Terms of Use and Privacy Policy – Rich Products Corporation Africa

TERMS OF USE AND PRIVACY POLICY

  1. INTRODUCTION
    1. Welcome to the Rich Products Corporation website (“the Website”) at https://richs.getsbenchmarked.co.za. Please read these terms and conditions (“Terms and Conditions”) so that you can understand how they apply to your use of the Website.
    2. Hotbake Systems Propriety Limited t/a Rich Products Corporation Africa, registration number 1969/014691/07 (“Rich”) is a private company duly incorporated and registered in the Republic of South Africa, with its registered address at 77 Earp Street, Ophirton, 2091. Rich can be contacted on +27 11 429 4000 or website@richza.com. Rich owns and operates the Website.
    3. You may use the Website for your own personal and information purposes only, and for no other purpose.
    4. By using the Website, you confirm that you have read and understood the Terms and Conditions and agree to be bound by them. These Terms and Conditions constitute the whole of the agreement between Rich and you relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms and Conditions not incorporated herein shall be binding on Rich and yourself.
    5. Rich reserves the right to suspend the Website or any part thereof at any time, at its sole discretion.
  2. AVAILABILITY
    Rich cannot always guarantee the availability of the products listed in the product catalogues available via the Website, as Rich relies on the stock of its suppliers. Rich will update the product catalogues from time to time and as soon as it becomes aware of any product becoming unavailable and/or discontinued.
  3. INTELLECTUAL PROPERTY
    Rich either owns or is licensed to use all intellectual property rights and/or other material on the Website. You are only permitted to view, print or store electronically a copy of any information on the Website, including these Terms and Conditions, solely for your personal, lawful, noncommercial use and a failure to do so will constitute an unlawful infringement of the intellectual property rights of Rich or its licensors.
  4. USE OF RICH’s LOGOS, CONTENT AND IMAGES
    You cannot use the content of the Website, Rich logos or any other images that appear on the Website without the prior written consent of Rich. Failure to comply with this will constitute an unlawful infringement of the intellectual property rights of Rich and its licensors.
  5. GOVERNING LAW AND JURISDICTION
    These Terms and Conditions are governed by and construed under the laws of the Republic of South Africa and you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, South Africa.
  6. INFORMATION SECURITY
    1. Rich may request your name and surname, identity number, telephone number, email address, date of birth and gender, from time to time. Rich may obtain information about your usage of the Website for reasons Rich will communicate to you.
    2. Rich may also email you information about its product offerings and details of certain promotions and special offers. If you do not wish to be contacted for these purposes, you may click on the “unsubscribe” link found at the bottom of all email messages.
    3. Any information which you upload on the Website will be stored on a secure server.
    4. Rich will not disclose, sell or rent your personal information to third parties without your consent unless Rich is compelled to do so by law. Rich may do so if you have granted consent thereto.
    5. Rich cannot guarantee the absolute security of any information you exchange with it. Rich will however take reasonable steps in an attempt to protect your personal information.
    6. It is expressly prohibited for any person, to gain or attempt to gain unauthorised access to any page on the Website, or to deliver or to attempt to deliver any unauthorised, damaging or malicious code to the Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the Website or attempts to gain unauthorised access to any page on the Website shall be held liable for all damage and loss suffered by Rich as a result thereof.
  7. ACCURACY OF WEBSITE CONTENT
    1. Rich does not warrant that the content or information displayed on the Website is always accurate, complete and/or current.
    2. Rich reserve the right at any time to change or discontinue without notice, any aspect or feature of the Website. No Information contained on the Website shall be construed as advice and same is offered for information purposes only.
  8. AMENDED OR UPDATED TERMS
    1. Rich may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of the Website will mean you accept any updated or revised Terms and Conditions.
    2. Accordingly you agree to review these Terms and Conditions periodically, and your continued access or use of the Website shall be deemed to be your acceptance, from time to time, of the amended Standard Terms and Conditions.
  9. DISCLAIMERS AND EXCLUSIONS OF LIABILITY
    1. Use of the Website is entirely at your own risk. Rich makes no representations and/or warranties of any kind, whether express or implied. Rich accepts no liability, to the extent permitted by law, for any damages, howsoever arising, whether direct, indirect, incidental, special or consequential loss from the access or use of the Website.
    2. The Website is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements.
    3. By using the Website you hereby agree to indemnify Rich against all claims of whatsoever nature which may be made against it by any third party arising out of your use of the Website and/or its contents contrary to the Terms and Conditions.
  10. PROCESSING OF PERSONAL INFORMATION
    1. For the purposes of this clause 10, unless the context clearly indicates a contrary intention, the terms referred to hereunder shall have the following meanings –
      1. “POPI Act” means the Protection of Personal Information Act 4 of 2013, as amended, from time to time;
      2. “personal information” means any information provided to Rich by you which is of a personal nature and includes but is not limited to, your identity/registration number, gender, marital status, education, financial and/or employment history, email addresses, physical addresses, location, data billing information and/or personal information as defined in any applicable data protection legislation including the POPI Act but specifically excluding but not limited to information which is (i) in the public domain; and (ii) required to be disclosed by any applicable law;
      3. “processing” means any operation or activity, whether or not performed by automatic means, concerning personal information, including, but not limited to, the distribution, collection, use, alteration, storage and/or destruction of the personal information.
    2. Rich takes the privacy rights of its customers and users of the Website very seriously. This privacy policy explains how your personal information may be processed and for what purposes Rich may use identifiable and non-identifiable information.
    3. From time to time Rich may have to amend this privacy policy to accommodate changes in our business and/or services and/or legal requirements.
    4. The POPI Act is aimed at protecting your personal information and prescribes what Rich must and must not do with it.
    5. You may not access the Website if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
    6. You may only send Rich your own personal information or the information of another data subject where you have obtained their permission to do so.

