The following terms and conditions govern all use of the caloroso.co.za website and all content, services and products available at or through the website. The Website is owned and operated by Caloroso Roaster & Eatery (herein known as “Caloroso”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Caloroso (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services.
1. You agree that you are liable for purchases made through caloroso.co.za and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify Caloroso promptly should you become aware of any actual or potential compromise of your Account information so that Caloroso may take appropriate actions to safeguard Caloroso’s legal interests.
2. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which caloroso.co.za links, and that link to caloroso.co.za does not have any control over those non-Caloroso websites and webpages, and is not responsible for their contents or their use. By linking to a non-Caloroso website or webpage, Caloroso does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Caloroso disclaims any responsibility for any harm resulting from your use of non-Caloroso websites and webpages.
3. As Caloroso asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Caloroso.co.za violates your copyright, you are encouraged to notify Caloroso. Caloroso will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
4. This Agreement does not transfer from Caloroso to you or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Caloroso. Caloroso, Caloroso.co.za, the Caloroso.co.za logo, and all other trademarks, service marks, graphics and logos used in connection with Caloroso.co.za, are trademarks or registered trademarks of Caloroso or Caloroso’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Caloroso or third-party trademarks.
5. Caloroso reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Caloroso may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Caloroso may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. The Website is provided “as is”. Caloroso and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Caloroso nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
8. In no event will Caloroso, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to Caloroso. Caloroso shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. Caloroso does not store any sensitive card holder information. When you place an order with us, your information is encrypted using strong encryption and directly and securely transmitted to our card processor. Our card processor is a leader in secure payment processing, and is fully compliant with all industry standards, including PCI compliance. On subsequent orders, or in the case of subscriptions, they use the stored information to process the charge, and let us know payment has been made. Caloroso staff doesn’t have access to any sensitive card holder data at any time during an electronic purchase.
10. All items sold are sold “As is” and without warranty of any kind. Caloroso disclaims any warranty whether implied or implicit.
11. You agree to indemnify and hold harmless Caloroso, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. This Agreement constitutes the entire agreement between Caloroso and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Caloroso, or by the posting by Caloroso of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of South Africa, excluding its conflict of law provisions.