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Terms & Conditions

  1. Introduction
    1. 1.1 This website can be accessed at www.touchfoods.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Touch Foods Africa (PTY) LTD (“Touch Foods Africa (PTY) LTD”, “we”, “us” and “our”).

    2. 1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

    3. 1.3 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” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

    4. 1.4 The Website enables you to shop online for an extensive range of goods including pre-packed foods for emergency preparedness, survival, outdoor leisure, camping gear, solar energy and water purification goods (“Goods”). But not limited to the products and sku’s found on the price guide.

    5. 1.5 Touch Foods Africa (PTY) LTD allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Touch Foods Africa (PTY) LTD will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Touch Foods Africa (PTY) LTD. This will be made clear in the relevant clause.
  2. Important Notice
    1. 2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. 2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
      1. 2.2.1 may limit the risk or liability of Touch Foods Africa (PTY) LTD or a third party; and/or
      2. 2.2.2 may create risk or liability for the user; and/or
      3. 2.2.3 may compel the user to indemnify Touch Foods Africa (PTY) LTD or a third party; and/or
      4. 2.2.4 Serves as an acknowledgement, by the user, of a fact.
    3. 2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

    4. 2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Touch Foods Africa (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, as the case may be, created for either you or Touch Foods Africa (PTY) LTD in terms of the CPA.

    5. 2.5 Touch Foods Africa (PTY) LTD permits the use of this Website subject to the 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.
  3. Returns
    1. 3.1 Please refer to our Returns Policy for more information about cancelling orders after delivery, and about. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration and use of the website
    1. 4.1 Only registered users may order Goods on the Website.

    2. 4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Touch Foods Africa (PTY) LTD. You will need to use your unique username and password to access the Website in order to purchase Goods.

    3. 4.3 You agree and warrant that your username and password shall:
      1. 4.3.1 be used for personal use only; and
      2. 4.3.2 not be disclosed by you to any third party.
    4. 4.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

    5. 4.5 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 unauthorised 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.

    6. 4.6 You agree to notify Touch Foods Africa (PTY) LTD immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

    7. 4.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

    8. 4.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

    9. 4.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

    10. 4.10 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 authorised Company representative.

    11. 4.11 Use of our website is entirely at your own risk. 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 caused arising from the access or use of our website or the purchase of any of our products or services.
  5. Conclusion of sales and availability of stock
    1. 5.1 Registered users may place orders for Goods, which Touch Foods Africa (PTY) LTD or the Third Party Seller may accept or reject. Whether or not Touch Foods Africa (PTY) LTD or the Third Party Seller 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 authorisation by Touch Foods Africa (PTY) LTD for the Goods.

    2. 5.2 NOTE: Touch Foods Africa (PTY) LTD or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and Touch Foods Africa (PTY) LTD or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Touch Foods Africa (PTY) LTD stating that your order or payment has been confirmed. Touch Foods Africa (PTY) LTD will indicate the rejection of your order (by Touch Foods Africa (PTY) LTD itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

    3. 5.3 Prior to delivery or your collection of the Goods, 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 cancel the Sale only in accordance with the Returns Policy.

    4. 5.4 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. You cannot hold Touch Foods Africa (PTY) LTD or the Third Party Seller liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

    5. 5.5 You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Touch Foods Africa (PTY) LTD, Touch Foods Africa (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 placing an order, Touch Foods Africa (PTY) LTD will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

    6. 5.6 In the case of Goods for sale by a Third Party Seller, Touch Foods Africa (PTY) LTD relies on inventory information supplied by the relevant Third Party Seller and Touch Foods Africa (PTY) LTD accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
  6. Payment
    1. 6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. 6.2 Whether the Goods are for sale by Touch Foods Africa (PTY) LTD  or a Third Party Seller, payment can be made for Goods via -
      1. 6.2.1 debit card;
      2. 6.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised 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;
      3. 6.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Touch Foods Africa (PTY) LTD will not accept your order if payment has not been received;
      4. 6.2.4 Instant EFT
      5. 6.2.5 We regret no American Express, Diners Club International and Discover Network cards
    3. 6.3 You may contact us via email at info@touchfoods to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. 6.4 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  7. Delivery of goods
    1. 7.1 Please refer to our Delivery Policy for more information about delivery, and about. The Delivery Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  8. Errors
    1. 8.1 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, or otherwise as set out in the Returns Policy.
  9. Third Party Sellers
    1. 9.1 Touch Foods Africa (PTY) LTD will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Touch Foods Africa (PTY) LTD only provides the platform to facilitate transactions between Third Party Sellers and Touch Foods Africa (PTY) LTD customers. Touch Foods Africa (PTY) LTD is neither the buyer nor the seller of these items unless otherwise specified.

