Disclaimer

www.desertfruit.com.na is a site operated by Desert Fruit (Pty) Ltd (“DF” / “we”).

DF is registered in the Republic of Namibia under registration number 2005/283 and has its registered office at Bougain Villas, 78 Sam Nujoma Drive, Windhoek, Namibia. Our main trading address is Farm Eagles Rest no 475, Karas Region, Southern Namibia.

To contact us, please email admin@desertfuit.net or telephone our customer service line on +27 54 030 0014.

By using this website you accept the following terms and conditions, and agree to comply with them. If you do not agree to these terms and conditions, you must not use our site.

We recommend that you print a copy of these terms and conditions for future reference.

We may amend these terms and conditions from time to time. Every time you wish to use our site, please check these terms and conditions to ensure that you understand the terms and conditions that apply at that time. These terms and conditions were last updated on 14 February 2020.

If you purchase goods from our site, our terms and conditions of supply will apply to the sales.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

– in any way that breaches any applicable local, national or international law or regulation;

– in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

– for the purpose of harming or attempting to harm other persons in any way;

– to send, knowingly receive, upload, download, use or re-use any material published on our site;

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

– to 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 code designed to adversely affect the operation of any computer software or hardware.

You also agree:

– not to reproduce, duplicate, copy or re-sell any part of our site or the documents available for download herein;

– not to access without authority, interfere with, damage or disrupt:

o any part of our site;

o any equipment or network on which our site is stored;

o any software used in the provision of our site; or

o any equipment or network or software owned or used by any third party in respect of our site.

Use of Material

We are the owner or the licensee of all intellectual property rights contained in our site, and in the material published on it (whether registered or not). All such rights are strictly reserved.

You may print off one copy of the applicable documents from our site for your personal use only and you must not use any part of the content on our site for commercial purposes.

You must not modify the paper or digital copies of any documents or materials you have printed off or downloaded in any way, and you must not use any illustrations or photographs or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information on this Site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Websites We Link To

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Loss or Damage

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, delict / tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

– your use of, or inability to use, our site; or

– your use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

– loss of profits, sales, business, or revenue;

– business interruption;

– loss of anticipated savings;

– loss of business opportunity, goodwill or reputation; or

– any indirect or consequential loss or damage.

Different limitations and exclusions of liability will apply to our liability arising as a result of the sale of any goods to you, which will be set out in our terms and conditions of supply.

Personal Information

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited right to use, store and copy that content and to distribute and make it available to third parties (to the extent necessary) for purposes of delivering the required services and/or selling the required goods to you.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Breach

When we consider that a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms and conditions constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in us taking all or any remedy available to us in law, including requiring the immediate, temporary or permanent withdrawal of your right to use our site.

All costs incurred by us in taking the necessary legal action in this regard shall be for your account (including attorney own client costs).

Please note that these terms and conditions, its subject matter and its formation are governed by the laws of the Republic of Namibia. You and DF both agree that the courts of Namibia will have exclusive jurisdiction over any and all claims and/or disputes arising from these terms and conditions including your use of the site.