Malinda du Preez t/a Starkling Solutions (“Starkling Solutions”) website terms and conditions (“terms and conditions”).
These terms and conditions are effective as of 10 January 2020 “effective date” read the website terms and conditions carefully before browsing the website.
A user’s continued use of the website indicates that the user has both read and accepted the terms and conditions. A user cannot use the website if it does not accept the terms and conditions. All sections of the terms and conditions are applicable to the user Introduction
Starkling Solutions’s website https://www.quickpickveg.com (“the Website”) is made available, and owned by Malinda du Preez t/a Starkling Solutions as licensed from Starkling Solutions (hereinafter referred to as “Starkling Solutions “, “the Starkling Solutions Contract Website” “Website”, “we”, “our” or “us”). Any reference to “Starkling Solutions”, “we”, “our” or “us” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.
Accessing and/or use of the Website after the Effective Date as set out above will signify that the User has read, understands, accepts, and agrees to be bound, and is bound, by the Terms and Conditions, in such User’s individual capacity and/or for and on behalf of any entity for whom the User utilises the Website. Further, the User represents and warrants that it has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
To the extent permitted by applicable law, we may modify the Terms and Conditions, and the User shall be advised of such modifications by email prior to same being effected. All revisions to the Terms and Conditions shall further be noted within such Terms and Conditions and will take effect on the date advised in the email, unless a later date is otherwise stated in the revised Terms and Conditions.
These Terms and Conditions will apply fully and affect a User’s use of the Website. By using this Website, a User agrees to accept the Terms and Conditions as contained herein in full.
Should a User not agree to the terms contained herein, a User must immediately desist from using this Website. Interpretation
In these Terms and Conditions:
If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Terms and Conditions.
Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.
Starkling Solutions enables a User through its Website, to shop for and purchase an extensive range of Items as appear on the Website on a once off basis; alternatively
A User may become a subscriber, thereby allowing the User to sign up for various packages containing pre-selected Items at a set monthly fee and for a prescribed term, as provided for on the Website. Registering as a user
Only a User may make use of the Services.
Subject to, and on the basis of a Browser’s acceptance of the Terms and Conditions, and thus becoming a User, we grant the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
The price of each of the Items individually together with the price of the various packages comprising certain of the Items shall be as reflected on the Website, in South African Rands, and shall be inclusive of VAT. Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made be either debit or credit card. When making payment, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold release of the Items until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Items will be cancelled. A User warrants that it is fully authorised to use the credit or debit card supplied for purposes of paying for the Items. A User further warrants that its credit or debit card has sufficient available funds to cover all the costs incurred as a result of purchasing the Items.
A User will when making payment, be directed to a link to a secure site for payment of the purchase price in respect of the Items.
Items will only be transmitted to the User once payment has been effected and payment is reflected in our banking account. Discount coupons
We may, at our own discretion, and from time to time, offer discount coupons in respect of certain of the Items.
In order for a coupon code to be honoured, the discount as associated with the coupon code:
shall not be redeemed against any Item except that for which the discount coupon is offered; cannot be replaced if expired; may not be used as a credit claim against cash that has already been dispensed in respect of payment for the same Item; is non-transferrable and may not be exchanged for cash.
Release of items
Items will be transmitted to the User via email within 5 minutes of payment being reflected in our banking account.
The email address to which the Items are released shall be the same email address as provided by a User when registering for the Services. Warranties by the user
The User warrants and represents that the personal information provided to us is and shall remain accurate, true and correct and that the User will update the personal information held by us to reflect any changes as soon as possible.
The User further warrants that when registering on the Website it:
is not impersonating any person; and is not violating any applicable law regarding use of personal or identification information. Further and insofar as the registration process is concerned, the User warrants that its log in details shall: be used for personal use only; and not be disclosed by a User to any third party. For security purposes the User understands that if it should use the incorrect log in details when attempting to purchase Items access to the Services will be denied.
The User agrees that, once the correct log in details have been entered, irrespective of whether the use of the log in details is unauthorised or fraudulent, the User will be liable for payment of such Items purchased. Unauthorised use of the website by the user
A User may not use the Website for any objectionable or unlawful purpose.
A User is not able to upload any information onto the Website save for the personal information as required when registering for the Services.
A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website, any of our emails or the Items.
