Terms of Use

When these Terms of Use apply

These Terms of Use apply to the following websites (we’ll call each ‘the Site’ or 'our Site'):

"our Foodies of SA Facebook page and our Foodies of SA Instagram page"

"our Foodies of America Facebook page"

"our Foodies of Canada Facebook page"

"our Foodies of the UK Facebook page"

"our Foodies of Australia Facebook page"

"our Foodies of Kenya Facebook page"

"our Home Fitness Facebook page"

"our Video Fit Facebook page"

"our Great Stuff to Know Facebook page"

"our Awesome DIY Projects Facebook page"

"our Coffee Tribe South Africa page"

Very importantly, these Terms of Use will also apply to any content that’s published or otherwise available on the Site. This will include videos, photos, images, recipes and other content, including the style and “look and feel” of the Site.

Introduction

The Site is owned and operated by Engage Video Group (Pty) Ltd (also referred to in these Terms as ‘we’ or ‘us’), a private limited company incorporated in South Africa (registration number 2016/162064/07). Our registered office is 21 Dreyer Street, Claremont, Cape Town, 7708, South Africa.

Why these Terms of Use are important

Please make sure you read these Terms of Use carefully before using or interacting with the Site as they set out your rights and the conditions on which we make the Site available to you.

By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms of Use.

Very importantly, if you don’t agree with or accept any of these Terms of Use in full, you should stop using the Site immediately. It is also very important that you realise and understand that if you submit content in any format to us that you will also be doing so in accordance with (and you will be agreeing to), you’re also agreeing to our Terms for Contributions.

If you have any questions about the Site, get in touch here. To find out what kind of information we collect about users of this site, including how we use and safeguard such information and your rights and choices in relation to this please refer to our Privacy Policy and Cookie Policy.

Sometimes there are other t’s and c’s which will apply

You may from time to time use services or participate in activities where we point out to you that other or specific terms apply (e.g. competitions, paid-for content, participation in videos, photo shoots and other forms of content). In these cases, you will need to agree to those particular terms in order to participate in those activities or with those services. We will always try to ensure that there isn’t one, but if we miss something and there is any conflict between these Terms of Use and the specific terms, then the specific terms will always apply.

Using our Site

The Site is for personal and non-commercial use only.

We ask that all of our visitors and users are respectful, reasonable and behave lawfully when using our Site. That means you agree not to:

do anything illegal – for example (amongst other things), posting or uploading anything offensive, obscene, hateful or harmful content

infringe other peoples’ rights – for example (amongst other things) making any unpermitted use of our – or anyone else’s - brands, trade marks or logos without permission

do anything which would result in a reduction of the use and enjoyment of the Site by others – for example (amongst other things) doing anything which is libellous (in other words, damaging to the reputation of someone), breaches anyone's privacy, or which may harass, cause real distress or inconvenience to any person

impersonate anyone else or misrepresent your connection or affiliation with anyone else, or otherwise solicit, collect or store (or attempt to solicit, collect or store) personal information about other Site users

promote or threaten violence against anyone or advance criminal activities

You also agree not to interfere with or abuse our Site, and in particular that you won’t do any of the following (or even attempt to do any of the following):

use any device, software, or procedure that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site

reformat or frame any portion of the web pages that are part of the Site

copy or modify the HTML code used to generate web pages on the Site

modify, adapt, translate or reverse engineer any portion of the Site

take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure

disrupt or otherwise interfere with the Site or the networks or servers we use.

Should you breach these Terms, as part of our investigations into and dealing with your breach, we may use your personal details to phone or email you to find out more, or to share our concerns. We may issue you with a formal warning or we may prevent or suspend your access to the Site if you do not comply with any part of these Terms, or any terms or policies to which they refer to, or any applicable law.

Should you access the Site from locations outside South Africa, you are responsible for compliance with local laws where they are applicable.

