Introduction:

This website is owned and operated by Umoya Foods. When you use the Umoya Foods website to purchase any products or in any way utilise any other services offered via the Umoya Foods website, you are deemed to have read, understood and agreed to these terms as unmodified by you. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Should you not agree to these terms do not continue to use the Umoya Foods website.

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and Privacy policy. Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Umoya Foods contact and business details:

Registered Name: SCALED IMPACT NPC

Trading Name: UMOYA FOODS

Vat Number: 4540289198

Address: 37 Bath Ave, Rosebank,

Johannesburg

2196

E-Mail: info@umoyafoods.com

Telephone: 074 859 0571

Website: www.umoyafoods.com

 

Online Store Terms:

By agreeing to these Terms of Service, you represent that you are not a minor in your state or province of residence, or that you have given consent to any of your minor dependents to use the Umoya Foods website and services. You may not use our site products for any illegal or unauthorized purpose or, during service use, conduct any illegal activity (including but not limited to copyright laws). You may not use the Umoya Foods site, content or products to; solicit others to perform illegal activities, violate any local, international, federal, provincial, or state regulations, rules, laws or local ordinances; infringe upon or violate our intellectual property rights or the rights of others; to harass, abuse, insult, defame, slander, or discriminate based on gender, sexual orientation, religion, raw, age, nationality or disability; to submit false or misleading information; transmit any worms or viruses or any code of a destructive nature; to infringe on the privacy of others in any way including but not limited to collecting and tracking personal data; to spam, phish, pharm, pretext, spider, crawl, or scrape; to engage in any obscene or immoral acts; interfere with or circumvent the security features of the Umoya Foods site or any related website or the internet.  A breach or violation of any of the Terms and Conditions will result in immediate termination of the relationship between Umoya Foods and yourself and all associated services.

By using the Umoya Foods online website you agree that your use of this site and any linked pages and sites is at your own risk. Umoya Foods will not be liable for any damages of any kind arising from the use of this site including but not limited to direct, indirect, incidental, punitive and consequential damages.  Umoya Foods disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

 

Conclusion of Agreement, Protection of Personal Information Act 4 of 2013 (“POPIA” / “Act”) and ECT Act

You warrant that you have the contractual capacity to enter into this Agreement with us and that agreeing to the Terms and Conditions during the purchasing process or making use of the Umoya Food website, implies that you have accepted the Terms and Conditions and any associated terms and polices. If the Agreement is signed and accepted by a person acting in a representative capacity on your behalf, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to Umoya Foods at any time will be true, accurate and complete. You warrant that the person acting in a representative capacity is acting under your approval and that Umoya Foods will not be held liable for actions taken by this party should that not be the case. Umoya Foods reserves the right to treat all misrepresentations by you or your representative as a fraud and you indemnify Umoya Foods against any loss or damage that Umoya Foods may sustain resulting from such misrepresentation.

The provisions of the ECT Act (Electronic Communications and Transactions ACT, 2002) apply to transactions and communications  executed electronically by a natural person. It does not apply to juristic persons or paper-based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that Umoya Foods will provide you with an opportunity in respect of all electronic transactions to:
•    review the entire electronic transaction;
•    correct any mistakes; and
•    withdraw from the transaction, before finally placing the order.

Umoya Foods is in terms of section 43 of the ECT  Act required to make its contact details, its domicilia citandi et executandi and certain other information available to you when you enter into electronic transactions with Umoya Foods.

 

General terms

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Umoya Foods assures a secure online payment process. Transactions are always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Should you wish to terminate your use of the Umoya Foods Service, it is your responsibility to notify us of this at info@umoyafoods.com.  Should you fail to comply with any Terms and conditions presented in this document or associated policies we may also terminate the service at any time without notice. You will remain liable for all amounts due up to and including the date of termination. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Privacy

Please review our Privacy policy in order to understand our practice with regards to your visit to the Umoya Foods website.

 

Electronic communication

When you visit Umoya Foods or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Terms of sales and payment

Umoya Foods reserves the right to refuse, change or cancel orders based on our own discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Orders may be changed on stock limitations. Upon cancelling an order or making changes Umoya Foods will attempt to contact you using the information provided at checkout by email/phone/billing address. Orders placed by dealers, resellers or distributors may be declined or cancelled.
It is your responsibility to ensure that your payment details, billing address and contact details are correct and up to date in order for the transaction and communication to take place efficiently.

Umoya Foods presents and processes all online prices and transactions in the South African currency (rands).

Where payment is made by credit card, additional information may be required in order to verify the validity of the payment. Delivery is subject to receiving this additional information and proof of payment. If the required information is not received the order will be cancelled. Umoya Foods does not take responsibility for the individual making the purchase and interprets that all clients making payments are fully authorised to use the credit card supplied. You are also responsible for ensuring that the credit card has sufficient funds available to cover the costs incurred in the online purchase process. Online payment is enabled by Ecwid and facilitated by Payfast please visit https://www.payfast.co.za/security-fraud to review the security practices of the PayFast payment gateway. If you do not accept the requirements and processes these services offer do not continue with the purchases. Customer details are stored by Umoya Foods separately to card details. No card details are stored on the Umoya Foods website.

