Website Terms of Use

By Using Our Site You Accept These Terms

 

This website (www.klipopmekaar.co.za) (the “Site”) is operated by Cedar Vista Farming CC.

 

Please read these Terms carefully and ensure that you understand them before using our Site. These Website Terms of Use (the “Terms”), together with any other documents referred to in these Terms, set out the terms governing your use of this Website.

 

Your agreement to comply with these Terms is indicated by your use of the Website. If you do not agree to these Terms, you must stop using our Site immediately.

 

Klipopmekaar is an organic Rooibos tea farm which supplies specialty and premium tea brands direct with top quality rooibos.

 

Last updated: 1 September 2021

1. Definitions and interpretation

 

The following definitions shall apply in these Terms:

 

  1. “Content”: means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site;
  2. “you”: you, being a user of our Site;
  3. “Klipopmekaar, we or us”: Vista Farming CC, a close corporation registered in South Africa with number 2007/102055/23 and registered address at 292 Cape Holly Road, De Goede Hoop Estate, Noordhoek, 7979, South Africa.
  4. “site”: website that you are currently using (www.klipopmekaar.co.za) and any sub-domains of this site.

2. Information about us

 

  1. Our Site is operated by Cedar Vista Farming CC. 
  2. We are a close corporation registered in South Africa under company number 2007/102055/23. 
  3. Our registered address is 292 Cape Holly Road, De Goede Hoop Estate, Noordhoek, 7979, South Africa. Our farm address is Klipopmekaar Rooibos Farm, Agter-Pakhuis, Clanwilliam, 8135.
  4. Our VAT number is 4 870 239 110

3. How to contact us

 

To contact us, please email us at richard@klipopmekaar.co.za or call us on +27 21 789 0288

 

4. Access and changes to our Site

 

  1. Access to our Site is free of charge.
  2. It is your responsibility to make the arrangements necessary in order to access our Site.
  3. Access to our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue the Site at any time. We do not guarantee that the Site will always be available or that access to it will be uninterrupted.
  4. We may alter and update our Site at any time.

5. Changes to these Terms 

 

  1. We may alter these Terms at any time. As explained above, your use of our Site constitutes your acceptance of these Terms. Consequently, any changes made to these Terms will apply to your use of the Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use our Site.
  2. If any part of the current version of these Terms conflicts with any previous version(s), the current version shall prevail unless we explicitly state otherwise.

6. How you may use our Site and Content (intellectual property rights)

 

  1. All Content included on our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by us, unless specifically labelled otherwise. All Content is protected by applicable intellectual property laws and treaties.
  2. You may access, view, and use our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download our Site for caching (this usually occurs automatically).
  3. You may print copies and download extracts of any page(s) from the Site for personal use.
  4. Our status as the owner and author of the Content on our Site (or that of identified licensors, as applicable) must always be acknowledged.
  5. You may not use any Content from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of the Site for general information purposes by business users or consumers.

7. Links to our Site

 

  1. You may link to any page on our Site.
  2. Links to our Site must be fair and lawful. You must not take unfair advantage of our reputation or attempt to damage our reputation.
  3. You must not link to our Site in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none).
  4. Your link should not use any logos or trade marks displayed on our Site without our express written permission.
  5. You must not frame or embed our Site on another website without our express written permission.
  6. You may not link to our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that we deem to be otherwise objectionable.

8. Links to other websites

 

  1. Links to other websites may be included on our Site. Unless expressly stated, these sites are not under our control. We accept no responsibility or liability for the content of third-party websites.
  2. The inclusion of a link to another website on our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

9. Disclaimers

 

  1. Nothing on our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
  2. We make reasonable efforts to ensure that the Content on our Site is complete, accurate, and up to date, but we make no warranties, representations, or guarantees (express or implied) that this will always be the case.
  3. If you are a business user, we exclude all implied representations, warranties, conditions, and other terms that may apply to our Site and Content.

10. Our liability

 

  1. Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
  2. If you are a business user (i.e. you are using our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, we accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, delict or tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
  3. If you are a business user, we accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  4. If you are a consumer, you agree that we shall have no liability to you for any business losses as set out above.

11. Viruses, malware, and security

 

  1. We exercise reasonable skill and care to ensure that our Site is secure and free from viruses and malware; however, we do not guarantee that this is the case.
  2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.
  4. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
  5. You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  6. By breaching the provisions of clauses 11.3 to 11.5, you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.

12. Acceptable usage of our Site

 

  1. You may only use our Site in a lawful manner:
        1. you must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
        2. you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent; and
        3. You must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
  2. If you fail to comply with the provisions of this clause 12, you will be in breach of these Terms. We may take one or more of the following actions in response:
        1. suspend or terminate your right to use our Site;
        2. issue you with a written warning;
        3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        4. take further legal action against you, as appropriate;
        5. disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
        6. any other actions which we deem reasonably appropriate (and lawful).
  3. We hereby exclude any and all liability arising out of any actions that we may take (including, but not limited to those set out above in clause 12.2) in response to your breach.

13. Law and Jurisdiction

 

These Terms are governed by the laws of South Africa. Any dispute relating to these Terms shall fall within that jurisdiction.