Using our content

We own not only the Site, but we also own, or license all the content that’s submitted to or found on the Site (‘Content’). This includes, amongst other things:

recipes, images, photos, artwork, videos, audio or other multimedia content,

our logos and trade marks, including the trade marks “Foodies of South Africa”, “Foodies of Nigeria”, “Foodies of Kenya”, “The Foodies”, “Awesome DIY Projects”, “Great Stuff to Know”, “Coffee Tribe”, “Shaken and Stirred” and more

software and technical elements such as metadata and code

the design, arrangement and look and feel of the Site

and information or material submitted to or on the Site (other than Contributions and your personal information)
anything else that’s protected by copyright.

We (and our licensors) reserve all of our (and their) rights in any intellectual property in connection with the Content. This means, for example, that we (and they) remain the owners of them and free to use them as we (and they) see fit.

Should you wish to use any Content, you will first need our (or our relevant Licensor’s) permission (unless you’re using it for your personal use or using the Sharing Function (more on that below). Without such permission you may not copy, reproduce, republish, download, post, store (including on any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site's material or Content, or permit or assist anyone else to do the same. You must also not adjust, try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site.

Requesting Permission to Use our Content

You may request permission to use our Content by contacting us here. We will do our best to get back to you quickly, but it may take us a while if we are getting quite a few requests (as is sometimes the case). Also, permission can only be granted in certain circumstances and sometimes we won't be able to give you permission. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.

Using the Sharing Function

Content which you can share without our permission will show one or more of these options next to it, or possibly others:

‘Share this recipe’

‘E-mail’

Social media buttons for posting to Facebook, Instagram, Pinterest, Twitter etc

Here’s what you need to know before you use this Sharing Function:

Sharing is also for personal use only - if you want to share for business purposes, you’ll still need to get our permission first

When you share to a social media platform their terms will apply and it’s your responsibility to make sure you comply with them

You can’t remove any of our branding or logos

You can’t remove or change our credits or make it look like someone else made it

If not already included, add a hyperlink to the Content’s original location on the Site

You can’t add any branding, logos and so on, except for any branding that’s already within the Content

You can’t mix our Content with anything harmful, offensive or illegal, or anything that would harm our reputation or the reputation of our brand partners

You can't charge others for using our Content

You can’t make it more prominent than content which is not ours around it or otherwise make it look like we’re endorsing you or affiliated with you

You can’t make a website/app or offer any service of your own that contains only our Content

You can’t associate our Content with anyone else’s advertising or sponsorship or make it look like we’re endorsing or have a special relationship with anyone else

You can’t put ads over our Content or change it in any way

You are liable for anything that might happen to you as a result of using the Sharing Function

Sharing information on the Site

If you use any functionality this Site makes available that allows you to leave comments, please note that people may respond to these comments and that such responses may be abusive, untrue or unpleasant. Please be careful when using any messaging or commenting function not to reveal personal information such as your home or work contact details, your last name or where you live.

When submitting any inquiries via our “Contact Us” page or by email or other means via the Site, please do not include anything of meaningful personal value to you – for example (amongst other things), please don’t include any sensitive personal information, patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Information”). If you do submit any Unwanted Information to us, you agree that we may use any Unwanted Information as we see reasonably fit on a free-of-charge basis. We will not be legally responsible for keeping any Unwanted Information confidential and will not be legally responsible to you or anybody else for any use of such Unwanted Information.

Accuracy of information and availability of the Site

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we can’t promise that it always will be. We also can’t promise that the Site will be fit or suitable for any purpose. If you rely on any of the information on this Site, it’s at your own risk.

Our Content is provided for your enjoyment only and to inform you about a range of products (our and our brand partners’), news, features, services and other websites that may be of interest. None of it is nutritional, technical, financial or legal advice or any other type of advice and you shouldn’t rely on it for any purposes.

We furthermore can’t promise that the Site will be available at all times and we don’t promise that your use of it will be uninterrupted. We may suspend or terminate operation of the Site at any time as we see fit should we deem it necessary to do so.

