LANCEWOOD® Terms of Use

Effective Date: 01/06/2017

Welcome to LANCEWOOD's® website at https://www.lancewood.co.za ("our website/s" or "the LANCEWOOD® website/s"). We want you to fully understand your rights and our rights relating to your use of the website and the provisions of the Services (defined below) and ask that you please take a moment to read these terms carefully.

USER'S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

The LANCEWOOD® websites, the LANCEWOOD® Content (defined below), related applications (if any) and all related services offered, including without limitation the provision of information on Products (defined below) and the distribution of a LANCEWOOD® newsletter (hereinafter collectively referred to as "the Services") are made available to you by LANCEWOOD® (defined below) subject to these terms of use.

These Terms of Use ("TOU" or "the Agreement") and the User Policies (defined below) form an agreement between yourself and LANCEWOOD® (defined below), with regard to your use of the Services. The TOU are thus to be read together with, amongst others, our Privacy Policy set out at https://www.lancewood.co.za ("Privacy Policy").

BY ACCESSING, BROWSING, OR USING THE SERVICES (INCLUDING WITHOUT LIMITATION UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES), OR BY SIGNING UP AND CREATING AN ACCOUNT, YOU AGREE TO AND ACCEPT THESE TOU (AS UPDATED FROM TIME TO TIME).

ACCEPTANCE OF THE TOU MEANS THAT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY IT. Any breach of your obligations under the TOU may result in action being taken against you. Acceptance of the TOU also means that you:

a) AGREE TO BE BOUND BY ALL OTHER POLICIES PUBLISHED ON THE LANCEWOOD® WEBSITE FROM TIME TO TIME, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY (HEREINAFTER COLLECTIVELY REFERRED TO AS "THE USER POLICIES"), WHICH SHALL BE DEEMED TO BE INCORPORATED INTO THESE TOU;

b) recognise that where your subscription to the LANCEWOOD® website is obtained on your behalf by a Third Party (such as your employer), both yourself (personally) and your employer may be held liable jointly or separately for any breach of this agreement; and

c) if you use the Services on behalf of a company or entity, you herewith warrant that you have the authority to bind such company or entity to these TOU. If you do not have such authority, you may not use the Services. Depending on the context, references in these TOU to "you" are references to you as the user in your personal capacity or to the entity or company on whose behalf you are using the Services.

IF YOU DO NOT AGREE WITH THESE TOU OR ANY OTHER POLICIES, YOU MUST NOT ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TOU, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SERVICES FOR ANY PURPOSE WHATSOEVER.

1. IMPORTANT PROVISIONS

1.1 The TOU contain provisions which limit our exposure to risk and legal liability as well as provisions which constitutes an assumption of risk or liability on your part, including indemnification provisions and acknowledgement of facts by you by virtue of your agreement to these TOU. Certain of these provisions appear in CAPITAL LETTERS below.

1.2 The Content (defined below) available through the Service are made available to you for limited uses. Certain of these provisions appear in CAPITAL LETTERS below.

1.3 It is therefore important that you familiarise yourself with these provisions before you use the Service or the Content.

1.4 If you are not yet 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our TOU prior to you using our Services. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.

2. OWNER OF THE WEBSITE

The website is owned by LANCEWOOD® HOLDINGS, a division of Libstar Operations (Pty) Ltd, a company registered in the Republic of South Africa with registration number 2014/062496/07, which as its registered address at PO Box 9998, George 6530, South Africa and its physical address at 11 Ruby Cres, Tamsui Industria, George, 6529 ("LANCEWOOD®").

2.1 All rights and benefits afforded to LANCEWOOD® in these TOU shall be applicable to LANCEWOOD® and all of its subsidiaries and any company which is its holding company or a subsidiary of such holding company whether or not such subsidiary or holding company is incorporated in the Republic of South Africa (hereinafter collectively referred to as the "LANCEWOOD® Group Companies").

