INTRODUCTION AND GENERAL RULES OF USE
1.1       This website is owned and operated Melagrana Pty Ltd (hereinafter referred to as “Melagrana”, “we”, “us” or “our”), a private company registered in the Republic of South Africa under company registration number 2016/308920/07.
1.2       Please read the terms and conditions contained herein carefully. Any user should refrain from using, or continuing to use, this website unless he/she fully understands these terms and conditions and considers themselves bound to the provisions contained herein.
1.3       Your use of and access to this website is subject to all the terms and conditions as set out hereunder.
1.4       These terms and conditions are enforceable and binding upon the user, as read under the applicable provisions of the Electronic Communications and Transactions Act No. 25 of 2002.
1.5      These terms and conditions of use may be altered from time to time without any prior notice to the user. All users have the responsibility of checking them from time to time, as the users use of this website is subject to the terms and conditions applicable on the date of use. The current terms and conditions are applicable as at July 2018.

INTELLECTUAL PROPERTY RIGHTS
2.1       The entire content of this website (including all information, logos and other graphics) is protected by the Copyright Act No. 98 of 1978, the Trademarks Act No. 194 of 1993, as well as all applicable national and international copyright and trademark legislation. Melagrana is the lawful owner of the copyright in and to the content of the website and of the trademarks contained herein.
2.2       You are only permitted to view, print or store electronically a copy of any information on our website solely for your personal, lawful, non-commercial use.
2.3       Any unauthorised use, reproduction, modification and/or distribution of any of the material contained in this website are strictly prohibited and constitute an unlawful infringement of Melagrana’s rights, including but not limited to its intellectual property rights.
2.4       You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without the explicit written consent from Melagrana.
2.5       All rights not expressly specified in these terms and conditions are strictly reserved.
2.6       The user shall have no rights to, and may not tamper or alter, Melagrana’s intellectual property rights or trademarks in any way whatsoever.

ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
3.1      All reasonable steps are taken to ensure that all published information on the website is accurate and up to date. Melagrana does not, however, warrant that the content or information displayed is always accurate, correct, complete and/or current.
3.2      It shall be the user’s sole responsibility to determine the accuracy of any of the content contained herein.

LINKS TO OTHER WEBSITES
4.1       Any links on the Melagrana website may take you outside of the Melagrana network and Melagrana accepts no responsibility for the content, accuracy or completeness of any third-party websites.
4.2       Any links will be provided for bona fide purposes and Melagrana cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply that Melagrana accepts or endorses any of the content displayed in such websites.
4.3       Melagrana makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials. As such, Melagrana accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or appropriateness of any information, material or other content contained in the website, nor warrants nor endorses any advertising of third parties carried on the website nor though the provision of links to that carried on other websites.

ADVERTISING AND SPONSORSHIP
5.1       Advertising and other promotional material of third parties may appear on our website from time to time. We do not necessarily endorse such third party/ies or any of such third party/ies products and/or the services which are offered.
5.2       Any advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on our website complies with all relevant laws and applicable regulations.
5.3      We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Your reliance on any information contained in such material is entirely at your own risk.
5.4       We undertake to comply with the direct marketing provisions of the Consumer Protection Act No 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing, as provided for under the provisions of the CPA.

WARRANTIES AND DISCLAIMERS
6.1       Melagrana does not warrant that any technical aspects of the website or any Melagrana material will be free from error or that this website, Melagrana material or the server that makes it available are free of viruses or other harmful components.
6.2       Your use of this website is therefore exclusively at your sole risk.
6.3       Accordingly, we make no representations or warranties of any kind, whether express or implied.

LIABILITY AND INDEMNITY
7.1       We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever cause arising from the access or use of this website, or any Melagrana website.
7.2       You hereby indemnify Melagrana and its partners, affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on an attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the website, or from your breach of these terms and conditions, or from any such acts through your use of the website.

PROHIBITED ACTIVITY
8.1       You are prohibited from doing any act that Melagrana in its sole and reasonable discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website, including but not limited to:
8.1.1         Any act that would constitute a breach of these terms and conditions or any applicable law or regulation in force at the time in question;
8.1.2         Using this website to defame Melagrana, its employees or other individuals or acting in such a way that brings into disrepute the good reputation of Melagrana;
8.1.3         Uploading any material that may contain viruses that may cause damage to the property of Melagrana, or the property of any other third party.

