Agreement between User and VEA FOODS (Pty) Ltd

The VEA FOODS (Pty) Ltd website is comprised of various Web pages operated by VEA FOODS (Pty) Ltd.

The VEA FOODS (Pty) Ltd Website is offered to you on your unconditional acceptance of the same without modification of any of the terms, conditions and notices contained herein. Your use of the VEA FOODS (Pty) Ltd Website constitutes your unconditional and irrevocable agreement to and acceptance of all such terms, conditions, and notices.

Modification of these Terms of Use

VEA FOODS (Pty) Ltd reserves the right to change the terms, conditions, and notices under which the VEA FOODS (Pty) Ltd Website is offered, including but not limited to the charges associated with the use of the VEA FOODS (Pty) Ltd Website. VEA FOODS (Pty) Ltd may at its discretion (without in any manner being answerable and/or called upon to justify) amend these Terms of Use at any time by updating this page. Any changes to these Terms of Use shall also be binding on you. You agree that your continued use of the VEA FOODS (Pty) Ltd Websites or VEA FOODS (Pty) Ltd services shall constitute your agreement to such amendments to these Terms of Use.

Links to third-party Sites

The VEA FOODS (Pty) Ltd Website may contain links to other Websites including but not limited to links to third-party Websites (“Linked Sites”). The Linked Sites are not under the control or operation of VEA FOODS (Pty) Ltd and VEA FOODS (Pty) Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VEA FOODS (Pty) Ltd is not responsible for webcasting, or any other form of transmission received from any Linked Site. VEA FOODS (Pty) Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VEA FOODS (Pty) Ltd of the site or any association with its operators and is further not responsible for the content or privacy policy or practices of any linked site you may choose or visit. If you decide to access a linked third-party Website, you do so at your own risk.

No Unlawful or Prohibited Use

As a condition of your use of the VEA FOODS (Pty) Ltd Website, you covenant, undertake, and warrant to VEA FOODS (Pty) Ltd that you will not use the VEA FOODS (Pty) Ltd Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the VEA FOODS (Pty) Ltd Website in any manner which could damage, disable, overburden, or impair the VEA FOODS (Pty) Ltd Website or interfere with any other party’s use and enjoyment of the VEA FOODS (Pty) Ltd Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the VEA FOODS (Pty) Ltd Websites.

You agree that you shall NOT do any of the following, nor use the VEA FOODS (Pty) Ltd Websites to do any of the following:

upload, post, email, transmit or otherwise make available any information, material, or other content (collectively “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, pornographic, libellous, invasive of another’s privacy, false, inaccurate, misleading, incomplete, stale, hateful, or racially, ethnically, or otherwise objectionable, offensive or inappropriate;

harm minors in any way;

impersonate any person or entity, including but not limited to a VEA FOODS (Pty) Ltd employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the VEA FOODS (Pty) Ltd Websites;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights, publicity rights, privacy rights or other rights of VEA FOODS (Pty) Ltd or any third party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising; upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

interfere with or disrupt the VEA FOODS (Pty) Ltd Websites or servers or networks connected to the VEA FOODS (Pty) Ltd Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the VEA FOODS (Pty) Ltd Websites; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the South African Government as a foreign terrorist organisation;

“stalk” or otherwise harass another user or third-party;

collect or store personal data about other users or third party; send email in violation of any South African Enactment or Statute for the time being in force or any other applicable anti-“spam” law to VEA FOODS (Pty) Ltd, or any third party;

use any device, software or routine, including but not limited to any viruses, spyware, malware, trojan horses, worms, time bombs, cancel bots or denial-of-service attacks, intended to damage or interfere with the proper working of the VEA FOODS (Pty) Ltd Websites or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the VEA FOODS (Pty) Ltd Websites;

“frame” or “mirror” the VEA FOODS (Pty) Ltd Websites or any portion thereof;

take any action that imposes an unreasonable or disproportionately large load on the VEA FOODS (Pty) Ltd infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques;

use the VEA FOODS (Pty) Ltd Websites in any manner if you are a competitor of VEA FOODS (Pty) Ltd, including without limitation soliciting Professional / Candidates, or Employees of VEA FOODS (Pty) Ltd for any purpose whatsoever;

resell or make available to any non-user any of the VEA FOODS (Pty) Ltd services, the VEA FOODS (Pty) Ltd Websites or any content on the VEA FOODS (Pty) Ltd Websites, or use the VEA FOODS (Pty) Ltd Websites for any unlawful, commercial, research or information gathering purposes; or

delete or revise any material posted by another User on the VEA FOODS (Pty) Ltd Websites, access data not intended for you on the VEA FOODS (Pty) Ltd Websites, or log into an account which you are not authorised to access.