3. UPDATING THE TOU

3.1 LANCEWOOD® may replace, change, modify, add to or remove portions or the whole of the TOU. Any such changes to the TOU will become effective when the changes are posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance of the amended TOU.

4. SERVICES, REGISTRATION AND ACCOUNTS

4.1 Our Services are focused on providing you with information about the LANCEWOOD® Products (defined below) as well as information ancillary thereto. ACCORDINGLY LANCEWOOD® LICENSES YOU TO VIEW, DOWNLOAD, AND PRINT THE CONTENT (DEFINED BELOW) PROVIDED THAT SUCH CONTENT IS USED FOR PERSONAL, EDUCATIONAL, AND/OR NON-COMMERCIAL PURPOSES ONLY.

4.2 The Services, including our information (such as data, text, software, sound, photographs, graphics, video, messages, posts, tags or other images or materials) to which you may have access to as part of, or through, your use of the Services ('the Content") are intended for informational purposes only. We are not involved in the online sale and purchase of any goods and/or services. No monetary payment to us is required to access the Services.

4.3 This website contains information about products produced by LANCEWOOD® ('the Products") that may be available under different trademarks in different countries and may be subject to sale or use with different restrictions and indications in different countries. The website also contains references to products not produced by us ("the Non-LANCEWOOD® Products"). These references can, for instance, be found in the recipes on our website from time to time. We do not distribute or endorse and Non-LANCEWOOD® Products and our display of, or reference to such products, shall not be construed as any form of endorsement thereof. LANCEWOOD® DO NOT GUARANTEE THE ACCURACY OR CORRECTNESS OF ANY TECHNICAL, SCIENTIFIC, OR OTHER INFORMATION REGARDING THE PRODUCTS (OR THE NON-LANCEWOOD® PRODUCTS) OR ANY OTHER CONTENT AND THE USE OF SUCH INFORMATION BY YOU IS ENTIRELY AT YOUR OWN RISK AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WHICH YOU MAY HAVE AGAINST US, AND INDEMNIFY US AGAINST ANY AND ALL CLAIMS FROM THIRD PARTIES, ARISING FROM THE USE OF SUCH INFORMATION.

4.4 To access and use certain of the Services, you will be required to use an account and password that can be obtained by completing the online registration process. Registration is free. You will be required to enter your username and password every time you want to use one of our subscription services. You agree that all of the data or information which you provide to us about yourself will be true, accurate and current information ("Personal Information") and you undertake to promptly update your Personal Information should it change. LANCEWOOD® reserves the right to suspend or terminate your account/subscription and refuse you current or future use of the Services if you provide Personal Information which is inaccurate or not current or if LANCEWOOD® has reasonable grounds to suspect that such information is inaccurate or not current.

4.5 You agree that LANCEWOOD® may use your Personal Information to provide Services for which you have expressed interest and as otherwise set forth in these TOU and the Privacy Policy. By accepting these TOU you also herewith grant LANCEWOOD® the right to use this data to send you targeted emails and notifications advertising the Products and ancillary Non-LANCEWOOD® Products.

4.6 You are solely responsible for maintaining the confidentiality of your password associated with your account and for restricting access to your password, your computer and/or mobile and/or other electronic device while logged into the Services. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR FROM YOUR COMPUTER AND/OR MOBILE AND/OR OTHER ELECTRONIC DEVICES.

4.7 LANCEWOOD® endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, or the Personal Information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OR YOUR ACCOUNT OR PASSWORD, OR ANY OTHER BREACH OF SECURITY, AND TO ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION.

4.8 You may register for or log-in to your account via a Third-Party network, such as Facebook or Google. If you do so, you hereby authorize LANCEWOOD® to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. IN THE EVENT THAT YOU CONNECT YOUR ACCOUNT TO A THIRD-PARTY NETWORK AS SUCH, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY.

