TERMS AND CONDITIONS
Here you'll find the terms and conditions for use of the Blue Marlin Seafoods website, as well as information relating to our Anti-Spam and Privacy Policies (including the maximum amount of data we would ever ever ever be interested in mining from you if we could ever in our wildest dreams afford servers that huge! Excuse us while we go have a lie-down.)
In addition, you will be able read up on intellectual property rights and copyright relating to our logos and the site, plus get the low down on our standing as regards governing law, how we handle the whole databases thing, the security setup of the site and credit card payments etc.
- This site is copyright-protected, and users may not download, view and print content from this site.
- All moral rights of Blue Marlin Seafoods and its employees/agents are reserved.
- Blue Marlin Seafoods cannot screen or edit all the content available from the linked sites and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Blue Marlin Seafoods of any content that may be offensive or illegal.
INTELLECTUAL PROPERTY RIGHTS
- All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Blue Marlin Seafoods and as such are protected from infringement by local and international legislation and treaties.
- When a user registers on or sends e-mails to Blue Marlin Seafoods or any of its affiliate companies, (hereinafter collectively referred to as Blue Marlin Seafoods), that user consents to receiving communications from Blue Marlin Seafoods electronically and agrees that all agreements, notices, disclosures and other communications sent by Blue Marlin Seafoods satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
- Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Blue Marlin Seafoods nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.
- Furthermore, Blue Marlin Seafoods makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions. Users are encouraged to report any possible malfunctions and errors to the person referred to in the copyright clause.
- This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
- Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Blue Marlin Seafoods suffers any damage or loss.
- The user agrees and warrants that its log-in name and password shall:
- be used for personal use only;
- and not be disclosed to any third party.
- The user allows Blue Marlin Seafoods to take all reasonable steps to ensure the integrity and security of the Blue Marlin Seafoods site and back-office applications.
- All credit card transactions are processed through PayPal, and subject to the security and regulations of their personal PayPal account.
CHANGES TO AGREEMENT
- Blue Marlin Seafoods may, at its sole discretion, change this agreement or any part thereof at any time without notice.
- In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Blue Marlin Seafoods, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/downloads/expedited_rules.pdf
- Blue Marlin Seafoods chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Rietfointein Road, Boksburg
- Blue Marlin Seafoods shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.workinfo.com/Free/Sub_for_legres/Data/POIDA/act2.pdf
- Blue Marlin Seafoods may electronically collect, store and use the following personal information of Users:
- name and surname
- country of residence
- closest city
- e-mail addressand
- IP address
- Blue Marlin Seafoods collects, stores and uses the abovementioned information for the following purposes:
- to greet the User when he/she accesses the Blue Marlin Seafoods web site
- subject to the User's consent, inform the User of facts relating to his/her access and use of the Blue Marlin Seafoods website
- subject to the User's consent, inform the User about competitions and special offers from Blue Marlin Seafoods and/or its partners/affiliates
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Blue Marlin Seafoods web site.
- Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
- The User may elect not to receive any communications from Blue Marlin Seafoods and/or its partners/affiliates.
- Blue Marlin Seafoods may collect, maintain, save and compile, any information collected from users, subject to the following provisions:
- Blue Marlin Seafoods shall not disclose personal information from Users unless the User consents thereto
- Blue Marlin Seafoods shall disclose information without the User's consent only through due legal process
- and Blue Marlin Seafoods may compile, use and share any information that does not relate to any specific individual.
- Blue Marlin Seafoods owns and retains all rights to non-personal statistical information collected and compiled by Blue Marlin Seafoods.