Sign-up to our newsletters

You may be given the option to sign-up to our Newsletters via the Site or via some other channel or platform. If you wish to unsubscribe from these communications you can follow the unsubscribe link in the footer of these emails.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites including (but not only):

our partner brands and sponsors

social media websites such as Facebook, Instagram, Pinterest and Twitter

third party advertising

Hyperlinks or references that we provide are intended for your convenience only. We do not assert or have any control over third party websites and accordingly we accept no legal responsibility for any content, material or information contained in them.

Unless it is clear from the relevant Content or we expressly state so, our publication of hyperlinks or references to third party website should likewise not be interpreted as an endorsement of any such website, products, or services. If you use a third party site you are subject to the terms and conditions of that site.

Each individual advertiser is solely responsible for the content of its advertising material on the Site. We accept no responsibility for individual advertisers’ content, including, without limitation, any error, omission or inaccuracy.

‘Shop this Recipe’

Subject to availability and depending on your location, you may be given the option to purchase products from selected retailers through the ‘Shop this Recipe’ function of the Site.

‘Shop this Recipe’ will automatically add the ingredients to an online shopping basket with your chosen retailer. You will then be transferred to the website of your selected retailer to review and complete your purchase. If you use this function, you acknowledge and agree that you will be subject to the terms and conditions and privacy policies of that retailer’s website. You may also be required to hold an account with that retailer before you can progress with your purchase.

Please note that all products are subject to availability. Where a product is out of stock, an alternative product may be recommended by the retailer. We won’t be held responsible for the availability or suitability of the products you purchase and we urge you to carefully review the content of your shopping basket before proceeding with any purchase.

If you decide to purchase any products, goods, or services from any selected retailer website, you do so entirely at your own risk and we will not be held responsible for any mistakes or discrepancies that may appear in your shopping basket.

Limitation on our liability; Indemnification

We will not be liable for any cost, damage, claim, injury or other loss, direct or indirect, which you may incur, suffer or sustain as a result of your use of and interaction with our Site. This limitation does not extend to any matters in respect of which we are not legally entitled to exclude liability, as well as any cost, damage, claim, injury or loss arising as a result of our fraudulent or criminal conduct.

You agree to hold harmless and release us, along with our respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action (collectively ‘claims’) that you or your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have, whether now or in the future, relating to your use and/or interaction with the Site.

Safety Warning and Disclaimer

We offer a variety of food, nutrition, health and fitness information via the Site and our digital and social media channels (together “our Service”), all of which is designed for educational and entertainment purposes only. You should consult your doctor or healthcare professional before beginning any new fitness or exercise programme, and should not rely on any of the information provided via our Service as a substitute, nor does it replace, professional medical or healthcare advice, diagnosis or treatment. If you have any concerns, you should always consult a doctor or healthcare professional. Do not disregard, avoid or delay obtaining medial or health-related advice from your doctor or healthcare professional because of something you may have read via our Service. The use of information provided through our Service is solely at your own risk and does not constitute medical or healthcare advice.

In attempting to practice or follow any fitness or exercise information, advice or regimen offered via our Service, you affirm that either:

all of the following statements are true:
- no doctor or healthcare practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a doctor or healthcare practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your doctor or healthcare practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- you do not know of any other reason you should not exercise; or

your doctor or healthcare practitioner has been specifically consulted by you and approved of your use of our Service.

General

No one other than you and us has any right to enforce any of these Terms.

Disputes

We care about you, and we will try to resolve any disputes between us quickly and efficiently. Should you be unhappy with us or have any cause for complaint for any reason, please contact us here as soon as possible. If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.

In the event of any dispute which cannot be resolved amicably between us, the matter will fall within the jurisdiction of the High Court of South Africa (Western Cape Division), and the dispute, these Terms and all matters relating to them will be interpreted, governed and adjudicated in accordance with South African law.

Last update

These Terms were last updated on 27 November 2019.

We may vary these Terms from time to time without advance notice. Our updated terms will be displayed on the Site and if you continue to use and access the Site following such changes, you agree to be bound by the latest version. It is your responsibility to check these Terms from time to time for such variations.