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Terms of Use

Nueva Pescanova South Africa (Pty) Ltd (Registration Number: 2017/416571/07) (“PESCANOVA”/“WE”/”US”/”OUR”) operates the www.pescanovaweb.co.za website.

INTERPRETATION

1.1. Words and expressions defined in these Terms shall have the same meaning herein unless otherwise expressly indicated.

1.2. In these Terms, unless the context otherwise indicates:

  • 1.2.1. “CPA” means the Consumer Protection Act 68 of 2008;
  • 1.2.2. “DATA” means all data provided by you to us directly or indirectly, including your Personal Information and any draft or published content created/developed by you while making use of the Services;
  • 1.2.3. “ECTA” means Electronic Communications and Transactions Act 25 of 2002 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);
  • 1.2.4. “Personal Information” has the meaning assigned to that term in the POPI Act;
  • 1.2.5. “Processing” has the meaning assigned to that term in the POPI Act and “Process” shall have a corresponding meaning;
  • 1.2.6. “POPI Act” means Protection of Personal Information Act No. 4 of 2013 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);
  • 1.2.7. “RSA” means the Republic of South Africa;
  • 1.2.8. “Services” means all the services offered by us via our Websites;
  • 1.2.9. “Terms” means the terms and conditions for use of the Website and the Privacy Policy set out herein;
  • 1.2.10. “User” or “you” refers to all individuals and/or entities accessing the Website; and
  • 1.2.11. “Website” means the www.pescanovaweb.co.za website.

CONSUMER PROTECTION ACT

2.1. In terms of clause 49 of the CPA any notice to consumers or provision of a consumer agreement that purports to—

(a) limit in any way the risk or liability of the supplier or any other person;

(b) constitute an assumption of risk or liability by the consumer; or

(c) impose an obligation on the consumer to indemnify the supplier or any other person for any cause,

must be drawn to the attention of the consumer in a manner and form that satisfies the formal requirements of the CPA and as such. In this regard we hereby refer your attention to clause 8 below.

GENERAL

3.1. By using the Website, you unconditionally and irrevocably confirm your acceptance of these Terms.

3.2. We reserve the right to change and/or amend these Terms in any manner at any time without prior notice to you by updating this page.

3.3. The most recent version of these Terms will govern the respective rights and obligations between you and us.

TERMS OF USE

4.1. You may not use the Website in order to transmit, distribute, store or destroy material:

  • 4.1.1. In violation of any applicable law or regulations;
  • 4.1.2. Which violates or infringes in any way upon the rights of others;
  • 4.1.3. That is defamatory, obscene, threating, abusive or hateful;
  • 4.1.4. In a manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.

4.2. The following is prohibited with respect to the Website:

  • 4.2.1. Using any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the Website.
  • 4.2.2. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising the Website.
  • 4.2.3. Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website; and
  • 4.2.4. Attempting to access any area of the Website to which access is not authorised.

PROCESSING OF DATA

5.1. Categories of Data We Collect:In order to use our Services you may be required to provide us with your full name and e-mail address, home and/or delivery address and telephone number. We may also collect content created and/or published by you using the Services and other information provided by you to us through your use of the Website and/or in your communication with us;

5.2. Why we Process your Data:

  • 5.2.1. The reason we Process your Data is to –
  • 5.2.1.1. render the Services, as offered on the Website;
  • 5.2.1.2. provide information to you about our products and services;
  • 5.2.1.3. conduct market research;
  • 5.2.1.4. compile statistical and/or data analyses;
  • 5.2.1.5. give effect to any communication received from you, which may include instructions, requests, queries, complaints and questions;
  • 5.2.1.6. update our records and/or your contact details;
  • 5.2.1.7. store, secure and back-up Data;
  • 5.2.1.8. tailor our Websites to accommodate current market trends and/or demands;
  • 5.2.1.9. for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of Pescanova, its affiliated companies, contractors, franchisees, and employees or service providers.

5.3. Use of Personal Information for statistical purposes:

  • 5.3.1. As permitted by ECTA, we may use Personal Information collected to compile profiles for statistical purposes. The Personal Information contained in the profiles or statistics will be de-identified and it will thus not be possible to link such information to any specific User.
  • 5.3.2. To this end, we anonymise and aggregate your Personal Information. We may share this anonymised Personal Information with our trusted partners to facilitate their related endeavours, which may prove to benefit you, by promoting your preferences.

