1.Acceptance of Terms and Conditions
1.1 This website is a service made available by www.GreenGardenTribe.com, a Naartjie Projects (Pty) (Ltd) business located in Sandton, South Africa, and its affiliates (collectively referred to in this document as “GREEN GARDEN TRIBE”).
1.3 By signing up to use our service or product offering, you warrant that you have express and complete authority to enter into this agreement.
1.4 Persons under the age of 18 are not permitted to use or register on GREEN GARDEN TRIBE, and by signing up, you confirm that you have reached the age of majority in your jurisdiction. Similarly, our direct competitors, their employees, or contractors cannot subscribe or use our service and product offering.
1.5 All use of GREEN GARDEN TRIBE – including content, information, and services – is subject to these terms and conditions, from now on referred to as the “Terms.” This is the entire agreement between the Service Provider, GREEN GARDEN TRIBE, and you (the User).
1.6 By accessing, browsing, or using GREEN GARDEN TRIBE, you acknowledge that you have read and understood the contents of the Terms and that you agree to be bound to these Terms as set out in this legal notice. Should you opt not to agree to the Terms, you are EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.7 GREEN GARDEN TRIBE reserves the right to amend, remove, or add to these Terms from time to time and the changes will be effective from the date on which they are published on our website. Users must ensure that they check these Terms regularly for updates or before they use the site and that the User consents hereto.
1.8 Further use of products and rendered services, after additional modifications in the terms and conditions, have been implemented, shall constitute consent to and acceptance of these modifications. Refusal to accept these modifications shall preclude the User from using the offered products and services. You (the User) expressly waive any right to receive specific notice of each such change.
1.9 The information provided by GREEN GARDEN TRIBE is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access GREEN GARDEN TRIBE from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.10 GREEN GARDEN TRIBE may only be used as specified by us and not in connection with any other commercial endeavors except those that are specifically endorsed or approved in writing by us.
1.11 GREEN GARDEN TRIBE is exclusively entitled to decide on the functionality, use, subject matter, content, nature and variety of services and products provided by GREEN GARDEN TRIBE, as well as to cease rendering any or all of these services at its sole discretion after providing what it deems to be a reasonable notice period.
1.12 Information provided by our Users through the GREEN GARDEN TRIBE Service may contain links to third-party websites that are not owned or controlled by GREEN GARDEN TRIBE. GREEN GARDEN TRIBE has no control over and assumes no responsibility for any third-party websites’ content, privacy policies, or practices.
1.13 In addition, GREEN GARDEN TRIBE will not and cannot censor or edit any third-party site content. By using the service, you expressly acknowledge and agree that GREEN GARDEN TRIBE shall not be responsible for any damages, claims, or other liability arising from or related to your use of any third-party website.
1.14 The User(s) understands and has become familiar with all technical requirements necessary to use these services and products and has no objections in respect thereof. The User is aware of risks and threats connected with electronic data transmission and accepts these risks.
2. Description of Services – AFFILIATED SITES
2.1 Green Garden Tribe has no control over and no liability for any third-party websites or materials. Green Garden Tribe works with several partners and affiliates whose Internet sites may be linked with the site.
2.2 Because neither Green Garden Tribe nor the Site has control over the content and performance of these partner and affiliate sites, Green Garden Tribe makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Green Garden Tribe assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
2.4 AFFILIATE LINKS: We receive commissions when you click on our links and make a purchase. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced.
2.5 OBTAIN INDEPENDENT PROFESSIONAL ADVICE: Results may vary depending on your starting point, goals, and effort. Therefore, no guarantee for exact or specific results is made. Always obtain advice from a professionally qualified person depending on your own needs. We shall not be liable for any loss or damage allegedly arising from our website’s information or suggestions.
6. Copyright, Intellectual Property, and other Rights
6.1 All intellectual property on this website/blog, unless indicated otherwise, including but not limited to; copyright, content, trademarks, domain names, software, source code, meta tags, text, the service, and hyperlinks, is owned by GREEN GARDEN TRIBE and or its affiliates and or third-party owners. It is as such protected from infringement by domestic and international legislation and treaties.
6.2 Unauthorised use of any or all of the intellectual property on this website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto, is strictly prohibited.
