Website Terms and Conditions:
Acceptance of Terms
Akila Foods CC permits the use of this
Website subject to these terms and conditions ("the Terms and
Conditions"). By using this Website in any way, you shall be deemed to
have accepted all the Terms and Conditions unconditionally. You must not use
this Website if you do not agree to the Terms and Conditions. In the event of
any conflict between the Terms and Conditions and any other conditions
stipulated elsewhere, including in one of our SuppliersÕ terms and conditions,
the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including
any content, information, software, icons, text, links, graphics, lay-outs,
images, sound clips, trade names, logos, trademarks and service marks are
protected by law, including but not limited to copyright and trade mark law,
and are owned by or licensed to Akila Foods CC. No license to or right in any
of such contents is granted to or conferred upon you. Any unauthorized use,
distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that
you will not use any device, software or other instrumentality to interfere or
attempt to interfere with the proper working of the Website and that you will
not take any action that imposes an unreasonable or disproportionately large
load on our infrastructure. In addition, you agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or copy the
pages of the Website or the content contained herein, without the prior written
consent from an authorized Akila Foods CC representative (such consent is
deemed given for standard search engine technology employed by Internet search
websites to direct Internet users to this Website). You may not use the Website
to distribute material which is defamatory, offensive, and unlawful or contains
hate speech.
Disclaimer
While Akila Foods CC takes reasonable
measures to ensure that the contents of this Website are accurate and complete,
Akila Foods CC makes no representations or warranties, whether express or
implied, as to the quality, timeliness, operation, integrity, availability or
functionality of this Website or as to the accuracy, completeness or
reliability of any information on this Website. Akila Foods CC reserves the
right to make changes, corrections and/or improvements to the information and
to the products and programs described in such information, at any time without
notice.
Akila Foods CC will use reasonable
endeavours to maintain the availability of the Website, except during scheduled
maintenance periods, and reserves the right to discontinue providing the
Website or the service or any part thereof with or without notice to you. Any
person who accesses this Website or relies on this Website or on the
information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained
elsewhere in these Terms and Conditions, Akila Foods CC also makes no warranty
or representation, whether express or implied, that the information or files
available on this Website are free of viruses, spyware, malware, trojans,
destructive materials or any other data or code which is able to corrupt,
destroy, compromise or jeopardise the operation, stability, security
functionality or content of your computer system, computer network, hardware or
software in any way. Akila Foods CC does not accept any responsibility for any
errors or omissions on this Website.
Privacy Policy:
Akila Foods CC has a strong commitment to
providing excellent service to all of our customers and visitors of this
Website, including respecting concerns about privacy. Akila Foods CC will
explicitly ask when we need information that personally identifies you or
allows us to contact you ("personal information"). Generally this
information is requested when making reservations; when requesting a particular
service. You agree to provide accurate and current information, and not to
impersonate or misrepresent any person or entity or falsely state or otherwise
misrepresent your affiliation with anyone or anything.
The purposes for which Akila Foods CC will
use your personal information are as follows: to transact with you via the
website or email regarding purchase and reservation, to provide services to you
via our website; to inform you of new features, services, special offers and
products (provided you have consented to receiving such marketing material); to
enable us to process, validate and verify reservations and requests for
services and for the purposes for which you specifically provided the
information; to improve your experience on our website.
Akila Foods CC shall be entitled to
disclose personal information if required to do so (a) to comply with
applicable law or with legal process served on Akila Foods CC; (b) to protect
and defend the rights or property of Akila Foods CC, and (c) for the purposes
of distributing same to various employees and/or third parties who assist Akila
Foods CC in providing services to you and thus need to know your personal
information in order to render a proper and efficient service to you. We will
ensure that all such employees and/or third party service providers having
access to your personal information are bound by appropriate and legally
binding confidentiality and non-use obligations in relation to your personal
information.
