T's & C's

Some Fine Print

 

OKITHENGARDENS.COM TERMS AND CONDITIONS

BY VISITING OKITCHENGARDENS.COM, YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

 

OVERVIEW.

This website is operated by Organic Kitchen Gardens. Throughout the site, the terms “we”, “us” and “our” refer to Organic Kitchen Gardens. Organic Kitchen Gardens offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or signing up for our blog,  booking one of our offerings (consultations, Courses, Events etc.)  you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms  and Conditions carefully before accessing or using our website.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our website is powered by  WIX.COM. They provide us with the online platform that allows us to provide services to you. Read their Terms and Conditions for more information.

 

GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state or country of residence, or that you are the age of majority in your state, country or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature, asseblief guys .

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

BOOKINGS POLICY. 

Bookings for consultations and/or courses are paid for in advance to secure your appointment or slot respectively.  Upon booking your consultation appointment or course we will send you an email to notify you that we have acknowledged your request. The email will contain the details of your appointment, applicable fees and our banking details. In  the event that there is an error in our email confirmations, it is your responsibility to inform us as soon as possible. Please, please do this. We really do like you!

Your booking is not confirmed until payment for such has been received.

Consultations

  1. Consultations fees are non-refundable.  Should you not be able to honour your appointment you will be required to provide us with a notice at least 24hrs before your scheduled appointment.  We will then reschedule your appointment to the next available date. 

  2. A travel fee equal to the value of a standard Uber car return trip will apply for consultations outside our immediate Randburg location.

  3. Payment for your booking should be made within 3 days of the date the booking was made or the date final invoice taking travel fees, (where applicable) was issued.  Should we not receive payment within the specified 3 day period your scheduled slot will be opened up for new bookings, unless agreed otherwise in writing.

  4. By clicking the "Book It" button herein, you signify that you understand and accept the terms and conditions.

OUT OF TOWN ASSIGNMENTS.

Fees for out of town Consultations, Design and or Installation assignments will be negotiated separately and may be subject to additional travel and accommodation costs.

PAYMENT OPTIONS.

We accept payments through the Electronic Fund Transfer system.  Use your Name and Surname or the name of your establishment where applicable as a  reference when making the electronic transfer. Proof of payment may be sent to bookings@okitchengardens.com

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.

Whilst every effort is made to update the information provided on this website on a regular basis, Organic Kitchen Gardens makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the website and shall not be bound in any manner by any information contained on the website or any of the pages comprising the website. Organic Kitchen Gardens reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of this website. No opinions, information, data or content contained on the website shall be construed as advice and same are offered for information purposes only. Organic Kitchen Gardens gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

 

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS.

This website is solely for your personal and non-commercial use. Copyright and all intellectual property

rights in all materials made available through this website are owned by Organic Kitchen Gardens. Organic Kitchen Gardens is the lawful user thereof and is protected by both South African and international intellectual property right laws.

 

Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks are properties of Organic Kitchen Gardens. Organic Kitchen are therefore the lawful users of the trademarks.

 

Nothing contained on this website should be construed as granting any licence or right to use any

trademarks without the prior written permission of Organic Kitchen Gardens.

EXTERNAL LINKS.

External links may be provided for your convenience, but they are beyond the control of Organic Kitchen Gardens and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website's terms and conditions of use. No hypertext links shall be created from any website whether controlled by you or otherwise to this website without the express prior written permission of Organic Kitchen Gardens.

 

MODIFICATIONS TO THE SERVICE AND PRICES.

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

 

Your submission of personal information on and offline is governed by our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, travel fee and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings in the Service or on any related website is inaccurate at any time. Where a request for a consultation has been submitted based on inaccurate information on we will notify you of such changes and make an appropriate arrangement which is will be limited to a refund of the consultation fee by us or re-schedule for a later date.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Organic Kitchen Gardens, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION.

You agree to indemnify, defend and hold harmless Organic Kitchen Gardens and our , affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

CHANGES TO TERMS OF SERVICE.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@okitchengardens.com

Establishment: ORGANIC KITCHEN GARDENS

Address: P O Box 467,  WITS, 2050.

EFFECTIVE NOVEMBER 01, 2016.

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