Please report any prohibited conduct by other Users to [email protected] VEA FOODS (Pty) Ltd is under no obligation to monitor the conduct of Users on the VEA FOODS (Pty) Ltd Websites or any materials posted thereon, but it may respond when violations are reported. You acknowledge and agree that the Company has the right (but not the obligation) to monitor the VEA FOODS (Pty) Ltd Websites including without limitation all postings by various Users. Without Prejudice to the VEA FOODS (Pty) Ltd other rights as set forth in these Terms of Use, VEA FOODS (Pty) Ltd reserves its right, with or without notice to the applicable User, to remove content posted by a User on the VEA FOODS (Pty) Ltd Websites, remove any User from the VEA FOODS (Pty) Ltd Websites, and/or take any other technical or legal action VEA FOODS (Pty) Ltd deems necessary in the event that VEA FOODS (Pty) Ltd believes, in its sole discretion, that the User is creating problems, possible legal liabilities, violating these Terms of Use, or otherwise acting inconsistently with the letter or spirit of VEA FOODS (Pty) Ltd policies. VEA FOODS (Pty) Ltd also reserves its right to report any wrongdoing of which VEA FOODS (Pty) Ltd becomes aware to the applicable government or law enforcement agencies or otherwise.

Use of Communication Services

The VEA FOODS (Pty) Ltd Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.

VEA FOODS (Pty) Ltd has no obligation to monitor the Communication Services. However, VEA FOODS (Pty) Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VEA FOODS (Pty) Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

VEA FOODS (Pty) Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VEA FOODS (Pty) Ltd sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. VEA FOODS (Pty) Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, VEA FOODS (Pty) Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised VEA FOODS (Pty) Ltd spokespersons, and their views do not necessarily reflect those of VEA FOODS (Pty) Ltd.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to VEA FOODS (Pty) Ltd or Posted on Any VEA FOODS (Pty) Ltd Website

VEA FOODS (Pty) Ltd does not claim ownership of the materials you provide to VEA FOODS (Pty) Ltd (including feedback and suggestions) or post, upload, input or submit to any VEA FOODS (Pty) Ltd Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting VEA FOODS (Pty) Ltd, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. VEA FOODS (Pty) Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in VEA FOODS (Pty) Ltd sole discretion.

However, you hereby grant a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right and license to use, distribute, disclose, reproduce and display any information, materials or content you post on the VEA FOODS (Pty) Ltd Websites or otherwise provide VEA FOODS (Pty) Ltd, and to exercise all copyright and publicity rights with respect thereto, subject to the VEA FOODS (Pty) Ltd Privacy Policy. Without limiting the generality of the foregoing, you authorise VEA FOODS (Pty) Ltd to disclose your information to other Users as described in these Terms of Use and else whereon the VEA FOODS (Pty) Ltd Websites, subject to the VEA FOODS (Pty) Ltd Privacy Policy. In addition, you hereby grant VEA FOODS (Pty) Ltd permission to display your logo, trademarks, and company name on the VEA FOODS (Pty) Ltd Websites and in press or other public releases or filings. By submitting any information, materials, or content on the VEA FOODS (Pty) Ltd Websites or otherwise to VEA FOODS (Pty) Ltd, you acknowledge, represent, and warrant that you have all right and authority to grant such rights to VEA FOODS (Pty) Ltd.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products, and services included in or available through the VEA FOODS (Pty) Ltd website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. VEA FOODS (Pty) Ltd and/or its authorised suppliers may make improvements and/or changes in the VEA FOODS (Pty) Ltd website at any time. advice received via the VEA FOODS (Pty) Ltd website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. VEA FOODS (Pty) Ltd and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the VEA FOODS (Pty) Ltd website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind.

VEA FOODS (Pty) Ltd and/or its suppliers hereby disclaim all warranties and conditions with regards to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall VEA FOODS (Pty) Ltd and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the VEA FOODS (Pty) Ltd website, with the delayer inability to use the VEA FOODS (Pty) Ltd website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the VEA FOODS (Pty) Ltd website, or otherwise arising out of the use of the VEA FOODS (Pty) Ltd website, whether based on contract, tort, negligence, strict liability or otherwise, even if VEA FOODS (Pty) Ltd or any of its suppliers has been advised of the possibility of damages, Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the VEA FOODS (Pty) Ltd website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the VEA FOODS (Pty) Ltd website.

SERVICE CONTACT: [email protected]

Ownership

The VEA FOODS (Pty) Ltd Services, VEA FOODS (Pty) Ltd Websites (including all content thereon) and all intellectual property rights in or related to the VEA FOODS (Pty) Ltd Websites, including but not limited to copyrights, patents, trademarks, service marks and any feedback left by Users on the VEA FOODS (Pty) Ltd Websites, are owned and/or licensed by VEA FOODS (Pty) Ltd and all rights, title and interest in the VEA FOODS (Pty) Ltd Websites, the VEA FOODS (Pty) Ltd related services and the related intellectual property rights, are and shall remain VEA FOODS (Pty) Ltd sole property. This includes, without limitation, the “veafoods.co.za” and all sites linked to the URL, veafoods.co.za including the veafoods.co.za design logo, and certain other names and logos used by VEA FOODS (Pty) Ltd, all of which are service marks or trademarks of VEA FOODS (Pty) Ltd. This also includes, without limitation, the “look and feel” of the VEA FOODS (Pty) Ltd Websites (including design, layout, colour combinations, button shapes and other graphical elements), which is protected by VEA FOODS (Pty) Ltd service marks, trademarks, and copyrights.

