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CONDITIONS OF USE OF THE JESSICAHIPPO.COM WEBSITE


(A) INTRODUCTION

1. Your use of the website situated at the domain name Jessicahippo.com ("the website") and owned/administered by Tonie Joubert ("the owner") is strictly in terms of these conditions. By accessing and using this website you agree to be bound by the conditions of use contained in this policy. If you do not wish to be bound by the conditions use in this policy you may not proceed to make use of the website in any manner or form.

2. The owner may amend these conditions of use from time to time without prior notice to you. Such changes will be posted on the website at this location and shall be effective immediately thereafter. Your continued use of the website after the posting of such changes will constitute your agreement to be bound by the amended conditions of use.

(B) USE

RESPONSIBLE USE

3.You agree to act responsibly when using the website.

LEGAL USE

4.Your use of the website shall not be for any purpose that may be illegal in South Africa or within the jurisdiction from which you are accessing the website.

VIRUSES

5.You may not introduce viruses or anything of a nature that may damage the website or the systems on which it runs, or place unreasonable burdens on the website or its systems, or interfere with the website or its systems or attempt to gain access to any restricted areas of the website.

COLLECTION OF DATA

6.You may not collect any information of any kind about users of the website or the owner without their prior consent.

(C) LIMITATION OF LIABILITY AND WARRANTIES

7. The website, its performance, and all the information contained herein or accessed from the website, is provided to you on an “as is basis”, without warranties of any kind.

8. Without affecting the generality of the above, subject to the Provisions of the Electronic Communications and Transactions Act, 2003 (“the ECT Act"), the owner, its partners, officers, directors, employees, agents, affiliates and subsidiaries do not make any warranty or representation as to the accuracy, completeness or legality of the website or its contents and accordingly assume no liability in regard thereto, and you indemnify them from all liability arising from your use of the website with regards to any claim or loss, inclusive of legal fees.

9. Without affecting the generality of the above, although the owner takes all reasonable steps to ensure that the website is virus free, it cannot guarantee or warrant that it is virus free when it is downloaded by you. The owner does not accept liability for any damages of any kind that may be suffered by you as a result of your use of the website affecting the integrity of your system or that of any third party due to viruses or for any other reason.

(D) INTELLECTUAL PROPERTY RIGHTS

10. This website and its contents are subject to intellectual property rights that are owned by the owner and/or third parties. You must exercise respect for such intellectual property rights when using the website. The website's contents may be used for personal and/or non-commercial purposes only.

11. You may not adapt the content of the website or create derivative works there from, nor may you distribute or publish any such content by whatever means including, but not limited to, the performance, broadcast, sale, leasing or reproduction thereof.

12. You may not link to or frame the content of the website from the home page, unless having obtained prior written permission from the owner to do so.

13. The website contains the trademarks of the owner and/or third parties. You are not entitled to make use of any of the trademarks, logos or service marks, other than for personal use whilst visiting the website. The use of trademarks on this website as met tags on other websites is prohibited.

(E) MONITORING

14. Although the owner does not always monitor your use of the website, it reserves the right to do so, and by your use of the website you consent to such monitoring.

(F) APPLICABLE LAW

15. You agree that all matters governing your use of the website shall be governed by South African law. You also agree that all claims arising out of the use of the website will be heard in South Africa and you consent to the jurisdiction of the South African courts.

16. If you have accessed this website from outside of South Africa it is your responsibility to ensure that you comply with the relevant laws of your jurisdiction and you warrant that you are familiar with such laws.

(G) CONFIDENTIALITY

17. Every effort is made to ensure the confidentiality of any information provided by you. However, the transmission of data over the Internet may not be secure and the owner does not accept any liability whatsoever for any invasion of privacy suffered by you as a result of any transmissions over the Internet.

