Welcome to Heckers Garden Centre’s website located at www.heckers.co.za. These Terms and Conditions govern your access to and use of our website. By accessing or using our website, you agree to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, please do not use our website.

1. Use of Website

a. Access: You may access our website for your personal, non-commercial use.

b. Prohibited Activities: You agree not to:

• Use our website in any unlawful manner or for any unlawful purpose.
• Attempt to gain unauthorized access to any portion of our website or any systems or networks connected to our website.
• Interfere with or disrupt the operation of our website or the servers or networks used to make our website available.
• Engage in any activity that could harm or damage our website or interfere with others’ access to our website.

2. Intellectual Property

a. Ownership: All content, trademarks, logos, and other intellectual property displayed on our website are the property of Heckers Garden Centre or third parties. You may not use or reproduce any such content without our prior written consent.

b. License: Subject to your compliance with these Terms and Conditions, Heckers Garden Centre grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal, non-commercial use.

3. Limitation of Liability

a. Disclaimer: The information on our website is provided on an “as is” and “as available” basis. We do not make any representations or warranties of any kind, express or implied, regarding the operation of our website or the accuracy, completeness, or reliability of any information provided on our website.

b. Limitation of Liability: To the fullest extent permitted by law, Heckers Garden Centre shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, lost revenue, lost data, or other intangible losses, arising out of or in connection with your use or inability to use our website.

4. Indemnification

You agree to indemnify and hold Heckers Garden Centre, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of our website or your violation of these Terms and Conditions.

5. Modifications to Terms and Conditions

Heckers Garden Centre reserves the right to modify or revise these Terms and Conditions at any time without prior notice. By continuing to use our website after any such changes, you agree to be bound by the revised Terms and Conditions.

6. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in South Africa.

7. Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

Heckers Garden Centre
1 Kirschner Rd, Westwood AH
Boksburg, 1459
Email: [email protected]
Phone: 011 894 3643

These Terms and Conditions constitute the entire agreement between you and Heckers Garden Centre regarding your use of our website. Please read and understand these Terms and Conditions before using our website.

Chilli Fest Competition

1, the undersigned participant in this eating contest, known as Heckers Pod challenge, I the

(“Contest”), hereby stipulate that

I am 18 years of age or older and I have a valid photo identification to prove my age which I will furnish to the Contest organizers upon request. I agree to abide by all Contest rules, to compete in a safe and reasonable manner, and to accept all judges’ rulings.

I understand the health and associated risks inherent in eating contests containing Capsaicin and in the consumption of large quantities of food and calories over both short and extended periods of time.

I agree to cooperate and speak with media and interviewers authorized by the Contest organizers regarding the Contest, and I agree to grant and release all rights on my name, likeness, image, performance and interviews before, during or after the Contest for use by the Contest organizers, their sponsors and licensees, in any and all media in perpetuity and for any and all purposes whatsoever.

I also hereby waive, on behalf of myself, successors, heirs and assigns and anyone else claiming under me or on my behalf, all ownership or other property rights to my performance in the Contest and all related activities in perpetuity in all media whatsoever.

I expressly understand that entry and participation in the Contest and all related events and activities, including, without limitation, travel to the Contest and time spent in and around the area of the Contest, interviews with and possibly negative portrayals by the media, and my performance in the Contest, shall be at my own risk and I assume sole and complete responsibility and liability for all such risks.

I, on behalf of myself, my successors, heirs and assigns and anyone else claiming under me, hereby completely, irrevocably and unconditionally release and discharge all sponsors and the Organizers from any and all claims, liabilities, damages, losses, expenses, suits, discrimination or other charges, demands, debts, liens, damages, costs, attorneys’ fees, prejudgment or other interest, grievances, injuries, actions or rights of action of any nature whatsoever now or in the future arising in any way out of or in connection with the Contest.

Participating in any activity is an acceptance of some risk of injury. I agree that my safety is primarily dependent upon my taking proper care of myself. I assume all risks related to the activities. In case of an emergency, I do hereby authorise and consent to any medical treatment or care deemed advisable

I fully acknowledge and understand that I do not have any right to participate in this Contest and related activities and I am being permitted to participate in consideration of my execution of this document. If it were not for my agreement to execute this document, I acknowledge that I would not be permitted to participate.