For payment directly to the Umoya Foods bank account, the details will be provided by email to info@umoyafoods.com.

For your full payment history you may contact us at info@umoyafoods.com. Once you have accepted these Terms and Conditions you will complete the secure payment procedure. You will receive email notifications from both Payfast and Umoya foods to confirm your order and payment.

Online account: You may wish to create an account allowing the paygate to retain your personal details for use in your future purchases. You will need a name and username to facilitate this and it is your responsibility to:

• Use your username and password for personal use only;
• Maintain the security of your username and password;
• Notify Umoya Foods in the event that your name and password are compromised.
• take ownership of all payments associated with your account whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of an Umoya Foods service;
• ensure that all users of your account understand and comply with these Terms and conditions. All acts or omissions by authorised persons using your account will be treated as your acts or omissions.
• Abstain from circumventing Umoya Foods authentication process or engage in attempts to access Umoya Foods networds where not expressly authorised to do so.
• Voluntarily subscribe to Umoya Foods password retrieval service in the event that you forget your password. This service is entirely voluntary and notification will be sent to your cell phone number or email address, depending on what you have provided. Password reminders will only be sent to details that have been provided by you. Should these details change it is your responsibility to notify Umoya Foods and update the details. Umoya Foods will not be responsible for any loss due to external parties gaining access to your password through your use of the password reminder service.

Service Delivery and  Interruptions

Umoya Foods strives to maintain its continued service and product availability to you with the highest level of security and reliability. However, we provide the service “as it” and “as available” and do not warrant or guarantee that no errors or interruptions will occur, that the products offered will not be without fault, that the service will be secure and reliable or free of viruses or conform to your delivery time and product expectations.

 

Warranties and Indemnity

The service and products delivered through the service are available without any representation, warranties or conditions of any kind, either expressed or implied, including all warranties or conditions of merchantability, merchantable quality, fitness for purpose, durability, title and non-infringement. You agree that the service and/or products may be temporarily or permanently removed for indefinite periods of time without notice to you. Your use of any Umoya Foods site, service or product is at your own risk and you warrant that you enter into this agreement willingly while providing accurate and true information where necessary. You agree to not hold Umoya Foods liable for any interruption or termination of the services offered or consequences related to the services/products offered- as described in these Terms and Conditions.

 

Disclaimer and Limitation of Liability

No Umoya Foods employee of affiliate including but not limited to directors, agents, contractors, suppliers, service providers or licensors shall be liable for any injury, damages (direct, indirect, consequential, punitive or special or any other damages), financial loss (including but not limited to data, savings, revenue, profits), or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise resulting from the use of the Umoya Foods services and/or products. Umoya Foods will not be held responsible for any losses (as listed above) associated with the use of the service or product as the result of posts, comments, product descriptions and other associated marketing content nor will Umoya Foods be held responsible for losses as the result of using the service or any content (including but not limited to posts, information, descriptions) made available through the service. To the extent permitted by applicable law, Umoya Foods shall not be liable for damages as described above however they arise. Neither party shall be liable to the other for any damages (direct, indirect, consequential, punitive or special or any other damages) arising out of or relating to this agreement whether as a result of negligence, breach or other causes.  The exclusion or limitation of liability for consequential or incidental damages is prohibited by some states or jurisdictions. In such cases Umoya Foods liability will be limited to the maximum extent permitted by the law. In such a case that a competent court or tribunal finds that Umoya Foods is liable to you for damages, the damages (however they arose) will be limited to R1000 (one thousand rand) only.

Prices of Goods and services:

Umoya Foods reserves the right to alter online product prices and cost of delivery without notice.  Umoya Foods reserves the right to alter or terminate sales or any part of the services offered without notice at any time without being held liable to you or any third-party.

 

Products and Services

1.General

The availability of products online through the website may fluctuate and Umoya Foods reserves the right to modify offerings without being held liable to client expectation. These modifications may come in the form of product discontinuation, description change, pricing change etc. and may take place without notice at any time. Products are subject to return and exchange based on our Returns Policy. All images displayed on the Umoya Foods website have been taken to display the realistic properties of the product as accurately as possible. It is important to note that the colour and dimensions of images may differ between computer monitors. Umoya Foods does not take responsibility for misinterpretation of images displayed on the website.  Umoya Foods reserves the right to limit or exclude sales of our product or service to any person, geographic location or jurisdiction and this right can be exercised on a case-by-case basis. While Umoya Foods strives for reliable and transparent customer service, we will not be held liable for products meeting your expectations with regards to the service, product, information or other elements of the experience. Umoya Foods does not guarantee that errors in service will be rectified.

 

2.Service and Product Descriptions

Umoya Foods attempts to represent all products as accurately as possible through imagery, product descriptions and associated marketing content. However, Umoya Foods does not warrant that all product descriptions or other content on the Umoya Foods website is accurate, complete, reliable, and current or error free. If the product offered by Umoya Foods does not reach you, the customer, as described, it is your sole responsibility to return it in unused condition as per our returns policy. Please contact Info@umoyafoods.com should you have any concerns with regards to any content presented on the Umoya Foods online platform(s).

