Terms & Conditions

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The service provided on the CocoáFair website is provided by CocoáFair Proprietary Limited, a private company registered in and governed by the laws of the Republic of South Africa.

These terms of use govern your use of our website. By using our website, you indicate that you are aware of, understand and accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

These terms of use may be amended from time to time, without notice to you. The website will always contain the current version of these terms of use. It is your responsibility to familiarise yourself with the current version of these terms of use. Continued use of the website subsequent to any amendments having been made to the terms of use constitutes your acceptance of the terms of use as amended.

The website, the services and the products available thereon are directed exclusively at people who access the website from South Africa. We do not represent that the services and/or the products available on the website are available or suitable for use outside South Africa.

If you choose to access the website and/or purchase products and/or services on the website from locations outside South Africa, you do so at your own instance on the understanding that you are responsible for (1) compliance with all applicable laws and (2) ensuring that you are able to access the products and/or services in your location.


Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download and print pages from the website for personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • republish material from this website (including republication on another website)
  • sell, rent or sub-license material from the website
  • show any material from the website in public
  • edit or otherwise modify any material on the website, other than editing your own subscription application and/or personal details using our website interface
  • reproduce, duplicate, copy or otherwise exploit material or information on our website for a commercial purpose
  • redistribute material from this website, except for content specifically and expressly made available for redistribution without having first obtained our written consent to do so, provided that none of the above applies to your personal information submitted by you as part of your subscription application.


You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website or any information appearing thereon in connection with any surveys, contests, competitions and/or pyramid schemes, nor to transmit or send chain letters, junk email, spam, or any other unsolicited commercial communication.

You must not supply or attempt to supply any product and/or service through our website, without our prior written consent. You must not use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

We reserve the right to restrict access to areas of our website, or the entire website, at our discretion.

Although the CocoáFair website is usually available, there will be times when the availability of the website will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunication links and equipment that are beyond our reasonable control, and you agree that we will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.


In order to purchase a product on our website, you must complete the registration process set out here. You will have the opportunity to identify and correct input errors prior to submitting your registration form and you will be entitled to edit and make changes to your personal details after registration, provided that the provisions of these terms of use shall apply to any such changes. You are obliged to keep your personal details up-to-date. All personal information submitted to us during the registration process will be treated in accordance with our privacy policy.

Should you purchase a product, a record of the transaction will be emailed to you at the email address you provided to us during the registration process, within 36 hours of registration. Payment for our products may only be effected by way of a charge against the credit card account notified by you to us, in accordance with the instructions on our website.

All product prices stated on the website are stated exclusive of VAT and delivery cost. The total cost of your purchase, including VAT and delivery charges, will be communicated to you before you conclude your purchase.

Products purchased will be delivered to the delivery address notified by you to us, within 15 (fifteen) calendar days of your having made the purchase on our website. Should there be a delay, we will notify you within 24 hours of receiving payment.

If for any reason we are unable to effect delivery of a product purchased by you on our website, we will notify you via email at the email address furnished to us by you, and we will refund to you the full purchase price that you paid for the product, within 30 days after having given such notice.


Certain products and/or services are only available to subscribers. You can find out more about subscriptions here . When you subscribe, you will have the opportunity to identify and correct input errors prior to making your submission, and you will be entitled to edit and make changes to your personal details after submission, provided always that the provisions of these terms of use shall apply to any such changes. Your subscription application must comply with the “acceptable use” provisions below.

Your subscription application will be automatically processed within 36 hours following receipt by us into our bank account of the first subscription fee payable, at which point a record of the transaction in terms of which you purchased your subscription will be emailed to you at the email address provided to us by you during your subscription application.

Following payment of the first subscription fee, a recurring subscription fee is charged on the first day of each calendar month of your subscription. All subscription fees are collected by way of a debit charge against the credit card account notified by you to us, in accordance with the instructions on our website.

