Anchor Yeast shall not be liable for any loss, liability, cost or damage (whether direct, indirect or consequential) of any nature whatsoever and howsoever arising, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information (of whatsoever nature), links, products or service provided through this website, or any actions resulting there from.
TERMS AND CONDITIONS OF USE
1.1 Your use of the Newworldwinemaker.com website (the “site”) is governed by the terms and conditions set forth below. By using this site or submitting an order for products or services to Anchor Yeast, you indicate your acceptance of and agree to be bound by the terms and conditions set forth below (this “agreement”).
1.2 If you do not agree to these terms and conditions, do not use this site and do not submit any orders for products or services on this site.
1.3 This agreement shall supersede any prior or subsequent terms and conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms and conditions are signed by Anchor Yeast.
1.4 Anchor Yeast reserves the right to make changes to this site and these terms and conditions at any time. Any such changes will be effective from the date that they are published on this site.
2 SITE INFORMATION
2.1 The site contains information, advice, text, and other materials (“site information”) that are provided for your convenience and information. The site information may contain errors, omissions, inaccuracies, or outdated information.
2.2 Anchor Yeast makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any site information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the site does not imply endorsement of that product or publication.
2.3 Anchor Yeast reserves the right to make adjustments in its discretion to any price, product or offer due to market conditions, product discontinuations, manufacturer price changes, errors in advertisements, product descriptions or any other circumstance.
2.4 Anchor Yeast reserves the right to limit quantities on any items. Anchor Yeast endeavours to include the most accurate information possible on the site, but will not be liable for any errors, typographical, photographic or otherwise, for product information, pricing or other content, that may appear on this site or third party web sites that display information about New-world winemakers.com offers.
2.5 You agree that you are solely responsible for all use of the site accessed through your password and/or other electronic identifiers with or without your consent and you agree that you will pay for any products or services ordered through the use of your password.
2.6 You acknowledge that all information, products, facilities and services offered or made available on or through the site are not, in general, subject to the same consumer protection legislation applicable to your country of use and accordingly you transact entirely at your own risk.
2.7 The products, information and services are provided subject to the condition that there will be no abuse or fraudulent use thereof.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Anchor Yeast or its content providers.
3.2 All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You undertake for yourself and for any other party using your access to the site:
4.1 not to create and/or introduce into the site any destructive element. Destructive elements shall include, but not be limited to, viruses, time bombs, time locks, drop dead devices, traps, access codes, trap door devices, or any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause the site to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations or assist or advise any other party how to do so;
4.2 to use an up-to-date virus-scanning program on all material which you send to the site;
4.3 to maintain confidentiality of your login names, passwords and other confidential information relating to your access to the site;
5 EXCLUSIONS AND LIMITATIONS OF LIABILITY
5.1 You must accept the site and all products, information and services “as is” and “as available” without any warranty of any kind either express or implied, including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
5.2 To the extent permitted by law, Anchor Yeast is not liable and will not be liable under any circumstances, for any direct, indirect, incidental, special, punitive or consequential loss or damages which result or may result from your use of the site, products, information or services (including deletion or loss of files, defects or delays in transmission or any failure of the site) or your access to the site or use thereof for any purpose whatsoever or for any reliance on or use of information, services or transactions executed on or through the site. Your sole and exclusive remedy if dissatisfied with the site, products, information or services for any reason whatsoever, is termination of this agreement by immediately discontinuing to use the site.
5.3 The foregoing warranties are in lieu of all other warranties, express or implied and your sole remedy hereunder.
5.4 In the event that Anchor Yeast incurs any liability whatsoever to you, such liability will in all cases be limited to the amount paid by you for the product and/or service in respect of which such liability arose.
You undertake to fully and effectively indemnify and keep indemnified at all times Anchor Yeast against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Anchor Yeast directly or indirectly in respect of:
6.1 your and your co-users access to and/or use of the site, products, information and services;
6.2 any files, data or material produced, transmitted or downloaded by you or your co-users;
6.3 any breach by you or by your co-users of any of the provisions of this agreement or of any law, code or regulation relating thereto.
Should you breach any term of, or fail to perform any of your obligations in terms of this agreement, Anchor Yeast will be entitled, without notice, to cancel this agreement with immediate effect, without prejudice to our right to recover:
7.1 any amounts due to us in terms of this agreement;
7.2 any loss or damage suffered by us as a consequence of the breach by you of any term of this agreement or the cancellation of this agreement.
8.1 This Agreement shall be construed in accordance with and governed by the internal laws of the Republic of South Africa.
8.2 No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
8.3 You may not assign, transfer, or delegate this agreement or any part of it without Anchor Yeast’s prior written consent.
8.4 Anchor Yeast may freely transfer, assign, or delegate all or any part of this agreement, and any rights and duties thereunder, without the requirement of consent.
8.5 This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.
8.6 Any disputes or claim arising from this agreement shall be dealt with by and in accordance with the rules of the Arbitration Foundation of South Africa.