4.9 By visiting https://lancewood.co.za you may:

4.9.1 deactivate your account;

4.9.2 opt out of Services which you have accepted, such as receiving our newsletter by email.

You may request deletion of your Personal Information by contacting us at feedback@lancewood.co.za . Please see our Privacy Policy with regard to the consequences of de- activating your account.

5. ACCEPTABLE USE POLICY

5.1 YOU MAY ONLY USE THE SERVICES IF YOU DO SO IN ACCORDANCE WITH THE TOU AND IF YOUR ACCESS HAS NOT BEEN REMOVED, CANCELLED OR SUSPENDED BY OR ON BEHALF OF LANCEWOOD.

5.2 THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. YOU MAY NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER OR SELL FOR ANY COMMERCIAL PURPOSES ANY PORTION OF THE SERVICES, USE OF THE SERVICES OR ACCESS TO CONTENT. YOU MAY NOT USE THE SERVICE, OR ASSIST OR ENCOURAGE ANY OTHER PARTY, TO ENGAGE IN ANY OF THE FOLLOWING PROHIBITED USES:

5.2.1 actions which are unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.2.2 actions with the purpose of harming or attempting to harm minors or any other person in any way;

5.2.3 actions which in any way breaches or infringes any other person's right to respect for their private or family life, right to prohibition from discrimination or data protection rights in terms of the Protection of Personal Information Act 4 of 2013 ("POPI");

5.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards and / or other restrictions;

5.2.5 to transmit or procure the sending of any unsolicited advertising or promotional material or any other form of similar solicitation (spam); or

5.2.6 knowingly transmit any data, send or upload any material that contains viruses, Trojan Horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer codes designed to adversely affect the operation of any computer software or hardware.

5.2.7 removing any copyright, trademark or other proprietary rights notices contained in or on the Services;

5.2.8 uploading content or other data to the Services which is:

5.2.8.1 defamatory of any person;

5.2.8.2 obscene, offensive, hateful or inflammatory;

5.2.8.3 promote sexually explicit material, violence or any illegal activity;

5.2.8.4 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.2.8.5 promote hate crimes or xenophobia;

5.2.8.6 infringe any copyright, database right, trade mark or other intellectual property right of any other person;

5.2.8.7 be likely to deceive any other person;

5.2.8.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.2.8.9 be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;

5.2.8.10 be likely to harass, upset, embarrass, alarm or annoy any other person;

5.2.8.11 be used to impersonate another person, or to misrepresent your identity or affiliation with any other person;

5.2.8.12 give the impression that they emanate from LANCEWOOD®, if this is not the case; or

5.2.8.13 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5.3 Your right to use the LANCEWOOD® Services may be terminated immediately, at any time and without notice to you if you carry out any act in breach of the TOU or any of the User Polices. Any such action may result in the immediate deletion of any Personal Information (in terms of POPI), or the individual appointed by LANCEWOOD® to carry out administrative and managerial tasks that control the access and usage by yourself and other of the LANCEWOOD® Services ('the Administrator'), being able to access and use your Personal Information as more fully set out in the Privacy Policy.

5.4 You also agree (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties or as expressly provided for in the TOU):

5.4.1 NOT TO ATTEMPT TO COPY, MODIFY, DUPLICATE, CREATE DERIVATIVE WORKS FROM, FRAME, MIRROR, REPUBLISH, DOWNLOAD, DISPLAY, TRANSMIT OR DISTRIBUTE ALL OR ANY PORTION OF THE SOFTWARE AND / OR DOCUMENTATION (AS APPLICABLE) MADE AVAILABLE THROUGH THE LANCEWOOD® WEBSITE AND SERVICES IN ANY FORM OR MEDIA OR BY ANY OTHER MEANS;

5.4.2 NOT TO ATTEMPT TO REVERSE COMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE REDUCE TO HUMAN-PERCEIVABLE FORM ALL OR ANY PART OF THE SOFTWARE MADE AVAILABLE THROUGH THE LANCEWOOD® WEBSITE OR SERVICES; AND

