1. DEFINITIONS
1.1. MFM shall mean Meat Free Mondays
1.2. Fry’s shall mean Fry Group Foods (Pty) Ltd
2. USAGE
2.1. By using the MFM web site in any way, for any reason whatsoever, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Web site if you do not agree to be bound by the Terms and Conditions.
2.2. This web site is intended to provide the user with information regarding MFM, its products and service.
2.3. Without derogating from the aforegoing, MFM hereby authorises the user to view, download to a local drive, copy, print and distribute the content of this web site, or any part thereof, provided that:
2.3.1. such content is used for personal benefit and/or non-commercial purposes only; and
2.3.2. any reproduction of this the content of this web site, or portion
thereof, must include the following copyright notice: © MFM
2010 All Rights Reserved.
2.4. Users that wish to use content from this site for commercial purposes may only do so with prior written permission.
3. DISCLAIMER
3.1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, MFM shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, MFM makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
3.2. This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with MFM that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
3.3. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of MFM and users are encouraged to consult professional or third-party advice before taking any course of action related to information, ideas, recipes or opinions expressed on this site.
3.4. Neither MFM nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product purchased directly or from retail outlets as a result of promotion from or on this web site.
4. INTELLECTUAL PROPERTY RIGHTS
The contents and materials of this Web site, including any computer programs, software, html code, icons, text, links, graphics, artworks, images, sound clips or files, audio-visuals, trade names, logos, trade and service marks, private information, designs and/or product packaging are protected by law, including but not limited to copyright, patent and trade mark law, and any adaptations of such content and materials, are the property of MFM and/or third parties and as such, are protected from infringement by domestic and international legislation and treaties. Rights to all intellectual property on this site are expressly reserved, subject to the rights afforded to the user herein.
5. AGREEMENT
5.1. The material contained on this Web site is for information only and does not constitute advice or a recommendation of any nature.
5.2. To the extent that information displayed on this Web site relates to any products, services, events or competitions or any costs, prices, fees or prizes related to such products, services, events or competitions, you acknowledge that this information may not be accurate or complete.
5.3. Any views or statements made or expressed on this Web site are not necessarily the views of MFM, its subsidiaries, affiliates, employees, servants or agents.
5.4. Any of the information, products, services, events or competitions on this Web site may be modified or suspended or removed by MFM without notice.
5.5. Use of this web site does not constitute an agreement between MFM and the user or between the user and any representative, agent, employee or distributor of MFM.
6. LINKING AND FRAMING
6.1. Any third party site may link to this web site provided that such a link is coded to the home page of this web site.
6.2. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of MFM.
6.3. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of MFM.
6.4. You are not permitted to “deep link” to this web site.
7. LINKS TO THIRD PARTY SITES
7.1. MFM may provide links to the user only as a convenience and the inclusion of any link does not imply MFM’s endorsement of such sites and as such are not responsible or liable for the information, material or contents, maintenance of, or activities conducted on, any web site to which this web site provides a link.
7.2. Despite the fact that this web site may refer to or provide links to other web sites, your use of such other web sites is entirely at your own risk. Such other web sites or pages are not subject to the control of MFM and MFM shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site. Neither shall MFM, their affiliates, subsidiaries, employees, and agents be responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other web sites or your reliance on any information contained in such other web sites.
8. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’ server or if such technology constitutes a copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 2 hereof.
9. CHANGES AND AMENDMENTS
9.1. MFM reserves the right, in its sole discretion, to alter and/or amend any criteria or information contained in this web site without prior notice.
9.2. Users undertake to check the MFM web site frequently to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
9.3. If you use this Web site after such updated or amended Terms and Conditions have been displayed on this Web site, you will be deemed to have accepted such updates or amendments.
10. PRIVACY POLICY
10.1. Any information which you provide to MFM, whether on any forms you complete or through this web site, and any information which MFM have about you will be regarded by MFM as personal information and, subject to the Terms and Conditions, be treated as confidential.
10.2. No personal information will be disclosed to third parties without the user’s permission; however, MFM may share personal information with business partners.
10.3. MFM gathers and will be in possession of the following private and personal information of users:
10.3.1. Information provided by the user voluntarily
10.3.2. Information automatically provided (e.g. cookies) – this information is gathered to improve the efficiency of your browsing on the MFM web site. Cookies are harmless to computer and do not carry viruses.
