TERMS AND CONDITIONS

TERMS & CONDITIONS

EFFECTIVE DATE: 01 AUGUST 2020

WEBSITE COVERED: www.TheFeedShop.co.za

HOLDING BUSINESS: BEST CHOICE INVESTMENTS PTY LTD 2014/177535/07

  1. DEFINITIONS
    • The parties referred to in this Agreement shall be defined as follows: Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Best Choice Investments (PTY) LTD, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
    • You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
    • Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
    • This website can be accessed at TheFeedShop.co.za, related mobi-sites and (the “Website”) and is owned and operated by Best Choice Investments (Pty) Ltd (“Best Choice Investments”, “we”, “us” and “our”).
    • These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
    • By using the Website and by clicking on the “Register Now” or ‘’Sign up’’ or ‘Sign in’’ button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions
  1. THE AGREEMENT
    • The use of this website and services on this website provided by Best Choice Investments (PTY) LTD (hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here.
    • This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”)
  1. INFORMATION
    • For the purposes of the Electronic Communications and Transactions Act 25 of 2002, Best Choice Investments (PTY) LTD’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      • Full name: Best Choice Investments (PTY) LTD, a private company registered in South Africa with registration number 2014/177535/07 here in trading as TheFeedShop.co.za otherwise referred to as “The Feed Shop”
      • Main business: Venture Capital Business and New Project Partnerships.
      • Physical address for receipt of legal service: 184 Baaij Road, Danville Ext 5, Pretoria, 0025
      • Phone number: +27 71 313 4269 / +27 65 342 2939
      • Email address: BestChoiceInvests@gmail.com
  1. IMPORTANT NOTICE
    • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      • May limit the risk or liability of Best Choice Investments (PTY) LTD; and/or
      • May create risk or liability for the user; and/or
      • May compel the user to indemnify Best Choice Investments (PTY) LTD; and/or
      • Serves as an acknowledgement, by the user, of a fact.
    • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Best Choice Investments (PTY) LTD to explain it to you before you accept the Terms and Conditions or continue using the Website.
    • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Best Choice Investments (PTY) LTD in terms of the CPA.
    • Best Choice Investments (PTY) LTD permits the use of this Website subject to the acceptance of the website’s Terms and Conditions.
    • By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  2. ASSENT & ACCEPTANCE
    • By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it.
    • If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
  1. REGISTRATION AND USE OF WEBSITE
    • Only registered users may order Goods on the Website.
    • To register as a user, you must provide a unique username and password and provide certain information and personal details to Best Choice Investments (PTY) LTD. You will need to use your unique username and password to access the Website to purchase Goods.
    • You agree and warrant that your username and password shall:
      • Be used for personal use only; and
      • Not be disclosed by you to any third party.
      • For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    • You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    • You agree to notify Best Choice Investments (PTY) LTD immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    • You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    • You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Best Choice Investments (PTY) LTD representative.
    • All data and information captured by you on the website will be handled in terms of Best Choice Investments (PTY) LTD’s Privacy Policy
  2. AGE RESTRICTION
    • You must be 18 (eighteen) years of age or older to use this Website or any Services contained herein.
    • By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement.
    • The Company assumes no responsibility or liability for any misrepresentation of Your age.
  1. CONCLUSION OF SALES AND AVAILABILTY OF STOCK
    • Registered users may place orders for Goods, which Best Choice Investments (PTY) LTD  may accept or reject. Whether or not Best Choice Investments (PTY) LTD’s accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by Best Choice Investments (PTY) LTD’s for the Goods.
    • Best Choice Investments (PTY) LTD  will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Best Choice Investments (PTY) LTD come into effect (the “Sale”). This is regardless of any communication from Best Choice Investments (PTY) LTD stating that your order or payment has been confirmed. Best Choice Investments (PTY) LTD will indicate the rejection of your order (by Best Choice Investments (PTY) LTD itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    • Prior to delivery you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
    • Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Best Choice Investments (PTY) LTD liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    • You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Best Choice Investments (PTY) LTD, Best Choice Investments (PTY) LTD will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Best Choice Investments (PTY) LTD will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
  1. PAYMENT
    • We are committed to providing secure online payment facilities using the Payfast payment gateway. All transactions are encrypted using appropriate encryption technology.
    • Where the Goods are for sale by Best Choice Investments (PTY) LTD, payment can be made for Goods via –
      • Debit card;
      • Instant Electronic Funds Transfer (EFT) via PayFast
      • Credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
  1. Errors
    • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.
    • Best Choice Investments (PTY) LTD shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.

