TERMS & CONDITIONS

STODELS GIFT CARD TERMS AND CONDITIONS

• Use of this card constitutes acceptance of the following Ts &Cs.
• Gift Card needs to be present for the redemption of value, digital cards also accepted
• This card is valid for 12 months from date of purchase (date of issue).
• In the event that a card is lost or stolen, it remains the responsibility of the customer to deactivate the card. If the funds on the card have been redeemed at a Stodels Garden Centre before the card is blocked, there can be no recovery of these funds for the customer. Stodels cannot be held liable for loss.
• No Value on the card can be redeemed as cash at any time. There is no ‘cash out’ or ‘cash back’ facility.
• Stodels reserves the right to alter or change operational conditions of the programme or to terminate it at any point. If the terms and conditions change, we will notify you via our website, which will apply from the effective date indicated and you will be deemed to have agreed to the changes to continue using the card.
• No Stodels employees, supplier or in-house promoters may use or redeem any value from a Gift Card.
• No person who is employed at a Stodels Garden Centre or related business may accept a gift card on behalf of a customer.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Privacy Statement disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Permission to use Documents (such as What to do now in my garden, Facts & info, More gardening, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom.

Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Stodels.com Web site or any other Stodels Nurseries (Pty) LTD owned, operated, licensed or controlled site. Elements of Stodels Nurseries (Pty) LTD Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Stodels Nurseries (Pty) LTD Web site may be copied or retransmitted unless expressly permitted by Stodels Nurseries (Pty) LTD.

STODELS NURSERIES (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. STODELS NURSERIES (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL STODELS NURSERIES (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STODELS NURSERIES (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.

IN NO EVENT SHALL Stodels Nurseries (Pty) LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Stodels Nurseries (Pty) LTD immediately of any unauthorized use of your account or any other breach of security. Stodels Nurseries (Pty) LTD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Stodels Nurseries (Pty) LTD or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Stodels Nurseries (Pty) LTD server, or the network(s) connected to any Stodels Nurseries (Pty) LTD server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Stodels Nurseries (Pty) LTD server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES.

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Stodels Nurseries (Pty) LTD has no obligation to monitor the Communication Services. However, Stodels Nurseries (Pty) LTD reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Stodels Nurseries (Pty) LTD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Stodels Nurseries (Pty) LTD reserves the right at all times to disclose any information as Stodels Nurseries (Pty) LTD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Stodels Nurseries (Pty) LTD’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Stodels Nurseries (Pty) LTD does not control or endorse the content, messages or information found in any Communication Services and, therefore, Stodels Nurseries (Pty) LTD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Stodels Nurseries (Pty) LTD spokespersons, and their views do not necessarily reflect those of Stodels Nurseries (Pty) LTD.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Stodels Nurseries (Pty) LTD OR POSTED AT ANY Stodels Nurseries (Pty) LTD WEB SITE.

Stodels Nurseries (Pty) LTD does not claim ownership of the materials you provide to Stodels Nurseries (Pty) LTD (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Stodels Nurseries (Pty) LTD, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Stodels Nurseries (Pty) LTD Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Stodels Nurseries (Pty) LTD is under no obligation to post or use any Submission you may provide and Stodels Nurseries (Pty) LTD may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Notifications of claimed copyright infringement should be sent to Stodels Nurseries (Pty) LTD. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

See Notice and Procedure for Making Claims of Copyright Infringement .

LINKS TO THIRD PARTY SITES.

THE LINKS IN THIS AREA WILL LET YOU LEAVE STODELS NURSERIES (PTY) LTD’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF STODELS NURSERIES (PTY) LTD AND STODELS NURSERIES (PTY) LTD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. STODELS NURSERIES (PTY) LTD IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. STODELS NURSERIES (PTY) LTD IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY STODELS NURSERIES (PTY) LTD OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY.