5.4. Tracking and cookies:

  • 5.4.1. The Website makes use of “cookies” to automatically collect information and data. A cookie is a small file, which asks for permission to be placed on the hard drive of your computer.
  • 5.4.2. We use legal cookies to track acceptance of legal terms and cookies. Acceptance of these cookies is not optional.
  • 5.4.3. Other cookies, such as analytics cookies and session cookies are optional. If you do not accept these cookies you will be entitled to use the Website but you may be prevented from taking full advantage of our products and Services and it may diminish user experience. We only use information collected from session cookies to ensure that the Website operates efficiently and we only use information collected from analytics cookies to personalise content and adverts and to analyse our traffic. We share this information with our analytics partners. Once you agree, the file is added and the cookie assists the web traffic analysis or your visits to this Website.
  • 5.4.4. Cookie expiration times vary for the different cookies. Most web browsers automatically accept cookies and you should modify your browser setting to decline cookies if you prefer.
  • 5.4.5. If you have any queries on cookies please contact us on info@nuevapescanovasa.co.za.

Third Party Payment Processor

  • 5.4.6. We may use a third party payment processor to process payments made to us or third parties.
  • 5.4.7. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor and the use of your Personal Information is governed by their privacy policy.

5.5. How we collect your Data:

  • 5.5.1. We shall collect Data from among others, the following sources:
  • 5.5.1.1. our Website;
  • 5.5.1.2. our correspondence (in any form) with you;
  • 5.5.1.3. directly from you when you provide us with the Data referred to in clause 5.1;
  • 5.5.1.4. any forms you complete for our purposes; and
  • 5.5.1.5. when you use and enjoy any of the Services that require you to make your Data available to us.
  • 5.5.2. We shall collect your Data directly from you, except to the extent that:
  • 5.5.2.1. the Data is contained in or derived from a public record or has deliberately been made public by you; or
  • 5.5.2.2. you consent to us collecting the Data from another source.
  • 5.5.3. Accordingly, you appreciate that in order for us to provide you with the Services, it is reasonably necessary for:
  • 5.5.3.1. you to directly submit your Data to us, as contemplated in 5.5.1 above; and
  • 5.5.3.2. us to obtain your Data indirectly from the sources in clause 5.5.2 above, and

you hereby unconditionally and irrevocably consent to the collection of your Data in the manner contemplated above, and to us Processing such information in accordance with these Terms.

5.6. Where we store your Data:

The Data which we collect from you may be stored by us in the RSA, may be disseminated to, and stored at a destination outside the RSA and/or by way of cloud storage via Amazon Web Services (https://aws.amazon.com/es/compliance/gdpr-center/).

By registering via the Website and/or making use of the Services you accept such terms of service, as may be updated by them from time to time.

5.7. To whom do we disseminate your Data:

  • 5.7.1. We may disseminate your Data to any of our affiliates, as that term is defined in the Companies Act No. 71 of 2008, to our and their employees, to our third party service providers and contractors for any of the purposes specified in clause 5.3, Amazon Web Services (https://aws.amazon.com/es/compliance/gdpr-center/), subject to clause 5.8.2 below.
  • 5.7.2. We shall also be entitled to disseminate your Data to the relevant third parties concerned should one of the following occasions transpire:
  • 5.7.2.1. we are legally obligated in terms of statute, applicable law or a court ruling to disseminate your Data;
  • 5.7.2.2. we reasonably believe in good faith that the dissemination of the Data is reasonably necessary to protect our or your property and/or rights or that of third parties and/or the public at large; and/or
  • 5.7.2.3. you furnish us with express consent to disseminate your Data to an identifiable and authorised entity and/or person.
  • 5.7.3. You are entitled to request access to any relevant Personal Information held by us.
  • 5.7.4. For any Personal Information held by third parties, you must approach that responsible third party to access your Personal Information.
  • 5.7.5. You hereby acknowledge that if you send us a request (for example via a support email or via our feedback mechanisms) we reserve the right to publish it on our Websites, which shall enable us to convey our response and/or clarify an issue to you.

5.8. What happens if you refuse to provide us with Data:

  • 5.8.1. If you do not provide us with the Data that we request you will not be able to register and will thus not be entitled to use the Services.
  • 5.8.2. Should you fail to provide us with any mandatory Data that we request in order for us to effectively render our Services, we reserve the right to discontinue providing you with all or part of the Services.

