petWise.co.za (the "Site") is an online information service provided by the PFI (Pet Food Industry) Association, a company duly registered in terms of Section 21 of the Company’s Act of the Republic of South Africa. Access to petWise.co.za is subject to your compliance with the terms and conditions set forth below.
Any reference to petWise.co.za, petWise, PFI Association in this agreement shall mean The Pet Food Industry Association.
Access to the Site remains strictly reserved.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
1. Copyright, licences, Intellectual Property and idea submissions
Domestic and international copyright protect the entire contents of the petWise.co.za website and services offered. The owner of the Intellectual Property, and copyright is the PFI Association.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please notify us immediately.
2. Use of the Site
Except for information, products or services clearly identified as being supplied by petWise.co.za, the PFI Association does not operate, control or endorse any information, products or services on the Internet in any way.
Other than petWise.co.za services or PFI Association generated information, all information, products, information and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with the PFI Association.
The PFI Association cannot and does not guarantee or warrant that information; news or files available on the Site or via download facilities through the Site are true and accurate. You are urged to verify all information published on this site with the relevant company, individual supplier, breeder, club or your vet, before taking any decision. Use of the information published on this site is at your own risk and you will have no recourse against the Site, the PFI Association and/or its Directors.
With reference to download files, petWise.co.za does not warrant or guarantee files will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the service and all charges related thereto.
You agree to indemnify, defend and hold harmless the PFI Association, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
5. Third party rights
The provisions of paragraphs 2 (Use of the Site), and 4 (Indemnification) are for the benefit of the PFI Association and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Special admonitions for international use
Recognising the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside.
7. Dealings with third parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the PFI Association shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site or third parties may provide links to non-PFI Association websites or resources. Because the PFI Association has no control over such sites and resources, you acknowledge and agree that the PFI Association is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the PFI Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement shall all be governed and construed in accordance with the laws of the Republic of South Africa. You agree that any legal action or proceeding between the PFI Association and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction being the High Court of South Africa (Johannesburg Local Division) or the Magistrates Court for the district of Johannesburg held at Johannesburg sitting in the district of Johannesburg, Gauteng, South Africa.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The PFI Association's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
The PFI Association may assign, cede or transfer any of its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein remain the property of the PFI Association and are reserved in toto.