Savage Jooste & Adams Terms & Conditions

  

Version: 1.0
Date of version: 02 September 2024
Created by: Magdel van Biljon
Reviewed by: Marleen Gresse
Approved by: Marius van Staden

Change History

Date Version Created by Description of change
02/09/24 1.0 Magdel van Biljon Drafting of Initial Document
02/09/24 1.0 Marleen Gresse Reviewed
02/09/24 1.0 Marius van Staden Approved

 

1. DEFINITIONS & INTERPRETATION

  • The headings of the clauses in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the provisions of these Terms and Conditions nor any clause hereof.
  • In these Terms and Conditions, unless a contrary intention clearly appears, words Importing
    • any one gender include the other genders;
    • the singular include the plural and vice versa; and
    • natural persons include created entities (incorporated or non-incorporated) and vice versa.
  • The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings, namely:
  • “Company” shall mean Savage Jooste & Adams (who holds the proprietary rights in and to the Content) and shall include its agents, representatives of any form, associates, affiliates, shareholders, directors, and employees;
  • “Content” shall mean the content displayed on the Website at any given time, and shall

include, but shall not be limited to confidential information, client lists, literary works, marketing and business information, musical works, artistic works, sound recordings, cinematograph films, sounds and television broadcasts, program-carrying signals, proprietary works, published editions and computer programs, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations and software;

  • “User(s)” shall mean any member of the public using the Website, and includes such User’s heirs, trustees, executors, administrators, agents, representatives and assigns of the aforementioned person;
  • “Website” shall mean all websites / URL’s owned and maintained by the Company, or through which the Company makes information relating to its Services available to members of the public, including those accessed via the domain names / URL’s, including but not limited to the website located at the domain name savage.co.za.

2. AMENDMENT OF THE WEBSITE TERMS AND CONDITIONS 

  • The Company reserves the right to, at its sole discretion, amend, modify, add to or remove any provisions (in whole or in part) of these Website Terms and Conditions from time to time.
  • Any changes to these Website Terms and Conditions will become effective upon such changes being posted on the Website.
  • The onus rests on the User to periodically check the Website Terms and Conditions on the Website for any changes or updates therein contained.
  • The User’s continued use of the Website following the posting of any amendments by the Company shall be considered notice of the User’s acceptance to abide by, and be bound by the Website Terms and Conditions, including any amendments hereto.

3. DEEMED ACCEPTANCE

  • By accessing and using the Website the User agrees to be bound by the Website Terms and Conditions set out herein.
  • If the User does not wish to be bound by the Website Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute and of the Content on the

4. ECTA REQUIREMENTS

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act, Act No 25 of 2005 (“ECTA”), the Company makes the following information available to the User:

  • Full name: Savage Jooste & Adams
  • Legal Status: Personal Liability Company
  • Registration Number: 1978/000724/21
  • Physical Address: King’s Gate, 5 10th Street, Menlo Park, Pretoria, Gauteng, South Africa
  • Telephone Number: (+27)12 452 8200
  • Website Address: savage.co.za
  • Electronic mail address: info@savage.co.za
  • VAT Number: 4030121711
  • Names of Office Bearers (Directors): PF Viljoen, M van Staden, TS Lefteris- Kartoudes, RG Hayes, WD Forrester, MM Haasbroek, RKH Makole, MS Booyens, JK Hendey, M Gresse, JD vd Walt, M van Biljon, F Abdul Kader, TP Kumalo, H Vlok, M Havemann, SC Leinberger
  • Place of Registration: South Africa
  • Physical Address where the Company will receive legal service of documents:King’s Gate, 5 10th Street, Menlo Park, Pretoria, Gauteng, South Africa
  • Description of the main characteristics of the goods or services offered by the Company: Legal

5. COMPLAINTS AND DISPUTES

 Users may file complaints via the “Contact us” service on the Website.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS 

  • The Content displayed on the Website is provided by the
  • All Content, and the compilation of the Content, belongs to the Company and is protected by South African and international copyright laws and other intellectual property rights owned and controlled by the Company, or by other parties that have licensed or otherwise provided their material to the Company for use on its Website.
  • Except as specifically provided herein or elsewhere on the Website, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of the
  • All rights in and to the Content are reserved and retained by the
  • The Company reserves the right (at its sole discretion) to make changes to the Website, the Content, or to products or services offered by it at any time, and without notice to the User.
  • No User may add, delete, distort, or otherwise modify the Content without the prior written consent of the Company. Any unauthorized attempt to modify any Content, to defeat or circumvent the Company’s security features, or to utilize the Website for any purpose other than its intended purposes is strictly prohibited.

