Website Terms & Conditions of Use

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Website Terms & Conditions of Use

  • USAGE
  • 1. Persons using the Hood Guise (Pty) Ltd website for any reason whatsoever, subject themselves to and agree to the terms and conditions and privacy policy when accessing the website as set out below.
  • 2. This website is only intended to provide the user with information regarding Hood Guise (Pty) Ltd, on its products and services.
  • 3. Hood Guise (Pty) Ltd expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice.

    OWNERSHIP & COPYRIGHT

    5. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Hood Guise (Pty) Ltd, and as such, are protected from infringement by domestic and international legislation and treaties.

    6. All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in Hood Guise (Pty) Ltd shall continue to vest in Hood Guise (Pty) Ltd and no right, title or interest in any proprietary material or information contained in this website is granted to you.

    7. Without derogating from the aforegoing, Hood Guise (Pty) Ltd hereby authorises you to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:

    7.1. Such content is used for information purposes only;

    7.2. All moral rights of Hood Guise (Pty) Ltd and its employees or agents are reserved.

    7.3. Such content is used for non-commercial purposes. Without derogating from the aforegoing, you are expressly prohibited from incorporating any material from this website in any other work, publication or website either of your own or belonging to any third party;

    7.4. Any reproduction of this the content of this website, or portion thereof, must include this copyright notice in its entirety;

    7.5. Documents specified above include the design and layout of this website. Elements of this website are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Hood Guise (Pty) Ltd.

    ELECTRONIC COMMUNICATIONS

    8. By using this website or communicating with Hood Guise (Pty) Ltd 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”.

    CHANGES AND AMENDMENTS

    9. This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. Hood Guise (Pty) Ltd reserves the right to make improvements and/or changes or amendments to this website at any time.

    10. Hood Guise (Pty) Ltd reserves the right to change and amend the prices and rates quoted on this website without any notice.

    PRIVACY POLICY

    11. Hood Guise (Pty) Ltd respects your privacy and is committed to privacy protection principles. This privacy policy statement sets out information gathering and dissemination practises.

    12. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of Hood Guise (Pty) Ltd. We will have the right to use your information to generate anonymous statistics, which will be our property.

    13. Hood Guise (Pty) Ltd may use this personal information to provide you with information regarding our products, services, or events from time-to-time. You may request that Hood Guise (Pty) Ltd cease sending you such information or request that your personal information be removed from our database or mailing list at any time by contacting us.

    14. You may also request access to any personal information concerning you that Hood Guise (Pty) Ltd holds. The Promotion of Access to Information Act, 2 of 2000 (“PROATIA”) set out and regulate how such a request should be made and under what circumstances such access may be refused.

    15. You may update or correct your personal information by contacting us. You may also view your personal information that we hold and correct it, if necessary, on written request to Hood Guise (Pty) Ltd

  • 16. Hood Guise (Pty) Ltd will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Hood Guise (Pty) Ltd employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Hood Guise (Pty) Ltd or its associated services or website(s), Hood Guise (Pty) Ltd will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
  • 17. Hood Guise (Pty) Ltd is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third-party websites.
  • 18. Hood Guise (Pty) Ltd reserves the right to alter the terms and conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access the Hood Guise (Pty) Ltd website and your continued use of the website after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.
  • 19. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us.
  • 21. Any information or material sent to Hood Guise (Pty) Ltd will be deemed not to be confidential, unless otherwise agreed in writing by the user and Hood Guise (Pty) Ltd.
  • 22. Some of the pictures indicated on Hood Guise (Pty) Ltd are not necessarily a true reflection of the actual product but is an indication of the product type.

    LINKING AND FRAMING

    23. It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without the prior written approval of Hood Guise (Pty) Ltd.

    24. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Hood Guise (Pty) Ltd.

    AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

    25. No information or data on this website is an offer, but merely an invitation to do business.

    26. No agreements shall be concluded merely by sending a data message to this website or its owners, valid agreements require an acknowledgement of receipt from this website.

    SEARCHING TECHNOLOGY

    27. The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website’ server and/or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 5 to 7 hereof.

    LINKS TO THIRD PARTY SITES

    28. Hood Guise (Pty) Ltd may provide links to the user only as a convenience and the inclusion of any link does not imply Hood Guise (Pty) Ltd ‘s endorsement of such sites.

    29. Linked websites or pages are not subject to the control of Hood Guise (Pty) Ltd. Hood Guise (Pty) Ltd shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website

    SECURITY

    30. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Hood Guise (Pty) Ltd should suffer any damage or loss, civil damages will be claimed.

    DISCLAIMER

    31. This website and the information contained therein is provided “as is” and Hood Guise (Pty) Ltd makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the foregoing:

    31.1. Hood Guise (Pty) Ltd does not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality. Hood Guise (Pty) Ltd expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility and accuracy; and 31.2. Whilst Hood Guise (Pty) Ltd has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads, or applications available via this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

    RISK & LIMITATION OF LIABILITY

    32. The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither Hood Guise (Pty) Ltd, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein. This clause does not apply to section 43(5) and (6) of the Electronic Communications and Transactions Act.

    33. While all reasonable steps have been taken to ensure the accuracy and safety of the Hood Guise (Pty) Ltd website, the use of the products or services advertised on this website are used at the user’s own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. Hood Guise (Pty) Ltd will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the Hood Guise (Pty) Ltd website.

    SEVERABILITY

    34. These Terms and Conditions of Use constitute the entire agreement between Hood Guise (Pty) Ltd and you, the user of this website. Any failure by Hood Guise (Pty) Ltd to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.

    35. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

    APPLICABLE LAW

    36. This website is hosted, controlled and operated from the Republic of South Africa, and thus, South African law and the jurisdiction of the South African courts govern the use or inability to use this website. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za.

    37. By accessing this website you agree that in the event of any dispute of any nature whatsoever arising between you and Hood Guise (Pty) Ltd on any matter provided for in, or arising out of this agreement, then that dispute shall be submitted to Arbitration Foundation and decided by mediation or arbitration.