TERMS AND CONDITIONS
Introduction
By using the Tastry website you agree to all the terms and conditions listed below. Use of this website includes placing orders or any other service Tastry may offer.
Please take special care when reading these. No employee, sales agent or affiliate to Tastry has the authority to overrule or change any of the Terms and Conditions.
Registration
Signing up to this service means you not only agree to the Terms and Conditions, but also that you agree to providing the following information to us, which will be used for the service delivery of our products to you.
- You full name
- Your address, including the postal code of the billing address associated with the card
- Your contact numbers
- Your email address
You will receive notifications confirming that your order has been placed, please take time to carefully review these and contact us if anything is incorrect.
Product Prices & Availability
The product price quoted on the website at the time of placing your order shall be the price charged to you. Excluding any inadvertent technical errors or glitches, we will honour any prices as published at the time of placing your order. We have the right to change the price of any product at any time.
Payment Options Accepted
- Credit Card – Payments are made through Payfast. Tastry will hold the customers personal details, separate to the credit card details which will be held by Payfast. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Please visit www.payfast.co.za for more information on this service.
- EFT – Payments through electronic transfer may be accepted, please specify this option when you place your order. Tastry banks through FNB, so please ensure you allow for two working days for your payment to reflect in our account. Only upon receiving proof of payment will your delivery be dispatched.
Any use by you of the website operated at www.tastry.co.za is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is Your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your use of the Site will be deemed acceptance of these Terms and Conditions, including our Privacy Statement.
2) If You do not accept these terms & conditions, please immediately desist from accessing the site.
3) This Site is made available by Tastry Limited and its subsidiaries, affiliates, parent
companies and any of their related businesses are referred to in these Terms & Conditions as “we”,”us” or “our”.
4) Rights – all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that You are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that You may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
5) Intellectual Property – We are the owner and/or authorised user of all trademarks, service marks, designs, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms and Conditions, use of the Site does not grant You any right, title, interest, or license to any such intellectual property You may access on the Site. Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property is prohibited.
6) Copying – You may view this Site and You are welcome to print hard copies of material on it solely for Your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
7) No warranties – this site is provided “as is,” and Your use thereof is at Your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be free from viruses. although we take reasonable steps to secure the site, You acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials You post on or transmit through the site will be safe from unauthorized access or use. If You are dissatisfied with the site, Your sole remedy is to discontinue using the Site.
8) Third Party Goods and services – We do not vouch for those persons, companies, and other organisations whose goods or services may be accessed or displayed through or on the site.
9) Your responsibility – You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is Your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with Your equipment.
10) In circumstances where You provide us with information relating to any third parties, You warrant that You have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.
11) No liability – to the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential or otherwise) suffered by You as a result of Your use of the site or from any computer virus transmitted through the site, or other sites accessed from this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to You for all proven damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, (ZAR) R500.00.
12) Materials submitted by You – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from You through the Site, any of its services, by email, or in any other way. Any information or material submitted by You, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by You to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of You as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by You because of use or disclosure of such materials by us to the
extent permitted by law. This paragraph does not affect any rights You may have under data privacy laws that protect Your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
13) User Information – In the course of Your use of the Site, You may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that You are solely responsible for the accuracy and content of the User Information.
14) Links from and to the Site – You acknowledge and agree that we have no responsibility for the information provided by Web sites to which You may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
15) Indemnity – You will indemnify us against any loss, damage or cost incurred by us arising out of Your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, Your submission or transmission of information or material on or through the Site or Your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which You have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that You will fully cooperate with us in any such defences.
16) Restriction, Suspension and Termination – We may restrict, suspend or terminate Your access to the Site and/or Your ability to avail of any of the services on the Site, including interactive services, if we believe that You have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against You in respect of Your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace Your IP address and if necessary, contact Your ISP in the event of a suspected breach of these Terms and Conditions.
17) These Terms & Conditions, including our Privacy Statement, constitutes the entire agreement between You and us in relation to its subject matter and supersedes all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and You agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
18) Copyright And IP – We respect the intellectual property rights of others and require that the people who use the Site do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to our address below:
Your address, telephone number, and email address
- A description of the copyrighted work that You claim has been infringed
- A description of the alleged infringing activity and where the alleged infringing material is located
- A statement by You that You have a good faith belief that the disputed use is not authorised by You, the copyright owner, its agent, or the law
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.
19) Tastry may be contacted at:
Tastry Group
The Campus
57 Sloane street
Bryanston
Gauteng
2191
Tel: 011 565 8000
20) Law and Jurisdiction – These Terms & Conditions, including the Privacy Statement and any matter relating to this Site, shall be governed by South African law.
Company Information
This website is owned and operated by Tastry Group (Pty) Ltd based in South Africa.
Contact Us
For any support please contact Tastry by emailing to the address on the Contact us page.