5.9. Processing of Personal Information:

  • 5.9.1. We undertake to Process the Personal Information in accordance with the POPI Act.
  • 5.9.2. We acknowledge and accept that in terms of section 21(1) of the POPI Act, we must conclude a written contract with the entity and/or person processing the Personal Information on our behalf (the “operator”). Such written contract shall ensure that the operator, which processes the Personal Information shall establish and maintain the security measures referred to in section 19 of the POPI Act.

PROTECTION OF YOUR DATA

6.1. We shall take reasonable precautions to protect your Data from unauthorized use and disclosure. In this regard, we undertake not to sell, rent or lease your Data to unauthorised third parties for their independent use, without your consent.

6.2. We shall take reasonable technical, administrative and physical measures to protect Data contained in our database against misuse, loss, damage, unauthorised alteration and/or destruction, unlawful access and Processing.

6.3. Keep in mind however, that no method of transmission over the internet, or method of electronic storage is 100% secure. Therefore, while we shall strive to use commercially acceptable means to protect your Data, we cannot guarantee its absolute security.

6.4. Accordingly, we provide no guarantee that the Websites will be free of observance by third parties, viruses or any other contaminating or destructive properties and you hereby accept sole risk and responsibility in respect of the use of the Website

SECURITY

7.1. You are prohibited from violating or attempting to violate the security of the Website, which prohibition includes, but is not limited to:

  • 7.1.1. accessing data not intended for such User or logging into a server or account which the User is not authorised to access;
  • 7.1.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
  • 7.1.3. attempting to interfere with services to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
  • 7.1.4. sending unsolicited email, including promotions and/or advertising of products or services;
  • 7.1.5. deleting or revising any material posted by any other person or entity;
  • 7.1.6. using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

7.2. Pescanova reserves the right to investigate such violations and any violation by you could result in civil or criminal liability.

DISCLAIMERS AND LIMITATION OF LIABILITY

8.1. ALTHOUGH PESCANOVA WILL ALWAYS TRY TO ENSURE THAT THE FUNCTIONALITY OF THE SERVICES ARE AVAILABLE, THE SERVICES ARE PROVIDED “AS IS”. SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS, PESCANOVA MAKES NO WARRANTIES, REPRESENTATIONS, STATEMENTS OR GUARANTEES (WHETHER EXPRESS, IMPLIED IN LAW OR RESIDUAL) IN THIS REGARD. SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS, PESCANOVA DOES NOT WARRANT THAT THE SERVICES WILL –

  • 8.1.1. MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  • 8.1.2. BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE;
  • 8.1.3. MEET ANY PARTICULAR MEASURE OF ACCURACY, COMPLETENESS OR RELIABILITY, PERFORMANCE OR QUALITY; OR
  • 8.1.4. BE FREE OF VIRUSES OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR ADVERSELY AFFECT THE OPERATION OF YOUR COMPUTER, DATA OR NETWORK.

8.2. SUBJECT TO APPLICABLE LAWS, PESCANOVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PESCANOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PESCANOVA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; HACKING OR VIOLATION OF ANY PESCANOVA SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTY , EVEN IF PESCANOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PESCANOVA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PESCANOVA’S REASONABLE CONTROL.

8.3. YOU INDEMNIFY AND HOLD US, OUR EMPLOYEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND SERVICE PROVIDERS (“INDEMNIFIED PERSONS”) HARMLESS AGAINST ANY CLAIMS, LOSSES AND/OR DAMAGES BROUGHT AGAINST OR SUSTAINED BY US AS A RESULT OF YOUR USE OF THE SERVICES (SAVE IN SO FAR AS THE SAME WAS CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT) AND/OR BREACH BY YOU OF THIS CLAUSE 8 AND/OR ANY OF YOUR OTHER OBLIGATIONS OR UNDERTAKINGS UNDER THESE TERMS.

8.4. THE LIMITATIONS, INDEMNITIES AND DISCLAIMER IN THIS CLAUSE 8 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

DIRECT MARKETING:

9.1. We may send you direct marketing communications and information about our Services similar in nature to those in which you initially displayed an interest.

9.2. These communications may be sent in various forms, including e-mail, SMS and phone calls. If you indicate a preference of communication, we will endeavour to use that method whenever practical to do so.

