Terms & Conditions
Montezz
Online Market , this is our website www.montezzonlinemarket.co.za
and these are our legal
terms, including our:
CONDITIONS OF USE
(1) Introduction
These terms of use govern your use of
our website; by using our website, you agree to these terms of use in full. If
you disagree with these terms of use or any part of these terms of use, you
must not use our website.
You must be at least [18] years of
age to use our website. By using our website and by agreeing to these terms of
use, you warrant and represent that you are at least [18] years of age.
Our website uses cookies. By using
our website and agreeing to these terms of use, you consent to our use of
cookies in accordance with the terms of our privacy policy / cookies policy.
(2) Licence to use
website
Unless otherwise stated, we or our
licensors own the intellectual property rights in the website and material on
the website. Subject to the licence below, all these intellectual property rights
are reserved.
You may view, download for caching
purposes only, and print pages from the website for your own personal use,
subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
- republish
material from this website including republication on another website;
- sell,
rent or sub-license material from the website;
- show
any material from the website in public;
- reproduce,
duplicate, copy or otherwise exploit material on our website for a
commercial purpose;
- edit or
otherwise modify any material on the website; or
- redistribute
material from this website [except for content specifically and expressly
made available for redistribution such as our newsletter.
Where content is specifically made
available for redistribution, it may only be redistributed within your
organisation.
(3) Acceptable use
You must not use our website in any
way that causes, or may cause, damage to the website or impairment of the
availability or accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity.
You must not use our website to copy,
store, host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic
or automated data collection activities (including, without limitation, scraping,
data mining, data extraction and data harvesting) on or in relation to our
website without our express written consent.
You must not use our website to
transmit or send unsolicited commercial communications.
You must not use our website for any
purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our
website is restricted. We reserve the right to restrict access to other areas
of our website, or indeed our whole website, at our discretion.
If [we provide you with / you
generate] a user ID and password to enable you to access restricted areas of
our website or other content or services, you must ensure that the password is
kept confidential.
You must notify us in writing
immediately if you become aware of any unauthorised use of your account or
password.
You are responsible for any activity
on our website arising out of any failure to keep your password confidential
and may be held liable for any losses arising out of such a failure.
You must not use any other person's
user ID and password to access our website [unless you have that person's
express permission to do so].
We may disable your user ID and
password at any time in our sole discretion with or without notice or
explanation.
(5) User content
In these terms of use, "your
content" means material (including, without limitation, text, images,
audio material, video material and audio-visual material) that you submit to
our website, for whatever purpose.
You grant to us a worldwide, irrevocable,
non-exclusive, royalty-free licence to use, reproduce, adapt, publish,
translate and distribute your content in any existing or future media. You also
grant to us the right to sub-license these rights and the right to bring an
action for infringement of these rights.
You warrant and represent that your
content will comply with these terms of use.
Your content must not be illegal or
unlawful, must not infringe any third party's legal rights and must not be
capable of giving rise to legal action whether against you or us or a third
party (in each case under any applicable law).
You must not submit any content to
the website that is or has ever been the subject of any threatened or actual
legal proceedings or other similar complaint.
We reserve the right to edit or
remove any material submitted to our website, or stored on our servers, or
hosted or published upon our website.
[Notwithstanding our rights under
these terms of use in relation to your content, we do not undertake to monitor
the submission of such content to, or the publication of such content on, our
website.]
(6) Limited warranties
We do not warrant the completeness or
accuracy of the information published on this website; nor do we commit to
ensuring that the website remains available or that the material on the website
is kept up to date.
To the maximum extent permitted by
applicable law, we exclude all representations, warranties and conditions
relating to this website and the use of this website (including, without
limitation, any warranties implied by law in respect of satisfactory quality,
fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of
liability
Nothing in these terms of use will:
(a) limit or exclude our or your liability for death or personal injury
resulting from negligence; (b) limit or exclude our or your liability for fraud
or fraudulent misrepresentation; (c) limit any of our or your liabilities in
any way that is not permitted under applicable law; or (d) exclude any of our
or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of
liability set out in this Section and elsewhere in these terms of use: (a) are
subject to the preceding paragraph; and (b) govern all liabilities arising
under these terms of use or in relation to the subject matter of these terms of
use, including liabilities arising in contract, in tort (including negligence)
and for breach of statutory duty.
[To the extent that the website and
the information and services on the website are provided free of charge, we
will not be liable for any loss or damage of any nature.]
[We will not be liable to you in
respect of any losses arising out of any event or events beyond our reasonable
control.]
[We will not be liable to you in
respect of any business losses, including (without limitation) loss of or
damage to profits, income, revenue, use, production, anticipated savings,
business, contracts, commercial opportunities or goodwill.]
[We will not be liable to you in
respect of any loss or corruption of any data, database or software.]
[We will not be liable to you in
respect of any special, indirect or consequential loss or damage.]
(8) Indemnity
You hereby indemnify us and undertake
to keep us indemnified against any losses, damages, costs, liabilities and
expenses (including, without limitation, legal expenses and any amounts paid by
us to a third party in settlement of a claim or dispute on the advice of our
legal advisers) incurred or suffered by us arising out of any breach by you of
any provision of these terms of use[, or arising out of any claim that you have
breached any provision of these terms of use].
