Terms of service
WEBSITE TERMS AND CONDITIONS OF USE AND COOKIE POLICY
WEBSITE TERMS AND CONDITIONS
TABLE OF CONTENTS
1 INTRODUCTION 1
2 REGISTRATION AND USE OF THE WEBSITE 2
3 CONTENT OF THE WEBSITE 2
4 LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT 3
5 USAGE RESTRICTIONS 3
6 CONCLUSION OF SALES AND AVAILABILITY OF STOCK 4
7 PAYMENT 5
8 GIFT VOUCHERS AND COUPONS 6
9 STORE OUTLET COUNTRY AND TRANSACTION CURRENCY 6
10 DELIVERY OF PRODUCTS 7
11 SECURITY 7
12 INTELLECTUAL PROPERTY RIGHTS 7
13 RISK, LIMITATION OF LIABILITY AND INDEMNITY 8
14 HOTBAKE PRIVACY 10
15 WHEN AND WHERE DO WE USE COOKIES? 10
16 ELECTRONIC COMMUNICATIONS 11
17 COMPLIANCE WITH SECTION 43(1) OF ECT ACT 11
18 COMPLIANCE WITH LAWS 11
19 NOTICES 11
20 DISCLAIMER 12
21 EXPORT RESTRICTION 12
22 GENERAL CLAUSES 12
23 LAST MODIFIED 13
1 INTRODUCTION
1.1 This document sets out the terms and conditions (“Terms and Conditions”) of Hotbake Systems Proprietary Limited t/a Hotbake with registration number 1969/014691/07 ("the Company" and/or "Hotbake") governing the access and use of the information, products, services, ordering, sale and delivery of products and in general the use of and functions provided on www.hotbake.co.za (“Website”).
1.2 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website in addition to clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3 Should any person that accesses the Website disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.
1.4 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. You must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions before purchasing any products or services.
1.5 Hotbake permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
1.6 Hotbake reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by Hotbake from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.
1.7 If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible. Our contact details are customerservice@hotbake.co.za/ +27 (0)11 429 4118. Please note that calls to us may be monitored for training, security and quality assurance purposes.
2 REGISTRATION AND USE OF THE WEBSITE
2.1 You will be required to create a customer profile or otherwise known as an account when you order products on the Website. This will enable us to provide you with order notifications, while at the same time allow you to review purchases.
2.2 To register as a user, you must provide an email address and password and provide certain information and personal details to Hotbake. You will need to use your unique username and password to access the Website in order to purchase products.
2.3 You agree and warrant that your email address and password shall be kept secure and will not be disclosed by you to any third party.
2.4 For security purposes you agree to enter the correct email address and password whenever you order products, failing which access to purchase products on the Website may be denied.
2.5 You agree that, once the correct email address and password relating to your account have been entered, irrespective of whether the use of the email address and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
2.6 You agree to notify Hotbake immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your email address and password and to take steps to mitigate any resultant loss or harm.
3 CONTENT OF THE WEBSITE
3.1 The Website enables you to shop online for an extensive range of frozen products including toppings, icings, culinary solutions, desserts, bakery finishes, breads and rolls, pizza's and wraps, and more (“products”).
3.2 Hotbake reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
3.3 Hotbake reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
3.4 Hotbake may use the services of third parties to provide information on the Website. Hotbake has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Hotbake and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
3.5 Hotbake makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation
3.5.1 Hotbake does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;
3.5.2 whilst Hotbake has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
3.5.3 whilst Hotbake has taken reasonable measures to ensure that the content of the Website is accurate and complete, Hotbake makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Hotbake’s representatives, Hotbake shall not be bound thereby.
4 LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
4.1 Hotbake may provide links to third party websites on the Website from time-to-time. Should Hotbake provide such links, these links are provided to the user for convenience purposes only and Hotbake does not endorse, nor does the inclusion of any link imply Hotbake’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
4.2 While Hotbake will aim to provide links only to reputable websites or online partners, Hotbake cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Hotbake. Hotbake is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
4.3 You agree that Hotbake shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
5 USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party
5.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms and Conditions;
5.2 decompile, disassemble or reverse engineer any portion of the Website;
5.3 write and/or develop any derivative of the Website or any other software program based on the Website;
5.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Hotbake;
5.5 remove any identification, trademark, copyright or other notices from the Website; and/or
5.6 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
6 CONCLUSION OF SALES AND AVAILABILITY OF STOCK
6.1 Users may place orders for products, which Hotbake may accept or reject. Whether or not Hotbake accepts an order depends on the availability of products, correctness of the information relating to the products (including without limitation the price) and receipt of payment or payment authorisation by Hotbake for the products.
