Website Terms of Use

The legal stuff

INTRODUCTION

Please read the following Terms of Use (“Terms”) carefully before using the Caffenu (“We, Us, Our, Ourselves”) website (“Website”). By proceeding to use Our Website (located at https://caffenu.com/) You (“the User”) warrant that You have read and understood these Terms and agree to be bound by these Terms. Our Privacy Policy, available on Our Website, is incorporated by reference into these Terms and is subject to these Terms. We may amend these Terms at any time without notice. All amended Terms shall be effective automatically and immediately upon the posting of the revised Terms and any subsequent activity in relation to the Website shall be governed by such amended Terms of Use. We encourage You to regularly visit Our Website to stay up to date with any updates to these Terms.

If You do not agree with any of these Terms, please do not visit Our Website, alternatively contact us at: info@caffenu.com.

These Terms were last revised on 17 June 2022.

1. DEFINITIONS

In these Terms the following definitions shall apply:

1.1. “Applicable Data Protection Laws” shall mean all legislation, regulations or guidance notes in the European Union (“EU”) protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the Processing of Personal Data. This includes the EU’s General Data Protection Regulation 2016/679 (“GDPR”).

1.2. “Blog” shall mean information and content produced by Us and hosted on the Website under the Blog tab. These Blogs are for general information purposes only.

1.3. “Consent” shall mean any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the Processing of their Personal Data.

1.4. “Controller” shall mean the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law.

1.5. “Cross-border Processing” shall mean either: (a) Processing of Personal Data which takes place in the context of the activities of establishments in more than one Member State of a Controller or Processor in the Union where the Controller or Processor is established in more than one Member State; or (b) Processing of Personal Data which takes place in the context of the activities of a single establishment of a Controller or Processor in the Union but which substantially affects or is likely to substantially affect Data Subjects in more than one Member State.

1.6. “Data Subject” shall mean an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.7. “Electronic Signatures” shall mean data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign, as defined in the eIDAS Regulation 910/2014.

1.8. “EU” shall mean the European Union.

1.9. “GDPR” shall mean the General Data Protection Regulation 2016/679.

1.10. “Intellectual Property” shall mean copyrights, all rights conferred under statute, common law or equity in relation to all inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts, trade secrets, and confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields,
including all rights to apply for any of the above.

1.11. “Processor” shall mean a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.

1.12. “Personal Data” shall mean any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.13. “Process/Processing” shall mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.14. “Pseudonymization” shall mean the Processing of Personal Data in such a manner that the Personal Data can no longer be attributed to a specific Data Subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the Personal Data are not attributed to an identified or identifiable natural person.

1.15. “Recipient” shall mean a natural or legal person, public authority, agency or another body, to which the Personal Data are disclosed, whether a Third Party or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with EU or Member State law shall not be regarded as Recipients; the Processing of those data by those public authorities shall be in compliance with the Applicable Data Protection Laws according to the purposes of the Processing.

1.16. “Supervisory Authority” shall mean an independent public authority, which is established by a Member State, responsible for monitoring the application of the GDPR, in order to protect the fundamental rights and freedoms of natural persons in relation to Processing and to facilitate the free flow of Personal Data within the EU.

1.17. “Terms” shall mean these Terms of Use relevant to the Caffenu Website.

1.18. “Third-Party/ies” shall mean a natural or legal person, public authority, agency or body other than the Data Subject, Controller, Processor and persons who, under the direct authority of the Controller or Processor, are authorized to Process Personal Data.

1.19. “User” shall mean You, the visitor to the Website.

1.20. “Website” shall mean the Caffenu Website, available at www.caffenu.com and owned and operated by Caffenu.

2. ELECTRONIC SIGNATURES

2.1. You agree to be bound by any affirmation, assent, communication or agreement that You transmit through the Website, including but not limited to any Consents You provide to Us:

2.1.1. In order to use the Website or any part thereof;

2.1.2. In respect of any additional Website Terms; and/or

2.1.3. In order to receive communications from Us solely through electronic transmission.

2.2. You have the right to withdraw Consent in respect of Our Processing Your Personal Data at any time. In order to action this right, please contact Us at info@caffenu.com. You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or Consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

3. USE OF THE WEBSITE

3.1. Your usage of the Website constitutes Your acceptance of these Terms and Your resultant obligations towards Caffenu, the owner of the Website. If You do not agree to these Terms, You are not authorized to use the Website. You are encouraged to submit any questions regarding these Terms to info@caffenu.com. We encourage open communication with You in all respects concerning Your Personal Data or use of the Website.

3.2. To the best of Our knowledge, We do not Process Personal Data of children and this Website is not intended for use by children. Therefore, by accessing these Terms and using the Website, You warrant that You are over the age of 18 (eighteen) and have the legal capacity to accept these Terms Yourself or on behalf of any party You represent in connection with Your use of the Website.

