Terms and conditions

Any reference to “Ocean Basket”, “The Ocean Basket Brand”, “we”, “our” or “us” includes Ocean Basket Holding (Pty) Ltd, our employees, officers, directors, representatives, subsidiaries and related entities.

(1) Introduction

(a) Any reference to “you”, “your” or “users” means the person accessing or using our website.

(b) These terms and conditions govern your access and use of our website, online applications and links for whatever purpose, which are officially authorised by the Ocean Basket Brand.

(2) Intellectual Property Rights

(a) We and/or our licensors own the intellectual property rights on this website and that of any other online applications or links and its content as well as the Ocean Basket name and marks and Ocean Basket product names, packaging and images and all of the material rights therein. Subject to the license below, all said intellectual property rights are reserved.

(3) Your personal information

(a) We collect information from you and we administer the collection, processing and storage of your personal information in accordance with POPI and our privacy policy available on our website.

(b) By your access and use of our website, associated applications and links, you disclose and submit your personal information to us and consent to us collecting, processing and storing your personal information for the purposes described in our privacy policy.

(4) License to use website, online applications and links

You may view, download (for caching purposes only), upload personal information and print pages for your domestic and personal use, subject to the restrictions below:

You may not:

(a) Republish material from this website, online applications and links (including republication to other websites or online platforms);

(b) Sell, rent or otherwise sub-license material on the website, online application and links;

(c) Reproduce, duplicate, copy or otherwise use material on our website, online applications and links for commercial purpose or use;

(d) Edit or otherwise modify any material on our website, online applications or links;

(e) Redistribute material from this website, online applications or links, (except for the content specifically and expressly made available for redistribution).

(5) Liability

(a) Whilst we endeavour to ensure that the information on this website, online applications or links are correct and we take all reasonable steps in ensuring this, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the website, online applications and links remains available or that the material used is kept up-to-date.

(b) We will not be liable in any manner whatsoever, for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, online applications or links whether arising in delict, contract or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under the terms and conditions of our website, online applications or links, whether direct or indirect and whether arising in tort, contract or otherwise.

(c) Nothing in these Terms restricts or excludes our liability in respect of any legislation or common law and matter where it would be unlawful for us to exclude or restrict our liability.

(6) Restricted access

(a) Access to certain areas of our website, online applications and links may be restricted. We reserve the right to restrict access at our discretion.

(b) If we provide you with a user ID and password to enable you to access restricted areas of our website, online application and links, or other content or services, you must ensure that the user ID and password is kept confidential. You accept responsibility to all activities that occur under your user ID and password and all activities incidental thereto.

(7) Bulletin Board / Chat Rooms / Interactive Chats / Comments

(a) You must not use our website, online applications and links in any way that causes or may cause damage or impairment of the availability or accessibility of the website, online application and links;

(b) You must not use our website, online applications and links in any way which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) You must not use our website, online applications and links for any purpose relating to marketing without our express written consent;

(d) You must not use our website, online applications and links to copy, publish or send mass mailing or spam;

(e) You must not use our website, online applications and links, to copy, publish or send material which illegal or unlawful, or material which could give to any legal action. You are to ensure that whenever you copy, publish or send material via our website, online applications and links, that such material is not defamatory, obscene indecent, hateful, discriminatory or inflammatory. It must also not infringe any person’s intellectual property rights, impinge upon any person’s privacy, or constitute incitement to commit a crime. Furthermore, the material must not be misleading, deceptive or sexually explicit.

(f) We reserve the right to edit or remove any material posted upon our website, online applications and links;

(g) In order to protect our rights in full, we may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, online applications and links, or commencing legal proceedings against you;

(h) In respect of all material that you post on our website, online applications and links, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights;

(i) We do not allow the infringement of any intellectual property rights and/or copyright on the website, online applications and links, and should we deem it necessary, we will unilaterally and at our sole discretion without notice, remove any content that is infringing on our or another’s intellectual property.

(8) Newsletters, Marketing communication and E-mail Sign Up

By entering your personal details and pressing the submitting your information on our website, online applications and links, you accept that you are giving permission to Ocean Basket to add your details to our contact database.

(a) As such this means you are giving us permission to contact you from time-to-time with relevant Ocean Basket content which may, within reason, both in terms of delivery frequency and general content, contain marketing messages and promotional material;

(b) By completing the subscription process, you consent to the fact that you have opted in to the database in accordance with the POPI and GDPR requirements;

(c) Your legitimate details will be kept under the strictest security. Ocean Basket and its appointed third-party agencies will ensure that your details will not be traded, freely given or exchanged in anyway publicly or privately;

(d) Ocean Basket and its third-party agencies and suppliers commit to using your details for communications from Ocean Basket only;

(e) Ocean Basket and its third-party agencies confirm that, to the best of their knowledge, your data will be kept secure and tamper proof in accordance with international security expectations on the privacy of personal data. We under take to ensure this is confirmed by all third-party agencies in the digital environment;

(f) If at any time you wish to unsubscribe/opt-out of the Ocean Basket database, you will be given the option to do so by either emailing the word UNSUBCRIBE to unsubscribe@oceanbasket.com or utilising the unsubscribe link or clicking on the opt-out options in accordance with POPI and GDPR requirements. Your information will be removed immediately from the database and a confirmation will be sent to you.

(g) Fake or fraudulent entry details will be immediately removed from the database.

(9) Variation

(a) We may revise these terms and conditions from time-to-time by posting a new version on our website www.oceanbasket.com.

(10) Entire Agreement

(a) These terms and conditions together with our privacy policy and disclaimer constitute the entire agreement between you and Ocean Basket in relation to your use of our website, online applications and links, and supersede all previous agreements in respect of your use of this website, online applications and links. No representations, warranties or promises are of any force or effect, unless specifically recorded herein.

(11) Law and Jurisdiction

(a) These terms and conditions will be governed by and construed in accordance with South African Law and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

(b) It is not intended that any clause/provision of the Terms contravene any provision of POPI and/or the CPA. To this effect, all clauses/provisions are to be treated as qualified to the extent necessary to ensure compliance with the provisions of POPO and/or the CPA.

(12) Indemnity

In accordance with all legislation and the common law, you agree to indemnify us and hold us harmless from and against all legal claims arising from:

(a) your use and access to our website, online applications and links;

(b) your infringement of any third party right;

(c) any claim that your content caused damage to a third party;

(d) your violation of the terms.

The obligations imposed by this clause (11) will extend beyond any termination, alteration or expiration of the Terms and your use of our website, online applications and links.