RAW GOLD FOODS (PROPRIETARY) LIMITED

ONLINE TERMS AND CONDITIONS (“Terms of Use”)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND/OR ENGAGING WITH RAW GOLD IN RESPECT OF PRODUCT ORDERS.

A User’s use of this Website shall at all times be subject to these Terms of Use, as may be amended from time to time. It is the User’s responsibility to continually stay abreast of changes to these Terms of Use.

Online terms and conditions between Raw Gold Foods (Proprietary) Limited Registration Number 2016/317688/07 and you (“the User”) (collectively referred to as “the Parties”).

Welcome to our website, www.rawgold.co.za (“the Website”). The Website is owned by Raw Gold Foods (Proprietary) Limited Registration Number 2016/317688/07 Raw Gold”) and is hosted by Hetzner (Proprietary) Limited.

Preamble

In its operation of the Website, Raw Gold manufactures premium frozen raw pet food (“the Goods”) which is for sale to independent distributors and/or to retail outlets (collectively referred to as “Dealer/s”), who conduct business within the Republic of South Africa.

Raw Gold contracts separately with each Dealer in respect of the resale of its Goods to the End-User/Consumer, and the terms and conditions herein are incorporated in those separate agreements concluded between Raw Gold and each respective Dealer.

By engaging with Raw Gold either via this Website, or email, or text message, each respective User confirms that they have read and agreed to the Terms of Use as well as the General Terms of Sale To The End-User.

Raw Gold is committed to only using meat that is from certified growth hormone-free and routine antibiotic free livestock

Further information regarding Raw Gold Goods can be found on Raw Gold’s home page www.rawgold.co.za.

1. LIMITATIONS OF LIABILITY
   1. The use of this Website is at the User’s own risk. Whilst Raw Gold endeavours to ensure that the information on this Website is accurate and complete, Raw Gold makes no warranties about the accuracy, reliability, completeness or timeliness of information published on this Website.
   2. The information on this Website is intended for general information purposes only and is not intended to serve as financial, legal or other advice.
   3. To the maximum extent possible under the applicable law, Raw Gold disclaims liability for any claim, loss, injury or damage arising out of or in connection with the use of information and/or Goods and/or services available from or through this Website, whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind.
2. NO IMPROPER USE OR UNLAWFUL CONDUCT
   1. The User hereby agrees not to use this Website for any purpose that is unlawful, improper or prohibited by these terms and conditions.
   2. Improper actions include, but are not limited to:
      1. activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
      2. activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User resides or conducts business;
      3. activities designed to encourage unlawful behaviour by others;
      4. the invasion of the privacy of a third party;
      5. racially, ethnically, or otherwise objectionable behaviour; and
      6. activities designed to impersonate the identity of a third party.
3. SECURITY
   1. In terms of section 86 of the Electronic Communications and Transaction Act 25 of 2002 “the ECT Act” the User is notified that it is a criminal offence to gain unauthorized access to any restricted areas of this Website or to otherwise interfere with the proper functioning thereof.
4. LICENCE
   1. The proprietary information on this Website may be downloaded or printed for the User’s own noncommercial use only, provided that the User does not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to Raw Gold.
   2. All rights not expressly granted in terms of these terms of use are reserved. Any use of Raw Gold’s proprietary information, otherwise than expressly authorised in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and create liability for criminal prosecution and/or civil liability.
5. PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION
   1. Raw Gold will not disclose any personally identifiable or payment-related information (collectively “personal information”) to third parties without obtaining a User’s prior consent.
6. LINKING AND FRAMING
   1. Users may not establish a link to this Website from a third party site, unless the link does not imply any association, endorsement or sponsorship by us of such website, or any products or services offered on such website; or unless the linked pages from the website are displayed without alteration of any kind.
7. AUTOMATED ACCESS
   1. Other than bona fide public search engines, Users may not access any pages in this Website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.
8. ELECTRONIC COMMUNICATIONS
   1. Any communication or material Users transmit to Raw Gold by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by Raw Gold, unless expressly agreed to in writing.
   2. Electronic communications shall only be deemed to have been received if, and when responded to in a manner, other than by way of an automated response.
   3. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorized disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst Raw Gold employs virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. Users are accordingly advised to employ their own virus scanning tools.
   4. The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.
9. ENFORCEABILITY
   1. Each provision of these Terms of Use shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms of Use shall nevertheless remain binding and continue with full force and effect.
10. JURISDICTION
    1. These Terms of Use shall be solely and exclusively governed by and construed and interpreted in accordance with the laws of Republic of South Africa. The Parties agree that the Terms of Use shall, for purposes of jurisdiction, have been concluded at our head office in Gordon’s Bay, Western Cape South Africa.
11. AMENDMENTS
    1. Raw Gold reserves the right to revise these Terms of Use at any time, with the revised terms taking effect as of the date of its posting.
    2. A certificate signed by the administrator of this Website shall be prima facie proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.

These terms make reference to sections of the Electronic Communications and Transactions Act, 25 of

2002 (hereinafter “the ECT Act”), a copy of which may be obtained at

http://www.internet.org.za/ect_act.html.