7. LIMITED LICENSE TO GENERAL USERS

  • The Company grants to the User, subject to the further terms and conditions set out herein, a non- exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the Content for personal, non-commercial and information purposes only.
  • The User agrees that it will not reproduce, duplicate, copy, resell or otherwise exploit the Website, nor any of the Content displayed thereon for any commercial purpose without the express prior written consent of the Company.
  • The aforementioned license does not allow the User to collect products or service listings, descriptions or other information displayed on the Website, and does not allow any derivative use of the Website or the Content displayed thereon for the benefit of another merchant.
  • The User may not frame, nor use framing technologies to enclose the Website, the Content or any part thereof without the express written consent of the Company.
  • The Company reserves the rights to:
  • refuse services, suspend or terminate a User’s access to the Website, and remove or edit the Content at its sole discretion;
  • claim damages from any User who does not comply with these Terms and Conditions;
  • disclose a User’s Personal Information who fails to comply with these Terms and Conditions, to all persona affected by such User’s actions.
  • Any unauthorised use of the Company’s Website or the Content thereof will summarily terminate the license referred to in 1 above.
  • No other licence, right or permission is granted to the User to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Website or the Content thereof, including copyright-, trademark-, patent- or other intellectual property rights, unless expressly stated herein.
  • No licence, right or permission is granted to the User to use the Website’s icons, site address, or other means to hyperlink other internet sites with any page in the Website, and the Company assumes no responsibility for any other party’s site hyperlinked to the Website or in which any part has been hyperlinked.

8. GENERAL USE OF THE WEBSITE

  • The User may not use the Website or any of the Content for or in conjunction with any illegal, unlawful

or immoral purpose or as prohibited by the provisions herein contained.

  • The User undertakes to adhere to generally acceptable Internet and electronic mail etiquette, which includes, but is not limited to an undertaking that the User:
  • Will not engage in any activity intended to entice, solicit or otherwise recruit users of the Website to join an organisation, except where such activities are expressly authorised in writing by the Company, and as permitted by law;
  • Will not take action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent the User’s affiliation to any person or forge header or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted electronically to the Company, whether on its Website or otherwise;
  • Will not impersonate any other person or use a false or unauthorised name so as to create a false identity and/or electronic mail address or to misrepresent the origin or identity of any communication to the Company;
  • Will not engage in any abuse of electronic mail or spamming, including the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
  • Will not modify, access or make available any data stored on a computer device which has been accessed through the Website;
  • Will not make available or upload files that contain software of any other material not owned or appropriately licensed by the User;
  • Will not infect the Website with viruses, worms, ‘trojan’ or any other code that has malicious, contaminating or destructive properties nor shall the User damage, interfere with or intercept any data or information contained on the Website.
  • Will not use the products and/or services to make fraudulent offers to sell or buy products, items or services or to offer to solicit for any type of financial scam;
  • Will not violate the privacy of any person or attempt to gain unauthorised access to the products and/or services or any other website or network;
  • Will not collect or use any listing, description or price lists from the Website for the benefit of a competing merchant;
  • Will not use the products and/or services in a manner that may infringe the Intellectual Property rights or other proprietary rights of others, including the transmission of pirated software;
8.2.12. Will not use the products and/or service in any manner which could damage, impair, overburden or disable the products and/or services or interfere with any other party’s use or enjoyment of the products and/or services;
8.2.13. Will not use the Website, the Content or the Company’s products or services to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
8.2.14. Will not use the products and/or services or the Website and its Content to post or transmit, by means of listings, reviews, comments, suggestions, ideas, question or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexuality explicit or which carries child pornography, religious or racial slurs, racially, ethnically or otherwise objectionable in any way or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
8.2.15. Will not gather electronic mail addresses and/or names for commercial, political, charity or like purposes or collect or attempt to collect personal information about third parties without their knowledge or consent;
8.2.16. Will not act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the Website, or otherwise interferes with its proper and timely functioning.

 

 9. LINKED SITES

  • The Website may contain links to other websites that are not controlled or maintained by the
  • While the Company tries to include only links to those sites which are in good taste and safe for our Users, the User agrees that the Company will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites.
  • The use of linked websites is at the User’s own The Company encourages all Users to read the terms of use of such other websites. Any inclusion of such links on the Company’s Website and/or Online Profiles does however not imply the Company’s endorsement of the linked site nor the content thereof.
  • The Company reserves the right to disable links from third party sites to the Company’s Website and vice versa.

