LIABILITIES REGARDING USE OF THE WEBSITE
The User makes use of this Website at his own risk.
The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. the Merchant makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
To the extent permitted by law, the liability of the Merchant for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
Notwithstanding anything to the contrary contained in these Terms, the Merchant shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies the Merchant and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
The Merchant will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of the Merchant.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of the Merchant in any way which would be illegal for the Merchant to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of the Merchant.
The Merchant reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of the Merchant unless otherwise stated.
The Website may contain links to other websites. the Merchant has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
The User may not link to this Website without the Merchant’s prior consent.
The Merchant is hereby indemnified from and against any and all loss by any person, which results from a breach of these representations or warranties.
The Merchant may from time to time process information about the User. The User acknowledges that by using the Website and placing any orders, the User consents to any processing or storage of such information and warrants that any and all data provided is up-to-date and accurate.
The User consents to the Merchant processing and using the User’s Information in order for the Merchant to send communications to the User, including newsletters, marketing material and information about the Merchant’s products and promotions.
If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, the Merchant shall be entitled to assume that such use and all related communications emanate from the User. The Merchant shall not be liable for any loss or damage arising from unauthorized use of the User’s identification information.
In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to the Merchant with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. the Merchant may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies the Merchant from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. The Merchant does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
The Website is owned by the Merchant and the User acknowledges that the Merchant and/or its licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website.
The content of the Website is protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The User may not use or copy any of the Intellectual Property or any other intellectual property, content or material on the Website without the Merchant’s prior written consent.
The User shall not infect the Website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the User damage, interfere with or intercept any data or information contained on the Website.
Although the Merchant and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, the Merchant does not warrant that the Website is free of malicious content or viruses and the Merchant will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
The User warrants that he will not use the Website in any manner that will break any law or cause any annoyance, unnecessary anxiety or inconvenience to any person.