STODELS NURSERIES (PTY) LTD OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN STODELS NURSERIES (PTY) LTD’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO STODELS NURSERIES (PTY) LTD. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO STODELS NURSERIES (PTY) LTD OR ANYONE AT STODELS NURSERIES (PTY) LTD. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT STODELS NURSERIES (PTY) LTD MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

COPYRIGHT NOTICE – Copyright © 2023, Stodels Nurseries (Pty) Ltd., PO Box 3060, Tygerpark, Cape, South Africa, 7536.

TRADEMARKS. Other products referenced herein are either registered trademarks or trademarks of Stodels Nurseries (Pty) LTD in the S.A. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Send your questions to the appropriate contact as listed below :

• Stodels Nurseries (Pty) LTD Web properties, contactwebmaster@stodels.com
• Piracy questions can be routed to webmaster@stodels.com

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated person:

Service Provider(s): Serve-Hosting

Name of Designated Person: Mr N Stodel

Full Address of Designated Person: Stodels Nurseries (Pty) LTD., PO BOX 3060, Tygerpark, Cape, South Africa, 7536

Telephone Number: +27 021 919-1108

Fax Number: +27 021 919-7098

Email Address: webmaster@stodels.com

TO BE EFFECTIVE, THE NOTIFICATION MUST INCLUDE THE FOLLOWING

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UPON RECEIPT OF THE WRITTEN NOTIFICATION CONTAINING THE INFORMATION AS OUTLINED IN 1 THROUGH 6 ABOVE

1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
2. Service Provider shall forward the written notification to such alleged infringer (“Subscriber”);
3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

COUNTER NOTIFICATION:

TO BE EFFECTIVE, A COUNTER NOTIFICATION MUST BE A WRITTEN COMMUNICATION PROVIDED TO THE SERVICE PROVIDER’S DESIGNATED AGENT THAT INCLUDES SUBSTANTIALLY THE FOLLOWING:

1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person

UPON RECEIPT OF A COUNTER NOTIFICATION CONTAINING THE INFORMATION AS OUTLINED IN 1 THROUGH 4 ABOVE:

1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system.

1. The competition is only open to residents of South Africa located in the Gauteng and Western Cape regions, aged 18 years or older. Any employee of Stodels Nurseries Pty Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition may not enter.

2. There is no entry fee and no purchase necessary to enter this competition.

3. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

4. The starting date for this competition is 1 August 2023, and the closing date for entries will be 31 August 2023. After this date, no further entries to the competition will be permitted.

5. No responsibility can be accepted for entries not received for whatever reason.

6. The rules of the competition and how to enter are as follows: entrants are to share a picture on Facebook or Instagram – showing them shopping at the “August 2023 30% off” sale – before 31 August 2023. They need to tag Stodels on Instagram, Facebook or both platforms (@stodelsnursery on Instagram) and @StodelsGardenClub on Facebook) to stand a chance to WIN a R500 Stodels gift card (ONE PRIZE, ONE WINNER).

7. Only one entry will be accepted per person. Multiple entries from the same person will count as one entry.

8. Only entries on Facebook and Instagram will be counted as relevant.

9. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

10. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

11. The prize is a Stodels gift card to the value of R500. The gift voucher is not transferable, cannot be redeemed for cash and is valid for 36 months from the date of issue. The gift card will need to be present for the redemption of value. In the event that the gift card is lost or stolen, Stodels cannot be held liable for loss.

12. Winners will be chosen by an independent adjudicator or panel of judges appointed by the Promoter within 5 days of the competition closing. Note that, if you’ve won a competition promoted by us in the past 12 months, you will not be eligible for the prize. 

13. Winners will be notified by a direct message on Facebook or Instagram within 7-10 days of the closing date. If the winner cannot be contacted or does not claim the prize within 48 hours of notification, the promoter reserves the right to withdraw the prize from the winner and pick a replacement winner.

14. The promoter will notify the winner when and where the prize can be collected/is delivered.

15. The promoter’s decision in respect of all matters to do with the competition will be final, and no correspondence will be entered into.

16. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current RSA data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

17. Entry into the competition will be deemed as acceptance of these terms and conditions.

18. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Stodels Nurseries Pty Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.stodels.com/privacy-policy/.