Terms & Conditions
Montezz Online Market , this is our website www.montezzonlinemarket.co.za
and these are our legal terms, including our:
CONDITIONS OF USE
(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 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
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.
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.
(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
[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.]
(13) Exclusion of third-party rights
(14) Entire agreement
(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.
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.
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.
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.
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.
If we change this agreement by updating this web page, any changes will only apply to future orders.
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.
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.
We may use your personal information to fulfil our obligations to you.
We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
We may disclose personal information to third parties if required for legal reasons.
Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
We will only retain your personal information for as long as is necessary.
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