Subscription fees are as set out on our website from time to time, and are payable monthly in advance. Subscription fees vary in accordance with the CocoáFair subscription package selected by you. A description of the various CocoáFair subscription packages available can be found here.

All subscription fees stated on the website are stated exclusive of VAT. The total cost of your subscription, including VAT and delivery charges, will be communicated to you before you conclude your purchase of the subscription.

We may vary subscription fees from time to time by posting new fees on our website. Revised subscription fees will apply to all subscription fees debited with effect from the first day of the calendar month following publication of the revised fees on our website.

You are obliged to keep your personal details up-to-date, using our website interface.

We will not file a copy of these terms of use specifically in relation to each subscription application and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.


If you wish to purchase anything on the website, or if you make a subscription application, you must choose a user ID and password. You should notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are solely responsible for any activity on our website arising out of any failure to keep your user ID and/or password confidential, and may be held liable for any losses arising out of such a failure. We may disable your user ID and password at our sole discretion without notice or explanation.


In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website for public posting.

We may publish and communicate to the public any content submitted for posting on our directory. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You acknowledge and agree that the licence described above includes a right for us to:

  • make the submission or any portion thereof available to other companies, organisations or individuals with whom we have a relationship for the provision of services, and to use such content in the provision of those services
  • make the submission or any portion thereof available to the public via any website or as part of any services or products in any jurisdiction and the licence will survive termination of the agreement embodied in these terms of use.

You warrant and represent that your submissions will comply with these terms of use.

Your submissions must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or us or a third party (in each case under any applicable law).

You agree to treat all other users of the website with respect. Your submissions (and their publication on our website) must not:

  • be libellous, defamatory or maliciously false
  • be obscene, indecent or profane
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right
  • infringe any right of confidence, right of privacy, or right under data protection legislation
  • constitute negligent advice or contain any negligent statement
  • constitute an incitement to commit a crime
  • be in contempt of any court, or in breach of any court order
  • be in breach of racial or religious hatred or discrimination laws
  • be blasphemous
  • be in breach of any confidentiality obligations owed by you to a third party
  • be in breach of any contractual obligation owed to any person
  • depict violence
  • be inappropriate, pornographic, sexually suggestive or sexually explicit
  • be untrue, false, inaccurate or misleading, impersonate or falsely state or misrepresent an affiliation with any person or organisation
  • be of a nature likely to bring us, our website or our directory into disrepute
  • constitute spam
  • be offensive, deceptive, threatening, abusive, harassing or menacing, hateful, discriminatory or inflammatory
  • cause annoyance, inconvenience or needless anxiety to any person
  • You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
  • You must not submit to our website any content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  • We retain complete editorial control over our website and the content appearing thereon, and we reserve the right to edit, position or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website, in our sole discretion and without notice to you.
  • We may (but are not obliged to) perform technical functions necessary for the effective operation of our website, including but not limited to transcoding and/or reformatting user content, to allow its use on the website, and you agree to the performance of any such technical functions on or in relation to content that you have submitted.
  • Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website, and you acknowledge and agree that your use of the website and your submission of any content to our website are done entirely at your own risk.


We reserve the right to discontinue our website services (and/or the publication of our website) at any time in our sole discretion with or without notice.

 

If:

  • you have paid a subscription fee in respect of any period following the date of discontinuation
  • you are not in breach of any of the provisions of these terms of use
  • we discontinue the subscription service as a whole

We will notify you via email to the email address furnished by you to us in your subscription application, and we will refund to you such portion of your payment as relates to any period after the discontinuance of the directory service, within 30 days of the notice having been issued.

Should we discontinue select services or products within the subscription service, as opposed to the subscription service as a whole, we shall notify you via email to the email address furnished by you to us in your subscription application. You shall not automatically be entitled to a reduction in the subscription fee, or a refund of any portion of any subscription fee already paid. It shall be our choice as to whether (1) a substitute service and/or product is provided, or (2) whether the subscription fee is adjusted, and we will give effect to same within 30 days of the notice having been issued.

