TERMS AND CONDITIONS OF USE OF WEBSITE
These Terms and Conditions ("Terms") govern use of the website of Bertuzzi Distribution (Proprietary) Limited ("Bertuzzi") located at domain name www.bertuzzi.co.za and specifically the page of this website located at www.bertuzzi.co.za (the "Website" or the "Site") by user/s (the "User" or "Users" or "You" and/or "Yours"). By accessing and using the Website, the User agrees to be bound by the terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained at the Website.
Bertuzzi reserves the right to periodically change, modify, add to or remove from portions or the whole of these Terms without notice, and the User is responsible for checking these Terms periodically for revisions. All amended terms become effective upon posting at the Website, and any use of this Website after such revisions have been posted signifies User's consent to the changes.
INTELLECTUAL PROPERTY AND USE OF WEBSITE
The Website displays content (the "Content") which is comprised of:
copyright (the "Copyright") in copyrighted works, including without limitation literary works, artistic works (which include, amongst others, photographs) owned by the proprietors of such copyrighted works, including Bertuzzi and other third party owners of such Content (the "Content Providers").
The Website displays Trade Marks (as defined below) comprised of:
trade marks, trade names, service marks, logos, style names, trading names and any slogans, jingles and associated copyrighted works (the "Trade Marks"), which are proprietary to Bertuzzi or an affiliated company.
All such Copyright and Trade Marks are protected by South African and international copyright and trade mark laws.
All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by Bertuzzi and/or the Content Providers, as the case may be.
The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose of the provision of information. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.
All Content downloaded or otherwise copied from the Website may only be presented regardless of format, in conjunction with the appropriate copyright and trade mark notices, as provided on the Website.
The User retains all ownership rights to their Content uploaded to the Website, including but not limited to, or photographs and data. The User, however, grants Bertuzzi and other users of the Website a limited licence on all the User's Content uploaded on to the Website, as follows:
Bertuzzi is granted a worldwide, non-exclusive, royalty free, transferable license, to use, reproduce, prepare derivative works of, distribute and/or display the Content with the provision of the Bertuzzi's service and otherwise in connection with the provision of the such service and Bertuzzi's business and the right to sub-licence these rights.
Each User of the Bertuzzi's service a worldwide, non-exclusive, royalty free license to access the User's Content through the Website and to use, reproduce, distribute, prepare derivative works of and/or display such Content to the extent permitted by the functionality of the Website.
The above licenses granted by the User shall terminate upon the User removing or deleting their Content from the Website.
All rights of any kind in respect of this Website and the Content which are not expressly granted in these Terms are entirely and exclusively reserved to and by Bertuzzi.
Bertuzzi reserves the right to revoke all rights in these Terms without notice, at any time, and for any or no reason.
Bertuzzi reserves the right to stop the User from accessing and using the Website and reproducing, downloading and distributing the Content, upon breach of any Terms set out herein, and to make any claims or institute legal action or take any steps that Bertuzzi deems appropriate to address such breach.
AVAILABILITY OF WEBSITE
Bertuzzi makes no warranty that access to and use of the Website and the Content will meet the User's requirements, and cannot guarantee that the Content will be free of any errors and mistakes or inaccuracies, or that there will not be any interruption in service whilst the User is using the Website.
If the User detects any errors and mistakes or inaccuracies, or experiences an interruption in service whilst using the Website, the User undertakes to report these to Bertuzzi.
The User's access to the Website may from time to time be restricted to allow for repairs, maintenance and the introduction of new functionality. In such event, Bertuzzi will attempt to restore service as soon as reasonably possible.
A User may submit certain information ("User Information") to Bertuzzi using the Site interface. In doing so, the User undertakes to: (a) provide accurate, current and complete information about it as may be prompted by any registration interface; (b) maintain the security of its password and login credentials; and (c) maintain and promptly update the User Information it provides during this process, so as to keep it accurate, current and complete.
The User agrees to responsibly maintain the confidentiality of its username and password and to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password. The User undertakes to notify Bertuzzi immediately of any unauthorised use of its account or any breach of security.
USE OF USER INFORMATION
Bertuzzi is entitled to use the User Information to monitor the User's access to the Website, respond to enquiries or request and/or to send the User information about news items or information relating to the Content, from time to time. The User Information will not be used for any other purpose and will not be sold or otherwise disclosed to any other entity, except those that are affiliated with Bertuzzi, and their successors in title.
The User has the right to access the User Information held about him/her and Bertuzzi shall provide a copy of the User Information to any User that requests Bertuzzi thereto, by mail to: Bertuzzi Distribution (Proprietary) Limited, No. 3, Stella Road, Montague Gardens, Western Cape or, info@bertuzzi.co.za.
Bertuzzi may view, monitor and record activity on the Website without notice to, or permission from You.
You acknowledge that by opening an account with Bertuzzi and by using the Website You will be providing Bertuzzi with personal information, in terms of clause 4, and authorise Bertuzzi to:
process Your personal data for internal and research purposes;
transmit Your personal data to any affiliated organisation for the purposes of ensuing correct and accurate operation of the Website and Your User account as well as furtherance of Bertuzzi's legitimate interests including academic and statistical analysis.
