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Copyright © 2015 Tierboskloof
Contact Us | Legal Notices
an Business System

ACCEPTABLE USE POLICY
TERMS OF WEBSITE USE
PRIVACY POLICY

ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and Us under which you may access Our website www.tierboskloof.com (“Our Site”). This acceptable use policy applies to all users of, and visitors to, Our Site. Your use of Our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement Our Terms and Conditions for Our Site.

PROHIBITED USES

You may use Our Site only for lawful purposes. You may not use Our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards – please refer to Our Terms and Conditions for Our Site (please see above) and Our Privacy Policy, which can be found at www.tierboskloof.com/legal-notices
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of Our terms of website use (as set out above).
- Not to access without authority, interfere with, damage or disrupt:
  - any part of Our Site
  - any equipment or network on which Our Site is stored
  - any software used in the provision of Our Site
  - any equipment or network or software owned or used by any third party.
SUSPENSION AND TERMINATION

We will determine, in Our discretion, whether there has been a breach of this acceptable use policy through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms and Conditions (please see above) upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use Our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page and shall be effective upon posting on Our Site. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Our Site.

June 2015
TERMS OF WEBSITE USE
INFORMATION ABOUT US

Our Site www.tierboskloof.com is a website operated by Tierboskloof Nature Estate, with offices located at Tierboskloof Nature Estate, P O Box 26807, Hout Bay, 7872, South Africa. (“We” or “Us” or “Our”).

PART I

These terms and conditions of website use (“Terms and Conditions”) (together with the documents referred to on it) tells you (“you”) the terms of use on which you may make use of our website www.tierboskloof.com (“Our site”) as a guest. Please read these Terms and Conditions carefully before you start to use Our Site. By using Our Site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, you are not authorised to use Our Site. We may revise these Terms and Conditions at any time without notice to you by amending these Terms and Conditions. Such changes are effective when they are posted on Our Site and your continued use of Our Site after any such changes are posted will be considered acceptance by you of such changes. You are expected to check these Terms and Conditions from time to time to take notice of any changes We make or have made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on Our Site.

ACCESSING OUR SITE

Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on Our Site (the “Services”) without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

From time to time, We may restrict access to some parts of Our Site, or the entirety of Our Site to users.

When using Our Site, you must comply with the provisions of our Acceptable Use Policy (Please see Part II below) and Our Privacy Policy and Conditions.

You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on Our Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on Our Site (“Content”), as well as the look and feel and the design of Our Site and the organisation of the Content on Our Site. Your use of Our Site does not grant you ownership of any Content on Our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Subject to these Terms and Conditions, you may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.

You must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a licence to do so from Us or our Licensors.

If you print off, copy or download any part of Our Site in breach of these Terms and Conditions, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update Our Site regularly, and may change the Content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time and We are under no obligation to update such material.

OUR LIABILITY

The content displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, affiliates and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, ordinance, common law or the law of equity, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Our Site, including, without limitation, all services, content, functions and materials, is provided “as is” and “as available”, without warranty of any kind, we do not warrant that our site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that our site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through our site shall create any warranty not expressly made herein. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on our site or your downloading of any content or other materials from our site. If you are dissatisfied with Our Site, your sole remedy is to discontinue using our site.

Without limitation of the above in this section, and except for any product warranty offered by us or as otherwise specifically set forth in a sale agreement separately entered into in writing between you and Us, We disclaim all express or implied warranties or representations regarding any products or services ordered or provided via our site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on our site or in correspondence with us or our agents. Any products and services ordered or provided via our site are provided “as is” except as expressly otherwise stated herein.

In no event shall the total aggregate liability of Us or our affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or your use of our site or any product ordered via our site exceed, in the aggregate, the amount, if any, paid by you to Us for your use of our site or purchase of products via Our Site.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with Our Privacy Policy which can be found at the following link Our Privacy Policy and Conditions. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on Our Site or for any services or features offered on or through Our Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through Our Site or the Services offered on or through Our Site, including, without limitation, any information residing on any server or database connected to Our Site or any Services offered on or through Our Site; (ii) obtain or attempt to obtain unauthorised access to computer systems, materials, information or any services made available on or through Our Site through any means; (iii) use Our Site or the Services made available on or through Our Site in any manner with the intent to interrupt, damage, disable, overburden, or impair Our Site or such Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use Our Site or Our Site’s Services or features in violation of Our or any third party’s intellectual property or other proprietary or legal rights; or (v) use Our Site or Our Site’s Services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with Our Site and/or the Content, or make unauthorised use thereof. You agree that you will not use Our Site in any manner that could damage, disable, overburden, or impair Our Site or interfere with any other party’s use and enjoyment of Our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through Our Site.

In the event of such a breach, your right to use Our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (please see Part II below).

If you wish to make any use of material on Our Site other than that set out above, please address your request to This email address is being protected from spambots. You need JavaScript enabled to view it..

LINKS FROM OUR SITE

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

INDEMNIFICATION

You agree to defend, indemnify and hold Us, our affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from (i) your use of Our Site or the Services, (ii) your placement or transmission of any Content or other materials through Our Site, or (iii) your breach or violation of the law or of these Terms and Conditions. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defence of such claim.

JURISDICTION AND APPLICABLE LAW

You consent to the jurisdiction of the High Court of South Africa for the adjudication of any legal dispute between Tierboskloof and You. This Website Legal Notice will be construed and interpreted in accordance with the laws of the Republic of South Africa.