6.3 User(s), when subscribing, agrees that GREEN GARDEN TRIBE may use their name, trademarks, service marks, and logo’s etcetera in any of GREEN GARDEN TRIBE’S marketing or promotional materials and as part of the application.
7. Prohibited Activities
7.1 Users may not use any automated retrieval robot, screen scraper, or similar technology to obtain information or alter information on this application. Users are prohibited to attempt any violation of the security of this website / Application and or the server and computer network that support this application.
7.2 Any violations may result in civil or criminal liability by the User.
7.3 GREEN GARDEN TRIBE grants to the User, and subject to these terms, a non- exclusive, non-transferable, limited, and revocable right to access and use this application for commercial purposes only. These rights must be used only per their purpose, application, and their general characteristics. Any unauthorized use terminates this license, and the User (s) may be held responsible for any damages suffered by GREEN GARDEN TRIBE.
7.4 The User will not publish or upload onto the GREEN GARDEN TRIBE website or social media sites any material which is unlawful, deceptive, misleading, defamatory, pornographic, obscene, hateful, criminal and malicious, or that which would violate any Party’s rights. Users are not allowed to use words, which may be offensive to the general public. GREEN GARDEN TRIBE may, at its sole discretion, decide whether any information published or uploaded is in breach of the above and reserves the right to delete or remove any material or information deemed by GREEN GARDEN TRIBE to violate these Terms of the Law. GREEN GARDEN TRIBE will make no refunds in such cases.
7.5 GREEN GARDEN TRIBE reserves the right, but not the obligation, to monitor the site, at any given time and without warning, for any violations of these Terms. Should GREEN GARDEN TRIBE find, at its own discretion, any material or activity contrary to these terms, GREEN GARDEN TRIBE is fully entitled in its own rights to the remedies available to it made available by these terms?
8. Legal Jurisdiction
8.1 This Website is controlled, operated and administered by GREEN GARDEN TRIBE from its offices within the Republic of South Africa. This agreement shall be governed by and construed according to South African laws, and any dispute arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the South African Courts in terms of GREEN GARDEN TRIBE’S registered address.
8.2 Users agree to waive all defenses or objections to such jurisdiction and venue.
8.3 If any of the provisions of these terms are found by a Court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of these Terms and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between GREEN GARDEN TRIBE and the User (s) regarding the use of this website and any other media form, media channel, mobile website, or mobile application related linked, or otherwise connected thereto.
12. GREEN GARDEN TRIBE Liability
12.1 The User(s) indemnifies and holds GREEN GARDEN TRIBE, its officers, subsidiaries, affiliates, successors, assigns, directors, members, agents, service providers, suppliers, and employees, harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, injury and expenses (including but not limited to attorneys’ fees) which may be sustained as a result of using the services and or products. The site is provided ‘as is’ and “as available” with no warranties, and the use of the site or use of advertised products is at the User’s own risk.
12.3 User(s) shall defend, indemnify and hold GREEN GARDEN TRIBE harmless from and against any and all third-party claims, causes of action, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with their use of the services or products of GREEN GARDEN TRIBE.
13.1 Should a dispute arise between the User (s) and GREEN GARDEN TRIBE as a direct or indirect consequence of the above Terms, to expedite resolution, the User(s) and GREEN GARDEN TRIBE agree to enter into a process of negotiations between themselves before taking any further steps. Should these negotiations fail, the Parties then agree to undergo mediation to settle any dispute. The Mediation proceedings shall be conducted by a South African Accredited Mediator who is a qualified practicing Attorney or Advocate with a minimum of 5 years’ experience.
13.2 The User(s) and GREEN GARDEN TRIBE both agree to cooperate to the extent required from them to conduct fruitful negotiations, failing which to the extent so required by the appointed Mediator.
Domicilium citandi et executandi address:
Naartjie Projects (Pty) (Ltd) trading as www.GreenGardenTribe.com Registration Number: 2015/406765/07 Director: MJ Vermaak
Office 3, 368 Oak Avenue, Ferndale, Randburg, South Africa, 2194 Email: [email protected]
A copy of the SCT Act is available at www.internet.org.za/ect_act.html