9.1. Unless we seek your express prior consent, we will only collect, store, use and otherwise process the personal information you provide to us to make available this Website and its features to you, and to fulfil any Orders.
9.2. We may collect and analyse aggregate, non-personally identifiable data pertaining to the access and use of our Website.
9.3. You consent to us disclosing the necessary personal information to our nominated payment gateway provider and courier delivery company to enable us to collect payment and procure delivery respectively.
9.5. While we will take such care as required by applicable law to protect your personal information, we do not undertake that our Website and your personal information can never be compromised. There is a risk inherent in the use of Internet-based technologies which you acknowledge and accept.
10. Intellectual property rights
10.1. For purposes of this clause, the term “Intellectual Property” means all intellectual property and similar proprietary rights, howsoever arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trade marks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets goodwill and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives and embodiments of the aforegoing.
10.2. The Intellectual Property pertaining to this Website is owned by us (and our licensors, to the extent applicable). You are authorised to view the content published on this Website only for purposes of making use of the Website as permitted by these Terms and for no other reason whatsoever.
11. Third-Party Content
11.1. We may provide links to other third-party websites and content (herein “Third-Party Content”) on this Website.
11.2. You acknowledge and agree that such Third-Party Content is outside of our control and accordingly that we shall not have any duty and liability in respect thereof.
12. Disclaimers, limitations of liability and indemnities
12.1. We do not warrant or represent that this Website will be error free.
12.2. We do not warrant or represent that this Website will always be accessible.
12.3. To the maximum extent permitted by applicable law, we will not be liable for any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your use of this Website or the purchase and use of any Goods, unless to the extent expressly stated otherwise in these Terms.
12.4. To the maximum extent permitted by applicable law, you agree to indemnify us from any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your breach of these Terms.
13. Notices and address for service
13.1. Each of us hereby choose as its address for service and receipt of notices (i.e. domicilia citandi et executandi) for purposes under this Agreement, whether in respect of judiciary process or otherwise, our nominated physical address or email address (hereafter each a “Notice Address”) being in our case of the details provided in these Terms and in your case the current Notice Address(es) you have on your profile with us. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 13.
13.2. Any notice served on a Notice Address before 17h00 in the recipient’s time zone shall: if delivered by hand, be deemed to have been received on the day of delivery; or if sent by email, be deemed to have been received on the date when it is capable of retrieval by the recipient.
13.3. In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient’s time zone, then delivery shall be deemed to have taken place on the next day.
13.4. A delivery or read receipt generated by a sender’s email client shall constitute face value (i.e. prima facie) proof of the message being capable of retrieval by the recipient.
14.1. For purposes of these Terms:
14.1.1. “Business Day” means any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
14.1.2. any reference to a statute or other regulatory enactment is to that statute or other regulatory enactment as amended or re-enacted from time to time;
14.1.3. when any number of days is prescribed, it will be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day will be the following Business Day;
14.1.4. where figures are referred to in numerals and in words, if there is any conflict between the two, the words will prevail;
14.1.5. the rule of interpretation that a contract will be interpreted against the party responsible for the drafting and preparation thereof will not apply;
14.1.6. unless the context shows otherwise, a clause which includes a specific example or examples will not be construed as limiting the meaning of the general wording preceding it; and
14.1.7. the termination or expiry of these Terms will not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.
15.1. Applicable law. This Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. Unless and to the extent expressly agreed otherwise in this Terms, the we agree that the High Court of South Africa, Western Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Terms.
15.2. Whole agreement. This Terms constitutes the whole agreement between us as to the subject matter hereof. None of us shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Terms.
15.3. Severability. Each provision of these Terms is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of these Terms will remain binding and continue with full force and effect.
15.4. Cost of legal services. Each of us will pay its own costs and expenses incurred by it in connection with the negotiation, drafting, re-drafting, entering into and implementation of legally binding documents. Should any one of us instruct attorneys to take any steps to enforce any rights in terms of this Terms arising from a breach thereof, then the breaching party shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.