TERMS OF USE DEFINITIONS The following terms shall have the corresponding meanings assigned to them: “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by La Croix Du Sud on or in connection with this Website; “Know-How" means all the ideas, designs, documents, diagrams, plans, information, devices, technical and scientific data, secret and other processes and methods used by La Croix Du Sud in connection with this Website, as well as, all available information regarding marketing and promotion of the products and services described in this Website, as well as all and any modifications or improvements to any of them; “La Croix Du Sud” means LA CROIX DU SUD HOLDINGS LIMITED, a company duly registered and incorporated with limited liability under the company laws of the Republic of South Africa under registration number 1998/017643/06 and having its principal place of business at Le Mouillage, Main Road R45, Franschhoek, South Africa or any of its subsidiary or associate companies; “Terms of Use” means these terms of use, as amended from time to time; “Trade Marks” means those trade marks owned by La Croix Du Sud (or of which La Croix Du Sud is designated as beneficial owner) and any other trade marks, designs, logos, style names, tag lines and slogans which La Croix Du Sud owns or has the right to use or any derivative service offerings of, and applications for, any of same; “Website” means this website which is owned, hosted, operated or administered by La Croix Du Sud; “Website Material” means the contents of this Website, including without limitation, all and any data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Website. INTERPRETATION The headings used in these Terms of Use are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these Terms of Use. No term or provision contained in these Terms of Use is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with La Croix Du Sud on this Website. Any reference in these Terms of Use to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be. ACCEPTANCE OF TERMS OF USE This Website is made available to you by La Croix Du Sud conditional upon your acceptance, without modification, of these Terms of Use. Your access to and use of this Website constitutes your agreement to and acceptance of these Terms of Use. If you do not agree with any provision contained in these Terms of Use, please do not use this Website. MODIFICATION OF TERMS OF USE La Croix Du Sud reserves the right, in its sole discretion, to amend (including without limitation, by the addition of new terms and conditions) these Terms of Use at any time and from time to time. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms of Use regularly prior to use of this Website for any such amendments. We will identify the date of the last amendment to the Terms of Use on the webpage which contains the Terms of Use. OTHER TERMS AND CONDITIONS Certain products and/or services offered on this Website may be subject to additional terms and conditions as indicated on that part of the Website and your use of those products and/or services will also be subject to those additional terms and conditions governing those relevant products and/or services. To the extent that those additional terms and conditions conflict with these Terms of Use, then those additional terms and conditions shall take precedence. REGISTRATION You may be required to register for certain services provided on the Website. Should you choose to register for such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree that you are responsible for maintaining the confidentiality of any passwords or other account identifiers which you may choose or are assigned as a result of any registration with the service, and all activities that occur under such password or account. You agree to immediately notify La Croix Du Sud of any unauthorised use of your password, any account identifier or your account. La Croix Du Sud and its officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) shall not be liable for and you hereby indemnify La Croix Du Sud and its officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) against any damages or loss of any kind whatsoever or howsoever caused as a result of, or in connection with, your failure to comply with these requirements. WEBSITE MATERIAL Subject to the provisions of these Terms of Use, you may download, view and print the Website Material restrictively for your own personal use and for non-commercial purposes only. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, license or create derivative works from the Website Material.  You may not use this Website or the Website Material for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms of Use.  You may not link to any page on this Website or frame this Website or any of the pages on this Website in any way whatsoever without the prior written permission of La Croix Du Sud. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Website Material are retained and displayed without alteration or modification and not in any manner obscured or removed. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so. SUBMISSION OF BLOGS AND OTHER MATERIAL As part of the services on the Website, users have the opportunity to submit information and material regarding ▲ . By submitting blogs, recommendations, opinions, reviews, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, video clips, software, messages or other materials to the Website (“User Content”), you warrant that: you are the owner of such User Content, or have been granted all the rights necessary from the owner (and subject matter, if applicable) thereof to submit such User Content to the Website to be published there, and for the use by La Croix Du Sud as stated herein; such User Content does not infringe the intellectual property rights, copyright, trade marks, trade secrets, privacy or otherwise violate the rights of any third party; you will not link to, offer or promote content which is