(9) Breaches of these terms of use
Without prejudice to our other rights
under these terms of use, if you breach these terms of use in any way, we may
take such action as we deem appropriate to deal with the breach, including
suspending your access to the website, prohibiting you from accessing the
website, blocking computers using your IP address from accessing the website,
contacting your internet service provider to request that they block your
access to the website and/or bringing court proceedings against you.
(10) Variation
We may revise these terms of use from
time to time. Revised terms of use will apply to the use of our website from
the date of publication of the revised terms of use on our website.
(11) Assignment
We may transfer, sub-contract or
otherwise deal with our rights and/or obligations under these terms of use without
notifying you or obtaining your consent.
You may not transfer, sub-contract or
otherwise deal with your rights and/or obligations under these terms of use.
(12) Severability
If a provision of these terms of use
is determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful
and/or unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of the
provision will continue in effect.
(13) Exclusion of third-party rights
These terms of use are for the
benefit of you and us, and are not intended to benefit any third party or be
enforceable by any third party. The exercise of our and your rights in relation
to these terms of use is not subject to the consent of any third party.
(14) Entire agreement
Subject to the first paragraph of
Section [8], these terms of use[, together with our privacy policy,] constitute
the entire agreement between you and us in relation to your use of our website
and supersede all previous agreements in respect of your use of our website.
(15) Direct damages limited
Our
maximum liability to you for all claims for direct damages related to this
website is $50.
(16) Indirect damages
We
will never be responsible for any indirect damages.
(17) Orders
You place orders with us
on the following basis:
- you promise that you have the
legal capacity to enter into the transaction;
- we only conclude an agreement
when we dispatch our goods to you;
- we may cancel any order, but we
will refund any money you have paid if we do;
- we conclude an agreement where
you are domiciled; and
- each order is a separate
agreement, but you breach all of them if you breach one.
- The colour of product on site may
vary from colour of goods due to lightning of computer screen.
(18) Goods
We sell the goods to you
on the following basis:
- you will bear the cost and we
will choose the way of packaging and delivering the goods unless agreed
otherwise;
- we will do our best to dispatch
the goods as soon as possible after you have placed an order, but we are
not liable and you may not cancel an order if we do not do so timeously;
- risks related to the goods pass
to you on delivery;
- ownership in the goods passes to
you on payment of the fees in full; and
- you have the same rights against
us as we have against our suppliers in terms of any warranty attached to
the goods or imposed by law.
(19) Your data
You own all your data.
When you enter your data into the system, you give us a licence to use it to
provide the goods. We are not responsible for any of your data stored on our
system.
(20) Disclaimer
We
disclaim all warranties to the extent allowed by applicable law. We are not
liable for any defect that you cause.
(21) Direct damages limited
We
are only liable to you for any direct damages that the goods may cause up to
the total amount of fees that you have paid us for them.
(22) Indirect damages excluded
We
are not liable for any other losses that they may cause you.
(23) Termination
We
may need to terminate this agreement immediately under certain unlikely
circumstances, including if we discontinue the goods, believe providing the
goods could burden or pose a risk to us, have to terminate to comply with a
law, or providing the goods has become impractical. If we need to, we will give
you as much notice as possible in writing.
(24) Resolving disputes
We
want to avoid disputes about this agreement and resolve them as quickly as
possible. But if there is one, either party may inform the other of it in
writing. The parties must first try to negotiate to end the dispute, then enter
into mediation if negotiation fails, and finally go to arbitration if mediation
fails.
(25) Notices and domicile
We
want to communicate with you effectively about this agreement. For this reason,
the parties will send all notices to each other’s email addresses and choose
their respective street addresses as their service addresses for all legal
documents, but they may change either address on 14 calendar days written
notice to the other.
(26) Force majeure
Things
may happen that prevent you or us from complying with each of our obligations
under this agreement. Neither party is responsible for breach of this agreement
caused by circumstances beyond its control, but the other party may cancel the
agreement on written notice to the other if the circumstances persist for more
than 60 calendar days.
(27) Entire agreement
The
agreement is the entire agreement between the parties on the subject.
(28) Changes
If
we change this agreement by updating this web page, any changes will only apply
to future orders.
Privacy policy
(1) Purpose
This policy describes the way we handle
your personal information.
(2)
Personal information
Personal information
includes information we collect:
o
on submission when you
place an order; and
o
automatically when you
visit this website.
(3)
Acceptance
You may not order any of our goods if
you do not accept this policy.
(4)
Collected on submission
We collect your contact details and delivery address
when you place an order.
(5)
Collected automatically
We collect your Internet usage information when you
visit this website.
(6)
Purpose for collection
We may use any of your personal information that you
provide to us for the purposes that you indicated when you agreed to provide it
to us.
(7)
Consent to collection.
We will get your consent to collect your personal
information in accordance with applicable law when you provide us with it.
(8)
Use.
We may use your personal information to fulfil our
obligations to you.
(9)
Sharing.
We may share your personal information with third
parties for the purposes of fulfilling our obligations to you.
(10) Disclosure.
We may disclose personal information to third parties
if required for legal reasons.
(11) Security.
Our website is hosted on a secure server and uses
security measures to prevent interference by intruders.
(12) Retention.
We will only retain your personal information for as
long as is necessary.
(13) Transfer.
We may transfer your personal information outside
South Africa to a foreign country.
(14) Updating or removing.
You may choose to update or remove the personal
information you have submitted to us by contacting us