A User may not distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services. Warranties by Starkling Solutions
We make no representation or warranty (express or implied) that the Website or Services will:
meet a User’s needs; be accessible at all times; be accurate, complete or current; or be free from viruses. Subject to any express terms, Starkling Solutions makes no representation or warranty as to the volume or subject area of Services accessible through the Website. Except for any express warranties in these Terms the Services are provided “as is”. Starkling Solutions makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
Starkling Solutions does not warrant that the use of the Website will be uninterrupted or error free, nor do we warrant that we will review information for accuracy or that we will preserve or maintain the User’s personal information without loss.
Starkling Solutions shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law. Limitation of liability and indemnity
The Website shall be used entirely at a User’s own risk. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise. Links to other websites
The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website. Copyright
Starkling Solutions and the contents of the Website, together with the Items are the property of Starkling Solutions, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
Except as stated in the Terms and Conditions, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Items or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Starkling Solutions. Intellectual property
A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose. Confidentiality
Confidential information means any documents or information created, received or obtained from Starkling Solutions, together with information relating to Starkling Solutions as well as non-public information pertaining to Starkling Solutions’s business (including, without limitation pricing information, any related entities, the identity of a User, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.
A User may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to Starkling Solutions without our prior written permission, or in violation of any express or implied duty or contractual right.
Where a User is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
The User shall notify Starkling Solutions immediately upon becoming aware of a suspected or actual breach of this obligation.
Starkling Solutions will not disclose or make available, directly or indirectly, any User’s Confidential Information, except where Starkling Solutions has the User’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms and Conditions), in furtherance of the User’s use of the Services, to enforce all or any of the terms or if legally compelled to do so.
Protection of data
Starkling Solutions makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that personal information, alternatively any data uploaded onto the Website may not be accessed, disclosed, altered or destroyed by breach of Starkling Solutions’s administrative, managerial and technical safeguards. Therefore, Starkling Solutions urges the User to take adequate precautions to protect its personal data and login details including never sharing its password with anyone.
If the User commits a breach of these Terms and Conditions and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and Conditions and access to the Website and/or Website and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance. Dispute resolution
Any dispute which arises between the User and Starkling Solutions in respect of the Terms and Conditions shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
The arbitration referred to shall be held:
at Cape Town or other venue agreed by the parties in writing; in English; and immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.
The Parties irrevocably agree that the decision in arbitration proceedings: shall be final and binding upon them; shall be carried into effect; may be made an order of any court of competent jurisdiction.
Notices and domicilium
The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Terms and Conditions, the following:
Malinda du Preez t/a Starkling Solutions Khabula Farm RD7, Doornhoek Road, Magaliesburg, South Africa email@example.com
User: The address as provided when registering on the Website.
Both Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
All notices to be given in terms of the Terms and Conditions will:
be given in writing; be delivered or sent by email; and be presumed to have been received on the date of delivery.
Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
No contract varying, adding to, deleting from or cancelling the Terms and Conditions, and no waiver of any right under these Terms and Conditions, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.
Clauses which out of necessity or by implication herein survive termination of these Terms and Conditions, shall remain in full and effect despite the termination hereof. Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
Data Messages (as defined in the ECT Act) will be deemed to have been received by Starkling Solutions if and when Starkling Solutions responds to the Data Messages. Data Messages sent by Starkling Solutions to a User will be deemed to have been received by the User, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.
The User acknowledges that electronic signatures, encryption and/or authentication are not required for valid electronic communications between the themselves and Starkling Solutions.
The Terms and Conditions constitute the entire between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.
Our failure to enforce any provision of the Terms and Conditions shall not constitute a waiver of such provision. Further, any consent to depart from the Terms and Conditions shall be ineffective unless it is confirmed in writing and signed by us.
Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with the Terms and Conditions is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
The rights, powers and remedies provided to Starkling Solutions in the Terms and Conditions are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Terms and Conditions.
The Terms and Conditions together with the other terms and legal documents situated on the Website constitute the entire agreement in as far as the provision of the Services are concerned. The User acknowledges and agrees that it has not relied on any representations by Starkling Solutions except those contained in the Terms and Conditions.
The laws of the Republic of South Africa shall apply to these Terms and Conditions.
Any claims, legal proceeding or litigation arising in connection with the Terms and Conditions shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
Starkling Solutions may assign or novate any of our rights or obligations under these Terms and Conditions without a User’s consent. A User may not assign or novate any of his/her/its rights.
If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect. Preparation
Every business needs professional legal contracts. But, most businesses are forced to go without. Starkling Solutions aims to change this and make high-quality legal documents accessible to all South Africans. Information
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