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Ecozyme is a leading manufacturer and supplier biodegradable eco-friendly  chemicals, bacterial, probiotic, microbial and enzyme products for our rapidly growing distributor network, major blue chip companies per key sector in South Africa as well as for successful export around the world.

Email Disclaimer, Terms & Conditions

This message contains information intended solely for the addressee, which is confidential or private in nature and subject to legal privilege. If you are not the intended recipient, you may not peruse, use, disseminate, distribute or copy this message or any file attached in this message. Any such unauthorized use is prohibited and may be unlawful. If you have received this message in error, please notify the sender immediately via e-mail, facsimile or telephone and thereafter delete the original message from your computer.

The views and opinions expressed in this message are those of the individual sender and do not necessarily represent the views and opinions of Ecozyme Enzymes c.c. unless subsequent or prior written confirmation is obtained from a Ecozyme Enzymes c.c. company member or authorized representative. Ecozyme Enzymes c.c. does not accept responsibility or liability for any claims, loss or damages of any nature whatsoever, arising from the contents of this message, or as a result of the reliance on such information by anyone.

While Ecozyme Enzymes c.c. is fully entitled to rely on statements attached to or made in the message and / or rely on and hold you to your warranties, offers or representations, representatives or employees of Ecozyme Enzymes c.c. may not bind Ecozyme Enzymes c.c. or conclude agreements via email unless the email is sent from an authorized representative or employee of Ecozyme Enzymes c.c. using a prior and mutually agreed upon format, the contents of which must be reduced to writing and signed by both parties.

Ecozyme’s member’s, its employees or representatives do not provide personal surety under any circumstance. By processing and delivering any supplier order, or otherwise, attached to or contained in this email you do so on the strict understanding that no personal surety is provided or any other terms exist. If a written personal surety or credit application was ever signed at any stage, this email serves as immediate termination of said personal surety and credit application. Ecozyme does not consent to additional charges incurred relating to any agreement of any nature, whatsoever.  Any orders delivered to Ecozyme will then be in agreement from the supplier that no personal surety exists and the above terms and conditions apply unconditionally with no other terms whatsoever being entered into. This above terms will supersede any existing written or verbal agreement, terms, or quotation or price list regardless of anything contained therein. If any above conditions are in dispute then the supplier is fully entitled to withhold any order before delivering.  

While every reasonable precaution has been taken, Ecozyme Enzymes c.c. cannot assure that the integrity of this communication has been maintained nor that it is free of errors, viruses, interception or interference. Ecozyme Enzymes c.c. accepts no liability or responsibility whatsoever if information or data is, for whatsoever reason, incorrect, corrupted or does not reach its intended destination.

Unless a prior agreement has been made in writing and signed by both parties, Ecozyme Enzymes c.c. will only have been deemed to have received an email when we have sent a reply in writing to you. Mail will only be constituted to have been sent to you once it reflects as a “Sent Mail” on our server.

All rights reserved.

Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Ecozyme Enzymes c.c. relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not continue to use our website.

The information contained in this website is for general information purposes only. The information is provided by Ecozyme Enzymes c.c. and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will Ecozyme Enzymes c.c. be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Neither Ecozyme Enzymes c.c. nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Ecozyme Enzymes c.c. expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.   

Through this website you are able to link to other websites which are not under the control of Ecozyme Enzymes c.c. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However Ecozyme Enzymes c.c. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Disclaimer, Terms & Conditions

Public Server Documents and Access

The documents which can be acessed via the link provided to our Public Server may only be used and accessed while exclusively purchasing and marketing Ecozyme products and services, and no other competing products and services from  any other manufacturer or reseller. This marketing material and associated pictures remains the sole and exclusive property of Ecozyme Enzymes.

Please note that the Eco-Choice logo may only be used in conjunction with the terms and conditons provided by The Heritage Environmental Programme.

The Terms and Conditions contained elsewhere on this webpage also apply where applicable.

Non Disclosure Agreement

This Agreement is entered into by Ecozyme Enzymes CC and The Person and Legal Entity Accessing the Public Server Link


1. INTERPRETATION AND DEFINITIONS


In this agreement:-


1.1. unless the context indicates a contrary intention an expression which denotes:-


1.1.1. any gender includes the other genders;


1.1.2. a natural person includes a juristic person and vice versa;


1.1.3. the singular includes the plural and vice versa;


1.1.4. the headings in this agreement are used for the sake of convenience and shall not govern the interpretation hereof;


1.1.5. words and expressions defined in any  clause,  unless  it  is  clear  from  the clause in question that the word or expression so defined has limited application to the relevant clause, shall bear the same meanings ascribed to them for all purposes in terms of this agreement;


1.1.6. where a number of  days  are  prescribed  in  this  agreement  it  shall  be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day, which is not a Sunday or public holiday;


1.1.7. in the event that the day for performance of any obligation to be performed in terms of this agreement should fall on a day which is not a Business Day, the relevant day for performance shall be the subsequent Business Day;


1.1.8. the use of the word "including" or "includes" followed by a specified example or instance shall not be construed as limiting the meaning of the general wording succeeding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples;


1.1.9. the rule of construction that the contract shall be interpreted  against  the party responsible for the drafting or preparation of the agreement, shall not apply; and


1.1.10. the interpretation, construction and effect of this agreement  and  the  rights and obligations of the Party hereto shall be governed by the laws of the Republic of South Africa.