5.4.3 NOT TO ACCESS, WITHOUT AUTHORITY, INTERFERE WITH, DAMAGE OR DISRUPT:

5.4.3.1 any part of the LANCEWOOD® Services;

5.4.3.2 any equipment or network on which the LANCEWOOD® Services is stored;

5.4.3.3 any software used in the provision of the LANCEWOOD® Services;

5.4.3.4 any equipment or network or software owned or used by any third party accessed through or in connection with the LANCEWOOD® Services;

5.4.4 LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, DISPLAY, DISCLOSE OR OTHERWISE COMMERCIALLY EXPLOIT OR OTHERWISE MAKE THE LANCEWOOD® SERVICES AVAILABLE TO ANY THIRD PARTY, OR

5.4.5 ATTEMPT TO OBTAIN, OR ASSIST THIRD PARTIES IN OBTAINING, ACCESS TO THE LANCEWOOD® SERVICES WITHOUT THEM HAVING THEIR OWN CURRENT AND VALID SUBSCRIPTION.

5.5 LANCEWOOD® will determine, in its own discretion, whether there has been a breach of these TOU through your use of the LANCEWOOD® Services. Any breach of the TOU may result in LANCEWOOD® taking all or any of the following actions:

5.5.1 immediate, temporary or permanent withdrawal of your right to use any of the LANCEWOOD® Services;

5.5.2 immediate, temporary or permanent removal of Personal Information uploaded by you to any of the LANCEWOOD® Services;

5.5.3 issuing of a warning to you;

5.5.4 legal proceedings being instituted against you, the cost of which will be for your account (on an Attorney and own Client basis); and

5.5.5 DISCLOSURE OF SUCH INFORMATION TO LAW ENFORCEMENT AUTHORITIES AS LANCEWOOD® MAY DEEM TO BE NECESSARY.

6. THIRD PARTY PROVIDERS

6.1 Any software or applications that can be accessed through our website that are not provided by or operated by LANCEWOOD® or a member of the LANCEWOOD® Group Companies ("Third Party Applications") shall be accessed or used by you subject to the following terms:

6.1.1 LANCEWOOD® does not endorse or approve any Third Party website nor the content thereof made available via the Services;

6.1.2 YOU DO SO SOLELY AT YOUR OWN RISK AND ACKNOWLEDGE AND AGREE THAT LANCEWOOD® MAKES NO REPRESENTATION OR COMMITMENT AND SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF ANY THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY LIABILITY RESULTING FROM:

6.1.2.1 the loss of any data stored, communicated to or through, created using, processed by or is in any other way dealt within whole or in part using the Third Party Applications; or

6.1.2.2 any virus or harmful material that infects your computer or network as a result of using Third Party Applications.

6.1.3 any contract entered into and any transaction completed via any Third Party website is between yourself and the relevant Third Party, and not LANCEWOOD®;

6.1.4 any acts or omissions by the provider of the Third Party Applications including any use they make of any Personal Information about you); or

6.1.5 any transactions completed, and any contract entered into by you with any third party.

6.2 LANCEWOOD® recommends that you refer to the Third Party Application provider's terms and conditions and privacy policy.

7. PROPRIETARY RIGHTS

7.1 The TOU do not grant LANCEWOOD® any Intellectual Property Rights or other rights in your Personal Information, save in the circumstances described in clause 7.4 below or where otherwise necessary for LANCEWOOD® to operate and provide the LANCEWOOD® Services.

7.2 Intellectual Property Rights means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, possessed or controlled by a party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same.

7.3 YOU ACKNOWLEDGE AND AGREE THAT LANCEWOOD® AND/OR ITS LICENSORS OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES AND THE CONTENT. Except as expressly stated herein, these TOU do not grant you any rights, whether current or future, in the following:

7.3.1 patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service or the Content; or

7.3.2 any rights to the use of the LANCEWOOD® name, trademarks, domain names or brand.