unlawful, offending, ethically or morally improper, pornographic, hateful or racist; and you will not employ any means of spam or promote viruses, worms or other harmful programs. La Croix Du Sud does not claim ownership rights to any of the User Content. You shall not construe or interpret opinions, views and advice submitted on the Website as part of User Content to be those of La Croix Du Sud. By submitting User Content to the Website, with respect to any User Content that you elect not to designate as private content (“Public Content”), you hereby grant to La Croix Du Sud (or warrant that the owner thereof has granted to La Croix Du Sud), a non-exclusive, royalty-free, perpetual, irrevocable, license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, and create derivative works of, any such Public Content, for any purpose whatsoever, including, without limitation, a commercial purpose, and in any form of media, without any compensation to you, and to sublicense any of the foregoing rights and licenses. You hereby waive your moral rights in Public Content submitted by you, and warrant that you have obtained a waiver of moral rights from everyone who may have such rights in such Public Content. La Croix Du Sud reserves the right to discontinue any blog at any time. You acknowledge and agree that La Croix Du Sud will have the right (but under no circumstances will La Croix Du Sud have any obligation) to screen, filter, review, flag, edit, refuse to post or remove any User Content, in whole or in part, from any portion of the Website, in its sole discretion, including, but not limited to, User Content that violates the Terms of Use or is otherwise objectionable. La Croix Du Sud reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for, and you hereby indemnify La Croix Du Sud from any loss or damages resulting from any infringement of copyright, trademark, or other proprietary or other right or any other harm resulting from your use of the service and your submission of User Content. You acknowledge that by using the services you may be exposed to User Content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk. All La Croix Du Sud’s rights in this regard are reserved. INTELLECTUAL PROPERTY The Intellectual Property is owned by La Croix Du Sud or used under license or with permission. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without La Croix Du Sud’s prior written permission and nothing contained on this Website should be construed as granting any licence or right of use of any Intellectual Property. This Website is Copyright © 2007 - 2008, La Croix Du Sud. All rights reserved. Trade Marks which are identified as trade marks owned by La Croix Du Sud, belong to La Croix Du Sud. Trade Marks other than those belonging to La Croix Du Sud which are displayed on this Website are the trade marks of their respective owners. CHANGES TO THE WEBSITE La Croix Du Sud may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this Website at any time without any prior notice to you. La Croix Du Sud may also impose limits on certain features and services or restrict your access to any or all of the Website or Website Material without notice or liability. DISCLAIMERS Your use of this Website and reliance on any Website Materials available on this Website is entirely at your own risk. This Website, including all Website Materials, is provided “as is” at any time. La Croix Du Sud does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through this Website or the Website Materials. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. La Croix Du Sud reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website and the Website Materials. Information, ideas and opinions expressed on this Website and in the Website Materials should not be regarded as professional advice or the official opinion of La Croix Du Sud and you are strongly advised to seek professional advice before taking any course of action related to them. To the fullest extent permissible by law, La Croix Du Sud disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this Website and the Website Materials. La Croix Du Sud does not warrant that the functions contained in this Website or the Website Materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that this Website or the Website Materials or the server that makes them available is free of viruses or other harmful components. La Croix Du Sud does not warrant that this Website or the Website Materials will provide specific results from use of this Website or the Website Materials or any content, search or link within them or that the results that may be obtained from the use of this Website will be accurate or reliable. Whilst La Croix Du Sud takes reasonable precautions in its operation of this Website, neither La Croix Du Sud nor its agents or representatives will assume any responsibility and neither La Croix Du Sud nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) (stipulation for another) shall be liable for any damage to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of this Website or the Website Materials or your downloading of any materials, data, text images, video or audio from this Website or the Website Materials. Any material downloaded or otherwise obtained through the use of this Website or the Website Materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. LIMITATION OF LIABILITY You agree that under no circumstances whatsoever, including as a result of La Croix Du Sud’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law La Croix Du Sud may be liable, shall La Croix Du Sud or its servants, agents or contractors or other persons for whom in law La Croix Du Sud may be liable (in whose favour this constitutes a stipulatio alteri) (stipulation for another) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants or customers, resulting from your use of or inability to use the Website or the Website Materials. You agree that under no circumstances whatsoever, including as