This website can be accessed at https://paulshomemade.com/, related mobi-sites and software applications (the “Website”) and is owned and operated by PAUL’S HOMEMADE (PTY) LTD TRADING AS PAUL’S HOMEMADE ICE CREAM (the “Company”).
Use of the Website and its contents are subject to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you” or the “User”), whether or not the User is a registered member of the Site (“you” or “Registered User”).
By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
If any of these Terms and Conditions are unacceptable to the User and/or Registered User, please refrain from using the Website.
The Website is operated to you with a quick, convenient and affordable way to acquire a range of the Company’s products, including ice-cream, baked goods, waffles, milkshakes, coffee and as the Company trades nationally (“Goods”).
REGISTRATION AND USE OF THE WEBSITE
Only Registered Users may order Goods on the Website.
To register as a user, a unique username and password must be provided to the Company as well as certain information and personal details. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only if registered as an individual and/or for business use only if registered as a business; and
not be disclosed to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order of Goods, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you have full legal capacity and if using the Website on behalf of a company, are duly authorised to do so.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from the Company.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of the Company.
You hereby give your consent to the Company to carry out any credit check and/or company search (including its associated Directors, Shareholders and/or Members) with any registered credit bureau in order to monitor and determine the credit worthiness of the User and/or Registered User.
USER ACCOUNT AND RULES OF CONDUCT
If you register on the Website, you agree to provide accurate and complete information when creating or updating your account.
You are solely responsible for any activity that occurs on your account, and it is your responsibility to keep your account password secure.
You agree to notify us immediately of any unauthorized use of your account or other breach of security.
You may not use another User’s account without permission and/or authorisation.
We reserve the right to terminate your account if you violate any provision of these Terms and Conditions or fail to comply with our requests concerning your account.
We reserve the right at any time in our sole discretion to change or discontinue any aspect or element of the Website, or to cease making the Website available.
Nothing in these Terms and Conditions or on the Website shall be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Website. You agree not to use or register any name, logo, or insignia of the Company for any purpose except with the Company’s prior written consent.
The Terms and Conditions of Sale also set out our policy regarding exchanges and refunds.
THE WEBSITE CONTENT AND COPYRIGHT
All rights including copyright and database rights in the Website and its content including but not limited to text, images, features, designs, selection and arrangement thereof, functionality, graphics, video material, audio material, and any other content available on the Website (collectively, the “Content”) are owned by the Company.
CHANGES TO THESE TERMS AND CONDITIONS
The Company may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not in any way use the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
USE OF THE SITE
You may access the Content for your own personal and/or authorised business use only. You may not reproduce, retransmit, publish, distribute, display or otherwise make available any of the Content to others neither for remuneration nor for free.
You may not modify, copy, reproduce, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell or make available any the Content (whether in hard copy or electronic format) obtained from the Website.
During the course of using the Website, certain Confidential Information including but not limited to trade secrets, market dynamics, product procurement, pricing, customer information, marketing and sales information, business plans or dealings, consultants, employees, financial information and plans, designs, formulae, product lines, services, legal affairs, research activities, suppliers, any document marked “Confidential” (or a similar expression), or any information which the User has been told is of a confidential nature, or any information which has been given to the User, or any affiliate of the User may be shared with the User.
The User may disclose the Confidential Information received from using the Website only to its respective representatives, officers, employees, associated entities, subsidiaries or holding company whom such disclosure is reasonably necessary, and who have a similar confidentiality agreement in place with the Company.
The User shall at all times keep in confidence any confidential information of the Company that it may acquire for the purposes of or in connection with using the Website and/or transactions concluded through using the Website and shall not use or permit the use of such information for any other purpose and shall not disclose such information to any third party.
The User shall take all such steps as may be reasonably necessary to prevent the Confidential Information from falling into the hands of unauthorised third parties.
Any Confidential Information disclosed shall be solely used for the performance of contractual obligations that may arise through the use of the Website and for no other purpose.
The provisions of this clause shall endure indefinitely.
LIMITATIONS OF LIABILITY
Your use of the Website is at your own sole risk. Under no circumstances shall the Company (including its respective directors, employees, agents or representatives) be liable for any loss, costs, expenses, damages or other claims of any nature, arising directly or indirectly out of or in connection with these Terms and Conditions and/or your use of the Website, including any act, omission or misrepresentation as well as in relation to the non-compliance with or contravention by any person of any applicable laws.
You agree to indemnify and hold harmless the Company (including its respective directors, employees, agents or representatives) against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Website or any of the Content.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of the Republic of South Africa.
Service of all formal written notices and legal processes in connection with these Terms and Conditions must be addressed to Paul’s Homemade (Pty) Ltd trading as Paul’s Homemade Ice Cream at 5 17th Street, Orange Grove, Johannesburg, 2192 and must be marked for the attention of Joshua Amoils.
You hereby select the physical address (individual) or registered address or principal place of business (company) specified as part of the information provided for purposes of registering to use the Website.
All formal written and legal processes must be delivered by hand and will be deemed to have been received on the date of hand delivery.
For purposes of the Electronic Communications and Transactions Act, 25 of 2002, the Company’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
Your rights under these Terms and Conditions are personal, non-exclusive and non-transferable.
Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms and Conditions.
The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
These Terms and Conditions constitute the entire understanding and agreement between you and the Company with respect to the use of the Website and the subject matter thereto.