1.2. "Business  Day" means  any  day  other  than  a  Saturday, Sunday  or  public holiday officially proclaimed as such in the Republic of South Africa;


1.3. "Confidential Information" means:-


1.3.1. information relating to either Party's existing and future strategic objectives and planning;


1.3.2. information relating to either Party's business activities, business relationships, products, formulas, services, competitors, suppliers, customers, and clients;


1.3.3. existing products, planned new products, existing patents, planned new patents, cost and selling price lists, pricing policies and financial and business information;


1.3.4. information relating to the customers of either Party, which such Party is obliged to keep confidential by virtue of its relationship with its customers;


1.3.5. information contained  in  either  Party's  software  and  associated  material documentation;

 



1.3.6. technical, scientific, commercial, financial and market information, know-how and trade secrets;


1.3.7. data concerning business relationships, demonstrations and processes;


1.3.8. plans, designs, drawings, functional and technical requirements and specifications;


1.3.9. information concerning either Party's systems, hardware and/or software, defects occurring in such systems, hardware and/or software, or the incidence of such faults or defects;


1.3.10. information concerned with discoveries, research, developments, methods, processes, procedures, improvements, "know-how" and compilations; and


1.3.11. market research, marketing techniques and plans conducted or drawn up by either Party;


1.4. "Disclosing Party" means the Party disclosing the Confidential Information;


1.5. The Disclosing Party means a  company duly registered in terms of the company laws of the Republic of South Africa, that representative having been duly authorized thereto by way of resolution;


1.6. The Receiving Party means  a  company duly registered in terms of the company laws of the Republic of South Africa, that representative having been duly authorized thereto by way of resolution;


1.7. "Parties" mean The Disclosing Party as well as the Receiving Party, and "Party" shall mean either one of them as the context indicates;


1.8. "Receiving Party" means the Party receiving the Confidential Information, and any of its subsidiaries, holding companies, manufacturing companies, trade partners, manufacturing and product development partners, or agents or suppliers based within or anywhere outside of the borders of the Republic of South Africa.


2. SUPPLY AND USE OF INFORMATION


2.1 The Parties intend to disclose their Confidential Information to each other for either the purposes of a potential business transaction involving a new product or an existing business transaction or agreement;


2.2 Both Parties therefore agree:


2.1.1 to keep each other's Confidential Information confidential;


2.1.2 not to use each other's Confidential Information except for the purpose for which such disclosure was intended;


2.1.3 not to disclose each other's Confidential Information to any third party and to use reasonable efforts to prevent any such disclosure except as expressly permitted by this agreement;


2.1.4 that  the  entering   into   of   this   agreement   and   the   furnishing   of   the Confidential Information will not constitute an offer or request of any nature whatsoever by any Party, nor form the basis of any contract and no Party is obliged by virtue of entering into this agreement or disclosing the Confidential Information to continue discussions or negotiate towards any agreement relating to the purpose or to refrain from pursuing any other transactions of a similar nature; and


2.1.5 the conclusion of the appropriate definitive agreements pertaining to the purpose, if any at all, will be covered in an additional and separate agreement between the relevant parties to such a transaction and agreement.

3. CONFIDENTIALITY


3.1 The Parties acknowledge that each other's Confidential Information is valuable, special and a unique proprietary asset to each of them.


3.2 Both  Parties  shall  protect  each  other's  Confidential  Information  through  the exercise of the precautions set

 


out in this agreement and shall use no less protection and care than they customarily use in preserving and safeguarding their  own  Confidential  Information,  which  shall  be  at  least  a  reasonable standard of care.


3.3 Both Parties shall keep  each  other's  Confidential  Information  in  a  secure environment, and not copy or use each other's Confidential Information except as is reasonably necessary in connection with furthering the purpose set out above.


3.4 The Parties agree to advise each other immediately if they  are  aware  or reasonably suspect that  the security of each other's  Confidential Information has or may be compromised in any way.


3.5 The Parties shall not utilize, exploit, reproduce, sell, copy, disclose, disseminate or transfer to any third party in whole or in part any of each other's Confidential Information except:


3.5.1 with the prior written consent of the Disclosing Party;


3.5.2 to those of its directors, contractors, advisers and employees as are or are likely to be directly concerned with furthering the purpose or incidental matters and who need to know the Confidential Information (or any part of it) for the purpose of furthering the purpose;


3.5.3 to those of its professional advisers engaged to advise in respect of the purpose and who need to know the Confidential Information (or any part of it) in order to advise the Receiving Party, provided that the Receiving Party shall procure that each of those directors, contractors, employees  and  professional advisers to whom the Confidential Information is to be disclosed is made aware of and shall undertake to adhere to the terms of this agreement as if he/she were a party to it; or


3.5.4 to the extent such  disclosure  is  required  by  any  court  of  competent jurisdiction or required or requested by a governmental or regulatory authority or where there is a legal right, duty or requirement to disclose or where disclosure is required to comply with the provisions of any law or regulation in force from time to time, provided that (and without breaching any legal or regulatory requirement) where reasonably practicable the Parties give each other not less than 2 business days' notice in writing of the requirement to make such disclosure.


