Our Website User Agreement

1. Introduction: Use of this website and the services provided via it (“danagayles.co.za”) are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with danagayles.co.za. danagayles.co.za is provided by Dana Gayle’s Fine Foods (Pty) Ltd at Dana Gayle’s Fine Foods (Pty) Ltd, 69/71 11th Road, Kew, Sandown, and its suppliers (“we”/”our”/”us”).
   • These terms and conditions and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of non-chargeable use of danagayles.co.za and supersede any prior agreement or arrangement with you in respect of danagayles.co.za. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to “you” and “your” in this User Agreement shall also be to that company. The purchase of [goods/services] from us is subject to our Terms and Conditions of Purchase. If there are any updates to this User Agreement or to the Terms and Conditions of Purchase, we will bring this to your attention on the home page of danagayles.co.za.
2. Availability of this website: We will endeavour to ensure that danagayles.co.za is available 24 hours per day without any interruptions. However, we reserve the right to make danagayles.co.za unavailable at any time or to restrict access to parts or all of danagayles.co.za without notice. danagayles.co.za is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via danagayles.co.za is accurate, not-misleading, complete or up to date.
3. Use of this website: Use of this website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell danagayles.co.za or any materials or information in danagayles.co.za or the structure, overall style and program code of danagayles.co.za without our consent. If you wish to make a request for consent, please contact info@danagayles.co.za.
4. Your Contributions: You agree to only use danagayles.co.za for lawful purposes and that any information that you provide in connection with, or which forms part of, danagayles.co.za will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the danagayles.co.za.
5. Links: danagayles.co.za includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to danagayles.co.za you may only do so at danagayles.co.za. Details of our linking arrangements may be obtained from info@danagayles.co.za.
6. Data Protection: It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the danagayles.co.za. Please see our Privacy Policy.
7. Intellectual property: danagayles.co.za, its style and structure, and the materials and information on are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents on danagayles.co.za assert their moral rights. danagayles.co.za and Dana Gayle’s Fine Foods (Pty) Ltd are registered trade marks of Dana Gayle’s Fine Foods (Pty) Ltd.
8. Our Liability: Since a substantial part of danagayles.co.za is both free and available to all, it is a condition that your use of danagayles.co.za is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
   • Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
   • Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the danagayles.co.za for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
   • Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the danagayles.co.za shall be limited. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises and for liability arising from statements made fraudulently by us.
9. Small Print: Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by South African law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the South African courts. Nothing in this User Agreement affects your statutory rights as a consumer.
10. Complaints: If you believe that your intellectual property or other rights are being infringed by the danagayles.co.za, or if you are dissatisfied with danagayles.co.za or any aspect of our service, in the first instance please contact info@danagayles.co.za or on 011 027 1263