Terms & Conditions
1. Introduction
Welcome
to Far Away Hill Coffee Roastery (“Company”, “we”, “our”, “us”)!
These
Terms of Service (“Terms”, “Terms of Service”) govern your use of our website
located at farawayhillcoffee.co.za
and operated by Far Away Hill Coffee Roastery.
Our
Privacy Policy also governs your use of our service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages.
Your
agreement with us includes these Terms and our Privacy Policy (“Agreements”).
You acknowledge that you have read and understood Agreements, and agree to be
bound of them.
If you do
not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at admin@farawayhillcoffee.co.za
so we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use Service.
2. Purchases
If you
wish to purchase any of our products, you may be asked to supply certain
information relevant to your purchase including but not limited to, your credit
or debit card number, the expiration date of your card, your billing address,
and your shipping information.
You
represent and warrant that: (i) you have the legal right to use any card(s) or
other payment method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete.
We employ
the use of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right
to provide the information to these third parties subject to our Privacy
Policy.
We
reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We
reserve the right to refuse or cancel your order if fraud or an unauthorized or
illegal transaction is suspected.
3. Content
Content
found on or through this Service are the property of Far Away Hill Coffee
Roastery or used with permission. You may not distribute, modify, transmit,
reuse, download, repost, copy, or use said content, whether in whole or in
part, for commercial purposes or for personal gain, without express advance
written permission from us.
4. Prohibited
Uses
You may
use Service only for lawful purposes and in accordance with Terms. You agree
not to use Service:
0.1. In
any way that violates any applicable national or international law or
regulation.
0.2. In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
Additionally,
you agree not to:
01. Use
any robot, spider, or other automatic device, process, or means to access our
website for any purpose, including monitoring or copying any of the material on
the website.
0.2. Use
any manual process to monitor or copy any of the material on our website or for
any other unauthorized purpose without our prior written consent.
0.3.
Introduce any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.
0.4.
Attack our website via a denial-of-service attack or a distributed
denial-of-service attack.
0.5. Take
any action that may damage or falsify our company rating.
0.6.
Otherwise attempt to interfere with the proper working of Service.
5. Analytics
We may
use third-party Service Providers to monitor and analyze the use of our website.
6. Accounts
When you
create an account with us, you guarantee that you are above the age of 18, and
that the information you provide us is accurate, complete, and current at all
times. Inaccurate, incomplete, or obsolete information may result in the
immediate termination of your account.
You are
responsible for maintaining the confidentiality of your account and password,
including but not limited to the restriction of access to your computer and/or
account. You agree to accept responsibility for any and all activities or
actions that occur under your account and/or password, whether your password is
with us or a third-party service. You must notify us immediately upon becoming
aware of any breach of security or unauthorized use of your account.
You may
not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to any rights
of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or obscene.
We
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
7. Intellectual
Property
Our website
and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Far Away Hill Coffee
Roastery.
8. Copyright
Policy
We
respect the intellectual property rights of others. It is our policy to respond
to any claim that content posted on our website infringes on the copyright or
other intellectual property rights (“Infringement”) of any person or entity.
If you
are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to
admin@farawayhillcoffee.co.za, with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You may
be held accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
9. Error
Reporting and Feedback
You may
provide us either directly at admin@farawayhillcoffee.co.za or via third party
sites and tools with information and feedback concerning errors, suggestions
for improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or other right, title or
interest in or to the feedback; (ii) Company may have development ideas similar
to the feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the feedback.
10. Links
To Other Web Sites
Our
Service may contain links to third party web sites or services that are not
owned or controlled by Far Away Hill Coffee Roastery.
Far Away
Hill Coffee Roastery has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
11. Limitation
Of Liability
EXCEPT AS
PROHIBITED BY LAW, YOU WILL HOLD US HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED).
EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES.
12. Termination
We may
terminate or suspend your account and bar access to our services immediately, without
prior notice or liability, under our sole discretion, for any reason whatsoever
and without limitation, including but not limited to a breach of terms.
If you
wish to terminate your account, you may simply discontinue using the service.
All
provisions of terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
13. Governing
Law
These
Terms shall be governed and construed in accordance with the laws of South
Africa, which governing law applies to agreement without regard to its conflict
of law provisions.
Our
failure to enforce any right or provision of these terms will not be considered
a waiver of those rights. If any provision of these terms is held to be invalid
or unenforceable by a court, the remaining provisions of these Terms will
remain in effect. These Terms constitute the entire agreement between us
regarding our Service and supersede and replace any prior agreements we might
have had between us regarding Service.
14. Changes
To Service
We
reserve the right to withdraw or amend our services, and any material we
provide via our website, at our sole discretion without notice. We will not be
liable if for any reason all or any part of the service is unavailable at any
time or for any period.
15. Amendments
To Terms
We may
amend Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
Your
continued use of the Platform following the posting of revised Terms means that
you accept and agree to the changes. You are expected to check this page
frequently so you are aware of any changes, as they are binding on you.
By continuing
to access or use our service after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no
longer authorized to purchase our products.
16. Waiver
and Severability
No waiver
by our company of any term or condition set forth above shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of us to assert a right or provision under
the above terms shall not constitute a waiver of such right or provision.
17. Acknowledgement
BY USING
SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
18. Contact
Us
Please send your feedback or comments via email to: admin@farawayhillcoffee.co.za.
Last updated: 2020-09-22