Terms Of Use 2017-12-07T14:23:22+00:00

TERMS OF USE.

Tru-Cape Fruit Marketing (Tru-Cape for the rest of this terms of use) makes this website and its mobile game (Fruit-Full), including all information, text, graphics, software, and services, available for your use subject to the terms and conditions set forth in this document (“Terms of Use”). By using this website and the services offered on it, downloading any software, or browsing the website, as well as by downloading Fruit-Full from app stores, you accept the following Terms of Use. If you do NOT agree to all these Terms of Use, please do NOT use this website and/or download Fruit-Full.

Tru-Cape is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms of use regulating your use of this website and Fruit-Full.

Tru-Cape reserves the right to make changes to or update the content of the website and Fruit-Full or the format thereof at any time and without any notice. Tru-Cape reserves the right to terminate or restrict access to the website or Fruit-Full for any reason whatsoever at its sole discretion.

Warranties and Disclaimers

This website is provided “as is” without any representations or warranties, express or implied. Tru-Cape Marketing as the owner of “Fruit-Full” makes no representations or warranties in relation to this website, products or the information and materials provided on the website.

Without prejudice to the generality of the foregoing paragraph, Tru-Cape Marketing does not warrant that:

  • this website and or Fruit-Full will be constantly available, or available at all; or
  • the information on this website and Fruit-Full is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

By downloading or use of any software or services on this website or through app stores you agree that it is done at your own discretion and risk and that you are solely responsibility for all damage to your device, loss of data, or other harm that may result from doing so.

Limited Liability

Tru-Cape Marketing will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website and Fruit-Full is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Tru-Cape Marketing has been expressly advised of the potential loss.

Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Tru-Cape Marketing’s liability in respect of any:

  • death or personal injury caused by Tru-Cape Marketing negligence;
  • fraud or fraudulent misrepresentation on the part of Tru-Cape Marketing; or
  • matter which it would be illegal or unlawful for Tru-Cape Marketing to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Other Parties:

You agree that the limitations of warranties and liability set out in this terms of use will protect Tru-Cape Marketing officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Tru-Cape Fruit Marketing.

Unenforceable Provisions

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

Copyright

Tru-Cape Marketing owns and retains copyright, trademarks, and all other proprietary rights in the website as well as Fruit-Full, and all content displayed on the website and or application, both presently and in the future.

Tru-Cape Marketing grants the user, a limited and revocable right to access, use, and download content of the website for personal and informational purposes only.

All proprietary rights, copyrights, and or trademarks shown in the content ( this includes but is not limited to, software, services, text, graphics, and logos) are reserved to Tru-Cape and is protected by international copyright laws. You therefore agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer or create spin offs (derivatives) based on this website or Fruit-Full. The only exception being the content published on this website and/or in the app stores maybe reproduced or distributed unmodified for personal and non-commercial use.

In-Game Currencies and Goods

The Fruit-Full mobile game includes virtual in-game currency, also known as virtual currency such as Tru-Coins, and sun points. This currency is earned in the game through completions of objectives. This currency can be used to purchase items in the game and for upgrades. The virtual currency generated in Fruit-Full can in no way be exchanged for real money, goods, other items or services of monetary value. It is prohibited for the virtual currency or items to be transferred outside the game. By downloading the Fruit-Full game you agree that the prices of items as well as process of generating virtual currency is final.

The Fruit-Full game is free to download and hence the license is limited, revocable and non-transferable and you agree that do not own them. Should an event arise that your account is limited, terminated, suspended, deleted, or Tru-Cape choses to discontinue Fruit-Full for any reason it is to Tru-Cape’s sole and absolute discretion regarding the right to manage, regulate, control, modify and or eliminate virtual currency and or virtual items. You may as a result forfeit any and all virtual currency or virtual items earned. Tru-Cape is under no obligation to compensate you or anyone else for any resulting losses.

From time to time Tru-Cape will provide opportunities to earn bonus virtual currency. There is an opportunity to earn “sun points” that will run from 25 September to 25 October 2017. To earn these “Sun Points” you will need to purchase a bag of Tru-Cape apples or pears and enter the barcode on the bag in the game under the vouchers tab when you select the Farmhouse. This is limited to a maximum of three barcodes per week and each barcode can only be entered once.

