TERMS OF USE
Last Updated: Oct 2020, Version 1.1
Welcome to tcck.co.za. Your use of this website (“Website”) is governed by the terms and conditions (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you (“you” ”your” “User”) and Taurus Cape Kelp (PTY) ltd, the owner and operator of tcck.co.za. (“us, “we” or “Taurus”).
By using the Website, you agree to these Terms. Please read them carefully.
These Terms are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “User”) and who purchases products or Goods from Taurus “Goods”.
We offer a wide range of products and Goods, and sometimes additional terms may apply. In addition, these terms are subject to change without notice. An up-to-date version of the Terms and Conditions shall be available on www. tcck.co.za. The current version of the Terms shall be as indicated at the head of those documents. By your continued use of the website, you agree to be bound by these Terms.
By using the Website and ordering any Goods from the Website or through any order, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
ELECTRONIC COMMUNICATIONS
When visiting tcck.co.za, or when you send us e-mails, you are communicating with us electronically. By using the Website you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Website. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
OTHER INTELLECTUAL PROPERTY
Taurus is the sole owner or lawful licensee of all the rights and interests of the Website and rights to sell the Goods. You agree not to infringe any or all of the title, ownership and intellectual property rights of Taurus. You hereby indemnify Taurus to the extent of any breach of intellectual property rights by or through your use of the Website. All rights not otherwise claimed under the Terms or by Taurus are hereby reserved.
PROPER USE GOODS
You shall not utilize the Goods sold by Taurus in any manner, including for human consumption, as not specifically directed by Taurus. In the event that you have any queries on the use of the Goods, please contact us directly.
INDEMNITY
You hereby agree to indemnify and hold Taurus, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of the Website or the Goods (including but not limited to the use of the Goods in any manner which they are not expressly deemed to be used) or from your breach of any of the Terms. You hereby further agree to indemnify and hold Taurus, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third-party claimants or other third parties relating to Goods and the use of the Goods. You also agree further that Taurus is not responsible and shall have no liability to you, for any use of the Goods. Taurus reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Taurus in asserting any available defenses.
RETURNS AND REFUNDS POLICY
Please refer to our Returns and Refunds Policy for more information.
PRODUCT DESCRIPTIONS
Taurus endeavors to be as accurate as possible, however, mistakes happen and the Goods are natural products that may vary in quality, colour, and distinction. Taurus does not warrant that standard Goods description or other content on the Website is accurate, complete, reliable, current, or error-free. If Goods offered by Taurus are not as described, your sole remedy is to return the Goods in unused condition subject to any returns or refunds policy that we may have in place.
DELIVERIES
Delivery timeframes communicated by Taurus are estimates and dependent on many factors beyond its control, including but not limited to stock shortages, courier availability, shipping delays, government delays and forces of nature. In no event shall Taurus be liable for delays in deliveries beyond the estimated timeframe. Furthermore, no responsibility will be attributed to us for any loss or damage incurred by you on account of any delay in delivery arising out of any circumstances beyond our reasonable control. We undertake to communicate any delay that we are aware of to you timeously. However, a failure to communicate any delay will not attribute any liability to us.
FORCE MAJEURE
Taurus shall in no event be held responsible for the delay and/or non-provision of Goods, or unavailability of Goods or the Website for any reason whatsoever including but not limited to a shortage in stock, amendment of any regulations in law, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, epidemics or pandemics, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
TAXES
Taurus is a registered VAT vendor.
All prices quoted for Goods represent the full price including VAT, unless expressed otherwise.
APPLICABLE LAW
These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website 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 these Terms.
In the event of any dispute arising between you and Taurus, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the Consumer Protection Act is complied with.
MISCELLANEOUS
Approvals and consents
Unless these Terms expressly provide otherwise, Taurus may give or withhold approval or consent in Taurus absolute discretion and subject to any conditions determined by Taurus. Taurus is not obliged to give its reasons for giving or withholding consent or approval or for giving consent or approval subject to conditions.
Assignments and transfers
A User must not assign or transfer any of its rights or obligations under these Terms, or attempt to do so, without the prior written consent of Taurus. Taurus is entitled to transfer any rights and obligations to any third parties at its sole and absolute discretion.
Entire agreement
These Terms and the policies and procedures set out on the Website from time to time contain everything the parties have agreed in relation to the use of the Website and the Goods. We may amend these Terms from time to time.
Exercise of rights
Taurus may exercise a right, power, or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power, or remedy by Taurus does not prevent a further exercise of that or any other right, power or remedy and failure by Taurus to exercise, or delay by a party in exercising a right, power or remedy does not prevent its exercise. Except where expressly stated to the contrary in these Terms, the rights of Taurus under these Terms are cumulative and are in addition to any other rights available to Taurus whether those rights are provided for under these Terms or by law.
No adverse construction
No term or condition of these Terms will be construed adversely to a party solely on the ground that the party was responsible for the preparation of these Terms or that provision.
Severability
Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from these Terms in the relevant jurisdiction, but the rest of these Terms will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
Release
You release Taurus (and Taurus’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more third parties, or an outside party.
Variation
To the extent permitted by law, Taurus is permitted to revise these Terms at any time as it sees fit, without prior notice to a User, and any revisions will take effect when posted on the Website, unless a later date is stated in the revised Terms. A User’s continued use of this Website will be construed as a User’s consent to the amended or updated Terms and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of this Website.
Breach
If either Taurus or the User commits a breach of these Terms 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 these Terms 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.
Disputes
In the event of any dispute or difference arising between Taurus and the User relating to or arising out of these Terms, including the implementation, execution, interpretation, rectification, termination or cancellation of these Terms, Taurus and the User or any of their designated officials shall upon request by the other meet to attempt to settle such dispute or difference, and failing settlement within a period of 7 (seven) business days from such a request, the said dispute or difference shall on demand by either Taurus or the User be submitted to arbitration in Johannesburg in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
Taurus and the User irrevocably agree that the decision in any arbitration proceedings:
will be binding on both of them;
will forthwith be carried into effect;
may be made an order of any court of competent jurisdiction.
Nothing herein contained shall be deemed to prevent or prohibit either Taurus or the User from applying to the appropriate court for urgent relief.
DISCLAIMER
The use of the Website and the Goods is entirely at your own risk and you assume full responsibility for any risk or loss or third party claim resulting from use of the Goods or reliance on any information on the Website.
Whilst Taurus takes reasonable measures to ensure that the content of the Website is accurate and complete and that the quality of the Goods is satisfactory, Taurus makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or the quality of the Goods or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Taurus representatives, Taurus shall not be bound thereby.
Taurus disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your use of the Goods unless otherwise provided by law.
In addition to the disclaimers contained elsewhere in these Terms, Taurus also makes no warranty or representation, whether express or implied, that the Goods are suitable for human consumption or for any other use. You accept all risks associated with the use of the Goods. Taurus thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your use of the Goods.
GLOSSARY
We've used a number of definitions in these Terms to make them easier to read. When any of the following terms are used in these Terms, unless it's very clear that the intention was different, they will have the following meanings:
"Goods” means the goods or products for sale by Taurus which include inter alia Ecklonia Maxima (giant brown kelp), Gelidium (red algae), liquid kelp concentrate and any other products.
“Terms” means the legal terms and conditions contained in this document;
“User” means any person who participates in the purchase of Goods either from the Website or otherwise
“Website” means the website located at the following domain www.tcck.co.za