 

  1. LICENSE TO USE WEBSITE
    • The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”).
    • Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services.
    • The Company Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

 

  1. INTELLECTUAL PROPERTY
    • You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”).
    • You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose.
    • You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
    • In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website (“Your Content”).
    • The Company claims no further proprietary rights in Your Content.
    • If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
  1. USER OBLIGATIONS
    • As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password.
    • You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services.
    • You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing.
    • Email notification will suffice to the effect of condition 13.3.
    • You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information.
    • Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
    • Where suspicious, fraudulent or unlawful activity(ies) are detected, Best Choice Investments (PTY) LTD will immediately terminate use and notify relevant authorities to institute legal investigation and or (subsequently) litigatio
  1. ACCEPTABLE USE
    • You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause.
    • You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Company.
    • You further agree not to use the Website or Services:
      • To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
      • To violate any intellectual property rights of the Company or any third party;
      • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
      • To perpetrate any fraud;
      • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
      • To publish or distribute any obscene or defamatory material;
      • To publish or distribute any material that incites violence, hate or discrimination towards any group;
      • To unlawfully gather information about others.
  1. AFFILIATE MARKETING & ADVERTISING
    • The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website.
    • The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
    • This disclosure is intended to comply with the RSA Rules on marketing and advertising, as well as any other legal requirements which may apply.
  • PRIVACY INFORMATION
    • Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in South Africa and any other country where We may operate.
    • The Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information.
    • Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
  • How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
  • How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.
  • Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
  • SALE OF GOODS/SERVICES
    • The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However,
    • the Company does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at Your own risk.
    • For goods or services sold by others, the Company assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products.
    • For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Company.
    • You hereby release the Company from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
  • REVERSE ENGINEERING & SECURITY
    • You agree not to undertake any of the following actions:
      • Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
      • Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
  • DATA LOSS

19.1 The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

  1. INDEMNIFICATION
    • You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes
  1. SPAM POLICY
    • You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
  1. THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Website.

  1. MODIFICATION & VARIATION
    • The Company may, from time to time and at any time without notice to You, modify this Agreement.
    • You agree that the Company has the right to modify this Agreement or revise anything contained herein.
    • You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
    • To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
    • You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations.
    • You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement.
    • You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
    • In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
  2. ENTIRE AGREEMENT
    • This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website.
    • This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
  1. SERVICE INTERRUPTIONS
    • The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis.
    • You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
  1. TERM, TERMINATION & SUSPENSION
    • The Company may terminate this Agreement with You at any time for any reason, with or without cause.
    • The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
    • If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination.
    • At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
  1. NO WARRANTIES
    • You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis.
    • The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
    • The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure.
    • The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.
    • You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss
  1. LIMITATION ON LIABILITY
    • The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law.
    • This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
  1. GENERAL PROVISIONS
  • LANGUAGE
    • All communications made, or notices given pursuant to this Agreement shall be in the English language.
  • JURISDICTION, VENUE & CHOICE OF LAW
    • Through Your use of the Website or Services, You agree that the laws of the State of South Africa shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions.
    • In the case that any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state courts of the following county: South Africa.
    • The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
    • You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-convenient or similar doctrine.
  • ARBITRATION
    • In the case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
    • If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: South Africa. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class.
    • The arbitrator shall be bound by applicable and governing laws as well as the law of the following state: South Africa. Each Party shall pay their own costs and fees.
    • Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on country / state law, and claims based on local laws, ordinances, statutes or regulations and note that -.
    • Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated.
    • The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
  • ASSIGNMENT
    • This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors and executors.
  • SEVERABILITY
    • If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  • NO WAIVER
    • In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision.
    • Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  • HEADINGS FOR CONVENIENCE ONLY
    • Headings of parts and sub-parts under this Agreement are for convenience and organization, only.
    • Headings shall not affect the meaning of any provisions of this Agreement.
  • NO AGENCY, PARTNERSHIP OR JOINT VENTURE
    • No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement.
    • No Party has any authority to bind the other to third parties.
  • FORCE MAJEURE
    • The Company is not liable for any failure to perform due to causes and or circumstances beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  • ELECTRONIC COMMUNICATIONS PERMITTED
  • Electronic communications are permitted to both Parties under this Agreement, including e-mail or call.
  • For any questions or concerns, please email Us at the following address: bestchoiceinvests@gmail.com
  1. NOTICES
    • Best Choice Investments (PTY) LTD hereby selects 184 Baaij Road, Danville Ext 5, Pretoria, 0025 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).
    • Best Choice Investments (PTY) LTD may change this address from time to time by updating these Terms and Conditions.
    • You hereby select the delivery address specified with your order as your legal address.
    • Notices must be sent either by hand, registered post, or email and must be in English.
    • All notices sent –
      • By hand will be deemed to have been received on the date of delivery;
      • by email will be deemed to have been on the date indicated in the “Read Receipt” notification.
      • ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  1. ELECTRONIC COMMUNICATIONS
    • When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy as set out above.
  1. OWNERSHIP AND COPYRIGHT
    • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Best Choice Investments (PTY) LTD, its advertisers and/or sponsors and/or is licensed to Best Choice Investments (PTY) LTD.
    • You will not acquire any right, title or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.
    • To obtain permissions for the commercial use of any Website Content contact us via our contact page.
    • Where any of the Website Content has been licensed to Best Choice Investments (PTY) LTD or belong to any third party, your rights of use will also be subject to any terms and conditions which the licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

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