6.2 Hotbake will indicate the acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Hotbake come into effect (the “Sale”). This is regardless of any communication from Hotbake stating that your order or payment has been confirmed. Hotbake will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3 Subject to what is contained in our Returns Policy, prior to delivery or your collection of the products, you may cancel an order at any time provided you do so before receiving a dispatch, delivery or collection notice. After delivery or your collection of the products, you may return the products only in accordance with the Returns Policy. We may charge a fee equal to the going rate your area for delivery costs. We may also charge a reasonable fee pre-inspection costs incurred by us.
6.4 Placing products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Hotbake liable if such products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
6.5 You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. In the case of products for sale by Hotbake, Hotbake will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. All products on special or sales will be available for a limited time only and will be dependent on the availability of stock. We cannot guarantee the availability of stock. When products are no longer available after you have placed an order, Hotbake will notify you and you will be entitled to a refund of any amount already paid by you for such products.
7 PAYMENT
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 Payment can be made for products via –
7.2.1 debit card (Visa or MasterCard only);
7.2.2 credit card (Visa or MasterCard only) where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.2.3 direct bank deposit or electronic funds transfer if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Hotbake will not accept your order if payment has not been received;
7.2.4 Instant EFT;
7.2.5 Zapper; and
7.2.6 MoMo Pay.
7.3 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the products.
7.4 We do not cater for a cash on delivery payment option.
8 GIFT VOUCHERS AND COUPONS
8.1 We offer 2 (two) types of Coupons –
8.1.1 a Coupon with a fixed amount of a discount, e.g. R100 off ("Fixed Coupon"); and
8.1.2 a Coupon with a percentage discount, e.g. 10% off ("Percentage Coupon").
8.2 Where you have used a Fixed Coupon to pay for an order, and you or Hotbake later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Hotbake may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
8.3 Where you have used a Percentage Coupon to pay for an order, and you or Hotbake later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Hotbake may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
8.4 Wherever you have used a gift voucher to purchase a product that you later return for a refund in accordance with the Returns Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the gift voucher, but we will issues you with a new gift card to the same value.
9 STORE OUTLET COUNTRY AND TRANSACTION CURRENCY
9.1 The store outlet country of Hotbake at the time of presenting payment options to you is South Africa. The transaction currency is South African Rand (ZAR).
9.2 The offering on this Website is available to South African clients only.
10 DELIVERY OF PRODUCTS
10.1 Hotbake offers 2 (two) methods of delivery of products to you, subject to availability and product dependability. You may elect delivery via
10.1.1 courier; or
10.1.2 self-collection.
10.2 Hotbake will deliver the products to you as soon as reasonably possible, but no later than 48 (forty eight) hours of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the products during the Delivery Period. You may then, within 24 (twenty four) hours of receiving such notification elect whether or not to cancel your order for the products. If you elect to cancel your order, we will reimburse you for the purchase price.
10.3 Hotbake’s obligation to deliver a product to you is fulfilled when we, or our appointed courier, deliver the product to the physical address nominated by you for delivery of the order, or upon your collection of the product. Hotbake is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you, or post your collection of the product.
11 SECURITY
11.1 In order to ensure the security and reliable operation of the services to all Hotbake’s users, Hotbake hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
11.2 You may not utilise the Website in any manner which may compromise the security of Hotbake’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Hotbake suffer any damage or loss, civil damages shall be claimed by Hotbake against the user.
11.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Hotbake and its affiliates, agents and/or partners.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 For the purpose of this clause, “intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Hotbake, now or in the future, including without limitation, Hotbake’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
12.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Hotbake and as such are protected from infringement by local and international legislation and treaties.
12.3 By submitting reviews, comments and/or any other content (other than your personal information) to Hotbake for posting on the Website, you automatically grant Hotbake and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
12.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
12.5 Except with Hotbake’s express written permission, no proprietary material from this Website may be copied or retransmitted.
12.6 Irrespective of the existence of copyright, the user acknowledges that Hotbake is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
12.7 Hotbake authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
13 RISK, LIMITATION OF LIABILITY AND INDEMNITY
13.1 The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
13.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Hotbake be liable for any loss, harm, or damage suffered by the user as a result thereof. Hotbake reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Hotbake deem it necessary.
13.3 To the extent permissible by law
13.3.1 Neither Hotbake, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked Website, even if Hotbake knows or should reasonably have known or is expressly advised thereof.
13.3.2 The liability of Hotbake for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Hotbake rectifying the malfunction, within a reasonable time and free of charge, provided that Hotbake is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of Hotbake. However in no event shall Hotbake be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
13.3.3 You hereby unconditionally and irrevocably indemnify Hotbake and agree to hold Hotbake free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Hotbake or instituted against Hotbake as a direct or indirect result of
13.3.3.1 your use of the Website and/or any linked third party website;
13.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Hotbake;
13.3.3.3 your failure to comply with any of the terms or any other requirements which Hotbake may impose from time to time;
13.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
13.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Hotbake.