(H) ARBITRATION

18. Any dispute of whatsoever nature arising out of your use or contribution to the website shall be resolved by way of arbitration in South Africa according to the rules of the Arbitration Foundation of South Africa. The arbitrator shall be chosen by the Arbitration Foundation of South Africa and the arbitrator's decision shall be final and binding on both parties.

(I) THIRD PARTY CONTENT

THIRD PARTY CONTENT GENERALLY

19. The owner does not endorse third party content or the information, goods or services provided by such persons on the website. The owner makes no warranties with regard to your use of such information, goods or services and assumes no liability in regard thereto.

20. The owner does not endorse any information, goods or services that may be contained on another website to which a link is provided.

 

CONTRIBUTIONS

21. The owner does not always monitor the website in relation to the content of any postings, although it reserves the right to do so, and does not assume any liability for such monitoring. However, should you contravene any of the conditions of use the owner may, in its discretion take down any matter placed on the website by you, whether a contravention of the conditions of use has been proved or not.

22. You warrant that you will not place any statement or other matter on the website that is defamatory, false, obscene, profane, inaccurate, pornographic, abusive threatening, harmful or offensive or that may be considered to be propaganda for war, or the incitement of violence or the advocacy of hatred based on race, ethnicity, gender or religion.

23. By contributing to the website you grant the owner full intellectual property rights with respect to such contribution, including, but not limited to, the right to use, reproduce, distribute, publish, adapt, transfer or use commercially such contribution.

(J) E-COMMERCE

24. By using the website you warrant that you are legally capable of entering into any contract that may be concluded on the website. If you are a minor, you must obtain the permission of your legal guardian to use the website in accordance with these conditions of use and you must obtain the assistance of your guardian when entering into any contract.

25. A detailed description of the goods/services offered on the website and the full price of the goods/services (including transport costs and any other fees/costs) are displayed with the various goods/services on the website.

26. VAT at the rate of 14% will be charged on items bought by customers resident in South Africa.

27. Payment can only be made through PayPal, via credit card, electronic transfer or through your existing PayPal account if you are an existing PayPal customer.

28. PayPal automatically encrypts your confidential information in transit from your computer to PayPal using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available). For more information please go to www.paypal.com

29. The delivery time in respect of the items advertised on the website are specified with such items on the website.
30. Deliveries to destinations outside of South Africa will take up to 30 days

31. Although all reasonable steps are taken by the website owner to ensure goods/services bought via the website are delivered in good order, neither the website owner, nor its agents or representatives will be liable for the loss of or damage to any goods/services that are sold on this website.

32. Neither the website owner nor its agents or representatives will be liable to you or a third party for loss damage or liability that may arise from the use or misuse of the goods/services that may be sold on the website.

33. Due to this being an e-commerce site, you agree to:
provide accurate, complete and up to date information about yourself when required to register; and
update the information provided by you should any such information be subject to change.

34. The website owner reserves the right to close your account if there are reasonable grounds to believe that the information provided by you is not accurate, complete or up to date.

35. It is your responsibility to keep any password given to you as a result of your registration with the website confidential and the website owner does not accept liability for any unauthorized use of your password and you indemnify the owner in regards thereto. You agree that any use of the website under your password will be attributed to you.

36. You are entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply of goods or services within seven days after the date of the receipt of the goods or services or within seven days after the date of the conclusion of the agreement. However you will be responsible for the cost of returning the goods or services. If payment for the goods or services has been effected you will be entitled to a full refund of such payment within 30 days of the date of cancellation. In terms of section 42 of the ECT Act, this clause does not relate to an electronic transaction:
for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
by way of an auction;
for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer;
for services which began with the consumer's consent before the end of the seven-day period referred to in section 44 (1);
where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
where the goods-
are made to the consumer's specifications;
are clearly personalized;
by reason of their nature cannot be returned; or
are likely to deteriorate or expire rapidly;
where audio or video recordings or computer software were unsealed by the consumer;
for the sale of newspapers, periodicals, magazines and books;
for the provision of gaming and lottery services; or
for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.