7.4 You hereby grant us a non-exclusive licence in perpetuity to do and carry out the following:

7.4.1 Anything that you request LANCEWOOD® to do and carry out through the Services;

7.4.2 Any action necessary for LANCEWOOD® to comply with its obligations in the TOU, including but not limited to the backing up of LANCEWOOD® Service and the processing of your Personal Data. This permission extends to any compliance by LANCEWOOD® under agreements entered into with any Third Party that LANCEWOOD® works with to provide your access to and use of the LANCEWOOD® Services and Content.

8. DISCLAIMER

8.1 THE LANCEWOOD® SERVICES ARE PROVIDED TO YOU FOR FREE AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. RELIANCE ON AND USE OF OUR SERVICES AND CONTENT ARE THEREFORE AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.

8.2 ACCORDINGLY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EXCLUDED FROM THESE TOU.

8.3 LANCEWOOD® DOES NOT WARRANT THAT YOUR USE OF THE LANCEWOOD® SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND YOU AGREE THAT NOTHING IN THESE IS GIVING ANY WARRANTIES OF THIS SORT.

8.4 FURTHER TO THE ABOVE AND YOU AGREE THAT LANCEWOOD® SHALL NOT BE LIABLE FOR:

8.4.1 ANY ACTIONS TAKEN BY THE ADMINISTRATOR;

8.4.2 ANY ACTIONS OF PERSONS NOT ACTING FOR OR ON BEHALF OF LANCEWOOD;

8.4.3 ANY DELETIONS OF PERSONAL INFORMATION AT ANY TIME INCLUDING BUT NOT LIMITED TO FOLLOWING THE TERMINATION OR AMENDMENT TO YOUR ACCOUNT, ANY FAILURE TO STORE ANY PERSONAL INFORMATION PROPERLY OR AT ALL OR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS USED BY YOU OR PROVIDED TO LANCEWOOD® BY YOU IN CONNECTION WITH THE SERVICES; OR

8.4.4 ANY ACTIONS TAKEN BY LANCEWOOD® AT YOUR DIRECTION.

8.5 THE TOU AND OTHER USER POLICIES SHALL NOT PREVENT LANCEWOOD® FROM ENTERING INTO SIMILAR AGREEMENTS WITH THIRD PARTIES, OR FROM INDEPENDENTLY DEVELOPING, USING, SELLING OR LICENCING DOCUMENTATION, PRODUCTS AND/OR SERVICES WHICH ARE SIMILAR TO THOSE PROVIDED UNDER THESE TOU AND/OR THE USER POLICIES.

9. INDEMNITY

9.1 YOU AGREE TO INDEMNIFY AND HOLD LANCEWOOD® AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIS PARTY SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR YOUR BREACH OF THE TOU AND USER POLICIES.

10. LIMITATION OF LIABILITY

10.1 SUBJECT TO 10.2, LANCEWOOD® SHALL NOT BE LIABLE UNDER THE TOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOSS OF ANTICIPATED INCOME, PROFITS OR CONTRACTS) IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGE OR LOSS AROSE DUE TO A BREACH OF THIS AGREEMENT, IN DELICT, OR OTHERWISE, OR WHETHER IT WAS FORESEEABLE OR KNOWN.

10.2 NOTHING IN THESE TOU EXCLUDES THE LIABILITY OF LANCEWOOD® FOR LIABILITY FOR LOSS OR DAMAGE:

10.2.1 CAUSED BY ITS FRAUD OR WILFUL MISCONDUCT;

10.2.2 CAUSED BY ITS NEGLIGENCE, IN THE EVENT OF DEATH OR PERSONAL INJURY; OR

10.2.3 WHICH, AS A MATTER OF LAW, IS NOT ALLOWED TO EXCLUDE OR LIMIT IN WHICH CASE SUCH LIABILITY WILL ONLY BE EXCLUDED OR LIMITED TO SUCH AN EXTENT AS ALLOWED BY THE APPLICABLE LAWS.