3.3. By accessing and using the Website, You warrant that You have read, understood and accepted the terms in Our Privacy Policy, available on Our Website, and that You Consent to Our Processing Your Personal Data as per Our Privacy Policy.

3.4. You may not use the Website for any purpose that is unlawful or prohibited by these Terms, any applicable amended Terms of Use, or any other conditions or notices that are made available on the Website. Unauthorized use of this Website may result in Caffenu instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.

3.5. You may terminate Your obligations under these Terms by ceasing use of the Website if You do not agree to the Terms or any alteration thereto. Your continued use of the Website after amended Terms of Use are effective is evidence of the fact that You have read, understood, and agreed to those amended Terms of Use.

3.6. Caffenu reserves the right to withdraw or amend the Website without notice.

3.7. Every effort is made to ensure that the Website is operational. However, We take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond Our control.

3.8. We make no warranty that access to the Website will be uninterrupted. We may carry out maintenance or introduce new facilities and functions from time to time. You agree and accept that as a result, specific interruptions, and unavailability of the Website and/or services may occur.

4. IMPERMISSIBLE USES

4.1. When using the Website, Users agree not to do any of the following:

4.1.1. Use the Website in any way, or to any effect, that is fraudulent or that breaches any law or regulation.

4.1.2. Use or transfer content on the Website that You do not have the right to use or transfer under Intellectual Property, confidentiality, privacy or other Applicable Data Protection Laws;

4.1.3. Use or transfer content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the or servers or networks connected to the Website, or that infringes any requirements, procedures, policies or regulations of networks connected to the Website;

4.1.4. Use or attempt to use another’s Personal Data in any way that You are not authorized to under the Applicable Data Protection Laws, and/or without obtaining that other person’s Consent for such use;

4.1.5. To gain or attempt to gain unauthorized access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorized access to any part of the Website.

4.1.6. Use any means to bypass any information security or other measures We use to restrict access or use of the Website for the purposes of ensuring the integrity and confidentiality if the Personal Data under Our control;

4.1.7. You warrant that You will not impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. Should You use the Personal Data of another person, You warrant that You have obtained that person’s Consent to do so or that You are otherwise authorized to use the Personal Data by visiting and/or submitting such Personal Data through the Website.

4.1.8. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;

4.1.9. Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted
through the Website;

4.1.10. Interfere with any other person’s use and enjoyment of the Website.

4.1.11. Use, remove or attempt to use or remove any copyright, trademark or any other Intellectual Property, whether registered or not, on the Website.

4.2. If You breach these Terms, Your permission to use the Website terminates immediately.

5. THE WEBSITE

5.1. The Website is owned by Caffenu and is used by Us to keep You informed of Our Products and provide further general information Blogs around Caffenu related products.

5.2. The Website is divided into tabs into the following Tabs:

5.2.1. Home Page: The home page is the landing page You will see when first visiting the Website. From the home page You can navigate to other tabs on the Website which are established below.

5.2.2. Coffee Machine Cleaning: This tab is divided into products for coffee machines used in home use and commercial use.

5.2.3. Beverage Innovations: This page provides information on superfoods. This includes a range of Caffenu products lifestyle products, including beetroot, turmeric and matcha capsules.

5.2.4. Explore: This tab provides access to information, including where to buy caffenu products, an informative Blog page, videos and cleaning guidelines.

5.2.5. Become a Reseller: This page informs to the website user of the possibility to become a distributor of Caffenu products and also provides users with an opportunity to submit queries in respect of manufacturing products specific to their coffee system.

5.2.6. Contact us: The Contact Us tab provides You with information on how to contact Our offices as well as providing You with Our physical address.

This page will introduce You to Our team and provides Our client testimonials.

5.2.7. Select Language: This tab allows You to change the language in which the Website is displayed.

5.3. The Website also provides quick navigation to Caffenu products under the following tabs:

5.3.1. All products;

5.3.2. Cleaning capsules;

5.3.3. Descaling;

5.3.4. Cleaning tablets;

5.3.5. Cleaning powder;

5.3.6. Milk cleaners

5.4. The Website is provided “as is” and is used at Your own risk. We cannot provide any express or implied warranty or condition of any kind in relation thereto. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Although We have the necessary security safeguards in place, We will have no responsibility, by Your use of the Website, for any harm suffered by Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the Website, including, without limitation any liability for: loss of income or revenue; los of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6. PRIVACY AND THIRD-PARTY ACCESS

6.1. We are entrusted with responsibly and lawfully handling, storing and Processing the information and data that We collect through the Website and We agree to use Your Personal Data in accordance with Our Privacy Policy and the Terms set out herein. By using the Website, You warrant that You have read and understood Our Privacy Policy and that You Consent to such use, storage and Processing of Your Personal Data. Our Privacy Policy is accessible on Our Website.