Save as provided in this section 8, you will not be entitled to any refund and/or compensation upon the discontinuance of, or the temporary failure of, our subscription services, whether as a whole or in part.


You acknowledge that some of the information published on this website is submitted by users and that we do not, as a matter of course, review, approve or edit such information. We do not warrant the completeness or accuracy of any information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

  • we are not the agents for any company or person featured on our website
  • we do not give any warranties, undertakings and/or make any representations in relation to any company, person, product and/or service featured and/or available for purchase on our website
  • all services and/or products purchased on our website are purchased entirely at your own risk
  • certain of the products available on the website are food products which may contain or be manufactured in factories which contain allergens
  • it is your responsibility to ensure that any products and/or services available for purchase through the website are suitable to your specific requirements, including without limitation dietary and allergy requirements; check the packaging for details about the ingredients and possible allergens

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website, its content, the use of this website and the purchase and/or consumption of products available on the website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).


The limitations and exclusions of liability set out in this section govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, howsoever arising. Our aggregate liability to you under the terms of use will not exceed the total amount paid and payable by you to us under the terms of use.

CocoàFair, our employees, agents, representatives and sub-contractors will not be liable to you in respect of any:

  • loss or corruption of any data, database or software; we will not be liable to you for damage caused by the malicious use of our website, or by destructive data or code that is passed on to you through the use of our website
  • loss of profits, special, indirect or consequential loss or damage

You will be entitled to select your subscription package. Depending on the subscription package you select, you may not be entitled to select the specific products and/or services supplied to you in terms of your subscription from time to time. For this reason, and because many of the products supplied to you under such a subscription will be foodstuffs and/or bodycare products, we do not recommend that people with food and/or skin allergies select such subscription packages, and we will not be liable to any person for any loss or damage suffered arising out of an allergic reaction to any product delivered in terms of a subscription package.

You agree to the publication on our website of comments and/or feedback made by others relating to content posted by you. You acknowledge that such comments and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments and/or feedback.


You hereby indemnify CocoáFair, our employees, agents, representatives and sub-contractors (“us”) and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct.


Either of us may terminate your subscription/s on one month’s calendar notice to the other of us, without having to give any reason for such termination.
In the event of termination of your subscription:

  • we will cease to provide the subscription products and/or services to you with effect from the first day of the month following expiry of the notice period
  • we shall disable any debit order in respect of future subscription fees, prior to the first day of the month following expiry of the notice period

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

  • send you one or more formal warnings
  • temporarily suspend your access to the website and/or your subscription services
  • permanently prohibit you from accessing the website
  • block computers using your IP address from accessing the website
  • contact your internet services provider and request that they block your access to the website
  • bring court proceedings against you for breach of contract or otherwise, which may include a claim for damages
  • delete and/or edit any or all of your website submissions
  • suspend and/or delete your account with the website

If you do not comply with these terms of use, and we do not take immediate action, this does not mean that we waive our rights under the terms of use, and we will remain entitled to take action against you in the future.

Where we suspend or prohibit or block your access to our website or a part of our website, as contemplated in this section 12, we will not refund to you any portion of any subscription fees as you may already have paid to us, and you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).


Our website includes or may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.


“CocoáFair” and our logo are trademarks that belong to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.


Any personal information collected by us will be dealt with and handled in accordance with our privacy policy.

You consent, and must procure that any relevant third party consents, to the use of the personal information collected in relation to you (including without limitation any personal information contained in any submission you make to the website), in accordance with our privacy policy.

If you include any personal information about any third person in any submission you make to the website, you are obliged to:

  • provide that person with a copy of our privacy policy in advance of providing their personal information to us
  • where possible, have that person provide us with their personal information themselves


We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure that you are familiar with the current version.


We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.


If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. Exercising our and your rights in relation to these terms of use is not subject to the consent of any third party.


These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.


These terms of use will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape High Court).[/accordion]

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