Terms & Conditions
TERMS AND CONDITIONS
Last updated
[June 26, 2020]
AGREEMENT TO TERMS
These Terms of Use constitute
a legally binding agreement made between you, whether personally or on behalf
of an entity (“you”) and Technology Galore (pty) ltd (“we,” “us” or “our”), concerning your access to and use of the
www.technologygalore.co.za website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
You agree that by accessing
the Site, you have read, understood, and agree to be bound by all of these
Terms of Use, which were created using Termly’s terms and conditions generator. If you do not agree with all of these Terms
of Use, then you are expressly prohibited from using the Site and you must
discontinue use immediately.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason.
We will alert you about any
changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change.
It
is your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on
the Site is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.
Accordingly, those persons
who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
[The Site is intended for
users who are at least 13 years of age.] All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use
the Site. If you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated,
the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of South
Africa, foreign jurisdictions, and international conventions.
The Content and the Marks are
provided on the Site “AS IS” for your information and personal use only. Except
as expressly provided in these Terms of Use, no part of the Site and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
USER REPRESENTATIONS
By using the Site , you
represent and warrant that:
(1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
(3) you have the legal
capacity and you agree to comply with these Terms of Use;
[(4) you are not under the
age of 13];
(5) you are not a minor in
the jurisdiction in which you reside[, or if a minor, you have received
parental permission to use the Site];
(6) you will not access the
Site through automated or non-human means, whether through a bot, script or
otherwise;
(7) you will not use the Site
for any illegal or unauthorized purpose;
(8) your use of the Site will
not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to
register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
PRODUCTS
[We make every effort to
display as accurately as possible the colors, features, specifications, and
details of the products available on the Site. However, we do not guarantee
that the colors, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and details of
the products.]
All products are subject to
availability[, and we cannot guarantee that items will be in stock]. We reserve
the right to discontinue any products at any time for any reason. Prices for
all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms
of payment: Pay fast, cash and EFT. You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the Site.
You further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in South African Rands.
You agree to pay all charges
at the prices then in effect for your purchases and any applicable shipping
fees, and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order.
[If your order is subject to
recurring charges, then you consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order.] We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to
refuse any order placed through the Site. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
[RETURN/REFUNDS] POLICY
[All sales are final and no
refund will be issued./Please review our Return Policy posted on the Site prior
to making any purchases].
PROHIBITED ACTIVITIES
You may not access or use the
Site for any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you
agree not to:
1.
systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2.
make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
3.
use a buying agent or purchasing agent to make
purchases on the Site.
4.
use the Site to advertise or offer to sell goods
and services.
5.
circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
6.
engage in unauthorized framing of or linking to
the Site.
7.
trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords;
8.
make improper use of our support services or
submit false reports of abuse or misconduct.
9.
engage in any automated use of the system, such
as using scripts to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools.
10.
interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
11.
attempt to impersonate another user or person or
use the username of another user.
12.
sell or otherwise transfer your profile.
13.
use any information obtained from the Site in
order to harass, abuse, or harm another person.
14.
use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
15.
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
16.
attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of the Site.
17.
harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Site to you.
18.
delete the copyright or other proprietary rights
notice from any Content.
19.
copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
20.
upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
21.
upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
22.
except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23.
disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24.
use the Site in a manner inconsistent with any
applicable laws or regulations.
25.
[other]
USER GENERATED
CONTRIBUTIONS
The Site may invite you to
chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions").
Contributions may be viewable
by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1.
the creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2.
you are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of Use.
3.
you have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions
to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
4.
your Contributions are not false, inaccurate, or
misleading.
5.
your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6.
your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7.
your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8.
your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm
against another.
9.
your Contributions do not violate any applicable
law, regulation, or rule.
10. your
Contributions do not violate the privacy or publicity rights of any third
party.
11. your
Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12. your
Contributions do not violate any federal or state law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13. your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions
to any part of the Site [or making Contributions accessible to the Site by
linking your account from the Site to any of your social networking accounts],
you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will apply to any
form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible
for your Contributions to the Site and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our
sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on
the Site to leave reviews or ratings. When posting a review, you must comply
with the following criteria:
(1) you should have firsthand
experience with the person/entity being reviewed;
(2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not
contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not
contain references to illegal activity;
(5) you should not be
affiliated with competitors if posting negative reviews;
(6) you should not make any
conclusions as to the legality of conduct;
(7) you may not post any
false or misleading statements;
(8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners.
