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Terms & Conditions and Privacy Policy

Welcome to Joyaapples.co.za (the “Site”), operated by TopFruit. (the “Company,” “we,” or “us”). The Company offers the Site conditioned upon your acceptance of these Terms of Use (these “Terms”), and your continued use of the Site constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, do not use the Site.

The content, information, software, designs, and data included in the Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.

Unless indicated to the contrary, you may use the Site only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, you may access, copy, download and print the Content made available on the Site, provided that you do not modify or delete any copyright or other notice that appears on the Content.

We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:

In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these Terms.

Privacy Policy describes our practices with regard to personal information that we collect through the Site. The Privacy Policy is incorporated into these Terms by reference, and by using the Site you agree to our use of any information that we collect from you in conformance with our Privacy Policy.

The Site may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to the Company a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, whether now known or hereafter invented, including for commercial or marketing purposes, and to use your name or likeness alone or in connection with such uses.

Except as provided in our Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from disclosure.

By providing User Submissions through the Site, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions:

We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.

The Site may contain links to other sites that are not operated by our family of companies. These links are provided as a convenience to you. However, we do not represent that we have endorsed or evaluated the information on those other sites. Your relationship with the operators of these third-party sites is governed by the terms and conditions and privacy policy, if any, of those sites, and not by these Terms. Therefore, you should review those documents before using the third-party services.

We respect the intellectual property rights of others. If you believe that Content on the Site violates your copyright, please send us a notice using the following contact information:

Email: lizam@topfruit.co.za    |    Tel +27 21 874 1033   |   Fax +27 21 874 2110

TopFruit® PO Box 73, Simondium 7670, South Africa

TopFruit Estate, Watergat Afdelingspad, Simondium

Your notice must include:

Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the servers that make the Site available will be virus-free or otherwise free of harmful components; or that information on the Site will be complete, accurate or timely. If you download any materials from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us or through or from the Site will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

To the greatest extent permitted by applicable law, neither we, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Site (including any delay or inability to use the Site), (2) any information, products or services advertised in or obtained through the Site, or (3) our removal or deletion of any materials submitted or posted on the Site, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.

Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Site and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute.

You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising from or in connection with your use of the Site or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defence of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company’s prior written approval.

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes.

These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Site, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

If you have any questions or comments about these Terms or the Site, please contact us by:

Email: lizam@topfruit.co.za    |    Tel +27 21 874 1033   |   Fax +27 21 874 2110

TopFruit® PO Box 73, Simondium 7670, South Africa

TopFruit Estate, Watergat Afdelingspad, Simondium


 

Competition Full Terms and Conditions

1. Competition details form part of these terms and conditions.

2. The winner will receive a FitBit to the value of R3000.00

3. Entry is open to residents of South Africa except employees (and their families) of TopFruit, associated printers and agents, the suppliers of the prizes and any other companies associated with the competition.

4. Competition period runs from midnight 4th of January 2017 up until midnight 31st of January 2017. Any entries before or after these dates will be void.

5. Proof of identity (SA Barcoded ID) will be required in order to claim your prize.

6. Use of a false name or address will result in disqualification.

7. All entries must be made directly by the person entering the competition.

8. Entries made online using methods generated by a script, macro or the use of automated devices will be void.

9. No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.

10. The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.

11. Prizes are subject to availability and the prize suppliers’ terms and conditions.

12. The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.

13. In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.

14. Unless stated otherwise the winner will be drawn at random from all correct entries during the duration of the competition. Competition prize draw will take place on 2 February 2017 at our independent accountant Carl Schultz & Associates offices in Simondium.

15. We will attempt to contact the winner three (3) times on Facebook, via private message, including leaving a message where possible, in a period of 24 hours. If the winner cannot be contacted, or is unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner-up selected by the same judges.

16. Confirmation of the prize will also be made in writing to the winner via email or sms if these contact details are provided.

17. Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.

18. Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.

19. Competitions may be modified or withdrawn at any time.

20. The provider of the prize is specified within the promotional material.

21. The Promoter is TopFruit (Pty) Ltd, Watergat Pad, Simondium.

22. In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.

23. A list of winners will be available by writing to the Promoter at the Promoter’s address no earlier than six weeks (unless otherwise stated) after the close of the competition. Only the surname and city of the winners will be disclosed.