Terms of Use - RCL FOODS

TERMS AND CONDITIONS OF USE

RCL FOODS Limited (“RCL FOODS “) and its affiliates (together, the “RCL FOODS Group”) provide this Internet web site (“Web Site”). Your use of this Web Site is subject to the following terms and conditions that RCL FOODS may revise at any time, with the revised terms taking effect on the date of its posting.

Please read these terms and conditions of use carefully before using this web site. By using this Web Site, you signify your assent to these terms of use. If you do not agree to these terms of use, you may not use the Web Site.

USE OF PROPRIETARY INFORMATION ON THIS WEB SITE

RCL FOODS maintains this Web Site for your personal information and education. You may download or print the Proprietary Information on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort, mutilate or otherwise modify the Proprietary Information in a manner that may be prejudicial to RCL FOODS. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other Proprietary Information) is copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted, and is RCL FOODS property (“RCL Foods Proprietary Information”). You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any RCL FOODS Proprietary Information in any way for any public or commercial purpose. Furthermore, you may not use or display RCL FOODS Proprietary Information on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use RCL FOODS Proprietary Information will automatically terminate and you must immediately destroy any copies you have made of RCL FOODS Proprietary Information. Any unauthorised use of RCL FOODS Proprietary Information by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

YOUR SUBMISSIONS OR COMMUNICATIONS

Any communication or material you transmit to the Web Site by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by RCL FOODS. By posting communications to the Web Site, you automatically grant RCL FOODS a royalty-free, perpetual, irrevocable non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit or post may be used by RCL FOODS or licensed to others by RCL FOODS for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

PRIVACY

RCL FOODS analyses aggregate and non-personally identifiable data relating to usage of this site. E-mail addresses and other personally identifying data about you are made known to RCL Foods when submitted to us. In addition, we may use previously submitted E-mail addresses and other contact information to communicate with visitors to the Web Site.

DISCLAIMER

The information on this site is intended for general information purposes only and is not intended to serve as financial or other advice. Whilst RCL FOODS tries to ensure that the information on this site is accurate and complete, much of the information is supplied to us by third parties. RCL FOODS is not able to check the accuracy or completeness of that information. Your use of the Web Site is at your own risk. RCL FOODS does not warrant or represent that RCL FOODS Proprietary Information is accurate, error-free, truthful or reliable or that your use of RCL FOODS Proprietary Information will not infringe rights of third parties. RCL FOODS does not warrant that the functional aspects of the Web Site will be error free or that this Web Site or the server that makes it available is free of viruses or other harmful components. If your use of this Web Site or RCL Foods Proprietary Information results in the need for servicing or replacing property, material, equipment or data, RCL FOODS is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “as is” and “as available”, without warranty of any kind, either expressed or implied, including but not limited to implied warranties of reasonable care and skill, or non-infringement. RCL FOODS makes no warranties about the accuracy, reliability, completeness, or timeliness of the RCL FOODS Proprietary Information, software text, graphics, and links, or about results to be obtained from using the Web Site.

TRADEMARK NOTICE

The trademarks, logos and service marks that you see on this site are registered and unregistered trademarks of RCL Foods or its affiliates or are licensed to the RCL FOODS Group by third parties. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this Web Site without the written permission of RCL FOODS or third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

COPYRIGHT NOTICE

All content on this RCL FOODS Web Site is subject to copyright protection and reproduction of the content, or any part thereof, is prohibited without prior consent from RCL FOODS .

LINKS

On this site you may be offered links to other sites operated by parties other than RCL FOODS. The inclusion of any link to such sites does not imply endorsement by RCL FOODS of the sites or the services or products offered on such sites. RCL FOODS has not reviewed all of the sites linked to this Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Your linking to any other off-site pages or other sites is at your own risk.

You may not establish a link to this Web Site from a third party site, unless:

The link does not imply any association, endorsement or sponsorship by RCL FOODS of such site or any products or services offered on such site. The link is to the RCL FOODS home page at (http://www.rclfoods.co.za). The linked pages from the Web Site are displayed without alteration of any kind; specifically, you may not cause a user’s web browser to display a “framed” version of this Web Site in response to activating a link.

TERMINATION

You agree that RCL FOODS may terminate your use of the Web Site if RCL FOODS reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of RCL FOODS or any third party, or for any reason with or without notice to you. You agree that RCL FOODS may modify or discontinue this Web Site, with or without notice to you. You agree that RCL FOODS will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Your Submissions and Communications”, “Disclaimer”, “Limitation of Liability” and “General Provisions” will survive termination of this Agreement.

LIMITATION OF LIABILITY

Under no circumstances whatsoever shall RCL FOODS be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise.

ENFORCEABILITY

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with your use of this Web Site, or these terms and conditions or any matter related to or in connection therewith.

GENERAL PROVISIONS

Unless otherwise specified, the information and Proprietary Information in this site are presented solely for informational purposes. RCL FOODS makes no representation that RCL FOODS Proprietary Information is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to RCL FOODS Proprietary Information may not be legal by certain persons or in certain countries. Any cause of action you may have with respect to this Web Site must be commenced within three years after the claim or cause of action arises or such claim or cause of action is barred. The waiver by RCL FOODS of a breach of any provision of this Agreement will not be interpreted as a waiver of any other or subsequent breach.

RCL FOODS LIMITED

(Registration Number 1966/04972/06)
Ten The Boulevard
Westway Office Park
Westville
3629