Terms & Conditions
Please note that all business is undertaken in accordance with our Standard Trading Terms and Conditions.
TERMS AND CONDITIONS OF
Between (i) Adventure Time Kayaks (“the
Company/Adventure Time Kayaks ”); and (ii) you (the “User”).
1.
ACCEPTANCE OF TERMS. Your electronic
submissions constitute your agreement and intent to be bound by these terms and
pay for such products and transactions entered into. For purposes hereof, the Adventure
Time Kayaks online shop, products and
website will be called the “Services”. The Services, products, materials and
information offered by means of the use of this website and/or the online
Services feature are provided to you, as the User, subject to your acceptance
of the terms and conditions of this agreement. E&OE.
When using, browsing
or accessing this website and/or online Services, you accept all the terms and
conditions of this agreement, including, in particular, the limitations on use,
liability and warranty set out hereunder.
2.
VOUCHERS AND TRADE
COUPONS. The Terms and Conditions of the specific promotional offer
in respect of which a voucher/trade coupon has been issued shall apply
additional to the terms hereof. Please see the particular promotional
offer for details of where such terms may be found.
3.
OWNERSHIP. This website, the
content thereof, the products and the online Services are the property of Adventure
Time Kayaks and all proprietary rights therein vest in Adventure Time Kayaks .
Ownership of all intellectual property rights, including the trade marks
indicated on the website, vest in Adventure Time Kayaks and/or its affiliates/suppliers. The User is
not authorised to use, amend or exploit any of the intellectual property
rights, including the trade marks in any manner whatsoever, without the prior
written consent of Adventure Time Kayaks . The User shall, other than for his
personal and non‐commercial use, not store on his computer,
or print copies of extracts from this website, and not, other than for his
personal and non‐commercial use, mirror or cache
information provided via this website on his own server or other computer or
other storage facility of whatsoever nature; copy, adapt, modify or re‐use
the text or graphics from this website without prior written permission of Adventure
Time Kayaks .
4.
NO IMPROPER USE OR
UNLAWFUL CONDUCT. The User will not use this website and any of the services
offered for any purpose that is unlawful, improper or prohibited by these terms
and conditions. Improper
actions include, but are not limited to: activities designed to defame,
embarrass, harm, abuse, threaten, insult
or harass third parties; activities prohibited by the laws of the Republic of
South Africa and/or foreign territories
in which the User is resident or conduct business; activities designed to
encourage unlawful behavior by
others; terrorist acts; the invasion of the privacy of a third party; racially,
ethnically, or otherwise objectionable;
and activities designed to impersonate the identity of a third party.
5.
USE OF SERVICES. The User agrees that it
will only use this website, the information contained hereon and
the online services in respect of the specific purposes for which it is created
for. In using the website, information or online services, the User
will not: (a) disrupt or interfere with any other user's enjoyment of such
services or materials or any affiliated or linked sites, (b) upload, post
or otherwise transmit any viruses or other harmful, disruptive or
destructive files, (c) create a false identity, (d) use or attempt to use
another's account, password, service or system without authorization from
the Company, (e) access or attempt to access any service or content which
the User is not authorized to access, (f) disrupt or interfere with the
security of, or otherwise cause harm to, any system resources, accounts,
passwords, servers or networks connected to or accessible through such
feature or any affiliated or linked sites, (g) conduct any surveys, contests,
pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise), (h) threaten, defame, abuse, harass,
stalk or otherwise violate the legal rights (such as rights of
privacy and publicity) of others, (i) publish, post, upload, distribute or
disseminate any defamatory, obscene, or unlawful topic, name, material or
information; (j) upload or otherwise make available files that contain
images, photographs, software or other material protected by intellectual
property laws, including, without limitation, copyright, trademark,
patents, designs, privacy and publicity laws unless the User own or control
the rights thereto or have received all necessary authority to do the
same, (k) advertise or offer to sell or buy any goods or services for any
purpose, (l) violate any laws or regulations of the Republic of South Africa or
any other country applicable.
6.
YOUR ACCOUNT. As a registered user of
the Services, you may be required to establish an account. Never
reveal your account information, log in and/or password to anyone. You are
responsible for keeping last
mentioned confidential and for any activity on your account. If you suspect a
breach of this security you have
to inform the Company without delay and on receipt, the Company may reject any
orders not yet executed
and deactivate your access codes and account. The Company will not be
responsible for any losses due to
the unauthorized use of the account.