Tru-Cape will also run competitions from time to time where users stand a chance to win prizes, the terms and conditions relating to these competitions will also be posted on this site when they occur.

Rights to Content

Fruit-Full (software, including its code), communications (this includes stories, dialogues, concepts, documentation, and characters), images, sounds, audio-visual effects, virtual currency, virtual items, as well a material produced by Tru-Cape and or made available while playing Fruit-Full forms part of the definition of “content”.

Any feedback, comments or suggestions that you provide Tru-Cape regarding Fruit-Full forms part of content. You understand that Tru-Cape reserves the right to use all content for any purpose, including without limitation all commercial and or promotional use without compensation of any kind to you unless expressly stated in writing.

All content is copyrighted under copy right laws of the Republic of South Africa as well as similar laws of other jurisdictions. 

At Tru-Cape’s discretion it may monitor certain content in Fruit-Full, however can make no undertaking to monitor all content. Should you find any content that you find to be in violation of these terms or that is objectionable, contact Tru-Cape to bring to our attention. Tru-Cape may edit or remove any content posted on Fruit-Full that is found to be in breach of these terms or at Tru-Cape’s sole discretion. Tru-Cape is in no way liable for any content that is posted by users on Fruit-Full.

You agree that Tru-Cape can use tracking features to gather information relevant to this website and Fruit-Full as well as use to improve the website and Fruit-Full.

Privacy Policy and information provided

The information that you provide Tru-Cape through the use of this website as well as Fruit-Full is subject to our Privacy Policy

Use of Fruit-Full

Fruit-Full  is available for download on the app stores. The use of Fruit-Full is governed by this terms of use. You are not allowed to use or download, or install Fruit-Full if you do not agree to these terms of use.

You agree that you will not endeavour to transmit or upload viruses, adware, spyware, worms or any malicious code.

You also agree and understand that Fruit-Full may not be compatible with all forms of technology or be updated to be compatible with new technology and therefore experience may not be consistent on different platforms or technology and some features may vary between technology, devices or equipment.

User Conduct

Tru-Cape reserves the right to determine what conduct is deemed to not be acceptable within the spirit of Fruit-Full. Based on this determination Tru-Cape reserves the right to action any disciplinary actions or measures including termination and or deletion of user account and revoke access to Fruit-Full.

Further to this you agree to not:

  • transmit or post any content deemed to be offensive
  • not use any offensive language or hate speech
  • to not post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, racial or ethnically or otherwise objectionable.
  • To also not make use of alternative spelling or means to try and circumvent these restrictions listed above.
  • To post or make available any other users personal information public without that users explicit written consent.
  • To submit any false reports of abuse, or misconduct of any party and or any false feedback relating to Fruit-Full.
  • To not circumvent, disable or interfere with any security feature of Fruit-Full.
  • To transfer account to another user whether for exchange of items and or services of monetary value or any other reason.
  • To not cheat in any form or format or any other fraudulent activity.

Age Restriction

You must be 13 years old or older to access and or use this website or Fruit-Full. If you are under the age of 13, you will need the consent from your parent or legal guardian before accessing and or using this website or Fruit-Full.

Termination

Tru-Cape reserves the right to suspend or terminate your access to Fruit-Full at any time to the discretion of Tru-Cape should it be reasonably deemed that you are in violation or breech of these terms. In this event you will no longer have access to Fruit-Full and your account as well as any associated content. You will have no right, as mentioned in these terms, to the virtual currency or virtual items earned and gathered and that Tru-Cape is under no obligation to refund you for virtual currency or virtual items.

Applicable Law

This website and Fruit-Full is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of a South African High Court in the event of any dispute.

The consumer acknowledges that he/she has read these terms of use, are in agreement, understand it and that the consumer is bound by it.

If the consumer has any questions or comments, please contact us at info@tru-cape.co.za. Please also see our Privacy Policy 

Date of last modified: 21 August, 2017

Tru-Cape Fruit-Full Summer Sun Fun competition 2017/2018

By entering the Tru-Cape Fruit-Full Summer Sun Fun competition, you automatically agree to the following Terms and conditions set out below.