10.4. By using this web site the user consents to the following:
10.4.1. If you have signed the Pledge MFM reserves the right to display your name and surname on the website as having supported the pledge
10.4.2. MFM may use your personal information for communication purposes from time to time. Users may request to be removed from any communication system at any time;
10.4.3. MFM may use user’s information for statistical purposes;
10.4.4. MFM may use your personal information in the ordinary course of its business and for promotions and marketing.
10.4.5. MFM retains the copyright in databases of personal information of users;and MFM may share user’s information with business partners for commercial purposes.
10.5. By using this web site the user further acknowledges that:
10.5.1. MFM will release your personal information to a party if it believes that it is required by law or by a court to do so.
10.5.2. MFM will also disclose your personal information if it believes that this is necessary to prevent or lessen any unlawful or harmful actions
11. SECURITY OF INFORMATION
11.1. All reasonable steps will be taken to secure a user’s information.
11.2. Where necessary, and whether applicable now or in the future, user’s undertake not to divulge their user name and passwords to any other person
11.3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that MFM should suffer any damage or loss, civil damages will be claimed.
12. ONLINE PURCHASING
12.1. Detailed description of good and/or services
Meat Free Monday is a marketing campaign that markets and promotes vegetarian lifestyle. Marketing goods and/or services promoting this campaign will be available online.
12.2. Delivery policy
Subject to availability and against receipt of payment, orders will be confirmed by way of an invoice sent by e-mail. Delivery will be effected within 14 (fourteen) days after confirmation of the order.
12.3. Return and Refunds policy
The sale of goods by Meat Free Monday is always subject to availability. In cases where an order has been confirmed and products are not available, Meat Free Monday will refund the customer in full within 30 (thirty) days. Orders may not be cancelled once dispatched for delivery to the customer.
12.4. Customer privacy policy
Meat Free Monday shall take all reasonable steps to protect the personal information of customers. For the purpose of this clause, “personal information” shall be defined as set out in the Promotion of Access to Information Act 2 of 2000 (PAIA). The Act may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
12.5. Payment options accepted
Payment for orders placed with Meat Free Monday may be made via direct internet bank transfer, Visa Card or Master Card credit cards. Where payment is made by way of a direct bank transfer, the customer must send proof of such payment to Meat Free Monday by email or fax.
12.6. Credit card acquiring and security
Credit card transactions will be acquired for Meat Free Monday by Paygate which is a secure virtual merchant using SSL3 and no credit card details are stored on the website. Customers may go to www.paygate.co.za to view the Paygate security certificate and security policy.
12.7. Customer details separate from card details
Customer details will be stored by Meat Free Monday separately from card details which are entered by the customer on Paygate’s secure site. For more detail on Paygate refer to www.paygate.co.za
12.8. Merchant Outlet Country and transaction currency
The Merchant Outlet Country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is ZAR (South African Rand).
12.9. Responsibility
Meat Free Monday shall be responsible for all aspects relating to any transaction for the sale of goods sold on this website, customer service and support, dispute resolution and delivery of goods
12.10. Country of domicile
This website is governed by the laws of South Africa and Meat Free Monday chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, at:
8 Ficus Place
Mahogany Ridge
KZN
South Africa
13. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
13.1. No information or data on this web site is an offer, but merely an invitation to purchase products.
13.2. Data messages, such as e-mail, are only deemed to have been received by MFM once replied to and such a reply does not include an auto-reply.
14. REQUIREMENTS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
14.1. The full name and legal status of the web site owner is: Fry Group Foods (Pty) Ltd,
Reg. No 418 013 4142
14.2. The full web site address is http://www.MFM.co.za
14.3. Office bearers of MFM:
Walter Aubrey Fry
Deborah Bernice Fry
Tamaryn Fry
14.4. Physical address for receipt of legal service:
8 Ficus Place
Mahogany Ridge
KZN
South Africa
14.5. Main business:
Food Manufacturing
15. SEVERABILITY
These Terms and Conditions of Use constitute the entire agreement between MFM and you, the user of this web site. Any failure by MFM to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
16. APPLICABLE AND GOVERNING LAW
This web site is hosted, owned, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions.
You consent to the jurisdiction of the South African courts for any dispute that may arise out of these Terms and Conditions.
17. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Physical address:
8 Ficus Place
Mahogany Ridge
KZN
South Africa
Postal Address:
PO Box 15770
Westmead
3608
Contact numbers:
+27 (0)31 700 3022
