Terms and Conditions

PRIVACY POLICY

Introduction

J&M Famous Biltong respects your privacy and is committed to protecting it. This Privacy Policy is intended to inform you of our Privacy Policy and of the choices you can make about the way your information is collected online and how that information is utilized by us. Certain pages on our website have been structured so that you can access the site without identifying yourself or revealing any personal information. However, should you wish to make full use of the J&M Famous Biltong site you are required to register and provide us with personal information and accordingly we have made this notice readily available on our website.

J&M Famous Biltong has developed its privacy practices in line with the South African draft bill on the Protection of Personal Information.

Applicability
This Privacy Policy applies to the J&M Famous Biltong website only. This statement is not applicable to other related websites or blogs mentioned on the website but not specifically included in this policy.

The J&M Famous Biltong website may contain links to or from other sites (“linked sites”), including sites maintained by J&M Famous Biltong but which are not governed by this Privacy Policy. Accordingly, J&M Famous Biltong is in no way responsible for the content or the privacy and security policies employed by linked sites.

Certain services are linked with those linked sites, some which offer you the option to share with both J&M Famous Biltong and the third-party personal data you provide. However, J&M Famous Biltong will not share your personal information with those linked sites unless you make that choice.

Types of information collected
When you register on the J&M Famous Biltong website, we need to collect certain information about you in order to provide you with the services you have requested. This information may include, but is not limited to:

•    Name
•    Email Address
•    Business or Home Address
•    Contact Telephone Numbers
•    Date of Birth
•    Reason for Accessing Site
•    IP address

Once you choose to register with J&M Famous Biltong and provide us with personal information, it will be used for the purposes of providing you with the requested service and in conformity with the provisions of the Electronic Communications and Transactions Act 25/2002. We respect your privacy and undertake not to sell, rent or lease your personal information to others.

Certain non-personal information may be collected while you are using the website. This will comprise of data about usage and service operation that is not associated with a specific personal identity. J&M Famous Biltong may collect and use this non-personal information to evaluate how the J&M Famous Biltong website is being used.

Most non-personal data may be collected via cookies or other analysis technologies. The J&M Famous Biltong website pages normally use cookies for data analysis and potential personalization of the website and services offered.

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features that recognize your account as logged on and other website features. Further, to help us tailor the website to the needs and interests of our users, or for other purposes, we may gather aggregate, permanently non-personally identifiable information via cookies. Examples include the type of Internet browser our users are using, the frequency of visits to our site and which pages our users viewed. We may share these aggregate statistics with others. The use of cookies is standard on the Internet and many major websites use them.

Technologies may vary, but in many cases may involve a small file stored locally on the computer used to access the J&M Famous Biltong website, and may be used to store and collect information relating to your viewing and use of the J&M Famous Biltong website. Information collected through cookies is used to create a profile of our users. A profile is stored information we keep on individual users that details their preferences, their use and request history and behavioural activity, and can minimise the need for you to re-enter information.

Most cookies expire after a defined period, or you can delete your cookie file at any time. Most web browser software is initially set up to accept cookies. You can reset your web browser software to refuse cookies or to indicate when a cookie is being sent. However, some parts of our website will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing transactions.

J&M Famous Biltong may collect your computer’s IP (Internet Protocol) address and domain name address, the identity of your Internet service or access provider, the type of web browsing software you use, your computers operating system, the URL of the web page from which you came to visit our website and the language you selected for your web browsing software (collectively referred to herein as clickstream data). We use these technologies to identify our users, to help diagnose problems with our server, and to administer the J&M Famous Biltong website and the services offered thereon.

J&M Famous Biltong needs and uses your personal information to provide you with the services you request and to help us better understand your needs and interests in the future. Specifically, J&M Famous Biltong uses your information to help you complete and provide the services you have requested. Sensitive personal information if collected will only be used if you choose to allow us to do this in terms of your personal preferences options and will be shared only with your express permission.

Personal data given to J&M Famous Biltong may be transferred across country borders for the purposes of data consolidation, storage and simplified customer information management, but will only be done so in accordance with applicable legislation.

How J&M Famous Biltong will share your information and with whom?
J&M Famous Biltong will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information.

J&M Famous Biltong may partner with other organizations who may provide you with the services requested through the J&M Famous Biltong website. These partner organisations are required to keep confidential the information received on behalf of J&M Famous Biltong and may not use it for any purpose other than to carry out the services they are performing for J&M Famous Biltong. Except as stated in this policy or with your express permission, J&M Famous Biltong will not share personal information with any other third parties, unless required by law enforcement action, subpoena, or local law.

Privacy preferences
J&M Famous Biltong will not use your personal information for a different purpose than the one stated when you provided your data. Examples of unrelated uses include sending communications about updated information, new services and marketing messages. 

Data Access, accuracy, amendments, retention and opting out
J&M Famous Biltong will try to keep your personal information accurate. We will provide you with access to your information, including making reasonable efforts to provide you with online access and the opportunity to change your information, if possible. To protect your privacy and security, when doing so we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data.

