Terms and Conditions
1. Terms and Conditions
1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you” “your” or the “customer” in this document) and us. We are Red Gekko (Pty) Ltd Registration No CK 2012/081025/07 registered in South Africa with our registered office at 13 Bridgewater 11 Avenue Sandton 2128 and we refer to ourselves as “Retail Price Watch”, “Red Gekko” “we” “us” or “our” in this document.
1.2 Please read this agreement carefully. By accessing or using this website or by using any facilities or services made available to it, you are agreeing to the terms and conditions that appear below (all of which are called “the Agreement”). This agreement is made between you and us.
1.3 We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at email@example.com) if you do not wish to be bound by such terms and conditions. However, continued use of the service or the website will be deemed to constitute acceptance of the new terms and conditions.
2. Provision of the Website Service
2.1 Use of the Service and Website are each subject to the Terms and Conditions set out in this Agreement.
2.1.1 Place: The Website and the Service are directed solely at those who access the Website from the Republic of South Africa. If you choose to access the Website (or this Service) from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
2.1.2 Scope: The Website and this Service are for your non-commercial, personal use only and must not be used for business purposes. If you wish to use information from the Website or the Service for commercial purposes, please contact Red Gekko using the email address on this website and we will be happy to discuss this with you. Scraping of our website is not allowed.
2.1.3 Prevention of Use: We reserve the right to prevent you using the Website and the Service (or any part of them).
2.1.4 Registration: We reserve the right to decline a new registration or cancel registration at any time.
3. Rules about the use of the Service and the Website
3.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of a fault in the Service, you should report it by email to: firstname.lastname@example.org. We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages transmitted via the Service or the Website) will be transmitted accurately, reliably, in a timely manner or at all. We do not give a Warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology. We will always attempt to restore full access as soon as is reasonably possible.
3.2 We assume no responsibility for the content of any other website or service to or from which the Website or the Service has links (including relating to social networking sites such as Facebook and Twitter). Please note that use of functionality of social networking sites linked to or from the Website may involve sending data (including emails) from your account at those sites and not via the Website. This is your responsibility. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). We may at any time withdraw any information or any Store (or any goods or services of a Store) from the Service. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to breaches of any of the Clauses in this document.
3.3 If you use (or anyone other than you, with your permission uses) the Website or Service in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part).
3.3.1 If we suspend the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
4. Your Statutory Rights
4.1 As a consumer, nothing in this agreement affects your non-excludable statutory rights.
4.2 The website may contain advice and information about your health. This information is presented for information and discussion purposes only. Any comments relating to the above will be moderated by us and we are under no obligation to publish any such comments.
4.3 The pricing data we supply is intended to communicate information to you about stores and the goods and services available to you from those stores to allow various types of comparisons between stores and the goods and services available at those stores. Although we try our best to compare any goods and services honestly and fairly, we are dependent on data collected independently by us from individual stores. We do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed via the Website or otherwise communicated to you (by email, by hard copy printout from the Website or otherwise). You agree that ultimately if you buy from a Store or decide to buy certain goods or services rather than others (or at all), the responsibility for doing so is yours alone. You acknowledge that the guide prices, specific health information and other information relating to goods and services are in some instances not updated on a real time basis and that it is your responsibility to verify actual prices and other details with each Store.
4.4 As part of the Store Service and Website, we may present to you offers which we understand are available at the Stores ("Offers"). However, we make no warranty that any Offers are or will continue to be available at relevant Stores.
5. Prohibited uses
5.1 The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following
5.1.1. Resale of the Service (or Website) without our prior written consent;
5.1.2. Furnishing false data including false names addresses and contact details
5.1.3 Attempting to circumvent Retail Price Watch’s security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
5.1.4. Accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6. General Registration Rules
6.1 All registration accounts (and all email addresses supplied to receive information emails) must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any registration accounts (or email addresses supplied to receive information emails) which have been registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their registration accounts (or email addresses supplied to receive information emails) if we believe they have been using an invalid email address.
6.2 We reserve the right to close registration accounts (and shut down receipt of information emails) if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-South African user pretends to be a South African user, or disrupts any Services in any way.
6.3 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts (and email addresses that we hold for you).
7. Intellectual Property Rights
7.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service any database operated by us, Software and all the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and Software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
7.2 We expressly reserve the rights to use, copy, modify, adapt, translate, publish and distribute world-wide any testimonials you may provide to us about the Website, the Services or us and we may use your first name and general location appended to the testimonial.
7.3 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
7.4 We (or our licensors) grant you a non-exclusive, revocable, non-transferable licence to use the Software through the Website for the purpose of using the Service. Using the Service and our Software allows you to obtain information held on our Website or from the websites of third party providers. When you use the Service, you may cause our Software to send a request to the third party providers for information regarding goods and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our Software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our Service and Software available to you by which you may access such third party sites.
7.5 We shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if you commit any breach of these terms;
8. Force majeure
8.1 We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
9. Entire agreement
9.2 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character.
9.3 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
9.4 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.