We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a
mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms of
Use.
You shall not:
(1) decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the
application;
(2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application;
(3) violate any applicable
laws, rules, or regulations in connection with your access or use of the
application;
(4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the application;
(5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended;
(6) make the application
available over a network or other environment permitting access or use by
multiple devices or users at the same time;
(7) use the application for
creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application;
(8) use the application to
send automated queries to any website or to send any unsolicited commercial
e-mail;
(9) use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply
when you use a mobile application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to
you for our mobile application is limited to a non-transferable license to use
the application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service;
(2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile application
license contained in these Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile application;
(3) in the event of any
failure of the mobile application to conform to any applicable warranty, you
may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;
(4) you must comply with
applicable third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the mobile application;
(5) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms of Use,
and that each App Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile application
license contained in these Terms of Use against you as a third-party
beneficiary thereof.
SOCIAL MEDIA
As part of the functionality
of the Site, you may link your account with online accounts you have with
third-party service providers (each such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of each
Third-Party Account.
You represent and warrant
that you are entitled to disclose your Third-Party Account login information to
us and/or grant us access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party service provider of
the Third-Party Account.
By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make available,
and store (if applicable) any content that you have provided to and stored in
your Third-Party Account (the “Social Network Content”) so that it is available
on and through the Site via your account, including without limitation any
friend lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your account on the
Site. Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be
available on and through the Site.
You will have the ability to
disable the connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review
any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site.
You can deactivate the
connection between the Site and your Third-Party Account by contacting us using
the contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY WEBSITES AND
CONTENT
The Site may contain (or you
may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content").
Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content.
Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be
aware these Terms of Use no longer govern.
You should review the
applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party.
You agree and acknowledge
that we do not endorse the products or services offered on Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.
SITE
MANAGEMENT
We reserve the right, but not
the obligation, to:
(1) monitor the Site for
violations of these Terms of Use;
(2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities;
(3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof;
(4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems;
(5) otherwise manage the Site
in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.
PRIVACY POLICY
We care about data privacy
and security. Please review our Privacy Policy posted on the Site. By using the
Site, you agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site is hosted in South Africa.
If you access the Site from
the European Union, Asia, or any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in South Africa, then through your continued use of the
Site, you are transferring your data to South Africa, and you expressly consent
to have your data transferred to and processed in South Africa.
[Further,
we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the SA Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the requisite and
verifiable parental consent, we will delete that information from the Site as
quickly as is reasonably practical.]
COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification.
Please be advised that
pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.]
TERM AND TERMINATION
These Terms of Use shall
remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
[YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site
will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time or for
any reason without notice to you.
You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or releases
in connection therewith.
GOVERNING LAW
These Terms of Use and your
use of the Site are governed by and construed in accordance with the laws of
South Africa applicable to
agreements made and to be entirely performed within the State/Commonwealth of South
Africa, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Option 1: Any legal action of whatever nature brought by
either you or us (collectively, the “Parties” and individually, a “Party”)
shall be commenced or prosecuted in the state and federal courts located in
South Africa County, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts.
Option 2: Informal
Negotiations
To expedite resolution and
control the cost of any dispute, controversy, or claim related to these Terms
of Use (each a "Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least ____90__ days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Option
2/Option 3: Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
CORRECTIONS
There may be information on
the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of
Use; (4) any breach of your representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Site with whom you connected via the Site.
Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of
it.
USER DATA
We will maintain certain data
that you transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using the
Site.
You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us
emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE.
You hereby waive any rights
or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any
policies or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision.
These Terms of Use operate to
the fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control.
If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Site.
You agree that these Terms of
Use will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to execute these
Terms of Use.
CONTACT US
In order to resolve a
complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
Technology Galore
0A Richard road,
Johannesburg, South Africa, 2055
0620167209
sales@technologygalore.co.za
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