Upon request, J&M Famous Biltong will:
•    Correct personal information that you state is incorrect; or
•    Permit you to “opt out” of further contact (excepting notification of major changes to the service), either on the original site of registration or at any time subsequently, while still allowing basic access to the site;
•    Remove you and your personal information provided electronically from our database, thereby cancelling your registration.

To request a correction or cancellation, send an e-mail to the address provided to you at registration for this purpose.

Opting-Out
Once you have agreed to allow us to use personal information in a certain way you can contact us and “opt-out” of such permissions. However, to provide you with certain services we need to be able to contact you. For example, we might need to notify you about your order and how far we are with processing it. Please be aware that these are operational messages and not us trying to spam you.

Security
J&M Famous Biltong undertakes to take all reasonable measures to protect the information you provide us. These measures include but are not limited to preventing unauthorised access or disclosure, maintaining data accuracy, and ensuring the appropriate use of the information. J&M Famous Biltong has in place reasonable physical and managerial procedures to safeguard the information we collect.

Changes to this statement
Please note that these guidelines are subject to change at any time. Any such changes will be posted on this page. You are encouraged to review this Privacy Policy at the inception of each session.

Law and jurisdiction
This Privacy Policy is governed by the Laws of the Republic of South Africa and without regard to the conflict of laws principle. You agree that any cause of action that may arise under this Privacy Policy shall be commenced and be heard in the appropriate court in South Africa. You agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.

Acceptance of policy
By using this website, or otherwise providing your personal information to J&M Famous Biltong, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use the J&M Famous Biltong website or provide any personal information to J&M Famous Biltong.

Effective date of policy: May 2020

TERMS & CONDITIONS

Introduction
When you use the J&M Famous Biltong website to purchase any products or in any way utilise any other services offered via the J&M Famous Biltong website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the J&M Famous Biltong website.

Important clauses that limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.

These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and various policies listed here “www.joubertandmonty.co.za” (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.

No sales representative, affiliate, dealer, agent, officer or employee of J&M Famous Biltong has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

Definitions
‘Business Day’ means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa.

‘Business Hours’ means the hours between 09h00 and 17h00 on a Business Day.

‘Effective Date’ means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance;  ‘ECT Act’ means the Electronic Communications and Transactions Act 2002. ‘Intellectual Property Rights’ means the copyright in any work in terms of the Copyright Act No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978. ‘Marks’ means any trademarks, logos, brand names, domain names or other marks of J&M Famous Biltong. ‘J&M Famous Biltong’, ‘we’, ‘us’ and ‘our’ means J&M Famous Biltong, Registration Geotina (Pty) Ltd t/a J&M Famous Biltong 2004/016484/07.

Conclusion of Agreement and ECT Act
You warrant that you have the contractual capacity to enter into this Agreement with us.  If the Agreement is signed by a person acting in a representative capacity on your behalf, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to J&M Famous Biltong at any time will be true, accurate and complete.  J&M Famous Biltong reserves the right to treat all misrepresentations by you as a fraud and you indemnify J&M Famous Biltong against any loss or damage that J&M Famous Biltong may sustain resulting from such misrepresentation.

The provisions of the ECT Act apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper-based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that J&M Famous Biltong will provide you with an opportunity in respect of all electronic transactions to:
•    review the entire electronic transaction
•    correct any mistakes, and
•    withdraw from the transaction, before finally placing the order.

J&M Famous Biltong is in terms of section 43 of the ECT Act required to make its contact details, and certain other information available to you when you enter into an electronic transactions with J&M Famous Biltong.

Credit Card Acquiring – Payment Gateway 
Pay fast Terms and Conditions
Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.mygate.co.za to view MyGate’s security policy. Please note that you will be required to accept the terms and conditions for the use of the MyGate service to place any orders with us. When making payment, your card details will be collected on MyGate’s secure payment page.

Username and Password
You will need a username and password in order to enable you to gain access to and/or use a service.
You agree that:
•    you will use your username and password for your own personal use only
•    you will not disclose your username and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof
•    in the event that your password is compromised, you will immediately notify J&M Famous Biltong and change your password
•    you, as the holder of the username and password acknowledge you are solely responsible for all payments in respect of a service charged to you, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of a J&M Famous Biltong service
•    you agree to cause all persons who use any services under your account or with your authorization to comply with these Terms and acknowledge that the acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions
•    you will not attempt to circumvent J&M Famous Biltong ‘s user authentication processes or engage in attempts to access J&M Famous Biltong ‘s network where not expressly authorised to do so.
•    J&M Famous Biltong may offer a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password.  Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us thereof and to update your details. We will not be responsible for any loss arising due to a third party gaining access to your password through your use of this password reminder service and accordingly you indemnify us from any loss you may suffer as a result thereof.

Marketing and Operational Messages
J&M Famous Biltong is committed to protecting your privacy and your personal information. We only want to provide you with information that you want to receive and in the manner that you want to receive it. Please make sure you read our privacy and data collection policies.

