Terms and Conditions of Use – KitchenAngel
Date of Last Review: 2007
IT IS IMPORTANT TO NOTE THAT THE USE OF KITCHENANGEL’S CULINARY SERVICES AND USE OF THIS WEB SITE ARE SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW.
Definitions
“the web site owner” and “we” means Lynn Angel cc t/a KitchenAngel
“this web site” means www.kitchenangel.co.za and all sub pages thereof excluding links to external sites
“user” means any person accessing any part of the web site
“consumer” means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002
No offer
1. This web site is intended only to provide information on KitchenAngel Cookery School and related culinary services. Users should regard nothing contained in this web site as an offer to do business but rather as an invitation to request a booking or quotation.
BOOKING TERMS AND CONDITIONS
2. Cancellation more than 7 days prior to scheduled date is subject to payment of 50% of event fee.
3. Cancellation less than 3 days prior to scheduled date is subject to payment of full event fee.
4. KitchenAngel reserves the right to vary or amend any information, including rates, without notice.
5. KitchenAngel offers online payment structures and credit card payments. Payment is due on receipt of invoice.
6. Vouchers are valid for no more than six months and based on the class schedule as published.
CONSUMER RIGHTS
6. As a provider of culinary services KitchenAngel does not fall under the statutory cooling-off period as set out in section 44 of the ECT Act.
7. All prices reflected on this web site are intended only as estimates and the actual applicable price will be confirmed by KitchenAngel in writing prior to finalization of booking.
8. KitchenAngel is not registered for VAT.
TIME AND MANNER OF CONTRACTING
9. The mere sending of an e-mail to KitchenAngel using the online booking form does not constitute a binding contract between KitchenAngel and a user.
10. KitchenAngel will respond to booking enquiries to confirm the terms of the agreement to be entered into.
11. A contract will be concluded when agreement has been reached on the specified terms governing the provision of services and a written communication confirming these terms is received by the relevant user.
12. Any e-mail communication sent to the web site owner will only be regarded as received once receipt has been acknowledged by the web site owner.
DISCLAIMER AND INDEMNITY IN RESPECT OF PROVISION OF CULINARY AND OTHER SERVICES
13. Lynn Angel CC t/a KitchenAngel will under no circumstances and under no conditions be held liable or responsible in law or otherwise for any loss or damages of any kind and including without limiting the generality of the aforegoing damages for physical, special, consequential and/or pure economic loss, howsoever occasioned, including through the negligence of KitchenAngel or any of its employees, officers or affiliates, which may arise from the use of services provided by KitchenAngel.
14. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEB SITE OR ANY OF THE SERVICES OFFERED THROUGH IT IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CULINARY, CONSULTANCY OR CULINARY SCHOOLING SERVICES.
Use of this site & Copyright Information
15. Use of this web site is at the sole risk of the user.
16. Copyright in all information, images, source codes, trademarks, hyperlinks and other original material, of whatever nature, contained in this web site and which is not attributed to a third party, is held by Lynn Angel CC under domestic and international law and treaty. The web site owner expressly asserts and reserves all its rights in this regard.
1. 16. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use. Any use of the visible text or images on this web site must be accompanied by the following notice:
“© KitchenAngel [year in which use occurs, e.g. 2007]. All rights reserved.”
17. Commercial use or other non-personal use may, at the discretion of the web site owner, be permitted upon prior written request. A request for permission can be submitted by e-mailing info@kitchenangel.co.za.
Contact information
18. Please submit any query in respect of these Terms & Conditions or the use of this web site to us in your preferred manner.
Web site owner: Lyn Angel CC. Registered Number: 2000/018233/07
Director: Lynn Angel
Tel. +27 82 4409397
Fax. +27 82 4409397
E-mail: info@kitchenangel.co.za
Physical address: 3 Fig Street, Fernwood, Newlands, Cape Town, 7708, Western Cape, South Africa
Postal address: 3 Fig Street, Fernwood, Newlands, Cape Town, 7708, Western Cape, South Africa
Disclaimers
19. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.
20. While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
21. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on this web site.
22. The web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
Copyright and Intellectual Property protection
23. Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by the web site owner. THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS IN THIS REGARD.
Confidentiality of communications
24. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy.
Hyperlinks, deep links, advertising, framing
25. The express permission in writing of the web site owner is required before any hyperlink other than to the Home Page of this web site is created. Permission, if granted, will be subject to the condition that the party linking to this site alerts users to the application of these terms and conditions. Requests for permission can be mailed to info@kitchenangel.co.za
26. Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.
27. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to.
Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
28. The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be mailed to info@kitchenangel.co.za
What law governs this Agreement?
29. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
30. This web site is owned, hosted and maintained within the Republic of South Africa.
Consent to jurisdiction
31. The user consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of section 28 of the Magistrate’s Court Act as amended in respect of any dispute flowing from the use of this web site.
Amendment of the terms and conditions of this Agreement
32. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the top of this page.
33. We will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.
Enforceability of this Agreement
34. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
35. These Terms of Use contain the record of the entire agreement between the user and the web site owner.
36. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
© Nicciferguson Incorporated 2007. All rights reserved.
Privacy Policy
Date of Last Review: 2007
Date of last amendment : May 2014
Our approach to your privacy is simple. No personal information such as e-mail addresses will be shared with anyone else.
“this web site” and “we” means www.kitchenangel.co.za and all its sub-pages
“user” means any person accessing any part of the web site
1. This Privacy Policy forms part of the Terms and Conditions of Use of this web site.
Collection of personal data
2. Where personal information (such as your name, address, telephone number, e-mail address and/or credit card information) is submitted to the site by the user (e.g. through sending an e-mail) the following principles are observed in the handling of that information:
a. This web site collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested.
b. This web site will not use the personal information submitted for any other purpose other than the efficient provision of services, including this web site, without obtaining the prior written approval of the user or unless required to do so by law.
c. This web site will keep records of all personal information collected and the specific purpose for which it was collected for a period of one year from the date on which it was last used.
d. This web site will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained or the web site is required or permitted to do so by law.
e. If information is released with the user’s consent this web site will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of one year.
f. This web site will destroy or delete any personal information which has become obsolete.
Collection of anonymous data
3. In order to provide the best possible service, this web site may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
4. This web site utilises temporary or session cookies that collect the first level domain name of the user. This means that if your e-mail address is user@email.co.za, the cookie will collect the “email.co.za” part of the address. Temporary or session cookies expire and are deleted when your browser is closed.
Links to other web sites
5. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.
Security
6. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, this web site can not under any circumstances be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of Lyn Angel CC t/a KitchenAngel or any third party.
Queries
7. If you have any queries about this Privacy Policy please contact us by mailing
© Nicciferguson Incorporated 2007. All rights reserved.