11. ENTIRE AGREEMENT, SEVERABILITY AND VARIATION

11.1 These TOU (including the other User Policies), constitute the entire Agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

11.2 Each of the parties acknowledges and agrees that in entering into these TOU it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether this person is a party to this Agreement or not) relating to the subject matter of these TOU, other than as expressly set out these TOU.

11.3 If any provision (or part thereof) of these TOU is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

11.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention and / or purpose of the parties.

11.5 You acknowledge that no terms at variance with the TOU shall be of any force and effect unless LANCEWOOD® has, in writing, expressly and unambiguously agreed that the terms so sought to be introduced by you shall apply.

11.6 Any failure by LANCEWOOD® to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provisions.

12. ASSIGNMENT

12.1 You shall not, without the prior written consent of LANCEWOOD® assign, transfer, cede, change, sub-contract or deal in any other manner with all or any of your rights or obligations under these TOU or other User Policies.

12.2 LANCEWOOD® may at any time assign, transfer, change, sub-contract or deal in any other manner with all or any of its rights or obligations under these TOU or the User Policies.

13. THIRD PARTY RIGHTS

13.1 Unless expressly stated otherwise, these TOU do not confer any other rights on any person or party (other than the parties to this TOU and, where applicable, their successors in title and permitted assigns).

14. GOVERNING LAW

14.1 This Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.

15. Consumer Goods & Services Ombud

Ombudsman

Support and questions:

We will provide support to you and answer any of your questions related to the website and our Services via the following methods:

- Email: feedback@lancewood.co.za

- Telephone: +27 86 024 6679

Our further contact details can be obtained in the "Contact" section of this website at www.lancewood.co.za.

LANCEWOOD RISE TO THE OCCASION COMPETITION - TERMS & CONDITIONS

IMPORTANT NOTICE: In terms of Section 49 of the Consumer Protection Act 86 of 2009, the Entrant's attention is specifically drawn to all the underlined clauses as well as all the clauses printed in bold which, amongst others:

(a) contain a limitation of risk or liability of the Promoter and/or the Promoter's Group;
(b) constitute an assumption of risk or liability by an Entrant;
(c) constitute an indemnification of the Promoter and/or the Promoter's Group, or
(d) is an acknowledgement of fact by an Entrant.

1. The Promoter
This Lancewood Rise to the Occasion competition (“the Competition”) is organised and conducted by LANCEWOOD HOLDINGS, a division of Libstar Operations (Pty) Ltd, with registration number 2014/062496/07 (“the Promoter”).

2. The Competition Period
From 08 January 2019 to 31 March 2019 (inclusive), midnight.

3. How to enter and disqualification of entries

3.1 Between 08 January 2019 to 31 March 2019 (inclusive), members of the public (each an “Entrant”) may enter the Competition by cooking an original and creative meal using a product produced by the Promoter and posting a picture of the meal alongside the product used to make it - (together, the “Entry”) on Facebook or Instagram using @lancewoodcheese, @mzansimagic and #LancewoodFeast. Should any of these entry criteria not be present, the entry will be disqualified.

3.2 An Entrant may submit more than one Entry. Each Entry’s recipe must be unique/different to the previous one.

3.3 Any Entries uploaded after midnight on 31 March 2019 will not be accepted. 3 lucky winners will be randomly selected by an auditor to win a private feast with Zola Nene, for the winner and 3 of the winners’ friends (a total of 4 people per prize).

