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TERMS
AND CONDITIONS
Website Terms and Conditions of Use Relating to
AtButterflies.com
These Terms and Conditions (“the Terms and Conditions”)
govern your (“the User”) use of the Afrotropical
Butterflies (“Provider”) website located at the domain
name AtButterflies.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.
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.
Refunds
Refunds will
only be done in the case of a duplication of payment.
E-Commerce & Privacy
The Website
AtButterflies.com
provides online access to taxonomic data. The use of any
product bought from this Website is at the purchaser’s risk.
The purchaser/ user indemnifies and holds the
Provider harmless against any loss, injury or damages which
may be sustained as a result of using the products sold on
the Website.
The private information required for executing the orders
placed through the e-commerce facility, namely the User’s
personal information and credit card details, delivery
address and telephone numbers will be kept in the strictest
confidence by the Provider and not sold or made known to
third parties. Only the necessary information, that is the
delivery address and contact phone number will be made known
to third parties delivering the product.
The Provider undertakes that it has taken all reasonable
precautions to secure the credit card processing that is
carried out to receive payment for goods sold. The Provider
cannot be held responsible for security breaches occurring
on the User’s electronic device (Personal Computer or other
electronic device used to browse the Website), which may
result due to the lack of adequate virus protection software
or spyware that the User may inadvertently have installed on
his/her device.
The Provider will supply all goods to the delivery company
in good order. The Provider will not be held liable for the
condition of goods arriving at the User’s chosen delivery
address.
Cancelled orders on the e-commerce facility will be refunded
after deduction of a 10% charge for administration costs.
The Provider reserves the right to cancelled an order for
which payment has already been received. This may occur if
stock is insufficient or the quality of goods ordered does
not meet the Provider’s standards. Should the Provider
exercise this right, the User will receive a full refund
with no deductions.
Any complaints regarding the standard and quality of the
product or products bought by consumers through the
e-commerce facility should be directed to
Etienne Marais, info@cozania.co.za.
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.
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.
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 orders in their sole
discretion.
Any unauthorised use terminates this license.
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.
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.
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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