a result of La Croix Du Sud’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law La Croix Du Sud may be liable, shall La Croix Du Sud’s or its servants’, agents’ or contractors’ or other persons for whom in law La Croix Du Sud may be liable (in whose favour this constitutes a stipulatio alteri) (stipulation for another) liability for any direct loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), which are sustained by you, your directors, servants or customers, resulting from your use of or inability to use the Website or the Website Materials, exceed an amount of ▲ per claim or series of claims arising out of any cause of action asserted. You agree that no claims or legal action arising out of, or related to, the use of this Website, the Website Materials or these Terms of Use may be brought by you more than 1 (one) year after the cause of action relating to such claim or legal action arose. INDEMNITY You hereby indemnify La Croix Du Sud and its officers, directors, employees, servants, agents or contractors or other persons for whom in law La Croix Du Sud may be liable (in whose favour this constitutes a stipulatio alteri) (stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this Website or the Website Materials and/or your breach of these Terms of Use. LINKS Links to and from this Website to other websites belonging to or operated by third parties do not constitute an endorsement by La Croix Du Sud of such linked websites or their contents nor do they constitute any association by La Croix Du Sud with their owners or operators. La Croix Du Sud has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk. DEALINGS WITH THIRD PARTIES Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to this Website is entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. You agree that La Croix Du Sud shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties. You acknowledge that such third parties are not the agents of La Croix Du Sud. FEES AND CHARGES Your use of services offered on this Website may be subject to fees and charges (which fees and charges are incorporated into these Terms of Use). DISPUTES In the event that any claim, matter or dispute arises between you and La Croix Du Sud arising out of or in connection with your use of this Website, the Website Materials or these Terms of Use, such claim, matter or dispute shall be finally resolved in accordance with the Commercial Rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation. The arbitration shall be held at Cape Town in the English language and shall be held immediately with a view to be completed within 21 (twenty one) days after it is demanded. You agree that the decision of the arbitrator in the arbitration proceedings shall be final and binding on you and may be made an order of court. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief. FULL LEGAL AGE In using this Website you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms of Use or any other terms and conditions regarding your use of this Website and the Website Materials available on this Website. PRIVACY POLICY You acknowledge that you have read and understood La Croix Du Sud’s Privacy Policy, the terms of which are incorporated into these Terms of Use. You hereby agree that La Croix Du Sud shall be entitled to send “cookies” from this Website to your computer. A “cookie” is simply a message given by La Croix Du Sud’s Website to your browser which is stored on your computer and contains information to personalise your experience on La Croix Du Sud’s Website by being relayed to La Croix Du Sud’s server each time your browser requests a page from La Croix Du Sud’s Website. MONITORING OF COMMUNICATIONS You hereby consent to La Croix Du Sud monitoring your internet and e-mail traffic on La Croix Du Sud’s Website servers and domains. You acknowledge that La Croix Du Sud monitors internet and e-mail traffic on its Website servers and domains primarily to ensure that surfers and consumers are not acting illegally, unlawfully or in breach of these Terms of Use and: to maintain the integrity and security of La Croix Du Sud’s Website and information technology systems; to investigate and detect any unauthorised use of La Croix Du Sud’s Website and information technology systems; and as an inherent part of and to secure the effective operation of La Croix Du Sud’s Website and information technology systems. TERMINATION If you breach any of these Terms of Use, La Croix Du Sud may immediately, automatically and without notice to you, terminate your use of and access to La Croix Du Sud’s Website, and/or prohibit your future access to use of La Croix Du Sud’s Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of La Croix Du Sud’s rights in this regard are expressly reserved. LEGAL SERVICE OF DOCUMENTS AND NOTICES La Croix Du Sud chooses the following address for all purposes under these Terms of Use, whether in respect of court process, notices or other documents or communications of whatsoever nature.  GOVERNING LAW This Website is hosted, controlled and operated from the Republic of South Africa. We both agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with these Terms of Use, we both submit ourselves to the exclusive jurisdiction of the High Court of the Republic of South Africa. SEVERABILITY Any provision in these Terms of Use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms of Use, without invalidating the remaining provisions of these Terms of Use. WHOLE AGREEMENT These Terms of Use constitute the whole agreement between you and La Croix Du Sud relating to your access to and use of this Website. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms of Use which La Croix Du Sud may show, grant or allow you shall operate as an estoppel against La Croix Du Sud in respect of its rights under these Terms of Use nor shall it constitute a waiver by La Croix Du Sud of any of La Croix Du Sud’s rights and La Croix Du Sud shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.