Terms of Service

Last updated: November 2024

1. Acceptance of Terms

By accessing and using Rhinocery at https://www.rhinocery.co.za ("we", "us", "our", or "the Service"), you ("User", "You") accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service.

2. Definitions

  • Service: The grocery price aggregation platform provided by Rhinocery.
  • User: Any individual or entity that accesses or uses the Service.
  • Content: All materials, information, text, graphics, logos, buttons, images, audio clips, digital downloads, data compilations, and software.
  • Personal Information: Any information relating to an identified or identifiable natural person as defined under POPIA.

3. Use of the Service

Rhinocery grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service strictly in accordance with these Terms.

You agree to use the Service only for purposes that are permitted by these Terms and any applicable laws, regulations, or generally accepted practices or guidelines.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Automated Data Collection: The use of bots, crawlers, scrapers, or other automated means to access, collect, or download data from the Service is strictly prohibited.
  • Data Mining: Any form of data mining, data extraction, or data harvesting from our Service is not permitted.
  • Bulk Access: Systematic retrieval of data to create or compile, directly or indirectly, a collection, compilation, database, or directory is prohibited.
  • API Abuse: Unauthorized access to our API or exceeding rate limits is not allowed.
  • Commercial Use: Using the Service or its data for commercial purposes without explicit written permission.
  • Data Redistribution: Sharing, redistributing, or publishing data obtained from our Service.
  • Service Interference: Any actions that could disrupt or degrade the Service's performance.

5. Intellectual Property

All Content on this Service, including but not limited to product information, prices, images, and data, is protected by copyright, trademark, and other intellectual property rights. You may not copy, reproduce, distribute, create derivative works from, or exploit any Content without the express written permission of Rhinocery.

Rhinocery grants you a limited license to access and use the Content for your personal, non-commercial use only.

6. User Accounts

You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account. Rhinocery is not liable for any losses caused by the unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, and disclose information as necessary to comply with applicable laws and to protect the rights, property, or safety of Rhinocery, our users, or others.

7. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act (POPIA) and, where applicable, the General Data Protection Regulation (GDPR).

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied. Rhinocery does not warrant that:

  • The Service will meet your requirements;
  • The Service will be uninterrupted, timely, secure, or error-free;
  • The results that may be obtained from the use of the Service will be accurate or reliable;
  • The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

Rhinocery disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

In no event shall Rhinocery, its directors, employees, partners, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service;
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall Rhinocery's total liability to you for all claims related to the Service exceed the amount you have paid, if any, to Rhinocery for accessing the Service.

10. Indemnification

You agree to defend, indemnify, and hold harmless Rhinocery and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
  • Any claim that your use of the Service caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

By accessing the Service, you agree to submit to the personal jurisdiction of the courts located within South Africa.

13. Dispute Resolution

Any disputes arising out of or related to these Terms and your use of the Service shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

16. Entire Agreement

These Terms constitute the entire agreement between you and Rhinocery regarding the use of the Service and supersede all prior agreements, understandings, and representations regarding the same.

17. Contact Information

If you have any questions about these Terms, please contact us: