Press "Enter" to skip to content

TERMS OF USE

These Terms of Use (“Terms”) govern your use (the “User”) of the Website located at the domain name www.kirstenboschbookshop.co.za (“Website”) which is operated by The Kirstenbosch Branch of the Botanical Society of South Africa (“The Botanical Society”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access, display, use, download, or otherwise copy or distribute data, code or content obtained from the Website.

All users of this Website who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Website.

Content provided on the Website

The content of the Website, including hyperlinks to third party websites, is provided without warranty or representation of any kind, implied or otherwise. Any use or and/or reliance on such content is done entirely at your own risk and you hereby accept that The Kirstenbosch Bookshop or The Botanical Society will have no liability in this regard for any loss or damage whatsoever.

The Website is to be used as a source of general information and The Kirstenbosch Bookshop shall not be liable for any loss or damage including consequential loss derived from information provided via the Website.

Please notify us immediately if you have reason to believe that any of the content on this Website is incorrect or is presumed to be used unlawfully by sending an email to gregory@botsoc-kirstenbosch.org.za

Neither The Botanical Society nor any of its officers, directors and employees, shall not be liable for any resultant loss or damage caused by:

  • any interruption, downtime, malfunction or other failure of the Website or related online services, the system, databases or any of its components, for reasons beyond its control;
  • any data breach, unlawful access to or theft of data, computer viruses or destructive code on its system or linked third party websites and systems;
  • programming defects; or
  • any event over which we have no direct control.

Take care when leaving this Website, even if by following a link provided here, as you will then be subject to the terms and conditions of that site.

Using the Website

The Botanical Society encourages positive engagement with others and with nature.

In keeping with this, Users agree not to post comments, statements or other materials on the Website that may be false, unlawful, indecent, obscene, offensive, degrading, harassing, defamatory or that may infringe any intellectual property or privacy rights. Any offensive or unlawful postings may be removed from the Website without notice or warning and The Kirstenbosch Bookshop nor the Botanical Society can be held liable for any comments, statements of other materials posted on the Website by its Users.

Furthermore, Users are strictly prohibited from using this Website for “scraping”, “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar to the aforementioned acts.

By accessing or using the Website, you agree and undertake that:

  • Your participation in using the Website is for your own personal use.
  • You will only use the Website for lawful purposes and in the manner permitted.
  • You will not use the Website to cause nuisance, annoyance or inconvenience.
  • You will not use the Website or information obtained from the Website to advertise or offer for sale any goods or services without The Kirstenbosch Bookshop’s prior written consent.
  • You will not impair the proper operation of the Website.
  • You will not restrict, inhibit or prevent others from using the Website by using technical means, hacking or defacing any part of the Website.
  • You will not cause or condone any harm to the Website in any way whatsoever.
  • You will provide The Kirstenbosch Bookshop with whatever proof of identity it may reasonably request.
  • You will not reverse engineer, modify or make derivative works using or based on the Website.
  • You will not create Internet “links” to the Website or “frame” or “mirror” the Website, or any part of its content, on any other server, wireless, online or connected device.
  • You will not access the Website in order to build a competitive product or service, build a product using similar ideas, features, functions, lay-out or graphics of the Website, or copy any ideas, features, functions, lay-out or graphics of the Website.
  • You will not interfere with or disrupt the integrity or performance of the Website.

Any non-compliance with these Terms may result in the disclosure of your information to law enforcement authorities and The Botanical Society reserves the right to prevent your further access to the Website.

Any failure by The Kirstenbosch Bookshop or The Botanical Society to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision. If any Term(s) are not fully enforceable or valid for any reason, such Term(s) shall be severable from the remaining Terms which will not be affected by such invalidity or unenforceability and shall remain enforceable.

Intellectual Property

Unless otherwise indicated, the Website is the property of The Kirstenbosch Bookshop  and all source code, object code, databases, functionality, software, lay-out and design, audio, video, text, learning materials, photographs, and graphics featured on or relating to the Website (collectively, the “Content”) and the domain names, trademarks and logos featured or used in relation to the Website (the “Marks”) are owned or licensed by The Botanical Society. These elements are protected by intellectual property rights, notably copyright, trademark, unfair competition and privacy laws of South Africa, foreign jurisdictions, and international conventions.

No part of the Website, no Content or Marks may be copied, reproduced, aggregated, adapted or modified, published or republished, uploaded, posted, publicly displayed, stored, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever (including promotional, commercial or to represent an association with, or endorsement by The Kirstenbosch Bookshop), without express prior written permission from The Kirstenbosch Bookshop or as otherwise expressly provided for in these Terms.

Provided that a User is eligible to use the Website, the User will be granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which the User has properly gained access solely for the User’s personal, non-commercial use. The Kirstenbosch Bookshop reserves all rights not expressly granted to a User in and to the Website or Content contained therein.

Privacy Policy

Data protection relating to the collection, processing and storage of personal information is of the highest concern for The KIrstenbosch Bookshop  and, as such, all the data collected from Users of the Website is processed and stored according to existing legal provisions prescribed in the Electronic Communications and Transactions Act (“ECTA”) and the Protection of Personal Information Act (“POPIA”).

In accordance with the abovementioned legal provisions, The Kirstenbosch Bookshop will use all personal information collected and stored by it only for the purposes for which it was collected and/or stored and for as long as it is required by law to store such information. The Kirstenbosch Bookshop takes all reasonable and appropriate measures, both technical and operational, to ensure that your personal information is securely stored.

When you interact through the Website, we may collect certain information from you, including personal information that you provide voluntarily. This information may include your name, address, e-mail address, IP addresses, telephone number. By providing us with the information voluntarily, you are consenting to our use thereof and by doing so you acknowledge, agree and expressly consent that such personal information may be transferred to our servers and authorised third parties.

Please also note that The Botanical Society also receives and stores standard information of a non-identifiable nature. This is information regarding your internet connection, search terms used on our Website, URL, IP address, domain type, browser type, location and device which is received when you interact with the Website. The Kirstenbosch Bookshop may use such information to track and improve Website use.

The Kirstenbosch Bookshop may use cookies, which are text files stored in your browser that allow us to track Website visits, aggregate data and improve the Website. The Kirstenbosch Bookshop may also use web beacons which are electronic images that the Website to count visits to a particular page. Neither of these collect personal information and may also be rejected by Users.

The Kirstenbosch Bookshop will not share personal contact information with a third party or use your personal information to forward unsolicited marketing materials of any kind, but we may be legally required to disclose it in certain circumstances.

Payments

These Terms apply separately to each payment that a User makes and by confirming on the Website that the User wishes to make a payment the User agrees to be bound by these Terms.

The Botanical Society does not process any card payments directly on our server. We do not store or process personal financial information. Once you confirm to us through the Website that you wish to proceed with your payment, your transaction will be processed through our payment services provider(s) PayFast. By using this facility, you will be agreeing to the associated terms and conditions which are independent and unrelated to these Terms. 

Furthermore, by agreeing to use PayFast facility, you hereby indemnify The Kirstenbosch Bookshop or Botanical Society from any harm or loss suffered either directly or indirectly as a consequence of using the PayFast facility.