Umoya Foods does not take responsibility for products meeting expectations with regards to merchantability and suitability for a particular purpose. All product descriptions are descriptive and nutritional content is based on desktop assessment and nutritional research. Umoya Foods is not liable for products not meeting client requirements.

Umoya Foods reserves the right to edit or remove any product descriptions, prices, delivery procedures, product availability and imagery without notice at any time. Umoya Foods is not obligated to correct any information presented except that which is required under law. Alterations in website design should not be taken to mean total information modification.

 

3.Reviews, comments, emails and other content

Customers may engage with Umoya Foods through social media platforms, email, comments, reviews or other means so long as the content is not in some way harmful/objectionable to third party individuals, illegal, obscene, threatening, defamatory, invasive, discriminatory, invasive of privacy, infringing on intellectual property rights, consist of or contain software viruses; political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a fake email address, impersonate any person or entity, or otherwise mislead other persons engaging with the content. Umoya Foods reserves the right to (but not the obligation  to) remove, edit or report any such content but does not review posted content and will therefore not be held liable or responsible by content posted by third parties. Umoya Foods will not be held responsible for the impact that posted content has on the product perception and impact on you to make a purchase. Umoya Foods will not be held responsible for any claims, reviews or comments made by third parties about the products and services provided which may influence your perception of the product.

If you do post content, submit material, suggest creative ideas, proposals, plans or any other material in any way (online, by email, by post mail or otherwise), and unless you indicate otherwise, you grant Umoya Foods and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Umoya Foods and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. Unless formal arrangements are made, Umoya Foods is not obligated to maintain confidence, pay compensation for, take responsibility, delete, reply to or take action against any material shared online or otherwise. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Umoya Foods or its associates for all claims resulting from content you supply.

 

4.Accuracy and reliability of information

Umoya Foods endeavours to share reliable and accurate content through all platforms including the Umoya Foods website. However, we will not be held liable for decisions made on dated, incomplete or inaccurate information. The content shared on this site is for general marketing purposes only and should not be the sole source of information when the purchasing decision is made. Umoya Foods does not claim any expertise in the fields of medicine or nutrition and dietetics, and will not be held responsible should any content be interpreted in such a way as to influence choices affecting health (both mental and physical). Any reliance on information gleaned from this site or any third-party links should be done at your own risk. Umoya Foods reserves the right to update and modify information but is under no obligation to do so. You agree that it is your responsibility to monitor changes to the Umoya Foods site.

 

Returns and Refunds Policy

The exchange of goods is subject to availability. In cases where products cannot be exchanged Umoya Foods will refund the client in full within 30 days. Umoya Foods reserves the right to request proof of failed delivery or product damage in order to validate the refund. Orders may be cancelled within the day that they are placed and cancelled orders will be subject to a 10% administration fee.

 

Third-party links

Umoya Foods may offer tools, links, content or services to/by third parties through Umoya Foods platforms including but not limited to social media, website, email or other. Third party links may be shared on Umoya Foods platforms and take you to third party websites that are not associated with Umoya Foods. Umoya Foods is not responsible for examining these third party links, terms and conditions, content or accuracy of information shared. Umoya Foods does not take responsibility for any third party material, website, services or information shared. It is your responsibility to accept the risk of following any third party links or using any third party tools that may be offered through the Umoya Foods platform. Please engage with the third-parties terms and conditions. And complaints, queries or concerns should be directed to the third party directly.

Umoya Foods is not liable for any harm, damages, unmet expectations or other effects resulting from the use of services, purchase of goods or engagement with resources associated with any third-party websites.

Umoya Foods may offer tools provided by a third-party such as (but not limited to) Ecwid https://www.ecwid.com/ and Payfast https://www.payfast.co.za/ where we have limited or no control or input into processes. You acknowledge that these tools are provided “as is” and “as available” without any warrantees, representation, or conditions of any kind and without any endorsement.  Umoya Foods is not responsible for the experience that you have with these third-party tools and it is your responsibility to evaluate the Terms and Conditions associated with these third-parties.

 

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Umoya Foods or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Umoya Foods, with copyright authorship for this collection by Umoya Foods, and protected by international copyright laws. ‘Intellectual Property Rights’ means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978.

 

Trademarks

Umoya Foods trademarks and trade dress may not be used in connection with any product or service that is not affiliated with Umoya Foods, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Umoya Foods. All other trademarks not owned by Umoya Foods or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Umoya Foods or its subsidiaries.

 

License and site access

Umoya Foods grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Umoya Foods. This license does not include: any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Umoya Foods. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Umoya Foods and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Umoya Foods name or trademarks without the express written consent of Umoya Foods. Any unauthorized use terminates the permission or license granted by Umoya Foods. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Umoya Foods so long as the link does not portray Umoya Foods, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Umoya Foods logo or other proprietary graphic or trademark as part of the link without express written permission.