4. Who is eligible to enter the Competition

4.1The competition is open to all residents of the Republic of South Africa who are
a) 18 years and older; and
b) in possession of a valid South African identity document
except for the following residents who are not eligible to participate in the Competition:

i. directors, members, partners, employees or agents of, or consultants to, the Promoter;

ii. the spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in 4.1 (c) above;

iii. marketing service providers in respect of this Competition;

iv. anyone who directly or indirectly controls, or is controlled by, the Promoter; or

v. anyone who is a supplier of goods or services in connection with the Competition.

For the avoidance of doubt this Competition is only open for entry by natural persons.

By entering the Competition, the Entrant confirms that he or she is eligible to enter the Competition in accordance with these terms and conditions (these “Terms & Conditions”) and that he or she agrees to be bound by these Terms & Conditions.

5. Selection of the Winners

5.1. 3 Winners shall be randomly selected to win one of three Prizes (as defined in clause 6 below).

5.2. Winner 1 will be randomly selected on 19 February and announced on 22 February 2018.

Winner 2 & 3 will be randomly selected on 3 April and announced on 8 April 2019.

5.3. Each of the 3 Winners which are chosen (each a “Winner” and collectively “the Winners”)

shall be notified via social media within 24 hours of the Winners being randomly selected.

5.4. The 3 Winners will have 48 hours to respond and accept their prize.

5.5. The chosen Winners shall be final and binding.

6. The Prizes

6.1 Each Winner shall win an all expenses paid private feast with Zola Nene (“the Prize”) to the maximum value of R33 000, to be hosted at a venue selected and arranged by the Promoter (The Promoter reserves the right to select a venue of their choice, in consultation with Zola Nene however the Promoter’s venue selection is final and binding), provided that:
a) each Winner makes himself or herself available on the dates proposed by the Promoter; and
b) the Prize is claimed by no later than 5 June 2019.
6.2 Each Winner shall be entitled to invite three friends to participate in their Prize.
6.3 The Prize value of R33 000 is not guaranteed. The Promoter may choose to not spend the full prize value, and only a percentage thereof, to the maximum value of R33 000.
6.4 The Prize is not transferrable to any person nominated by a Winner ('the Transferee')
6.5 The Prize may not be deferred, changed or exchanged for cash or any other item by any Winner.
6.6 All details of the prize: date and time of the feast / duration of the feast / venue / transport of the Winner and their 3 friends to and from the venue / menu / beverages and hampers shall be decided by the Promoter in conjunction with Zola Nene, however the final decision shall be made by the Promoter and will be binding.
6.7 The Prize, or parts thereof, may differ from details of the Prize (including any graphic depictions thereof), if any, shown during the promotion of the Competition as such details are only meant to be a representation of the Prize, the details of which are set out in these Terms & Conditions.

7. Further disqualification or cancellation criteria

7.1 The Promoter reserves the right to:

a) disqualify any Entrant, without notice from participating, in the Competition if such Entrant does not meet the qualification criteria set out in these Terms & Conditions or if such Entrant has provided false information or has otherwise acted unethically;
b) disqualify the Winner(s) and claim back the value of the Prize (or any part thereof), without notice, if such Winner(s) does not meet the qualification criteria set out in these Terms & Conditions or if such Winner has provided false information or has otherwise acted unethically;
c) amend these Terms & Conditions at any time and without advance/any notice;
d) modify, terminate or suspend the Competition without advance/any notice in the event of technical, legal or other difficulties reasonably beyond the Promoter’s control, in which case the Entrants/Winners hereby agree to waive any rights they may have against the Promoter in connection with the Competition;
e) to request such information as necessary to enable the Promoter to verify the identity and eligibility of any Entrant and to disqualify any Entrant who cannot provide such information; and
f) communicate with Entrants at any time during and after the Competition provided that the Entrants may at any time opt out of receiving such communication from the Promoter.

7.2 The Promoter's decision with regard to the exercise of any of its rights in this clause 7 is final. The disqualification of an Entrant for any reason as set out in these Terms and Conditions shall lead to the disqualification of all the Entries made by such an Entrant and the disqualification of a Winner shall lead to the forfeiture of the Prize back to the Promoter for a redraw/reselection.

