|
Terms and Conditions of Use
Agreement
PLEASE READ THE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to our customers, and by using
our site you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms and
conditions carefully, and check them periodically for changes. If
you do not agree to the terms and conditions, you should not review
information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18
YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON
OUR SITE.
-
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and
Conditions of use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
-
Copyright. The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials.
-
Fraud: By
becoming a member, you confirm that the information provided in
this form is true and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership
can be cancelled without notice if it is determined that false
or misleading information has been provided, the Terms and
Conditions of use have been violated, or other abuses have
occurred as determined by “Bowline Fulfilment(Pty)Ltd”
in its sole discretion. If membership has been revoked,
“Bowline Fulfilment(Pty)Ltd” reserves the right to
refuse application or readmission to the membership program.
-
Limited Right to Use.
The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal
use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use.
No part of any content, form or document may be reproduced in
any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
-
Editing, Deleting and
Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site, including this Agreement, without
further notice to users of the Site.
-
Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
-
Nontransferable.
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents is not
transferable and may only be used by you.
-
Disclaimer. THE
INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF
ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
-
Limits. All
responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum
liability to you under all circumstances will be equal to the
purchase price you pay for any goods, services or information.
-
Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
-
Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate
or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to
the transactions entered into between you and Merchants. YOU
AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
-
Third-Party Merchant
Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to
you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
-
Privacy Policy.
Our Privacy Policy
ß
“Make “Privacy Policy a hyperlink to your privacy policy
page”, as it may change from time to time, is a part of
this Agreement.
-
Payments. You
represent and warrant that if you are purchasing something from
us or from our Merchants that (i) any credit card information
you supply is true, correct and complete, (i) charges incurred
by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
-
Securities Laws.
This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as
our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of
assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used
on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions
are intended to identify forward-looking statements designed to
fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale
of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
-
Links to Other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you
do so at your own risk.
-
Submissions. All
suggestions, ideas, notes, concepts and other information you
may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not
be subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and
hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the
Submissions for any purpose, without compensation to the
provider of the Submissions.
-
Return Policy.
Due to the nature of our online site, and the products listed,
we “Bowline Fulfilment(Pty)Ltd” have a strict NO
RETURN policy for any product. No product shall be able to be
returned for a like item, or for a cash refund.
-
Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY
SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF SOUTH AFRICA, WESTERN CAPE OR THE SOUTH AFRICAN DISTRICT COURT FOR THE
DISTRICT OF “WESTERN CAPE” . YOU ARE EXPRESSLY
SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY
ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY
CLAIM THAT CAPE TOWN ,WESTERN CAPE OR THE DISTRICT OF CAPE TOWN
IS AN INCONVENIENT
FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is
created and controlled by “Bowline Fulfilment(Pty)Ltd”.
As such, the laws of “CAPE TOWN” will govern the
terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of
conflicts of laws.
-
Lapsed Accounts: In order to keep “Bowline
Fulfilment(Pty)Ltd” membership roster current, if a
Member does not access his or her account for a period of “60”
days or more, “Bowline Fulfilment(Pty)Ltd” may, in
its sole discretion, terminate such Member's account. “Bowline
Fulfilment(Pty)Ltd” will endeavor to notify a Member of
“Bowline Fulfilment(Pty)Ltd” intent to terminate
such Member's account by notice to such Member's provided email
address at least “10” days prior to deactivation.
If the Member fails to respond to such email notice with “20”
days after the day it is sent by “Bowline
Fulfilment(Pty)Ltd”, such Member's account will be
terminated as noted above. Therefore, “Bowline
Fulfilment(Pty)Ltd” strongly recommends that all Members
keep their accounts and contact data current and in use. While “Bowline
Fulfilment(Pty)Ltd” desires to prevent active accounts
from being terminated prematurely, “Bowline
Fulfilment(Pty)Ltd” has no obligation to maintain
accounts that appear to “Bowline Fulfilment(Pty)Ltd”
to have been abandoned. Each Member agrees that failure to
access his or her account for “60” days or more
conclusively indicates that such Member's account has been
abandoned and that the account may therefore be terminated.
-
Verify Members' Address: “Bowline
Fulfilment(Pty)Ltd” reserves the right to contact a
Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed
to provide the Member with the information he or she requested
from “Bowline Fulfilment(Pty)Ltd”.
Please contact us for further information by clicking here [contact
us]
|