      Personal Information Rich Collects About You
    7. Should you decide to register as a user on the Website, Rich may require you to provide it with personal information which includes but is not limited to, your:
      1. name and surname;
      2. identity number;
      3. email address;
      4. gender;
      5. telephone number; and
      6. date of birth.
    8. Should your personal information change, please inform Rich and provide Rich with updates to your personal information as soon as reasonably possible to enable Rich to update your personal information.
    9. You may choose to provide additional personal information to Rich, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    10. Rich may also collect anonymous, non-personal data, such as your Internet Protocol (IP) address (when collecting your IP address, Rich de-identifies it by just using the three first groups of numbers in the IP address), browser type, and operating system through the use of “cookies.” Rich may use cookies to keep track of your visits to the Website in order to optimise the user experience. A “cookie” is a small file that can be stored by your browser on your computer’s hard drive. Please be aware that “cookies” may be used to compile anonymous statistics related to your pattern of browsing on the Website. When used in this manner you are not individually identified. Data collected in this manner is used only in aggregate form. The data is not combined with, or matched to, any of your personal data. You can usually change your browser's settings so that it will not accept cookies, although this may make it difficult for you to use some areas of the Website.
    11. For statistical purposes Rich may also collect information to analyse traffic to the Website. This information is not personally identifiable.

      Why Rich requires your personal information
    12. Rich may process your personal information for the following purposes -
      1. for Rich’s product development or enhancement, for content improvement, and to customise the content and layout of the Website;
      2. when you sign up for online services like e-mail newsletters, Rich uses your e-mail address to send the information which you have requested;
      3. contact information may be used to send you information about Rich and to send you occasional promotional material such as information about special offers which Rich thinks you may find valuable or information about functionality changes to the Website, or information about upcoming events or contests sponsored by Rich

      Right to access and correct personal information
    13. Upon request by e-mail or by mail to the addresses set out above, Rich will provide you with a summary of any personal information collected and retained by Rich regarding you. You may modify, correct, or update your personal information or request to have your personal information removed from Rich’s database. Rich will only send copies of personal information to the e-mail address on file for the visitor name associated with it.

    14. Non-disclosure to third parties

    15. Rich will only share your personal information with its affiliates, companies that help it to provide its services to you and which have agreed to keep your personal information secure, confidential and to only use it for authorised purposes; as set out herein.
    16. Rich is entitled to process and/or disclose your personal information if such processing and/or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Rich, or to protect and defend its rights or property.
    17. Rich will ensure that all of its employees and third party service providers (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    18. Rich agrees –
      1. to treat your personal information as strictly confidential, save where Rich is entitled to share it as set out in this privacy policy;
      2. to take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. to provide you with access to your personal information to view and/or update personal details;
      4. to promptly notify you if it becomes aware of any unauthorised use, disclosure or processing of your personal information:
      5. to provide you with reasonable evidence of Rich’s compliance with its obligations under this privacy policy on reasonable notice and request;
      6. upon your request, to promptly return or destroy any and all of your personal information in its possession or control, save for that which it is legally obliged to retain; and
      7. not sell or make your personal information available to any third party other than as provided for in this privacy policy.

      Retention and security
    19. Rich undertakes not to retain your personal information for longer than the period for which it was originally needed, unless it is required by law to do so, or you consent to Rich retaining such information for a longer period.

      Your consent
    20. Rich will not require you to consent to the processing of personal information beyond that required to fulfil the explicitly specified and legitimate purposes for which the personal information is being provided. By accessing the Website, you consent to the processing of your personal information by Rich in the manner set out in this privacy policy. Should Rich change its privacy policy, it will post such changes on the Website so that you are always aware of what information is collected, how it is used and under what circumstances it may be processed. The privacy policy posted at any time or from time to time via the Website shall be deemed to be the privacy policy then in effect.

      Opt out – once your consent has already been provided
    21. Rich provides you with the opportunity to opt out of receiving promotional and marketing information from Rich at the time that it collects your personal information and each time it sends you information. By clicking on the “unsubscribe” link found at the bottom of all email messages, you may withdraw your consent to the processing of your personal information by Rich (subject to legal or contractual restrictions).
  11. GENERAL
    1. These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Rich from time to time, for so long as the Website exists and is operational. Rich shall be entitled to terminate these Terms and Conditions and/or shut down the Website at any time.
    2. No failure or delay by Rich in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the rights of Rich under these Terms and Conditions.
    3. Should any provision in these Terms and Conditions be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other provision or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable provision.
    4. You shall not assign, transfer, novate, charge, subcontract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
    5. Any and all copyright subsisting in the Website vests in Rich or its licensors, as the case may be, and all rights not expressly granted are reserved.