1. General
Please read the following Usage Terms (“Terms”, “Terms and Conditions”) before using the VILLA 47 Mobile Application (“Application”), as developed for Rialto Foods by The NXT Thing Now (Pty) Ltd. trading as NXT and as operated by Rialto Foods and its group company and third party partners (“us”, “we”, or “our”).
Your access to, and use of, the Application is conditioned on your acceptance of, and compliance with, these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the Application. Should you disagree with any part of these Terms, stop using the Application with immediate effect.
You ultimately agree to indemnify VILLA 47, its group companies and third party partners in full against any loss, damage, costs or expenses suffered or incurred directly or indirectly as a result of your use of the Application.
2. Conduct
The Application is made available for your own personal use and for your benefit (from the offered features and functions). You may not:
(a) Use the Application for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the Application, you must comply with all applicable South African laws and with all applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”);
(b) Use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement;
(c) Attempt to gain unauthorised access to the Application or any networks, servers or computer systems connected to the Application; or
(d) Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law.
3. Content
The copyright of all material contained on, in, or available through the Application including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to VILLA 47 or its group companies. All rights are reserved.
You can view, share and post content where invited to do so, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without VILLA 47’s express permission.
The trademarks, service marks and logos (“Trade Marks”) contained on or in the Application are owned by VILLA 47, its group companies or third party partners. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of VILLA 47 or the relevant group company or the relevant third party partner of VILLA 47.
4. Third Parties
The Application contains links to websites operated by third parties (“Third Party Websites”). VILLA 47 does not have any influence or control over these Third-Party Websites and, unless otherwise stated, is not responsible for any Third Party Websites or their availability or contents.
You acknowledge and agree that VILLA 47, its group companies and third party partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such websites or services.
5. Privacy Policy
By using the Application, you acknowledge that you have read and agree to the terms stipulated in the Privacy Policy.
6. Disclaimer / Liability
Use of the Application is at your own risk. The Application is provided on an “as is” basis. To the maximum extent permitted by law:
(a) VILLA 47, its group companies and third party partners disclaim all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Application; and
(b) All implied warranties, terms and conditions relating to the Application (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment, and title are, as between VILLA 47 and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Application; or any damage or injury to users or their equipment as a result of or relating to their use of the Application.
VILLA 47, its group companies and third party partners will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Application, for any:
(i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(ii) loss of goodwill or reputation; or
(iii) special or indirect or consequential loss.
7. Service Suspension
VILLA 47 reserves the right to suspend or cease providing any services relating to the Applications published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
8. Promotions & Competitions
If you take part in any promotions or competitions, which are run in or through the Application, you agree to be bound by the terms and rules of that promotion or competition and any other rules specified by VILLA 47 from time to time and by the decisions of VILLA 47, which are final in all matters relating to the Competition. VILLA 47 reserves the right to disqualify any entrant and/or winner at their discretion, without notice, in accordance with the competition rules.
9. General
These Terms (as amended from time to time) constitute the entire agreement between you and VILLA 47 concerning your use of the Application.
VILLA 47 reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Application to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Application.
These Terms shall be governed by and construed in accordance with South African law and you agree to submit to the exclusive jurisdiction of the South African courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
VILLA 47, its group companies and third party partners’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VILLA 47 in writing.
10. Contact Us
If you have any questions regarding terms and conditions for using the Application or have questions about our practices, please contact us via email at info@villa47.co.za
