As a user, Rochester grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website. You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement. You may only link to the website by linking to the home page of the website.
4.1 You, the customer, hereby agree and acknowledge that:
4.1.1 You will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of the a foregoing, the Customer specifically acknowledges and agrees that, when reporting Personal and other information to Rochester;
4.1.2 Such information will include all mandatory data;
4.1.3 It will have taken all reasonable steps to ensure that the information being submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
4.1.4 You are entitled to submit the information to Rochester, for the purpose of Rochester making such information available to its associated partners, for the purpose of rendering the services offered, and that such information is not subject to a duty of confidentiality between Rochester and the customer.
4.1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:
4.1.7 Additional information you may provide on a voluntarily, such as demographic information or data related to your favorite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Rochestercompetitions, promotions, studies, reviews and surveys, as well as additional services. (“Optional Details”).
4.1.8 Details submitted, when registering or transacting, for the purpose of using the services on the Rochester website. Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
4.1.10 when you access the Website/Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.
4.1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically; 1by1 pixel files, (very small unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers in order to count how many newsletters have been read. Rochester web beacons do not gather, monitor or share any personally identifiable information about our Customers. They are just the technique we use to compile anonymous information about the Website and Service.
4.1.12 Rochester may use any Optional Details provided by you, for such purposes as indicated to you at the time you agree to provide such Optional Details.
4.2 We may use your Usage Details to:
4.2.1 Automatically validate and/or verify your identity; for website and transaction security purposes via Rochester or via a third party service provider;
4.2.2 Automatically provide you with the latest version of the Rochester application on your system;
4.2.3 Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website/Platform;
4.2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
4.2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
4.2.6 Rochester shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to Information Act 2 of 2000(PAIA).
4.2.7 If you are a Rochester website users, you agree that we may also electronically gather, save and use the following of your information:
4.2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
4.2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details“);
4.2.10 the credit or debit card number, cardholder name and expiration date you submit to Rochester website in respect of your credit or debit card(s), (Credit or debit cards)
4.3 Rochester Website Users collects the aforesaid information from you in the following manner:
4.3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Rochester website user and/or thereafter by you actively transacting, updating or supplementing such details in your Rochester website users Account.
4.3.2 Rochester uses the information that Rochester website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all of the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
4.3.3 We use your Debit or Credit Card Details in order to provide the Services (including the verification thereof when you transact with Rochester) and, should fees be charged for some of the Services and you have selected a credit or debit card as your means of payment therefor, to debit such credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your Rochester User Account, to manage and administer your use of the Services and fulfill our contractual obligations, including the verification of your identity when you transact with Rochester.
4.3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers form us and/or any of our partners and/or affiliates.
4.3.5 Any user, who commits any of the offence detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and/or incurred by Rochester and its partners/affiliates.
4.4 You may not:
4.4.1 Provide any untrue or incorrect information to the website or Rochester;
4.4.2 Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
4.4.3 Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Rochester;
4.4.4 Use malicious search technology, including but not limited to spiders and crawlers;
4.4.5 Frame any pages of the website;
4.4.6 Deep link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.
4.4.7 Use the interactive sections of the website, for instance forums, clubs, surveys and e-mailing, to post any material which in Rochester’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Rochester does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Rochester is not responsible or liable for damages or other adverse consequences caused by the use of the submissions.
In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Rochester will not knowingly collect information from users in this age group.
No transaction concluded between Rochester and a person under the age of 18 shall be binding upon Rochester unless written consent thereto is received by Rochester from your parent or legal guardian. Rochester therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.