In furtherance of the above, the manner in which Bertuzzi collect, manage and use Your data is set out in our Privacy Policy available on the Website. The Privacy Policy may be changed and amended from time to time.
SUBMISSION OF INFORMATION BY USER
The User warrants that information submitted or uploaded via the Website:
does not infringe any third party's rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
does not violate any law, statute, ordinance, regulation or legally binding code in any jurisdiction;
does not depict graphic violence, is not pornographic or sexually explicit;
is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
is not intended or likely to cause harm to Bertuzzi's computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
This Website and the Content are provided "AS IS" without warranty of any kind, either expressed or implied.
Bertuzzi makes no warranties, nor shall Bertuzzi be liable, for any claims related to or arising from the User's use of the Content. Accordingly, Bertuzzi expressly excludes any warranties pertaining to:
the completeness, veracity, accuracy, availability or currency of the Website or the Content or the reliability of information displayed at or otherwise made available through the Website, nor does Bertuzzi commit to ensuring that the Site remains available or that the Content is kept up-to-date.
malicious code – Bertuzzi does not make any representations or warranties that the Website does not contain a malicious code. The User acknowledges and accepts the responsibility to operate its own anti-virus protection.
secure communications – the Website is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception. The User is urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to their communication systems.
Bertuzzi does not grant to the User any warranties or make any representations relating to the Site, Content or the User's use of the Site, and to the fullest extent permitted by applicable law, Bertuzzi excludes all warranties and representations.
Bertuzzi will not be liable for any direct or indirect loss or damage arising under these Terms or in connection with the Site or the Content, whether arising in tort, contract, or otherwise.
Without limiting the generality of the exclusion of liability above, Bertuzzi will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms or in connection with the Site or the Content, whether direct or indirect, nor will Bertuzzi be liable for any loss or damage arising out of any event that is beyond its reasonable control.
The User hereby indemnifies and holds Bertuzzi harmless from and against any claims, costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of the Site or the Content; or the User's use of the Site or any Content; or the User's violation of these Terms.
HYPERLINKS TO THIRD PARTY SITES
This Website may contain links to third party websites for the User's convenience. Bertuzzi has no control over such websites, and the inclusion of a link to a third party website does not imply a warranty, representation or endorsement by Bertuzzi or the providers of that third party website or its content, or any products or services offered through that website. If the User is directed through to a third party website, the User will leave the Website, and visit those other websites at the User's own risk.
If any term or condition of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
BREACH OF THESE TERMS
Without prejudice to our other rights under these Terms, if the User breaches any of these Terms in any way, or if Bertuzzi suspects on reasonable grounds, that the User has breached any of these Terms in any way, it may :
send the User one or more formal warnings;
suspend the User's access to the Site;
delete the User's information from its records;
permanently prohibit the User from using the Site;
block computers using the User's IP address from accessing the Site;
contact the User's internet service provider and request that they block the User's access to the Site; and/or
bring court proceedings against the User for breach of contract or otherwise as well as claim costs on an attorney-own-client scale.
Where Bertuzzi suspends or prohibits or blocks the User's access to the Site or a part of the Site, the User shall not take any action to circumvent such suspension or prohibition or block (including without limitation submitting or using different information).
Where Bertuzzi suspends or prohibits or blocks the User's access to the Website or part of the Website the User shall not be entitled to any refund of any amount paid to Bertuzzi for any reason.
RELAXATION / NON-WAIVER
No relaxation by Bertuzzi of any of the Terms will be binding for any purpose unless expressed in writing and signed by Bertuzzi. Any such relaxation will be effective only in the specific instance and for the purpose given.
No indulgence granted by Bertuzzi shall constitute a waiver or abandonment of any of its rights in terms of these Terms. Bertuzzi shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against User which may have arisen in the past or which may arise in the future.
CHOICE OF LAW, JURISDICTION
These Terms are subject to the laws of the Republic of South Africa. By agreeing to these Terms, the User submits to the jurisdiction of the High Court of South Africa for all matters relating to these Terms.
For the purposes of these terms and conditions, the time of day shall relate to the time in Johannesburg, South Africa (GMT + 02:00).
The following information is required to be published by the Website owner in terms of Section 43 (1) of the ECT Act:
Full name of Website owner: Bertuzzi Distribution (Proprietary) Limited;
Registration number: 2016/070374/07;
Directors of Bertuzzi are: Heinrich Reynecke; Rudolph Reynecke and Coetzee Reynecke
Bertuzzi's physical address and domicillia citandi et executandi: No 3, Stella Road, Montague Gardens, Western Cape, Republic of South Africa
Bertuzzi's telephone number: +27 87 813 0040;
URL and e-mail address: bertuzzi.co.za and info@bertuzzi.co.za;
Alternative dispute resolution: Any dispute regarding access to or use of this Website, the Content, and these Terms, shall be referred for expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa, to be heard in Johannesburg, in English.
INTELLECTUAL PROPERTY LEGAL ADVISORS
Spoor & Fisher Attorneys
www.spoor.com