Terms and Conditions
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Website Terms and Conditions of Use Relating to [http://www.carelmeyer.com]
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”)
use of the [IDADA Trading 283 (pty) ltd] (“Provider”) website located at the domain
name [http://www.carelmeyer.com] (“the Website”). By accessing and using the Website,
the User agrees to be bound by the Terms and Conditions set out in this legal notice.
The User may not access, display, use, download, and/or otherwise copy or distribute
Content obtained on the website for marketing and other purposes without the consent
of the Provider.
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Electronic Communications
By using this Website or communicating with the Provider by electronic means, the
user consents and acknowledges that any and all agreements, notices, disclosures,
or any other communication satisfies any legal requirement, including but not limited
to the requirement that such communications should be in writing.
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E-Commerce & Privacy
The purchaser/ user indemnifies and holds the Provider harmless against any
loss or damages which may be sustained as a result of using the products
or services sold on the Website.
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Advertisers
This Web Site may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on this Web Site
is accurate and complies with applicable laws. Provider will not be responsible
for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials
or for the acts or omissions of advertisers and sponsors.
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Registration
Certain sections of this Web Site require you to register. If registration is requested,
you agree to provide accurate and complete registration information. It is your
responsibility to inform Provider of any changes to that information. Each registration
is for a single individual only, unless specifically designated otherwise on the
registration page. Provider does not permit (a) anyone other than you to use the
sections requiring registration by using your name or password; or (b) access through
a single name being made available to multiple users on a network or otherwise.
You are responsible for preventing such unauthorized use. If you believe there has
been unauthorized use, you must notify Provider immediately by emailing barryspitz.com.
Limitation on Rights flowing from Registration
You have the right to download items of information or other services provided at
the time of any such item being made available to you by Provider.
Errors and Corrections
Provider does not represent or warrant that this Web Site or the Content or Postings
will be error-free, free of viruses or other harmful components, or that defects
will be corrected or that it will always be accessible. Provider does not warrant
or represent that the Content or Postings available on or through this Web Site
will be correct, accurate, timely, or otherwise reliable. Provider may make improvements
and/or changes to its features, functionality or Content or Postings at any time.
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Refund and Cancelation Policy
The Provider will gladly stop any billing in respect of products not already delivered
on any proxy account
or service provided. However, by virtue of the fact that, when products are provided on this Web Site by the Provider they are in electronic form
and can be copied electronically and otherwise, the standard exclusion applying
to such products applies in the same way as it does to items such as flowers, food,
etc. as well as special orders (special configurations, etc.)
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Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or
the whole of these Terms and Conditions from time to time. Changes to these Terms
and Conditions will become effective upon such changes being posted to this Website.
It is the User’s obligation to periodically check these Terms and Conditions at
the Website for changes or updates. The User’s continued use of this Website following
the posting of changes or updates will be considered notice of the User’s acceptance
to abide by and be bound by these Terms and Conditions, including such changes or
updates.
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Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated
to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary,
or any other third party owners of such content, and includes but is not limited
to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph
Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions
and Computer Programs (“the Content”). All such proprietary works, and the compilation
of the proprietary works, are copyright the Provider, its affiliates or subsidiary,
or any other third party owner of such rights (“the Owners”), and is protected by
South African and international copyright laws. The Providers reserve the right
to make any changes to the Website, the Content, or to products and/or services
offered through the Website at any times and without notice. All rights in and to
the Content is reserved and retained by the Owners. Except as specified in these
Terms and Conditions, the User is not granted a license or any other right including
without limitation under Copyright, Trademark, Patent or other Intellectual Property
Rights in or to the Content.
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Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions,
a non-exclusive, non-transferable, limited and revocable right to access, display,
use, download and otherwise copy the current and future Content for personal, non-commercial
and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold,
visited or otherwise exploited for any commercial purpose without the express prior
written consent of Provider. The license does not allow the User to collect product
or service listings, descriptions or other information displayed here, and does
not allow any derivative use of this Website or the Content for the benefit of another
merchant. The User may not frame nor use framing technologies to enclose the Provider
Website or the Content nor any part thereof without the express written consent
of Provider. Provider and the Owners do not offer products or services to minors.
If you are under the age of 18, you may not respond to or otherwise accept or act
upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel subscriptions in
their sole discretion.
Any unauthorised use terminates this license.
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Limitation of liability
The Website and all Content on the Website, including any current or future offer
of products or services, are provided on an “as is” basis, and may include inaccuracies
or typographical errors. The Owners make no warranty or representation as to the
availability, accuracy or completeness of the Content. Neither Provider nor any
holding company, affiliate or subsidiary of Provider, shall be held responsible
for any direct or indirect special, consequential or other damage of any kind whatsoever
suffered or incurred, related to the use of, or the inability to access or use the
Content or the Website or any functionality thereof, or of any linked website, even
if Provider is expressly advised thereof.
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Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website
servers will in such instances collect the IP address of the User computer, but
not the email address or any other distinguishing information. This information
is aggregated to measure the number of visits, average time spent at the Website,
pages viewed, etc. Provider uses this information to determine use of the Website,
and to improve Content thereon. Provider assumes no obligation to protect this information,
and may copy, distribute or otherwise use such information without limitation.
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Choice of Law
This Website is controlled, operated and administered by Provider from its offices
within the Republic of South Africa. Access to the Website from territories or countries
where the Content or purchase of the products sold on the Website is illegal is
prohibited. The User may not use this Website in violation of South African export
laws and regulations. If the User accesses this Website from locations outside of
South Africa, that User is responsible for compliance with all local laws. These
Terms and Conditions shall be governed by the laws of the Republic of South Africa,
and the User consents to the jurisdiction of the Witwatersrand High Court in the
event of any dispute. If any of the provisions of these Terms and Conditions are
found by a court of competent jurisdiction to be invalid or unenforceable, that
provision shall be enforced to the maximum extent permissible so as to give effect
to the intent of these Terms and Conditions, and the remainder of these Terms and
Conditions shall continue in full force and effect. These Terms and Conditions constitute
the entire agreement between the Provider and the User with regard to the use of
the Content and this Website.
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