6.2. In the event that You elect to submit Personal Data through the Website, such information will be handled in accordance with Applicable Data Protection Laws.

6.3. If We are required to provide a Third-Party with Your Personal Data (whether by subpoena or otherwise), We will use reasonable means to notify You promptly of that event (on condition that We have collected and retained an email address for You) unless such notification is prohibited by law, or We are otherwise advised not to notify You by legal counsel.

6.4. We will not disclose Your Personal Data to any Third Parties other than Our Processors who are authorized to Process Your Personal Data on Our behalf in accordance with Our Privacy Policy. You can access Our Privacy Policy on Our Website. Any other disclosure of Your Personal Data to Third Parties will be in accordance with Applicable Data Protection Laws.

6.5. In order to provide Our Website and services to You, You acknowledge and agree that We have a dependency on Third Party services providers, being Our Processors, including but not limited to those assisting Us with Our Website functionality and analytics. You agree that We shall not be liable for any failures to render the services attributable to such Third Parties.

6.6. This Website uses cookies. We use cookies to personalize content and ads, to provide social media features and to analyze traffic to Our Website. cookies are small text files that can be used by websites to make a user’s experience more efficient. The law states that we can store cookies on Your device if they are strictly necessary for the operation of this Website. For all other types of cookies we need Your Consent. You may elect to accept or reject all Cookies other than the necessary cookies through the Website’s cookie pop-up.

7. YOUR RIGHTS AND OUR CONTACT DETAILS

7.1. The GDPR affords certain rights to You as a Data Subject. For more information on what Your rights are in respect of Your Personal Data, refer to Our Privacy Policy which is available on Our Website.

7.2. In the event that You wish to enforce any of Your rights in respect of Your Personal Data, You can request this by emailing Us at info@caffenu.com. Furthermore, You also have the right to lodge a complaint with the relevant Supervisory Authority applicable to Your region.

8. THIRD PARTY WEBSITES

8.1. This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information to You. Such links do not signify that Caffenu endorses the website(s) linked to this Website. You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on Third-Party websites is the responsibility of those websites, and not of Caffenu.

8.2. By accessing Third Party links, You agree that those Third-Party websites have their own methods of collecting and Processing Your Personal Data. You are encouraged to read the Privacy Policies of Third-Party websites, prior to submitting Personal Data on such websites.

8.3. You may not create a link to this Website from another website or document without prior written consent from Us. We reserve the right to withdraw linking permission without notice. The Website from which the link originates must comply with the content standards set out in ‘Impermissible Use’ above.

9. INTELLECTUAL PROPERTY

9.1. All rights in the Website and the content on the Website including copyright, design rights, database rights, trademarks, patents, inventions, knowhow, source codes and any other Intellectual Property rights in any of the foregoing are reserved for Caffenu and/or Our content and technology providers.

9.2. Caffenu’s logo displayed is subject to copyright and trademark protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other Intellectual Property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent.

9.3. The Website may contain further text, images, graphics, that are subject to the copyright of Third Parties, and You agree not to use such materials in a manner that violates the rights of such Third Parties.

9.4. You may not (and may not authorize another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a user the impression that You or a Third-Party has the right to display, publish or distribute the Website.

9.5. All Blogs and videos hosted on the Website are created by Caffenu for the general Information purposes and subject to copyright of Caffenu. You may not download, link or otherwise use any of the Blogs for commercial purposes without the prior written consent of Caffenu.

9.6. No license to Caffenu’s Intellectual Property or the Intellectual Property of Third Parties has been granted to You unless otherwise indicated.

9.7. You may view, download and print content from the Website for information purposes only.

9.8. You may not modify the paper or digital copies of any materials You have printed or downloaded from the Website.

9.9. You may not use any part of materials on this Website for commercial purposes without obtaining a license from Caffenu or Our licensors to do so.

10. DISCLAIMER

10.1. With the exception of the Products and Contact Us tabs, the content on this Website is provided for general information purposes. You understand that Caffenu does not provide financial, legal, or technical advice on or via the Website and that We make no representations about the reliability, and accuracy of the information or other content contained on the Website.

10.2. Caffenu designs, manufactures and sells coffee machine cleaning capsules which may be used in a wide range of existing third-party coffee machines, including: Nespresso®, Caffitaly®, K-fee®, Starbucks®, Verismo®, Tchibo® Cafissimo®, Expressi® Aldi®. Caffenu is an independent entity and is in no way affiliated, partnered or subsidiary to any of the above listed entities. Any Intellectual Property rights arising from or associated with the entities listed above is the sole and exclusive property of the respective entity.

10.3. The listing of any brand names, trademarks or their logos is not intended to imply any endorsement or direct affiliation with Caffenu and are used for information purposes only illustrating the coffee machines in which caffenu’s cleaning products operate.

