content was sourced from the South African Dried Fruit web site in the summary of the content.

1.5 The caching of the South African Dried Fruit web site shall only be allowed if :

1.5.1 The purpose of the caching is to make the onward transmission of the content of the South African Dried Fruit web site more efficient;
1.5.2 The cached content is not modified in any manner whatsoever;
1.5.3 The cached content is updated at least every 24 (twenty-four) hours; and
1.5.4 The cached content is removed or updated when so required by Pioneer Foods.

1.6 If any person uses content from the South African Dried Fruit web site in breach of the provisions detailed herein:

1.6.1 Pioneer Foods reserves the right to claim damages from such person; and
1.6.2 Pioneer Foods shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.

1.7 Hyperlinks to the South African Dried Fruit web site from any other source shall be directed at the home page of the South African Dried Fruit web site. Pioneer Foods shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the South African Dried Fruit web site, if such content was accessed through a hyperlink not directed at the home page of the South African Dried Fruit web site. Persons that wish to link to content beyond the home page of the South African Dried Fruit web site shall do so at their own risk and undertake to indemnify Pioneer Foods against any loss, liability or damage that may result from content on the South African Dried Fruit web site, if such content was accessed through a hyperlink not directed at the home page of the South African Dried Fruit web site.

Pioneer Foods’ non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

1.8 Users may quote small and reasonable amounts of content available from the South African Dried Fruit web site only if such quote is placed in inverted commas, Pioneer Foods is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.

1.9 No person may frame the South African Dried Fruit web site, in any manner, without the prior written consent of Pioneer Foods.

1.10 Apart from bona-fide search engine operators and use of the search facility provided on the South African Dried Fruit web site (if any) by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the South African Dried Fruit web site for any purposes, without the prior written consent of Pioneer Foods.

1.11 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 Pioneer Foods at any time without giving reasons therefore.

2. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

2.1 All intellectual property on the South African Dried Fruit web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Pioneer Foods and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 1 above, all other rights to intellectual property on the South African Dried Fruit web site are expressly reserved.

2.2 “Pioneer Foods” is a registered trademark and Users agree not to use the Pioneer Foods trademark or any trademarks registered to Pioneer Foods, including the South African Dried Fruit trademark or any mark that may be confusingly similar to those trademarks, as elements of a domain name or sub domain name, notwithstanding the fact that such domain name registration and/or use may be allowed in terms of local and/or international trademark and/or constitutional law. Upon request to do so by Pioneer Foods, a User shall immediately cease to use such domain name and transfer it to Pioneer Foods at the cost of the User.

3. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the South African Dried Fruit web site.

4. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services and content available from the South African Dried Fruit web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the Act and Pioneer Foods has the duty to disclose the following information:

4.1 The full name and legal status of the web site owner: Pioneer Foods (Pty) Ltd Reg. no.: 1957/000634/07;

4.2 Street address: 32 Market Street, Paarl, 7645, South Africa;

4.3 Postal address: PO Box 20, Huguenot, 7645, South Africa;

4.4 Physical address for receipt of legal service: 32 Market Street, Paarl, 7645, South Africa;

4.5 Telephone: +27 (0) 21 807 5100;

4.6 Fax: +27 (0) 21 807 5280;

4.7 Main business: Main business of Pioneer Foods is the manufacturing, marketing, selling and distribution of food and food related products;

4.8 The web site addresses of the Pioneer Foods web site: www.pnr.co.za and www.pioneerfoods.co.za;

4.9 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of Pioneer Foods may be downloaded from: http://www.pioneerfoods.co.za/manual.doc

4.10 Management: The identities and contact details of the Pioneer Foods management team are available from: http://www.pioneerfoods.co.za/display.asp?id=7&linktype=1

4.11 Costs: Access to content on the South African Dried Fruit web site is free to any person who subscribes to these terms and conditions;

4.12 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

4.12.1 Access to the South African Dried Fruit web site;
4.12.2 The inability to access the South African Dried Fruit web site;
4.12.3 The services and content available from the South African Dried Fruit web site; or
4.12.4 These terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Paarl in English or Afrikaans. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za; and

4.13 User may lodge complaints concerning the South African Dried Fruit web site with Pioneer Foods, the Advertising Standards Authority or the Consumer Affairs Committee.

5. CHANGES AND AMENDMENTS

Pioneer Foods expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

5.1 change these terms and conditions;

5.2 change the content and/or services available from the South African Dried Fruit web site;

5.3 discontinue any aspect of the South African Dried Fruit web site or service(s) available from the South African Dried Fruit web site; and/or

5.4 change the software and hardware required to access and use the South African Dried Fruit web site.

6. PRIVACY

6.1 Pioneer Foods shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

6.2 Pioneer Foods may electronically collect, store and use the following personal information of Users:

6.2.1 Name and surname;
6.2.2 Country of residence;
6.2.3 Closest city;
6.2.4 Non-personal browsing habits and click patterns;
6.2.5 E-mail address; and
6.2.6 IP address.