If required by law or by a court order, or otherwise under good faith advisement, We may disclose your information.

PRODUCT INFORMATION AND ORDERS FOR PRODUCTS

Many products displayed on Our Site are available in Our stores. In some cases products available on Our Site are not available in stores, or vice versa.

MISCELLANEOUS

All rights not expressly granted herein are reserved. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

YOUR CONCERNS

If you have any concerns about material which appears on Our Site, please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

Thank you for visiting Our Site.

June 2015
PRIVACY POLICY
Tierboskloof Nature Estate (We” or “Us” or “Our”) is committed to protecting the privacy of visitors to Our Site and We will never sell your information to third parties.

This policy sets out the basis on which any personal data We collect from you, or that you provide to Us, will be processed by Us. Please read the following carefully to understand Our views and practices regarding your personal data and how We will treat it.

By visiting Our Site, and/or using the Services offered on or through Our Site, you agree to the terms of this Privacy Policy as it may be amended from time to time. As We update and expand our Services, this Privacy Policy may change, so check this page from time to time. This Privacy Policy is incorporated into, and forms part of, the Terms and Conditions of Our Site, which governs your use of Our Site.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Tierboskloof Nature Estate, P O Box 26807, Hout Bay, 7872, South Africa.

WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND HOW?

We may collect and process the following data about you:
- Information that you provide by filling in enquiry forms on Our Site www.tierboskloof.com. Such information provided at the time of registering to use Our Site or requesting further services including, for example, name, home and/or business address, email address, telephone number, demographic information such as age and/or other information that may identify you as an individual. We may also ask you for information when you make an enquiry or when you report a problem with Our Site.
- If you contact Us, We may keep a record of that correspondence.
- Details of your visits to Our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise and the resources that you access.
WHAT ABOUT COOKIES?

A cookie is a piece of information that is stored on your computer’s hard drive by your web browser which tracks your movements within websites. Our site uses cookies to keep track of how often you visit Our site. Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of Our Site.

For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org

We may collect information about your computer including, where available, your IP address, operating system and browser type, for system administration and to report aggregate information to Our advertisers. This is statistical data about Our users’ browsing actions and patterns, and does not identify any individual.

HOW THIS INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH

Our server automatically collects data about your server’s internet address when you visit Us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your internet service provider whenever you’re on the internet. When you request pages from Our Site, Our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to Us (e.g., another website or a search engine); the pages you visit on Our Site; the website you visit after Our Site; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on Our Site or a referral site; and other web usage activity and data logged by Our web servers. We use this information for internal system administration, to help diagnose problems with Our server, and to administer Our Site. Such information may also be used to gather broad demographic information, such as country of origin and internet service provider. Any or all activities with regards to Our Site usage information may be performed on our behalf by our service providers.

MARKETING OPT-IN AND OPT-OUT PROVISION

When you make an enquiry, you will be given the opt-in or opt-out of email updates from Tierboskloof nature Estate. (“Keep updated with news from Tierboskloof nature Estate.”)

We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by Tierboskloof nature Estate.

At all times We will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail We send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. Alternatively you can change your email preferences or opt out of all emails by contacting Tierboskloof Nature Estate by email at This email address is being protected from spambots. You need JavaScript enabled to view it.

HOW YOU CAN ACCESS AND, IF NECESSARY, CHANGE THE PERSONAL INFORMATION Tierboskloof nature Estate MAINTAINS

If for any reason you are concerned that the personal information held by Tierboskloof nature Estate is not correct, please contact Us at This email address is being protected from spambots. You need JavaScript enabled to view it. We will amend your personal details.

SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

Your privacy is important to Us. Whilst We will take reasonable precautions to protect the security and integrity of personal data provided to Our Site, due to the inherent nature of the internet as an open global communications vehicle, We cannot guarantee that information, during transmission through the internet or while stored on Our system or otherwise in Our care, will be absolutely safe from intrusion by others, such as hackers. We maintain physical, electronic and procedural safeguards to protect your personal data.

We may disclose your personal information to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may use your personal data that you provide to Our Site, for example, to respond to your requests and to provide you with Our product and Service offerings. We may also use your personal information to maintain Our internal record keeping and/or share it with Our affiliates for internal marketing or other purposes. In addition, We may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by Us and others, that We think might interest you.

We may disclose your personal information to third parties:
- In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Tierboskloof nature Estate or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our Terms and Conditions and other agreements; or to protect the rights, property, or safety of Tierboskloof nature Estate, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when We have reason to believe that someone is causing injury to or interference with Our rights or property, other users of Our Site, or anyone else that could be harmed by such activities. Additionally, We cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.

WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS

If you require further information about Our Privacy Policy, please write to c/o Data Protection Officer, Tierboskloof Nature Estate, P O Box 26807, Hout Bay, 7872, South Africa or email This email address is being protected from spambots. You need JavaScript enabled to view it..

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Please email This email address is being protected from spambots. You need JavaScript enabled to view it. for further information.

CHANGES TO OUR PRIVACY POLICY

Any changes made to Tierboskloof Nature Estate’s privacy policy in the future will be posted on this page and effective upon posting.

CONTACT

Questions, comments and requests regarding this privacy policy are welcome and should be addressed to Tierboskloof Nature Estate, P O Box 26807, Hout Bay, 7872, South Africa or This email address is being protected from spambots. You need JavaScript enabled to view it..

June 2015

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