3.6 Neither Party shall, without the prior written consent of the other Party, permit any third party to have access to the other Party's Confidential Information where the Receiving Party is notified, or ought reasonably to know, that such third party is, or is employed by, a direct competitor of the Disclosing Party.


3.7 Neither Party shall use the other Party's Confidential Information in any way that is directly or indirectly detrimental to the other Party, or deliberately alter its trading terms to the financial benefit of any market competitor of the other Party, or commence trading directly with any client or supplier of the other Party, or so as to procure any commercial advantage over the other Party.


3.8 The  Parties  agree  that  the  unauthorized  disclosure  of  the  other  Party's Confidential Information to a third party may cause irreparable loss, harm and damage to the other Party.   Accordingly, the Receiving Party indemnifies and holds the Disclosing Party harmless against any loss, claim, harm or damage, of whatever nature, suffered or sustained by the disclosing party pursuant to a breach by the receiving party of the provisions of this agreement.

4. DURATION


Notwithstanding anything to the contrary elsewhere contained, the Parties shall be bound by the terms of this agreement for a period of 36 (thirty six) months from the date The Public Server Link Document was emailed to the Recipient. In the case of an existing direct or indirect client and supplier relationship, the Parties shall be bound by this agreement for a period of 36 (thirty six) months from the last transaction date between the associated Parties.


5. OWNERSHIP AND RETURN OF CONFIDENTIAL INFORMATION


5.1. Notwithstanding anything to the contrary herein, each Party's Confidential Information shall remain the property of that Party, and neither Party shall acquire the right to use, or rights of ownership in, the other Party's Confidential Information except as expressly set out in this agreement.


5.2. The Disclosing Party may, at any time, request the Receiving Party to return any material containing, pertaining to or relating to Confidential Information disclosed pursuant to the terms of this agreement and may,

 


in addition request the Receiving Party to furnish a written statement to the effect that, upon such return, the Receiving Party has not retained in its possession, or under its control, either directly or indirectly, any such material.


5.3. As an alternative to the return of the Confidential Information contemplated in clause 5.2 above, the Receiving Party shall, at the written instance of the Disclosing Party, destroy such material and furnish the Disclosing Party with a written statement to the effect that all such material has been destroyed.


5.4. The Receiving Party shall comply with a request in terms of this clause, within 7 (seven) days of receipt of such a request.


6. WARRANTY


The Disclosing Party irrevocably and unconditionally warrants and represents to the Receiving Party, that to best of its knowledge the Confidential Information is true and correctly reflects what it sets out to be.


7. NOTICES AND DOMICILIUM


7.1. The Parties select as their domicilia citandi et executandi for all purposes as stipulated in clause 9 below.


7.2. Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing.


7.3. Either Party  may  by  notice  to  the  other  Party  change  the  physical  address chosen or email address  as its domicilium citandi et  executandi  to  another  address and such change shall become effective on the 21st day from the deemed receipt of the notice by the other Party.


7.4. Any notice to a Party delivered by hand to and singed-off by a responsible person during ordinary business hours at the physical address stipulated in clause 7.1 shall be deemed to have been received on the day of delivery.


7.5. Notwithstanding anything to the contrary contained herein, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.


8. GENERAL


8.1 This agreement constitutes the entire agreement between the Parties in respect of the subject matter hereof and neither Party shall be bound by any undertakings, representations, warranties or promises not recorded in this agreement.


8.2 Neither Party may cede, assign, transfer or attempt to assign or transfer its rights or obligations under this agreement without the prior written consent of the other Party. Any attempt to cede, assign or transfer rights or obligations under this agreement in violation of this clause will be void and of no force and effect.


8.3 Nothing in this agreement shall be construed as a waiver or limitation of the rights of a Party to enforce any common law or statutory right, which it may have in regard to the subject matter of this agreement.


8.4 No variation or consensual cancellation of this agreement and no addition to this agreement shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorized representatives.


8.5 No waiver of any of the terms and conditions of this agreement will be binding or effectual for any purpose unless expressed in writing and signed by the Party hereto giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.


8.6 Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be  severable  from the remaining terms and conditions, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of being amended to render it valid, the Parties agree to negotiate an amendment to remove the cause of such invalidity.

 



8.7 The Parties hereby consent and submit, to the extent legally permissible, to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg, in any dispute arising from or in connection with this agreement.


8.8 Notwithstanding  termination  of  this  agreement, any clause,  which,  from  the context,  contemplates  ongoing rights  and  obligations  of  the  Parties,  shall survive such termination and continue to be of full force and effect.


8.9 This  agreement  may  be  executed  in  counterparts  and  by  each  Party  in  a separate counterpart, each of which so executed shall be an original, but all of which shall together constitute one and the same instrument.