We will use your information to send you important operational and service messages, for example providing you with information requested by you in an enquiry or notifying you when your order is being processed. These details will not be used for marketing or promotions unless you let us know that you want to receive this information. Please do not mark these operational and service messages as spam as you will not be able to receive messages relating to your enquiries or orders.

Service Delivery and Interruptions
J&M Famous Biltong will use reasonable endeavours to make its services available to you and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

Breach
Should you be in breach of any provision of this agreement J&M Famous Biltong shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend access to the service and bar you from utilising same.

Warranties and Indemnity
You hereby warrant the following:

•    You have the right to enter into this agreement and
•    All information provided by you is accurate and true in all material respects.

You hereby indemnify J&M Famous Biltong unconditionally and irrevocably and agree to hold J&M Famous Biltong harmless against all losses, damages, claims, liabilities and/or costs, of whatsoever nature, howsoever and when so ever arising, suffered or incurred by J&M Famous Biltong or instituted against J&M Famous Biltong as a result of (without limitation):

•    your use of our services
•    your failure to comply with these terms and a provision of any agreement concluded between us
•    any unavailability of, or interruption in the service
•    any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability
To the extent permitted by applicable law, J&M Famous Biltong shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause.  To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that J&M Famous Biltong is liable to you for any damages, J&M Famous Biltong’s liability to you for any damages howsoever arising shall be limited to the amount of R1000 only. 

Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these

Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

General
Amendments:
J&M Famous Biltong reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website. Please note that you will be given an opportunity to read our terms and conditions and are required to accept our terms and conditions each time you use our service.

Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regards to the subject matter hereof.  No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

Thank you for using and supporting J&M Famous Biltong and we hope you enjoy your purchase experience with us!

General Disclaimer
1.    Anyone may use any information presented on this website for non-commercial purposes, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgment that J&M Famous Biltong is the source. By using this site you are agreeing to be bound by these general terms and conditions and our Privacy Policy.  If you choose to access and use any of the information made available to you on this site, you do so subject to these Terms and Conditions of Use and any specific terms that the owner or provider of that information has imposed on its use.
2.    Please take note of all Terms and Conditions of Use. Your use of this website implies an acceptance of the Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.
3.    J&M Famous Biltong makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity, and timeliness of this information. J&M Famous Biltong assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore, J&M Famous Biltong reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting J&M Famous Biltong or the owner or provider of the information to which the issue relates.
4.    Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are the sole property of or will vest in J&M Famous Biltong or a third party licensor. All moral rights are reserved. Please make sure you read our Copyright Statement.
5.    Trademarks.  J&M Famous Biltong’s logo and sub-logos, marks, and trade names are the trademarks of J&M Famous Biltong and no person may use them without permission.  Any other trademark or trade name that may appear on this website or other marketing material of J&M Famous Biltong is the property of its respective owner.
6.    You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment.  If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.
7.    Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other websites on the part of J&M Famous Biltong. J&M Famous Biltong makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics, and hyperlinks. J&M Famous Biltong will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
8.    While J&M Famous Biltong makes every effort to ensure that any executable material available to be downloaded from J&M Famous Biltong’s website is free of any virus, it cannot guarantee that the material is free from any or all viruses. J&M Famous Biltong is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.
9.    You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.
10.    The collection and retention of personal information by J&M Famous Biltong through its website and through the registration process is subject to the terms of the J&M Famous Biltong Privacy Policy currently in force and available for review on this website.
11.    You must not try to alter or destroy this website, the information contained herein or try to circumvent the security features of this website, be it by tampering with, attempting to hack or crack it, modify the format thereof or in any other way disrupt or disable any computer system, server, website, router or other device used to host this site or make it available.
12.    All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by J&M Famous Biltong and the information owners and providers.
13.    If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered.  If you are outside the Republic of South Africa, you must satisfy yourself that you are lawfully able to use any such information and materials.  We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
14.    No delay, neglect or forbearance on the part of J&M Famous Biltong in enforcing any of their rights under the Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of J&M Famous Biltong.
15.    If any of the Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of Terms and Conditions which will continue to be of full force and effect.
16.    All conditions and terms of use contained in this website are governed by South African law and you agree to submit to the non-exclusive jurisdiction of the courts of South Africa.
17.    No addition to or modification of any provision of these Terms and Conditions of Use will be binding on J&M famous Biltong unless made in writing and signed by their duly authorised representatives.

Refund policy

Returns:
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Refunds:
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds: 

If you have not received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you have done all of this and you still have not received your refund, please contact us at online@joubertadnmonty.co.za.

Exchanges:
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at online@joubertandmonty.co.za and send your item to: Epping 1, corner Cochrane avenue and Gunner’s circle, J&M Famous Biltong, Western Cape, South Africa.

Shipping:
To return your product, you should return your product to: J&M Famous Biltong, Corner Cochrane Ave and Gunner’s Circle, Epping 1, Western Cape, South Africa.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. 

If we have your products in stock, the standard times are as follows:

  • Cape Town 2-4 working days,
  • JHB, Durban, Bloemfontein 3-5 working days.
  • Outlying areas 5-7 working days.