Disclaimer & Legal Rights
While this disclaimer is specifically in pursuance of, and regulated by, South African law, its applicability extends to all jurisdictions in which this web site, and its associated social media pages, blogs, newsletters and their contents are accessed or used.
No Warranties
All web sites, products and services provided or offered by us are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose of any of the products or services offered by us. We offer no warranties, guarantees, or other representations of whatsoever kind regarding the use, or the results of the use, of our web sites, products, services or written materials in terms of accuracy, appropriateness, applicability, reliability, or current tenability.
Use by you of our websites, products, services and supporting materials constitutes acceptance and assumption by you of all risk pertaining to and/or resulting from the results generated by and the performance of the said web sites, products, services and supporting materials.
In the event that our web sites, products, services and/or supporting materials prove to be defective or deficient in any respect, no liability, actual or contingent, for any make-good, restoration, upgrades, repair and/or alterations necessitated thereby will devolve upon us and the entire cost of rectifying or remedying same will be assumed by you.
Limitation & Exclusion of Liability and Remedies
Our products are designed to be used for the purposes specified, and no other. While every care is taken in their manufacture, because their use by you the purchaser is entirely outside of our control, no liability of whatever kind or howsoever arising out of said use will attach to us. Our liability is limited to proven defects in manufacture, and the purchaser’s exclusive remedy shall be limited, without exception, to a refund of the price paid or replacement of the products supplied, at our option. No such refund or replacement will be entertained after the expiration of thirty days from date of purchase.
All warranties given by us expressly exclude all incidental or consequential damages. We, our suppliers, agents and contractors will not be liable for any damages whatsoever, and howsoever incurred by you, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other financial or monetary loss.
Every care is taken by us in describing the colour, size and general appearance of our products. However, because of (sometimes quite extreme) variations in the rendition of colour and general appearance of products as displayed on different computer screens and browsers, we cannot warrant that the colour of the product as received by you, the purchaser, will match the colour as displayed on your screen – and no liability for perceived differences in colour or appearance will attach to us.
Prices quoted by us for our products are “ex factory” and in US$. Prices quoted are exclusive of all shipping and insurance costs, which are expressly the responsibility of the purchaser. We will not be held liable for any loss to the purchaser incurred in shipping, but will insure all deliveries when instructed to do so by the purchaser and at the purchaser’s cost and risk. The risk of parity fluctuations as between the price quoted by us in US$ and the price ultimately paid by the purchaser in local or other currency denominations is for the purchaser’s sole risk and account. The purchaser is also exclusively liable for any customs, excise or other duties levied on products supplied by us to him/her/it. Shipping, insurance and other related costs incurred in returning products to us, and their replacement by us, are similarly for the purchaser’s account.
Affiliation and Sales Commissions
Posts on our Blog, Social Media and Web Site pages may contain links to products or services which are recommended by us – because we are excited about them and generally because we have used or evaluated them ourselves. We confirm that in the event that you purchase any such product or service as a consequence of linking through to any of our affiliates or sponsored suppliers, we may then receive an affiliate or sales commission as a result of our introducing you to said affiliate or supplier. If you have a problem or an issue with any product or programme we recommend, please let us know and if it’s in our power to rectify the matter, we will. However, the fact that we recommend any such program or product does not imply any warranty by us, and you expressly indemnify us from any liability, direct or indirect, resulting from your purchase or use thereof.
Performance and Earnings Disclaimers
Where products offered by us are used in the generation of income or the improvement of performance in any activity or enterprise undertaken by the user no warranties of any kind can be given as to the extent, if any, of the performance improvement or earnings generation resulting therefrom. Different users have different skills, talents and application, and no representations can therefore be made as to a “typical” or “expected” outcome. Where the experience or comments of other users of our products are published they are published in good faith, but we are not in a position to, nor do we, examine the records of the providers of such testimonials or comments regarding our products and their use. Where specific results are so quoted, they are specific and atypical. The user of our products and services therefore understands and acknowledges that in themselves said products and/or services afford no income, earnings or performance guarantees, and there is a risk that the user may make no money, or experience no improvement in performance as a result of using them.
We cannot, therefore, nor do we make any guarantees about your ability to get results or earn any money with our products, our ideas, the information we supply, or the techniques, tools or strategies we provide.
Comments and Posts
While we provide a forum on our web and other pages for the comments and views of our readers, users and customers, we do not – nor can we – moderate every such comment and/or view before it is posted. By your use of our web site and our other interactive pages you expressly indemnify and hold us blameless for any comment, view or post aired thereon by any third party which is or could be deemed to be libellous, defamatory, derogatory, belittling, offensive or – for whatever reason – actionable in law. We will follow up on any complaint lodged with us by you if you feel any comment or view appearing on our pages should be removed, but we reserve the right, without the need to give any reason for doing so, to retain, edit or remove said post in our entire discretion.
By your use hereof our website and other pages you also authorise us to moderate, edit or remove any comment or view submitted by you, in our sole discretion and without having to give any reason therefor.
Contract and Interpretation
In this document the terms “you”, “the purchaser” “the user” and “the customer” and their associated possessive pronouns are synonymous unless the context clearly indicates the contrary. The same observations, mutatis mutandis, apply to the terms “we”, “our company” and “the seller”.
Any offer made by us, the seller, and accepted by you, the purchaser, constitutes a contract between us. Our location is in Cape Town, Republic of South Africa. and by accessing our website, our newsletters and all other forms of interactive communication between us, whatever their nature or form, and/or by doing business with us you acknowledge that you are concluding a contract with us, and that you agree that all aspects of our business relationship and said contract shall be governed by the laws of the Republic of South Africa. You may print this document, and our Terms and Conditions of Use (of which it forms part) but regardless of whether you choose to do so or not, you acknowledge that it constitutes a “writing”.
This is the only warrant of any kind given by us, express or implied.
This contract is to be read in conjunction with, and unless the contents hereof expressly indicate to the contrary is to be governed by the provisions of, our Terms and Conditions, to which your attention is drawn. Where any terms, provisions, interpretations or conditions contained in this document are in conflict with the terms, provisions, interpretations or conditions contained in our Terms and Conditions, the latter shall apply.