10. LIMITATION OF LIABILITY & DISCLAIMERS

  • Subject to section 43(5) and 43(6) of ECTA, if applicable, and to the extent permitted by law, the Website and all Content displayed thereon, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and the Company shall not be held liable for any damage, loss or liability of any nature whatsoever, howsoever caused.
  • The Company makes no warranties or representations as to the availability, accuracy or completeness of the Website or the Content displayed thereon, or any third-party content accessible via an Internet link on the Website.
  • The Company shall not be held liable or responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred by the User, related to the use of, or the inability to access or use, or reliance on the Website, the Content displayed thereon or any functionality thereof, or of any linked website, including any claims arising from negligence.
  • The User binds his/her dependents, heirs, trustees, executors, administrators, third parties and/or assigns to these Terms and Conditions and undertakes to indemnify, hold harmless and expressly exempt and release the Company from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to the use of the Website and the Content thereof.
  • The User waives and abandons any and all liabilities and claims of any nature whatsoever, howsoever arising, which he/she might have against the Company and releases the Company against any and all liability and claims that may arise or accrue to the User.
  • The use of the Website and any of its Content is at the User’s sole
  • While the Company makes every effort:
  • to engage quality Suppliers in the industry and other service providers in order to provide the best possible service and products to the User; and
  • to ensure that the supply of various products and services will be carried out properly, efficiently and as advertised;

 the Company will under no circumstances be liable or be responsible for any costs, losses, injuries or damages of any nature whatsoever, howsoever arising, that may be occasioned by an error or default, act or omission of any Supplier in supplying goods or services, or incidents connected therewith.

  • The products and services advertised on the Website and other marketing material and documents are to be used as a guideline only, and may be influenced by variable and/or unforeseen factors.

The Content further does not constitute legal advice, and if the User requires legal advice, the User must contact the Company in this regard.

  • The Company shall not be held liable for any errors or omissions in any of its promotional material, publications and documentations (including any such material, information, publications and documentation made available in digital or electronic media format).

11. NON ENDORSEMENT

Reference to any specific company, products, processes, or services by trade name, trademark, manufacturer, or otherwise on the Website does not necessarily constitute or imply its endorsement, recommendation, or favouring by the Company.

12. PRIVACY, ACCESS TO AND USE OF INFORMATION

  • The Company may receive various types of information (“the Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, section 1 of ECTA (hereinafter referred to “Personal Information”) and the Protection of Personal Information Act, Act 4 of 2013.
  • To the extent permitted by law the Company may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses
  • The Company is however committed in respecting each User’s privacy and confidentiality of his/her Personal Information. In this regard the Company has put in place reasonable physical, electronic and managerial procedures to safeguard and secure the Personal Information obtained by it in order to prevent unauthorised access to such information.
  • The Company voluntarily subscribes to the provisions of ECTA (Electronic Communications and Transactions Act, Act 25 of 2002), PAIA, the Constitution of the Republic of South Africa, Act 108 of 1996, the Consumer Protection Act, Act 68 of 2008 (all as amended from time to time), to the extent that same deals with protection of Personal Information, and endeavours to treat Personal Information received by the Company accordingly. Whenever the User is of the opinion that the Company has failed to comply with inter alia section 51 of ECTA, the User shall inform the Company thereof by sending an email to info@savage.co.za and the Company will review the User’s representations made by email and, in the Company’s sole and absolute discretion advisable, take corrective action, and within 20 (twenty) days respond to the User informing him/her about corrective actions taken, if any.
  • Despite the aforementioned undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
  • The Company and the User voluntarily subscribes to the provisions of the Protection from Harassment Act, Act 17 of 2011 and the Protection of Personal Information Act, Act 4 of 2013, and will endeavours to give effect to the respective objectives thereof.
  • The Company will not be held responsible for any damages that the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User makes to the Company through the Internet, or that the User expressly or implicitly authorise the Company to make, or for any errors or any changes made to any transmitted information.
  • All credit card and debit order information obtained by the Company will be used for billing purposes only, and will otherwise be kept strictly confidential.
  • The User must acquaint itself of the Company’s Confidentiality and Protection of Personal Information Policy with is found on the Company’s Website and may be requested by the User by email from info@savage.co.za.

13. COOKIES

  • The Company’s Websites may make use of cookies. Cookies store information regarding Users. Cookies have various purposes, such as improving the user’s experience on the Website and facilitating its use of the website.
  • A User may disable or decline cookies. However, if the User does so, their user experience on the Website may be diminished.

14. GENERAL

  • The Website is controlled, operated and administered by the Company from its offices within the Republic of South Africa.
  • The Company makes no representation that the Website and the Content thereon are appropriate or available for use in other locations or Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses the Website from locations outside of South Africa, that User is responsible for compliance with all such local laws.
  • This Website Terms and Conditions and the User’s use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa. The User irrevocably and unconditionally consents to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms and Conditions or the User’s use of the Website.
  • The User may not use the Website in violation of South African export laws and regulations.