Terms and Conditions

1.1. Enforceability: These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

1.2. Usage: Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the Website. The Website is not intended for persons under the age of 18, and Bonne Vie does not knowingly collect personally identifiable information from users under the age of 18.

1.3. Limited liability of Bonne Vie: the user understands, acknowledges and agrees that usage of the website and reliance on the website content is at the discretion and risk of the user. Bonne Vie, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to: content, hours of availability and equipment needed for access or use of the website. Bonne Vie shall attempt to maintain the availability and accessibility of the website; however, Bonne Vie takes no responsibility for, and will not be liable for the website being temporarily unavailable or inaccessible for reasons beyond the control of Bonne Vie.

1.4. No Warranty: The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by Bonne Vie and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Bonne Vie makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Bonne Vie makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.

1.5. Indemnification of Bonne Vie: Subject to clause 1.1 above, You agreed to defend, indemnify and hold Bonne Vie, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.

1.6. Unauthorised Use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Bonne Vie or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Bonne Vie or which constitutes advertising of goods or services in the absence of written approval from Bonne Vie. Unauthorised use of this Website may give rise to Bonne Vie instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.

The caching of the Website shall only be allowed if:

1.6.1.1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;

1.6.1.2. The cached content is not modified in any manner whatsoever;

1.6.1.3. The cached content is updated at least every 12 (twelve) hours; and

1.6.1.4. The cached content is removed or updated when so required by Bonne Vie.

1.7. Third Party Website Links: Bonne Vie may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Bonne Vie does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations.

1.8. Bonne Vie’s Website Links: The Website may also contain links to other websites which are owned and run by Bonne Vie and contains, for instance, further information on the offering of goods and services Bonne Vie. These links are provided for Your convenience and for the purpose of providing additional information. Your use of the linked Bonne Vie website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website.

1.9. Forum: Bonne Vie has the right to activate or deactivate the forum to serve its business purpose. Users may participate in discussions and post announcement to a discussion forum and blog available on the Website. Users agree that content provided by them on the Forum remains the sole responsibility of the User from which such content originated. Bonne Vie does not control, monitor nor enforce editorial control over any content posted on the services it provides. Bonne Vie does, however, retain the right but not the obligation to remove any material from the Forum or Blog which it deems inappropriate, is illegal, of an infringing nature, or is the subject of a complaint.

1.9.1. Users hereby license Bonne Vie to publish, use, sub-license, distribute, amend, update and store material posted to the Forum and Blog;

1.9.2. Bonne Vie shall not be liable for any damage, loss, liability and/or harm incurred by any person if such harm resulted from a User’s posting to the Forum and Blog; and

1.9.3. Users waive all moral rights that may attach to material posted to the Forum and Blog.

1.10. Applicable Law, Jurisdiction and Arbitration:

1.10.1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.

1.10.2. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.

1.10.3. Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.

1.11. Website Intellectual Property: This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Bonne Vie and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Bonne Vie does not own specific content, or such content falls within the public domain, Bonne Vie may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to Bonne Vie’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Bonne Vie and/or such third parties as applicable.

Without limitation on the prohibitions placed on the User, the User expressly agrees not to:

1.11.1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Bonne Vie or in the case of third-party content, the owner of that content;

1.11.2. claim or convey ownership of Website content either in its entirety or otherwise;

1.11.3. modify the Website content for the purposes of reposting to other websites;

1.11.4. alter or remove any trademark, copyright or other notice from the Website content;

1.11.5. copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or

1.11.6. frame the Website or any part of the Website.

1.12. Unsolicited Commercial Communications: You agree not to collect or use any Personal Information listed on the Website, pertaining to Website: Users, contributors, members, clients and/or executives or advisors of Bonne Vie for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.

1.13. Software and Equipment: It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.

1.14. Subscription to Bonne Vie: As an ordinary User of the Website (i.e. not a Subscriber) you have read only access to the public content areas of this Website. You will have to subscribe to Bonne Vie to receive newsletters and further content including, but not limited to, marketing and promotional material. Subscription to Bonne Vie is free and on a voluntary basis and by subscribing You authorise Bonne Vie to process Your personal information specifically, but not limited to, Your email address. Your consent is effective immediately and shall endure until You revoke Your consent.