6.3 Pioneer Foods collects, stores and uses the abovementioned information for the following purposes:

6.3.1 To greet the User when he/she accesses the South African Dried Fruit web site;
6.3.2 Subject to the User’s consent, inform the User of facts relating to his/her access and use of the South African Dried Fruit web site;
6.3.3 Subject to the User’s consent, inform the User about competitions and special offers from Pioneer Foods and/or its partners / affiliates;
6.3.4 To provide the User with targeted advertising when he/she accesses the South African Dried Fruit web site or the web sites of Pioneer Foods partners / affiliates; and
6.3.5 To compile non-personal statistical information about browsing habits, click-patterns and access to the South African Dried Fruit web site.

6.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

6.5 The User may elect not to receive any communications from Pioneer Foods and/or its partners / affiliates.

6.6 Pioneer Foods may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

6.6.1 Pioneer Foods shall not disclose personal information from Users unless the User consents thereto;
6.6.2 Pioneer Foods shall disclose information without the User’s consent only through due legal process; and
6.6.3 Pioneer Foods may compile, use and share any information that does not relate to any specific individual.

6.7 Pioneer Foods owns and retains all rights to non-personal statistical information collected and compiled by Pioneer Foods.

7. HYPERLINKS TO THIRD PARTY SITES

Pioneer Foods may provide hyperlinks to web sites not controlled by Pioneer Foods or its subsidiaries (“target sites”) and such links do not imply any endorsement, agreement on or support for the content of such target sites. Pioneer Foods 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.

8. SECURITY

8.1 Pioneer Foods shall take all reasonable steps to secure the content of the South African Dried Fruit web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Pioneer Foods does not make any warranties or representations that content shall be 100% safe and secure.

8.2 Pioneer Foods is under no legal duty to encrypt any content or communications from and to the South African Dried Fruit web site and is also under no legal duty to provide digital authentication of any page on the South African Dried Fruit web site.

8.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the South African Dried Fruit web site or the server and computer network that support the South African Dried Fruit web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the South African Dried Fruit web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Pioneer Foods harmless against any and all liability, damages and losses Pioneer Foods and its partners / affiliates may suffer as a result of such damaging code.

8.4 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Pioneer Foods and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Pioneer Foods (including its owners, employees, suppliers, subsidiaries, sister companies, contractors, consultants, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

9.1.1 Access to the South African Dried Fruit web site;
9.1.2 Access to web sites linked to the South African Dried Fruit web site;
9.1.3 Inability to access the South African Dried Fruit web site;
9.1.4 Inability to access web sites linked to the South African Dried Fruit web site;
9.1.5 Content available on the South African Dried Fruit web site;
9.1.6 Services available from the South African Dried Fruit web site;
9.1.7 Any other reason not directly related to Pioneer Foods’ gross negligence.

9.2 The South African Dried Fruit web site 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 himself or herself, prior to entering into this agreement with Pioneer Foods, that the content and services available from and through the South African Dried Fruit web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

9.3 Information, ideas and opinions expressed on the South African Dried Fruit web site should not be regarded as professional advice or the official opinion of Pioneer Foods and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the South African Dried Fruit web site.

9.4 This web site is directed primarily at Users in the Republic of South Africa and therefore Pioneer Foods shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.

9.5 Pioneer Foods does not make any warranties or representation that content and services available from the South African Dried Fruit web site will in all cases be true, correct or free from any errors. Pioneer Foods shall take all reasonable steps to ensure the quality and accuracy of content available from the South African Dried Fruit web site.

9.6 Pioneer Foods does not make any warranties or representations that the South African Dried Fruit web site shall be available at all times. Users acknowledge that the South African Dried Fruit web site may be unavailable due to updates or other causes beyond the reasonable control of Pioneer Foods, including, but not limited to virus infection, power failure or other “acts of God”.

10. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the South African Dried Fruit web site to Pioneer Foods and Pioneer Foods 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.

11. INTERCEPTION OF COMMUNICATIONS

11.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Pioneer Foods’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the South African Dried Fruit web site or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

11.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.

12. ENTIRE AGREEMENT AND SEVERABILITY

12.1 These terms and conditions constitute the entire agreement between Pioneer Foods and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Pioneer Foods from the User.

12.2 Any failure by Pioneer Foods to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

12.3 In the event that any term or condition detailed herein is found unenforceable or invalid 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.

13. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Pioneer Foods agree that:

13.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town at the time the User enters the South African Dried Fruit web site for the first time or immediately after the User indicated consent as required during the “Sign me in” process;

13.2 data messages (as defined in the ECT Act) addressed by the User to Pioneer Foods shall only be deemed to have been received by Pioneer Foods if Pioneer Foods responds thereto;

13.3 data messages (as defined in the ECT Act) addressed to the User by Pioneer Foods shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

13.4 data messages (as defined in the ECT Act) addressed by the User to Pioneer Foods shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;

13.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Pioneer Foods; and

13.6 the User agrees and warrants that data messages that are sent to Pioneer Foods 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.

14. APPLICABLE AND GOVERNING LAW

The South African Dried Fruit web site 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 South African Dried Fruit web site, its content, services and these terms and conditions.

15. LEGAL COSTS

Pioneer Foods shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

S.A.D