You are aware that information and data is
automatically collected through the standard operation of the Internet servers
and through the use of "cookies." "Cookies" are small text
files a website can use to recognise repeat users, facilitate the user's on going
access to and use of the website and allow a website to track usage behaviour
and compile aggregate data that will allow content improvements and targeted
advertising. Cookies are not programs that come onto your system and damage
files. Generally, cookies work by assigning a unique number to you that has no
meaning outside the assigning site. If you do not want information collected
through the use of cookies, there is a simple procedure in most browsers that
allows you to deny or accept the cookie feature; however, you should note that
cookies may be necessary to provide you with certain features (e.g., customized
delivery of information) available on our Websites.
WHILST AKILA FOODS CC IS OF INTENT TO TAKE
REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT
SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED
AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
Akila Foods CC will:
¥ treat your personal information as
strictly confidential;
¥ take appropriate technical and
organisational measures to ensure that your personal information is kept secure
and is protected against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access;
¥ promptly notify you if we become aware
of any unauthorised use, disclosure or processing of your personal information;
¥ provide you with reasonable evidence of
our compliance with our obligations under this policy on reasonable request;
and
¥ upon your request, promptly return or
destroy any and all of your personal information in our possession or control.
We will not retain your personal
information longer than the period for which it was originally needed, unless
we are required by law to do so, or you consent to us retaining such
information for a longer period.
Linked Third-Party Website and Third-Party Content
This Website may contain links or
references to other websites outside of our control, including those of
advertisers. These Terms and Conditions do not apply to those websites and Akila
Foods CC is not responsible for the practices and/or privacy policies of those
sites or the cookies those sites use. In addition, because Akila Foods CC has
no control over such external sites and resources, you acknowledge and agree
that Akila Foods CC is not responsible for ensuring the availability of such
external websites or resources and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such websites or resources. Your use of such other websites is
entirely at your own risk and we are not responsible for any loss, expense,
claim or damage, whether direct, indirect or consequential, arising from your
use of such other websites or your reliance on any information contained on
those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame,
metatag or similar reference, whether electronically or otherwise (collectively
referred to as linking), to this Website or any subsidiary pages before
receiving the prior written approval of an authorised representative of Akila
Foods CC, which may be withheld or granted subject to such conditions Akila
Foods CC may specify from time to time. Furthermore, this Website or any part
hereof may not be "framed" or "deep linked" in any way
whatsoever. This Website may from time to time contain message boards which
allow users to comment on their experience at Akila Foods CC. At times those
comments may contain references to matters not related to Akila Foods CC. Those
references do not necessarily represent the views of Akila Foods CC.
Limitation of Liability
AKILA FOODS CC SHALL IN NO WAY BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR
DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR
CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE
THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE
CONTROL OF AKILA FOODS CC.
YOU HEREBY INDEMNIFY AKILA FOODS CC
AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY
THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY
YOU OF AN ELECTRONIC MAIL FROM AKILA FOODS CC OR ONE THAT PURPORTS TO EMANATE
FROM AKILA FOODS CC, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE
GROSS NEGLIGENCE OF AKILA FOODS CC.
Changes to these Terms and Conditions
Akila Foods CC reserves the right to
update and/or amend the Terms and Conditions from time to time and without any
notice, and you are accordingly encouraged to check the Website regularly. Any
such change will only apply to your use of this Website after the change is
displayed on this Website. If you use this Website after such updated or
amended Terms and Conditions have been displayed on this Website, you will be
deemed to have accepted such updates or amendments.
Termination
Akila Foods CC may in its sole discretion
terminate, suspend and modify this Website and/or your use of this Website,
with or without notice to you. You agree that Akila Foods CC will not be liable
to you in the event that it chooses to suspend, modify or terminate this
Website or your use of this Website.
Governing Law
The Terms and Conditions shall be governed
and interpreted in accordance with the laws of the Republic of South Africa and
application for any of the services offered on these pages or sites will
constitute your consent and submission to the jurisdiction of the South African
courts regarding all proceedings, transactions, applications or the like
instituted by either party against the other, arising from any of the terms and
conditions pertaining to such services.