8. Exclusion of liability

8.1. For the purposes of this clause, the “Promoter's Group" shall mean the Promoter and all of its associated companies and their respective advertising, media and PR agencies, agents, contractors and other trading partners, as well as all of the aforementioned entities' employees, directors, shareholders, members, subcontractors, agents and other representatives.

8.2 Neither the Promoter nor any entity or natural person within the Promoter’s Group shall be liable in any way whatsoever for any direct, special, indirect, or consequential damages, injuries and costs, howsoever arising, suffered by any Entrant, Winner or each Winners three friends as a direct or indirect result of or in connection with participating in the Competition or utilising the Prize (traveling to and from the feast, attending the feast or assisting Zola Nene in the preparation of food consumed at the feast).

8.3. Each Entrant hereby indemnifies and holds the Promoter and the Promoter's Group harmless against any and all claims, loss, liability, damage, costs, or expense of whatsoever nature or kind (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, fines and reasonable attorney's fees) brought by any third party, or suffered or occurred by the Promoter and/or the Promoter's Group, arising directly or indirectly from such Entrant or Winner’s or each Winner’s three friends’ participation in the Competition or utilising the Prize (traveling to and from the feast, attending the feast or assisting Zola Nene in the preparation of food consumed at the feast).

8.4. The Promoter's Group accepts no liability for:

8.3.1. injury, loss or damage incurred by the Winner(s) and their 3 friends as a result of participating in the Competition or utilising the Prize;

8.3.2. the destruction, unauthorised use or alteration of any Entry;

8.3.3. failure to receive any Entry due to technical problems; and

8.3.4. any damage to any electronic device on which a person downloads any materials related to the Competition.

Clauses 8.2, 8.3 and 8.4 shall not apply to claims, damages or loss directly or indirectly attributable to the wilful misconduct, gross negligence or fraud by the Promoter or any entity or natural person within the Promoter's Group.

9. Publicity

9.1 Except where prohibited by law, the Winners consent to the use of their names, surnames and images by the Promoter (and the Promoter’s Group) in any public forum (including any social media forum) for purposes of promoting or publicising the Competition.

9.2 Any products resulting from the participation of the Winners in any marketing activity, including without limitation any television appearance, recording, broadcasting or other form of publication (the “Marketing Materials”) shall remain the property of the Promoter and the Winners agree to assign all rights of whatsoever nature (including any copyright) in the Marketing Materials to the Promoter in perpetuity.

9.3 For the avoidance of doubt, no Entrant (including the Winners) shall be entitled to any payment or other remuneration for their participation in the Competition or any marketing activity in connection with the Competition.

10. Personal information
All personal information provided to the Promoter in terms of this Competition (including the Entrant's name and contact information) ('personal information') will be used solely by the Promoter and/or the Promoter's Group (as set out in these Terms & Conditions) both in South Africa and internationally. By participating in this Competition, the Entrants consent to the transfer, storage and processing of their personal information by the Promoter and/or the Promoter's Group for the above purposes. Such consent may be withdrawn in writing at any time. Personal information shall not be shared with other third parties for purposes other than those described above.

11. Additional Terms

11.1 All information relating to the Competition, including such information as published on promotional material, shall be subject to these Terms & Conditions, the provisions of which shall prevail in the event of any conflict with the provisions of any other Competition information.

11.2 If any provision in these Terms & Conditions is found to be illegal or unenforceable in terms of the applicable South African law, then such provision shall be disregarded (to the extent that it is so unenforceable) without affecting the validity, legality and enforceability of the remaining provisions.

11.3 The laws of the Republic of South Africa shall govern these Terms & Conditions and the Entrants agree to be subject to the exclusive jurisdiction of the South African courts.

11.4 All enquiries in connection with this Competition should be directed to the Promoter at competition@lancewood.co.za.