  1. This competition is open to all South African residents over the age of eighteen (18) years (any persons under the age of eighteen (18) must have their parent/guardian’s permission before entering). However, the following persons are not eligible to enter: directors; members; business partners; employees; sales agents; advertising agency staff; advisors; or consultants of Tru-Cape, its associated companies, service providers and the immediate family members of these persons (including their spouses, life partners, parents, children, brothers and sisters), as well as the associated companies of entities or persons mentioned in this paragraph, including holding companies and subsidiaries, their employees, agents, subsidiaries and consultants.
  2. The Competition will start on 1 December 2017 and end on 31 January 2018 No entries received after midnight on 31 January 2018 will be considered.
  3. Verified prize winners will receive a Tru-Cape Kidz soft toy set (set of 4 characters) or an Apple iPad Air 2.
  4. There will only be 501 verified prize winners. 
  5. To qualify for entry:
    1. Entrants must download Fruit-Full and connect it to Facebook, and redeem at least one barcode for sun points in Fruit-Full for entry for 1 of the 500 sets of Tru-Cape Kidz soft toys. 
    2. The entrant that earns the most “Sun Points” in the Fruit-Full game over the competition period will win the iPad Air 2 with branded cover.
    3. Entrants are only allowed one entry for the Tru-Cape Kidz soft toys draw linked to their Facebook profile as per conditions set out in above two points.
    4. Tru-Cape reserves the right to monitor sun points earned, how they have been earned and make the final decision regarding the winner of iPad Air 2 by earning the most sun points in the period.
  6. Only entries received via the Fruit-Full game app by connecting the game to Facebook in the game will be considered.
  7. Prize winners must allow thirty (30) days for delivery of prize from the end date of the competition.
  8. The 500 prize winners will be chosen through random selection with the winner of the iPad chosen based on most sun points earned during the period.
  9. The leaderboard for sun points earned will be displayed on www.playfruit-full.com and will be updated weekly.
  10. Should prize winner not respond within two weeks of notification of winning to supply prize delivery details they will forfeit the prize and a new winner will be drawn. Winners will be notified via notification of the Fruit-Full game and supply contact details via contact form provided in the game.
  11. The terms of use for the Fruit-Full mobile can be viewed on https://playfruit-full.com/terms/
  12. Tru-Cape reserves the right to choose the winners at its own discretion if needed. The judges’ decision is final and no correspondence will be entered into.
  13. The prize winners will be verified and notified within the Fruit-Full game (look for trophy icon that will display in the game). Each prize winner will be required to provide his / her physical address / postal address as well as any other details required by Tru-Cape for delivery of the prize via contact form provided in Fruit-Full.
  14. The prize is not transferable. No substitution or assignment of prize is permitted, but the organisers of the Competition reserve the right to substitute the prize with one of comparable value if required.
  15. Each winner may be required to complete and submit an information disclosure agreement to enable Tru-Cape to ensure compliance with these rules. Should the winner be found not to have complied with these rules, he/she will automatically be disqualified and the prize will be forfeited. The winners may also be required to sign acceptance of prizes and indemnity documents.
  16. By entering this competition you authorise Tru-Cape to collect, store
    and use (not share) personal information of entrants for communication or statistical purposes. You are entitled to decline any marketing communication by emailing info@tru-cape.co.za
  17. Each winner may be requested to appear on television or radio, in print publications, or online sites to endorse, promote or advertise the goods and/or services of Tru-Cape. However, the winners of the Competition shall, at any time, be entitled to decline the above request.
  18. Notwithstanding any provision of the Terms of Use, Tru-Cape reserves the right, without notice and acting reasonably, to terminate a person’s use of Tru-Cape social media platforms, and to block or prevent User’s access to the social media platforms and Competition. Tru-Cape may also terminate the User’s entitlement to any prize if they do not comply with any of these Terms of Use. Tru-Cape reserves the right, acting reasonably, to withdraw the Competition before any winners are notified if any circumstances beyond Tru-Cape’s reasonable control prevents or restricts Tru-Cape from conducting the Competition.
  19. Only South African residents may participate in the competition.
  20. For any enquiries email info@tru-cape.co.za or call 021 850 1800.