TERMS AND CONDITIONS

1. Acceptance of Terms

Kraaibosch Nurseries (Pty) Ltd (“Kraaibosch Nurseries”, “we”, “us” or “our”) permits access to and use of this website subject to these Terms and Conditions. By accessing or using this website in any manner, you agree to be bound by these Terms and Conditions, which shall apply to all visits, use of the website, and any products or services offered by Kraaibosch Nurseries.

If you do not agree to these Terms and Conditions, you must refrain from using this website.


2. Use of the Website

All content on this website, including but not limited to text, information, software, icons, images, graphics, layouts, sound clips, trade names, logos, trademarks and service marks (“Content”), is protected by applicable intellectual property laws and is owned by or licensed to Kraaibosch Nurseries.

No licence or right is granted to you to use any Content without the prior written consent of Kraaibosch Nurseries. Any unauthorised use, reproduction, distribution or modification of the Content is strictly prohibited.

By accessing this website, you agree that you will not:

  • use any device, software or mechanism to interfere with the proper functioning of the website;

  • take any action that imposes an unreasonable or disproportionate load on our infrastructure;

  • use any robot, spider, scraper, automated device or manual process to monitor, copy or extract content without prior written consent (except for standard search engine indexing);

  • use the website to distribute unlawful, defamatory, offensive, or hate-based material.


3. Disclaimer

While Kraaibosch Nurseries takes reasonable steps to ensure that the information on this website is accurate and up to date, we make no representations or warranties, whether express or implied, regarding the accuracy, completeness, reliability, availability or functionality of the website or its content.

Kraaibosch Nurseries reserves the right to amend, update or remove any content, products or services described on this website at any time without notice.

Your use of this website and reliance on any information contained herein is entirely at your own risk.


4. Website Availability and Security

Kraaibosch Nurseries will use reasonable efforts to ensure the continued availability of the website, except during scheduled maintenance or circumstances beyond our control. We reserve the right to suspend or discontinue the website, or any part thereof, at any time without notice.

We do not warrant that the website or downloadable files are free from viruses, malware, spyware, trojans or other harmful code. Kraaibosch Nurseries accepts no liability for any damage to your computer systems, software or data arising from use of this website.


5. Privacy Notice

Kraaibosch Nurseries is committed to protecting your privacy and handling personal information responsibly and in accordance with applicable data protection legislation.

We will only collect personal information where necessary and will clearly indicate when such information is required. You agree to provide accurate, current and complete information and not to impersonate any person or entity.

5.1 Use of Personal Information

Personal information may be used for the following purposes:

  • to transact with you via the website or email;

  • to provide products or services requested by you;

  • to process, verify and validate transactions or service requests;

  • to improve user experience and website functionality;

  • to inform you of products, services or promotions, where consent has been given.

5.2 Disclosure of Personal Information

We may disclose personal information where required:

  • by law or legal process;

  • to protect our rights or property;

  • to employees, contractors or third-party service providers who require such information to perform services on our behalf, subject to confidentiality obligations.


6. Cookies

This website uses cookies to enhance functionality and user experience. Cookies are small text files stored on your device that assist with recognising repeat users and compiling usage statistics. You may disable cookies via your browser settings; however, doing so may limit access to certain features of the website.


7. Data Security

Kraaibosch Nurseries undertakes to:

  • treat personal information as confidential;

  • implement appropriate technical and organisational security measures;

  • notify you of any unauthorised access or data breach where required;

  • retain personal information only for as long as necessary or as required by law;

  • delete or return personal information upon reasonable request, where legally permissible.

While reasonable precautions are taken, Kraaibosch Nurseries shall not be liable for any loss or damage arising from unauthorised disclosure beyond our reasonable control.


8. Third-Party Websites

This website may contain links to third-party websites not under the control of Kraaibosch Nurseries. We are not responsible for the content, availability, privacy practices or security of such websites. Accessing third-party websites is done entirely at your own risk.


9. Linking to the Website

No person may create a hyperlink, frame, deep link or similar reference to this website or any of its pages without prior written approval from an authorised representative of Kraaibosch Nurseries. Approval may be granted subject to conditions.


10. Limitation of Liability and Indemnity

To the fullest extent permitted by law, Kraaibosch Nurseries shall not be liable for any direct, indirect, incidental, special or consequential loss or damages arising from:

  • use or inability to use the website;

  • reliance on website content;

  • unlawful activity beyond our reasonable control.

You hereby indemnify Kraaibosch Nurseries against any loss, claim or damage arising from your use of the website, unless such loss is caused by our gross negligence.


11. Amendments

Kraaibosch Nurseries reserves the right to amend these Terms and Conditions at any time. Updated versions will be posted on the website and will apply from the date of publication. Continued use of the website constitutes acceptance of the amended Terms and Conditions.


12. Termination

We may suspend or terminate access to the website at our sole discretion, with or without notice. Kraaibosch Nurseries shall not be liable for any consequences arising from such suspension or termination.


13. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts in respect of any disputes arising from your use of this website.


14. General

The remainder of the website is primarily intended for informational and marketing purposes and complies with applicable legislation.