You may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works of or with respect to the VEA FOODS (Pty) Ltd related services, VEA FOODS (Pty) Ltd Websites or the related intellectual property, and these Terms of Use do not grant you permission to do so. You may not reproduce, modify, display, sell or distribute the content on the VEA FOODS (Pty) Ltd Websites or use it in any other way for public or commercial purpose. VEA FOODS (Pty) Ltd authorises you to view and download a single copy of the content on the VEA FOODS (Pty) Ltd Websites solely for your personal, non-commercial use. Certain content on the VEA FOODS (Pty) Ltd Websites may be licensed from third parties. All such third-party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the VEA FOODS (Pty) Ltd Websites, including any VEA FOODS (Pty) Ltd Websites content.

Without limiting any other rights or remedies VEA FOODS (Pty) Ltd may have under these Terms of Use or otherwise, VEA FOODS (Pty) Ltd may limit, suspend, or terminate the VEA FOODS (Pty) Ltd related services, limit or prohibit access to the VEA FOODS (Pty) Ltd Websites, modify or remove content on the VEA FOODS (Pty) Ltd Websites, including without limitation eliminating or discontinuing any content or feature thereon or thereof, or restrict the hours of availability of the VEA FOODS (Pty) Ltd Websites.

Indemnification

You agree to indemnify, defend, and hold harmless VEA FOODS (Pty) Ltd and its affiliates, officers, directors, employees and agents from and against any and all claims, demands, actions, losses, costs, expenses (including without limitation reasonable attorneys’ and Professional / Candidates’ and consultants’ fees), damages or other liabilities, of any kind or nature, (collectively “Liabilities”) which arise out of, result from, allege, or otherwise relate to:

(I) your use of the VEA FOODS (Pty) Ltd Websites or the VEA FOODS (Pty) Ltd related services

(ii) any information, materials or content you post on the VEA FOODS (Pty) Ltd Websites or otherwise provide to VEA FOODS (Pty) Ltd or another User

(iii) your breach of these Terms of Use (iv) any other act of commission and/or omission by you.

Termination/Access Restriction

VEA FOODS (Pty) Ltd reserves the right, in its sole discretion, to terminate your access to the VEA FOODS (Pty) Ltd Website and the related services or any portion thereof at any time, without notice.

Use of the VEA FOODS (Pty) Ltd Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VEA FOODS (Pty) Ltd as a result of this agreement or use of the VEA FOODS (Pty) Ltd Website. VEA FOODS (Pty) Ltd performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VEA FOODS (Pty) Ltd, court and law enforcement requests or requirements relating to your use of the VEA FOODS (Pty) Ltd Website or information provided to or gathered by VEA FOODS (Pty) Ltd concerning such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VEA FOODS (Pty) Ltd concerning the VEA FOODS (Pty) Ltd Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, verbal, or written, between the user and VEA FOODS (Pty) Ltd concerning the VEA FOODS (Pty) Ltd Website. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Dispute Resolution

You here to agree, that all disputes and differences arising between them in connection concerning usage of this site, content, and/or any matter relating thereto or arising there from or as to the interpretation thereof, shall be referred to the sole arbitration to be chosen by VEA FOODS (Pty) Ltd Service, whose decision shall be final and binding on You. You also agree that You shall have no objection to VEA FOODS (Pty) Ltd’s service choosing the sole arbitrator.

Copyright and Trademark Notices

Content on the site is for personal use only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of VEA FOODS (Pty) Ltd and/or its affiliates or associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way for non-personal use without obtaining prior written permission from VEA FOODS (Pty) Ltd. All rights not expressly granted herein are reserved. VEA FOODS (Pty) Ltd may monitor access to the Site. VEA FOODS (Pty) Ltd reserves the right to modify the terms of use of any service without any liability. VEA FOODS (Pty) Ltd reserves the right to take all measures necessary to prevent access to any service or termination of service if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark, or other proprietary right.

Notices and Procedure for Making Claims of Copyright Infringement

Notices:  Any notice required or permitted to be given here under shall be in writing and sent by registered mail or by a courier service, in the manner as elected by the Party giving such notice to the designated address of the VEA FOODS (Pty) Ltd – kindly refer to the “Contact Us” link which is available on the Website https://www.veafoods.co.za/contact/