Terms of Use
AGREEMENT AND TERMS OF USE
This agreement governs the terms of use of the STOCKIST ® website. This Web site is owned and administered by STOCKIST ® (herein referred to as "STOCKIST”) and no person may access or utilize this website without accepting the Terms of Use.
All users who access or use this website bind themselves to the Terms of Use herein below when accessing or using this website. Should a user refuse to agree to the Terms of Use, the user should not access or use this website.
STOCKIST reserves the right to revise and change the terms and conditions contained herein at any time and without any prior notice. All users of this website are obliged to review the Terms of Use as posted on the website from time to time. The continued access or use of this website by any user after such changes are posted will constitute an acceptance of the changes by such user.
Use of and access to the website
This website and its contents (the "content") are intended for the use by customers of STOCKIST. The use of this website and/or the content thereof by any person for any reason which is not related to business with STOCKIST is strictly prohibited and constitutes unlawful activity. Any user of this website and the content thereof are strictly prohibited from, interalia, the following: (i) downloading, copying, or re-transmitting any or all of the website or its content without the written or express permission from STOCKIST or in violation of a written license or agreement with STOCKIST; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any STOCKIST’s products or services, and (e) using the website or the content other than for its intended purpose, as determined solely in STOCKIST’s discretion, including but not limited to, to harass, intimidate, abuse, insult, defame, stalk, threaten or in any manner violate or infringe on the legal rights, including the privacy of any person or institution or lawful entity, and/or to communicate, distribute, publish, post or disseminate any abusing, defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
No person or user may interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. This website may only be used for lawful and bona fide purposes.
Intellectual Property
All materials (including the organization and presentation of such material) on this website (the "materials”) are the property of STOCKIST and its suppliers and licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless a separate agreement has been entered into with STOCKIST, material may be used without the written permission of STOCKIST.
The materials obtained through this website may only be used and copied for the user’s own non-commercial, personal or educational purposes, provided that the materials may not be modified and that the copyright and other intellectual property notices are not deleted or tampered with. No user may create any derivative works or otherwise exploit the materials.
Trademarks
STOCKIST ® or STOCKIST.PHOTO ® and any other product or service name or slogan contained in the website are trademarks of STOCKIST ® or STOCKIST.PHOTO ® and its suppliers or licensors, and may not be copied, reproduced, imitated or used, in whole or in part, without the prior written permission of STOCKIST or the particular trademark holder. No person or user may use meta tags or any other "hidden text" forms to utilize STOCKIST ® or any other name, trademark or product or service name of STOCKIST ® without prior written permission. The design, look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of STOCKIST® and may not be copied, imitated or used, in whole or in part, without prior written permission from STOCKIST. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by STOCKIST.
Privacy
The privacy of the personal information of the individuals connected with or associated with STOCKIST will be respected. All personal information obtained in respect of any individuals registering on the STOCKIST website, will be treated in accordance with STOCKIST’s Website Privacy Commitment.
Accuracy of website
Although STOCKIST updates the information on this website regularly, no guarantee is given, nor any responsibility or liability accepted for the accuracy, currency or completeness of the information on this website. STOCKIST reserves the right to delete, revise or supplement information, services and/or the resources contained in the website when and if necessary and reserves the right to make such changes without prior notification to past, current or prospective users.
Linked Web sites
This website may provide links to other websites for convenience only. The inclusion of these links does not imply that STOCKIST is associated or involved with or monitors or endorses these websites. STOCKIST does not accept any responsibility for such websites and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any other websites or linked resources.
Internet software or computer viruses
Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website and may be caused by technical difficulties with the Internet, computer viruses or other destructive programs which may also be inadvertently downloaded from this website.
STOCKIST is not responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact on the user of the website’s computer equipment or other property, due to the access to, use of, or browsing on this website or the downloading of any of the materials from this website. STOCKIST recommends the installation of adequate anti-virus or other protective software.
Website and Materials Provided "As Is"
THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. STOCKIST DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL NECESSARILY MEET A USER’S REQUIREMENTS OR THAT THE USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
THE USER ASSUMES ALL RESPONSIBILITY AND ACCEPTS ALL RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
NEITHER STOCKIST NOR ANY DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, PARTNER, OR AGENT OF SSI SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HERE-UNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, DELICT, NEGLIGENT ACT OR OMISSION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
Indemnification
Any and all users of the website indemnifies STOCKIST against all claims or liability against STOCKIST arising out of or in connection with any breach by such user or anyone acting on his or her behalf of any of the Terms of Use.
Notice and Procedure for Making Claims of Infringement
STOCKIST respects the copyright of others, and expect of our users to do the same. Should any user of belief that any work has been copied in such a way that constitutes copyright infringement, or violation of any intellectual property rights, such user must report such violation in writing to STOCKIST with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. Description of the copyrighted work or other intellectual property that is claimed to have been infringed;
3. A description of where the material that is claimed to be infringing is located on the website;
4. The complainant’s address, telephone number, and email address;
5. A statement by the complaint that in good faith that it is believed that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by the complainant, made under penalty of perjury, that the above information in the notice is accurate and that the complainant is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please address your letter to STOCKIST as follows:
Management
management@stockist.co.za
Attention: CEO – copyright
Any user is free to email STOCKIST at support@stockist.co.za Please note however that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. STOCKIST shall not be liable for any damages related to communications to or from this website. The user agrees that, with regards to any information provided by him or her through this website or via e-mail to STOCKIST that:
- STOCKIST has no obligations concerning such information;
- the information is non-confidential;
- STOCKIST may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
· the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law
This Website is controlled, operated and administered by STOCKIST in accordance with the Laws of the Republic of South Africa. This website site can be accessed from all provinces within South Africa and from other countries around the world. Each and every user of this website acknowledge and agree that any dispute, action or claim and all other matters relating to access to, or use of this website shall be governed by the laws of the Republic of South Africa.
Any claims or disputes whatsoever arising here-under shall be subject to the exclusive jurisdiction of the Regional Court for the District of Gauteng, held at Pretoria, Gauteng Province South Africa, to which court’s jurisdiction the user expressly agrees.
General
Any failure by STOCKIST to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to this website or these Terms of Use, please contact STOCKIST at management@stockist.co.za or via phone at (+27) 82415 3536