10.4. We, hereby, disclaim any association, affiliation direct or indirect, or representation in any form, of any such brand, product or service. Similarly, Caffenu has not received any endorsement from any third party coffee machine manufacturer.

10.5. As required by EU consumer protection law, We warrant that all information concerning Our products is an accurate representation of the products.

10.6. You acknowledge that Your use of this Website is at Your sole risk.

11. LIMITED LIABILITY OF CAFFENU

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USAGE OF THE WEBSITE AND RELIANCE ON THE PRODUCTS IS ENTIRELY AT YOUR DISCRETION AND RISK. WE, IN OUR DISCRETION, RESERVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY. WE WILL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND OUR CONTROL.

YOU AGREE TO INDEMNIFY AND HOLD US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, ACTIONS, LOSSES AND LIABILITIES INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; AND ANY REASONABLE LEGAL AND/OR ACCOUNTING FEES, RESULTING FROM: (I) THE ACCESS TO, USE OF, OR PERUSING OF THE WEBSITE, (II) VIRUSES, BUGS, SOFTWARE/PROGRAM MALFUNCTIONS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

11.1 Your sole and exclusive remedy should You be dissatisfied with the Website is to discontinue Your use of the Website.

11.2. We will not be liable for any errors, inaccuracies, or omissions in regard to the information and materials provided on the Website.

12. WARRANTIES

12.1. Every effort is made to keep the Website up and running smoothly. However, Caffenu takes no responsibility for, does not warrant, and will not be liable for the Website being temporarily unavailable due to technical issues beyond its control.

12.2. With the exception of the Products tab and the Contact Us tab, all information contained on the Website is provided by Caffenu and/or its partners, agents or representatives, without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties that the functions or content contained on the Website will be uninterrupted or error-free, that errors will be corrected, or that Caffenu’s servers are free of viruses or other harmful components. Caffenu does not warrant or make any representation regarding the use or the result of use of the content in terms of accuracy, reliability or otherwise. For more information on Our security measures, refer to Our Privacy Policy, available on Our Website.

12.3. We do warrant that the descriptions of Our Products are accurate and allow You to make an informed decision regarding the products.

13. INDEMNITIES

13.1. You agree to, indemnify and hold Caffenu, its officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements including (and without limitation to) reasonable legal fees, resulting from, or alleged to result from, Your use or misuse of the Website. Caffenu shall not be responsible or liable whatsoever in any manner for any content posted on the Website, excluding products information, (including claims of infringement relating to content posted on the Website for Your use, or for the conduct of Third Parties whether on the Website or otherwise relating to the Website).

14. JURISDICTION

14.1. These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby Consent to the exclusive jurisdiction of the South African courts.

14.2. The GDPR shall be applicable to these terms in so far as a European citizen’s Personal Data Is concerned.

14.3. The Website is controlled and offered by Caffenu through a Third-Party service provider. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law. Kindly refer to Our Privacy Policy for more information on the Cross-border Processing of Personal Data.

15. WAIVER

15.1. Any failure by Caffenu to exercise or enforce any part of this Agreement shall not be construed as a waiver of such right to exercise or enforce any part of this Agreement.

16. SEVERABILITY

16.1. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

17. AMENDMENTS TO TERMS OF USE

17.1. Caffenu may change these Terms at any time by posting the amended Terms of Use on the Website. All amended Terms of Use are immediately and automatically effective after they are posted onto the Website. Use of the Website shall be governed by such amended Terms of Use. You are advised to regularly check these Terms of Use for any amendments.

17.2. Amended Terms of Use shall apply to any disputes that arise after the posting of such terms on the Website.

17.3. You can easily view when these Terms were last revised by checking the date as set out above.

18. PARTICULARS OF CAFFENU

Full Name Coffee Capsules Direct t/a Caffenu
Legal Status Proprietary Limited
Registration Details 2013/083136/07
Place of Registration South Africa
Director/Founder Rowan Isaacman
Physical Address Unit 4, 15 Dawn Road, Montague Gardens, Cape Town 7441.
Postal Address Unit 4, 15 Dawn Road, Montague Gardens, Cape Town 7441.
Physical Address for receipt of legal documents Unit 4, 15 Dawn Road, Montague Gardens, Cape Town 7441.
Telephone Number +27 21 286 1095
E-mail address info@caffenu.com
Website Address www.caffenu.com
Membership to self-regulatory and/or accreditation bodies Not applicable
Description of services and services offered Caffenu is a manufacturing company specializing in the manufacturing and distribution of coffee system cleaning capsules and related products.
Codes of Conduct applicable to Caffenu Not applicable
Terms of Use Agreement Can be accessed from the Website
Privacy Policy Can be accessed from the Website