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Terms of Use

TERMS OF USE:

The Website or site referred to in these Terms of Use is “www.brookdale-estate.com” and includes any of its pages and/or architectural components

The full name and legal status of the Website Owner and Intellectual Property Rights Holder is:
Rudd Farms Limited (incorporated in England and Whales) t/a Brookdale Estate
Registration no: 2015 / 452583 / 10

Hereinafter referred to as “Rudd Farms Limited” / “we” / “our” / “us”

The content of this Website, including but not limited to all trademarks, articles, photographs, drawings, graphics, logos, images, cinematographic films, video clips and text, is the intellectual property of Rudd Farms Limited and may not be reproduced, adapted, distributed, sold, published, stored, broadcast, modified, transmitted or recorded in any way without prior written consent from Rudd Farms Limited, which consent can be obtained from info@brookdale-estate.com. Any unauthorised reproduction, storage, sale, adaptation, distribution, publication, broadcasting, modification, transmission or recording of the content of this Website or any part thereof, will constitute copyright infringement. In the event of the authorised and/or lawful use of a reference and/or quotation from our Website, our URL, www.brookdale-estate.com, must be clearly displayed with each and every quotation or reference, as well as the appropriate copyright notice.

The online booking system does not constitute an agreement between Rudd Farms Limited and a user, but constitutes an offer which may or may not be accepted by Rudd Farms Limited.
Rudd Farms Limited reserves the right to decline or execute a booking at its absolute discretion, without the necessity to provide any reasons. Rudd Farms Limited also reserves the right to cancel bookings at its sole discretion.
After payment has been made and a Booking Confirmation has been received, the booking is deemed to be final. You have a right to cancel a reservation, subject to administration fees levied in accordance to the Consumer Protection Act 68 of 2008. View booking cancellation terms.

• You may not post, download, upload, store, distribute or transmit comments, statements or other materials on or via our Website in violation of any applicable laws or regulations, or which violates or infringes on our rights or the rights of others, or that may be misleading, libellous, obscene, defamatory, or that may infringe copyright, trademarks, or any other intellectual property rights of Rudd Farms Limited or others; or which may be damaging to or cause the loss of data, software or in any way affect the performance of our Website or of our or any other parties’ computer system. We may, in addition to any other rights which we may have under these terms or at law, immediately remove any such uploads or postings, without notice or warning.

• The following is prohibited with respect to the Website: (a) using any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the Website; (b) attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising the Website; (c) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website; (d) attempting to access any area of the Website to which access is not authorised

• Rudd Farms Limited is not responsible for any comments, statements or other materials posted on our Website by you or any other person for whom we are not vicariously responsible.

• Rudd Farms Limited has taken all reasonable care in the preparation of the content on this Website. However, Rudd Farms Limited does not guarantee nor warrant the accuracy or integrity of the information reflected on our Website, and you rely thereon at your own risk.

• Although Rudd Farms Limited will always try to ensure that the website and its functionality is available, the website is provided “as is”. Subject to applicable laws, we make no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this regard. We do not warrant that the website will: (a) meet your requirements or expectations; (b) be uninterrupted, timely, secure or error free; (c) meet any particular measure of accuracy, completeness or reliability, performance or quality; or (d) be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.

• Subject to applicable laws, Rudd Farms Limited shall not be liable for indirect, incidental, special or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the website, even if we has been advised of the possibility of such damages. We shall not be liable for any damages, liability or losses arising out of: your use of or reliance on the website or your inability to access or use the website; use of (or inability to use) any site to which you hyperlink from our website; failure of performance; error; omission; interruption; defect; delay in operation or transmission; computer virus; line failure; hacking or violation of our site by any third party; or any illegal activities of any third party, even if we have been advised of the possibility of such damages. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.

• You indemnify and hold us, our employees, affiliates, subcontractors, agents and service providers (“indemnified persons”) harmless against any claims, losses and/or damages brought against or sustained by us as a result of your use of the website (save in so far as the same was caused by our gross negligence or wilful misconduct) and/or breach by you of any of any of these terms of use.

• There may be existing websites which may look similar to our Website, which are operated by third parties with whom Rudd Farms Limited may or may not have e-commerce or other business relation (hereinafter referred to as “third party operator websites”). Rudd Farms Limited shall not be liable for the integrity or accuracy of information found or displayed on such third-party websites, or the services or private practices of such third party operators.

• Our Website contains various hyperlinks to third party operator websites over which we have no control. Rudd Farms Limited disclaims all responsibility and liability in respect of the use of any such hyperlinks, whether directly or indirectly, or the websites to which such hyperlinks point. Hyperlinks found on our Website do not imply the endorsement of such links or the websites to which they point, by Rudd Farms Limited.

Rudd Farms Limited reserves the right to use IP addresses and cookies to identify users, when we feel it necessary to enforce compliance with our Terms and Conditions, Rules and Policies, or to protect our rights, services or Website. Any non-compliance with our Terms and conditions or Rules and Policies will be met with the disclosure of user information to law enforcement authorities. Rudd Farms Limited reserves the right to disallow access to this Website.

• No information or data on this Website constitutes an offer to do business, but is merely an invitation to do business.

• No agreement shall be concluded merely by sending a data message to this Website or its owners. Valid agreements require an acceptance of an offer by Rudd Farms Limited.

• No e-mail message shall be deemed to have been received by Rudd Farms Limited until a response has been issued by Rudd Farms Limited. An automated response, from Rudd Farms Limited, shall not satisfy this requirement.

In the event that any of these terms and conditions are found not to be valid or enforceable for any reason whatsoever, such term(s) shall be severable from the remaining terms and conditions. The remaining terms shall not be affected by such invalidity or unenforceability and shall remain enforceable.

This Website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern these terms of use.

These terms and conditions shall be for the benefit of Rudd Farms Limited and may be waived in Rudd Farms Limiteds’ own discretion.

If you have any questions, queries or wish to request permission to use any part of this Website, including linking, framing, or searching please contact us at:

Address: Brookdale Estate, Hawequa Forest Road, Klein-Drakenstein, Paarl, 7646
Telephone number: +27 (0)76 400 0229
E-mail address: info@brookdale-estate.com