    2. 9.2 The sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Touch Foods Africa (PTY) LTD is not a party to that sale.

    3. 9.3 The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required. Because Touch Foods Africa (PTY) LTD wants the registered user to have a safe and consistent experience, Touch Foods Africa (PTY) LTD will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Touch Foods Africa (PTY) LTD own Returns Policy. Should such claim escalate into being a dispute, although Touch Foods Africa (PTY) LTD reserves the right to become involved in an attempt to resolve it, Touch Foods Africa (PTY) LTD is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  10. Privacy policy
    1. 10.1 Please refer to our Privacy Policy for more information. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  11. Changes to these terms and conditions
    1. 11.1 Touch Foods Africa (PTY) LTD may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

    2. 11.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  12. Electronic communications
    1. 12.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 10 above.
  13. Ownership and copyright
    1. 13.1 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 Touch Foods Africa (PTY) LTD, its advertisers and/or sponsors and/or is licensed to Touch Foods Africa (PTY) LTD.

    2. 13.2 You will not acquire any right, title or interest in or to the Website or the Website Content.

    3. 13.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised 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 our Admin Manager 012 661 3491 or e-mail info@touchfoods.co.za.

    4. 13.4 Where any of the Website Content has been licensed to Touch Foods Africa (PTY) LTD or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  14. Disclaimer
    1. 14.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

    2. 14.2 Whilst Touch Foods Africa (PTY) LTD takes reasonable measures to ensure that the content of the Website is accurate and complete, Touch Foods Africa (PTY) LTD makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

    3. 14.3 Touch Foods Africa (PTY) LTD disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

    4. 14.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

    5. 14.5 Any views or statements made or expressed on the Website are not necessarily the views of Touch Foods Africa (PTY) LTD, its directors, employees and/or agents.

    6. 14.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Touch Foods Africa (PTY) LTD also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Touch Foods Africa (PTY) LTD, its employees, agents or authorised representatives. Touch Foods Africa (PTY) LTD  thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  15. Linking to third party websites
    1. 15.1 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Touch Foods Africa (PTY) LTD is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

    2. 15.2 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  16. Limitation of liability
    1. 16.1 Touch Foods Africa (PTY) LTD cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Touch Foods Africa (PTY) LTD, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@touchfoods.co.za or by contacting 012 661 3491.

    2. 16.2 TOUCH FOODS AFRICA (PTY) LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

    3. 16.3 YOU HEREBY INDEMNIFY TOUCH FOODS AFRICA (PTY) LTD  AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  17. Availability and termination
    1. 17.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

    2. 17.2 Touch Foods Africa (PTY) LTD may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Touch Foods Africa (PTY) LTD will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

    3. 17.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  18. Governing law and jurisdiction
    1. 18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

    2. 18.2 In the event of any dispute arising between you and Touch Foods Africa (PTY) LTD, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

    3. 18.3 Nothing in this clause 20 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  19. Notices
    1. 19.1 Touch Foods Africa (PTY) LTD hereby selects 35 Muisvoel Crescent, Rooihuiskraal, Gauteng, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and conditions (“nominated address”). Touch Foods Africa (PTY) LTD may change this address from time to time by updating these Terms and Conditions.

    2. 19.2 You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Touch Foods Africa (PTY) LTD not less than 3 days’ notice in writing.

    3. 19.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
      1. 19.3.1 by hand will be deemed to have been received on the date of delivery;
      2. 19.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. 19.3.3 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.
  20. Touch Foods Africa (PTY) LTD information
    1. 20.1 For the purposes of the ECT Act, Touch Foods Africa (PTY) LTD information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. 20.1.1 Full name: Touch Foods Africa (PTY) LTD, a private company registered in South Africa with registration number 2016/486316/07
      2. 20.1.2 Main business: Online retailer, Trade and Services
      3. 20.1.3 Physical address for receipt of legal service: 35 Muisvoel Crescent, Rooihuiskraal, Gauteng, South Africa (marked for attention: Director)
      4. 20.1.5 Phone number: 012 661 3491
      5. 20.1.6 Official email address: info@touchfoods.co.za
  21. General
    1. 21.1 Touch Foods Africa (PTY) LTD may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

    2. 21.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

    3. 21.3 Any failure on the part of you or Touch Foods Africa (PTY) LTD to enforce any right in terms hereof shall not constitute a waiver of that right.

    4. 21.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

    5. 21.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

    6. 21.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

    7. 21.7 These Terms and Conditions contain the whole agreement between you and Touch Foods Africa (PTY) LTD and no other warranty or undertaking is valid, unless contained in this document between the parties.

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