9.3. If you do not wish to receive our direct marketing, you may simply opt out by sending an email of your intention to Opt-Out to info@nuevapescanovasa.co.za and we shall thereafter remove and delete your Personal Information from our mailing list.

YOUR DATA AND CONTENT

10.1. You shall ensure that the Data you provide us with, and any content published by you on the Website: (i) is complete, accurate, not misleading and updated where necessary from time to time; (ii) does not infringe the intellectual property rights of any other person or entity; and (iii) does not contain any harmful, offensive, racial, sexual or misleading content. We shall be entitled to forthwith remove content published by you in the event that we receive any complaints of whatsoever nature concerning the Data or content, or in the event of a breach by you of any of the terms of this agreement.

10.2. In the event that you wish to delete, update or amend the Data that you have submitted to us or any content you have published you may do so through any of the channels made available on the Website or you may email a request for an amendment to info@nuevapescanovasa.co.za.

10.3. By submitting material to this Website, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant Pescanova, the right to edit, copy, publish and distribute any material made available by you. Pescanova, shall have the right to remove any material that Pescanova, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10.4. You are fully responsible for backing-up your own Data and content. We will not be responsible to you in the event of any destruction or loss of Data or content.

RELIANCE ON/ USE OF OTHER DATA OR CONTENT

11.1. We do not guarantee the legality or integrity of any other User’s Data or content or that such Data or content is accurate, up to date or reliable. We do not guarantee, nor do we verify whether such Data or content infringes the intellectual property of any other person or entity. You rely on such Data and content at your soul risk and waive any claim against the Indemnified Persons arising from or in connection with your reliance on or use of the Data or content.

11.2. You shall not in any way copy, reproduce or use another User’s data or content without their prior written consent and shall not in any way infringe the intellectual property rights of any other person or entity.

11.3. If you find any content posted by any other User offensive please e-mail your complaint to info@nuevapescanovasa.co.za. We will investigate such complaint within a reasonable time.

SUSPENSION OF SERVICES / REVOCATION

12.1. We shall be entitled to immediately suspend Services to you and or revoke your access to the Website in the event of a breach by you of any of these Terms.

12.2. The above shall be in addition to, and without prejudice to, any other rights which we may have in contract or at law.

RETENTION OF DATA

13.1. The period for which we will retain your Data will depend on the purposes for which the Data was collected, whether you have requested deletion of the Data, applicable limitation periods stipulated in the POPI Act, other legislation and/or the terms of service of third party subcontractors or service providers such as Google, legislation which requires the retention of the Data, good practice and/or our business interests. We will not retain Data about you for longer than is necessary to fulfil the purposes for which the Data was collected.

13.2. In the event of a request by you to delete Data we will do so in accordance with the POPI Act and will request the same of any other person/entity Processing the Data on our behalf (which deletion will be subject to their terms of service).

INTELLECTUAL PROPERTY

14.1. Any and all intellectual property, howsoever constituted, in respect of the Websites is our sole and exclusive property and you irrevocably and unconditionally undertake in our favour that you shall not, under any circumstances whatsoever, infringe our rights to such intellectual property or challenge or dispute our right to such intellectual property.

14.2. By using this Website you are not granted a licence or any other right including without limitation copyrighted material, trademarks and other proprietary information, such as, text software, photos, video, graphic, music and sound.

LINKS TO OTHER WEBSITES

15.1. The Website may contain links to other websites. We are not responsible for the privacy practices of those websites and you are obliged to familiarise yourself with the terms and conditions and privacy policies of those websites.

15.2. Should you share our Website or content on any social media website such as Facebook, Twitter and LinkedIn, your activity may be visible to third parties depending on your privacy settings chosen by you on the applicable social media websites.

15.3. For the avoidance of doubt, this Terms only applies to our Websites and we are not responsible for the use by such third parties of your Data.

APPLICABLE LAW

This website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website

SEVERABILITY

All terms and provisions of these Terms are deemed to be independent of each other and accordingly, if any term is found to be invalid, unlawful or unenforceable, such term or provision shall be deemed to be pro non scripto and the remainder of these Terms shall continue to be of full force and effect.

CESSION

You hereby irrevocably and unconditionally consent to us providing all your Personal Information, and assigning our rights and obligations under these Terms, to our successor in title or assigns. You may not cede any of your rights under these Terms to any other person without our prior written consent.