PRIVACY POLICY
9.1       The terms referred to in this privacy policy shall have similar meanings as contained in the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (‘POPI’).
9.2       Any personal information or material sent to the Melagrana website shall be subject to this privacy policy. Melagrana will always deal with personal information in accordance with the requirements of PAIA and POPI.
9.3       Personal information which is submitted electronically by the user may be stored and used by Melagrana for only legitimate, lawful purposes and with your consent. Through your use of this website, you will be treated as having given Melagrana the permission to process and/or collect and/or store and/or use your personal information. If you are not in agreement with your personal information being processed and/or collected and/or stored and/or used, then do not access and/or make use of this website.
9.4       Personal information may be collected upon entering this website and upon registration on this website (if applicable) and upon the entering of any competitions, whether entered online or otherwise. All competitions will contain separate terms and conditions, which will be published on this website from time to time. It shall be the responsibility of the user to ensure that they read and fully understand the separate terms and conditions of any competition.
9.5      The personal information we process and/or collect and/or store and/or use enables us to carry out actions for the conclusion of and/or performance of any of Melagrana’s service offerings, to verify and update client and supplier details, to constantly improve our services to the public, to contact you regarding products or services which may be of interest to you, to personalise your website experience, to assist in detecting and preventing any unlawful or fraudulent activity and for marketing purposes to ensure that our products and services remain relevant. We may disclose personal information to our business partners who are involved in the delivery of products or services, and other third parties for the same purposes set out hereinabove. We ensure that our business partners and third parties handle personal information in line with this policy.
9.6       It is your responsibility to update the personal information provided by you to Melagrana, in the event that same has changed or needs to be updated. Melagrana cannot be held responsible for any obsolete and inaccurate personal information which you have provided. In the event that your personal information requires updating, please contact Melagrana on info@melagrana.co.za
9.7       Your privacy and the security and confidentiality of information you provide shall be of the utmost importance to us. Unless obliged to do so in terms of the law, we will not release, rent or sell personal information to any third parties, without your consent. We have implemented the necessary measures to prevent the unauthorised access and use of your personal information. We will continue to review and update our security processes in order to maintain the security of your personal information.
9.8       We treat all your information provided to us as strictly confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable South African Data Protection and consumer legislation in place, including those provisions contained in the CPA.
9.9       Melagrana will only use your personal information for the purposes set out herein.
9.10    If you no longer wish for Melagrana to process your personal information for the purposes identified above, you are entitled to withdraw your consent by reasonable notice. If you wish to withdraw your consent, please inform Melagrana on info@melagrana.co.za and we will abide by the necessary measures as set out in POPI.
9.11    Any personal information collected by Melagrana will not be retained for longer than is necessary for the purpose for which it was collected. In the premises that your personal information is no longer being used for any of the purposes set out herein, Melagrana will take reasonable measures to secure the deletion/disposal or de-identification thereof. Section 51 of the Electronic Communications and Transactions Act No 25 of 2005 requires that personal information and the purpose for which it was collected must be kept by Melagrana for a period of 1 (one) year or for as long as the information is being used. Melagrana is also required to keep a record of any third party to whom the information was disclosed for a period of 1 (one) year or for as long as the information is used.
9.12    In the event that we wish to use your personal information for any other purpose other than the purposes provided for herein above, we will approach you in order to gain this consent. If your consent is not obtained, we will not use your information for any other purpose that defined herein.
9.13    Melagrana is obliged, upon request, to inform you if Melagrana holds personal information about you. Melagrana will, within reason, allow you access to the personal information it holds about you. If you wish to find out if Melagrana processes your personal information, please contact Melagrana on info@melagrana.co.za. Please note that any such access may be subject to a legally permissible fee in terms of POPI.

NEWSLETTER SUBSCRIPTIONS
10.1    By submitting your personal details on any Melagrana newsletter subscription form you accept that you are giving permission to Melagrana to add your details to the Melagrana contact database. You are thereby giving Melagrana permission to contact you from time to time with relevant Melagrana content, which may contain marketing and promotional material.
10.2    By completing the subscription process you consent to the fact that you have opted in to the Melagrana database.
10.3    Melagrana will at all times deal with the database in accordance with the requirements of the POPI and PAIA. Melagrana confirms that your details will not be traded or exchanged at any time.
10.4    Melagrana will only use your details for communication from Melagrana and its partners and affiliates only, and Melagrana will take reasonable measures to keep your information secure and protected from unauthorised access, loss, misuse or wrongful alteration. In the unlikely event that the security of your information is compromised, Melagrana will notify you of such.
10.5    You may opt out of the Melagrana database at any time. All emails / correspondence sent from Melagrana will include an opt-out link in the footer of the mail in compliance with POPI requirements.

SYSTEM MALFUNCTION
Melagrana cannot guarantee continuous access to the website and / or to the services which it provides.

APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you may, to the extent permitted by law and in the sole discretion of Melagrana, referred to arbitration at any venue or town in South Africa, and to be determined by applying the rules of the Arbitration Foundation of South Africa.