7.
LIMITATION OF LIABILITY. The use of this website and online Services is at the
User’s own risk. Adventure Time Kayaks, its subsidiaries,
affiliates, agents, officers, directors, employees, partners or suppliers will
not be liable to the User or any third party for any damages whatsoever. Adventure
Time Kayaks provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent
permitted by law for
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of (a) the User’s use of the website and online
Services; (b) the User’s violation of these terms and conditions or (c) the
User’s violation of any law, rule or regulation or the rights of any other
person or entity.
8.
THIRD PARTY SITES AND
SERVICES. This website and online Services may also make available other
Services, service providers, dealings, web sites and/or web pages operated by
third parties offering material, information and online Services (the
"third party Services").
The use of the Third Party Services and the use of information collected by the
operators of such Services / sites are governed by the terms of use and privacy
policies found at such sites (if any). Third Party Services are made available
only as a convenience, and the inclusion within the online Services of any link
to a Third Party Service does not imply endorsement by Adventure Time Kayaks of
the operator of such site or any association between Adventure Time Kayaks and such operator. Any dealings between the
User and any third party in connection with a Third Party Service, including
the delivery of and payment for goods and Services and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between the User and such third party or the operator of such site. Adventure Time Kayaks will
not be responsible for any portion of any such dealings in any way.
9.
NO WARRANTY. Except as expressly
provided otherwise in a written agreement between the User and Adventure Time
Kayaks , Adventure Time Kayaks provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent
permitted by the prevailing law; this website, online
Services, and all products, materials and Services offered through or in
association with such features, are provided "as is" without warranty
of any kind, either express or implied, including, but not limited to, the
implied warranties of merchantability or fitness for a particular purpose, or
the warranty of non‐infringement. Without limiting the
foregoing, Adventure Time Kayaks and its
suppliers make no warranty that (a) the website, online service, other
Services, products or materials will meet the User’s requirements, (b) the
website, online service, other Services products or materials will be
uninterrupted, timely, secure, virus‐free or error‐free;
or will be compatible with other software or applications to be used with or
applied to, (c) the results that may be obtained from the use of the website,
online service or other Services and materials will be effective,
accurate or reliable, (d) the quality of the website, online service, or any
products, materials or other Services will meet the User’s expectations and (e)
any errors in any software obtained from or used through the website, online
Services, products and materials, or any defects in the Services and products
or materials, will be corrected, or that (f) the information provided will be
accurate. Adventure Time Kayaks reserves the right to suspend the Services for
indefinite periods and/or cancel same without notice to you.
10.
ACCURACY OF INFORMATION
AND PRODUCTS. The website and online Services and other services, products and
materials could include technical or other mistakes, inaccuracies or
typographical errors. Adventure Time Kayaks may make changes to the website,
online Services, other Services, information, products and materials, including
the prices and descriptions of any products, at any time, without notice to you.
11.
MODIFICATION. Adventure Time Kayaks reserves
the right to change these terms and conditions. The User is responsible for
reviewing these terms and conditions each time it uses the website and online
Services. The User’s continued use of the website and online Services
constitutes the User’s agreement to the terms and conditions current at that
time.
12.
GENERAL. This agreement
constitutes the entire agreement between the parties in respect of the subject
matter thereof. In the event of the invalidity/illegality of any part or
portion of this agreement for any reason whatsoever, such invalidity/illegality
shall not affect the validity or enforceability of any other part or provision
of this agreement and such invalid/illegal part or portion shall be deemed to
have been struck out of the agreement as if it was never written. No waiver by Adventure
Time Kayaks in respect of the User’s
actions or omissions with regard to any breach, failure or default in
performance by the User, and no failure, refusal or neglect by Adventure Time
Kayaks to exercise any right hereunder
or to insist upon strict compliance with or performance of the User’s
obligations under this agreement, shall constitute a waiver of the provisions
of this agreement and Adventure Time Kayaks may at any time require strict compliance with
the provisions hereof.
13.
GOVERNING LAW AND
JURISDICTION. These terms and conditions will be governed by and construed in
accordance with the laws in force in the
14.
ADVERTISING, SALES &
PROMOTIONS. Adventure Time Kayaks will attempt to have sufficient stock
available to meet anticipated consumer demand (unless it specifically indicates
a limitation on the amount of stock available).