13.4 Hotbake makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against Hotbake for any LOSS suffered by you, as a result of information supplied by Hotbake being incorrect, incomplete or inaccurate.
14 HOTBAKE PRIVACY
14.1 Hotbake takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with the Hotbake Privacy Policy.
14.2 Hotbake respects your privacy and is committed to protect your privacy with a view to offer the best and most enHotbakeing experience to you for both in-store purchases and purchases on our Website. The processing of your personal information is done in accordance with our Privacy Policy.
14.3 You expressly consent to us collecting and processing your personal information when you create a customer profile on this Website and use our services.
15 WHEN AND WHERE DO WE USE COOKIES?
15.1 This Website makes use of cookies to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable cookies, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
15.2 To opt out of cookies, kindly activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.
15.3 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.
15.4 To view our cookies policy, please click here.
16 ELECTRONIC COMMUNICATIONS
When you visit the Website and opt-in to join our database, you consent to receiving communications from us electronically in accordance with our Privacy Policy.
17 COMPLIANCE WITH SECTION 43(1) OF ECT ACT
17.1 In compliance with section 43(1) of the ECT Act, the following is noted
17.2 Full name Hotbake Systems Proprietary Limited.
17.3 Registration number – 1969/014691/07.
17.4 Physical address – 77 Earp Street Ophirton, Johannesburg.
17.5 Fax number – N/A.
17.6 Telephone number +27 (0)11 429 4118.
17.7 Website address – www.hotbake.co.za
17.8 E-mail address – customerservice@hotbake.co.za
17.9 Names of office bearers – Ms Elizabeth Kobilski.
18 COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
19 NOTICES
Except as explicitly stated otherwise, any notices shall be given by email to customerservices@hotbake.co.za (in the case of Hotbake) or to the e-mail address you have provided to Hotbake (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Hotbake may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Hotbake. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms and Conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
20 DISCLAIMER
20.1 Except when explicitly stated otherwise, all products sold online through hotbake.co.za are frozen.
20.2 This Website is provided without warranties of any kind and on an “as is” basis. No expressed or implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability of fitness for a particular purpose, are provided. Information reflected and contained is for general information purposes only. The Website information does not constitute professional, technical, financial or other advice to any visitor to this site and must not be relied upon as such by any person whatsoever.
20.3 The Website attempts to ensure that the information contained herein is correct, but errors or inaccuracies may exist or the information may be incomplete, unreliable or no longer up to date. Therefore, no warranties of any nature whatsoever are given and any liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done, wholly or partly in reliance upon the whole or any part hereof, are disclaimed, including and without limitation, any contractual, delictual, direct, consequential or financial damages or losses.
20.4 The use of the Website is at the visitors own risk. On no account will any person or entity involved in creating, producing or distributing the information and or software available on the Website be liable for any damages including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website.
21 EXPORT RESTRICTION
The offering on this Website is available to South African clients only.
22 GENERAL CLAUSES
22.1 These Terms and Conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
22.2 This Website is controlled, operated and administered by Hotbake from its offices within the Republic of South Africa. Hotbake makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
22.3 Hotbake does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors (such as maintenance of the Website) and some which are outside of our control.
22.4 If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and Conditions and the remaining provisions shall be enforced to the full extent of the law.
22.5 Hotbake’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
22.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms and Conditions to any third party without the prior written consent of Hotbake.
22.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
22.8 The head notes to the paragraphs to these Terms and Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
22.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
22.10 These Terms and Conditions set forth the entire understanding and agreement between Hotbake and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in these Terms and Conditions.
23 LAST MODIFIED
COOKIES POLICY
COOKIES POLICY
1 INTRODUCTION
To improve our Website for all users, we use "cookies" and similar technologies ("cookies") to understand the user's individual interests using the identified device.
2 WHAT ARE COOKIES
2.1 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools.
2.2 If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited
3 WHICH COOKIES DO WE USE
There are four types of cookies that Hotbake utilises, each providing different functionality. These are –
3.1 Essential Cookies: Help make our website usable by enabling basic functions like navigation, login and access to secure areas of the website. Our website cannot function without these cookies.
3.2 Functionality Cookies: Enable us to remember information that changes the way the website behaves, for example your preferred language.
3.3 Performance Cookies: Help us to understand how visitors interact with our Website by collecting and reporting information anonymously. These cookies also help us provide accurate reading statistics.
3.4 Advertising Cookies: These are used to track visitors across websites. The intention is to display ads that are relevant.
4 OPTING OUT
To opt out of cookies, kindly activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.
5 THIRD PARTIES
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.
6 LAST MODIFIED
Last modified March 2021.