TERMS AND CONDITIONS
This document sets out the terms and conditions (“Terms”) of [VFexclamation PTY LTD, Colab, South Park, 3 Fir Street, Observatory, Cape Town and company registration number 2018/080175/07 of the Service Provider] (“Service Provider” or “we/us/our” as the context dictates) pertaining to the access and use of the information, products, services and functions provided on www.v-f-g.com (“Website”).
Should any person that accesses the Website you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
The Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
Users may only use this site to browse the content and make legitimate purchases. Users are not to use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase(s).
This site and the content provided herein may not be copied, reproduced, republished, uploaded, posted, transmitted or otherwise distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is also strictly prohibited.
Any unauthorised use of this site and/or the materials contained herein may constitute legal violations, and as such, the appropriate legal actions will be taken against unlawful users.
Risk, limitation of liability and indemnity
The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by the user as a result thereof. We reserve the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.
To the extent permissible by law:
– Neither we, our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if service provider knows
or should reasonably have known or is expressly advised thereof.
– Our liability for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to us rectifying the malfunction, within a reasonable time and free of charge, provided we are notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without our prior written approval. However, in no event shall we be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
– You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by service provider or instituted against service provider as a direct or indirect result of:
Your use of the website:
– software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or knowledge;
– your failure to comply with any of the terms or any other requirements which we may impose from time to time;
– the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
– any unavailability of, or interruption in, the service which is beyond our control.
We make no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against us for any LOSS suffered by you, as a result of information supplied by us being incorrect, incomplete or inaccurate.
Content of website:
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modifications to or withdrawal of this Website, and/or alter these Conditions from time to time, and your continued use of this Website (or any part hereof) following such change shall be deemed to be your acceptance of such alterations. It is your responsibility to check regularly to determine whether these conditions have been changed. If you do not agree to any changes to these Conditions then you must immediately stop using this Website.
We will use our reasonable endeavors to maintain this Website. This Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
We may use the services of third parties to provide information on the Website. We have no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
We make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
– We do not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
– whilst we have taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
– We disclaim any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.
Third Party Links:
We may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and we do not endorse, nor does the inclusion of any link imply our endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
While we try to provide links only to reputable websites or online partners, we cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of us. We are not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentation or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
The user hereby agrees that it shall not itself, nor through a third party:
– copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
– decompile, disassemble or reverse engineer any portion of the Website;
– write and/or develop any derivative of the Website or any other software program based on the Website;
– modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be our property;
– without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
– remove any identification, trademark, copyright or other notices from the Website;
– post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
– notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
In order to ensure the security and reliable operation of the services to all our users, we hereby reserve the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Website in any manner which may compromise the security of our networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, civil damages shall be claimed by us against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and its affiliates, agents and/or partners.
Intellectual property rights:
For the purpose of this clause, the following words shall have the following meanings ascribed to them:
– “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by us, now or in the future, including without limitation, our rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
– All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, us and as such are protected from infringement by local and international legislation and treaties.
– By submitting reviews, comments and/or any other content (other than your personal information) to us for posting on the Website, you automatically grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
– All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
– Except with our express written permission, no proprietary material from this Website may be copied or retransmitted.
– Irrespective of the existence of copyright, the user acknowledges that we are the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
– We authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
By using this site, you consent to receiving electronic communications from us relating to a) your account, and b) products and services. These communications may involve sending emails to your email address (and/or any other contact details provided during registration, or posting communications on this site, or in the “My Account” page or on us’s social media properties) and will include notices about your account (e.g. payment authorisations or change in password, confirmation e-mails and other transactional information) and are part of your relationship with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters, special offers, member surveys and promotional announcements via email or other methods
This site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time of access; the pages that you access, and the internet address of the website from which you linked directly to our site. This information is used to help improve the site, analyze trends, and further administer this site. We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone else.
Your continued use of this website following the posting of changes to these terms will mean that you accept those changes. You agree not to use the site or any materials you may obtain through the site in a manner that violates any law. You also agree not to use the site to stalk, harass, or harm another individual, to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
Full name: VFexclamation PTY LTD
Registration number: 2018/080175/07
Physical address: Black River Park South, 7th Floor Colab, 2 Fir Street, Observatory, Cape Town 7925
Fax number: n/a
Telephone number: 021 447 0404
Website address: www.v-f-g.com
E-mail address: email@example.com
Names of office bearers: Scott Adcock (Shareholder/Director)
Registered at: Western Cape
We have the right, but not the obligation, to monitor any activity and content associated with this Website. Accordingly, we may investigate any reported violation of these Conditions or complaints and take any action that we subsequently deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from this Website).
These Conditions will be exclusively governed by and construed in accordance with the laws of South Africa, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
This Website is controlled, operated and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
Service Provider’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior writtenconsent of Service Provider.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof
Updating of these Terms and Conditions:
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time and without prior notice. Alterations to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s responsibility to periodically check these Terms and Conditions on this Website for changes or updates.
The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such alterations.
I understand that all of the images, designs and trademarks are registered to us and its associates, and hereby accept these Terms and Conditions.
I undertake not to copy/duplicate these elements either directly or indirectly in any way and understand the legal implications of doing so. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by us for any civil action or any legal action deemed necessary against me.