TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE, LEGAL RIGHTS, AND DISCLAIMERS
(“This Agreement” or “The Agreement”)
Use of this Web Site is governed by the following Terms and Conditions of Use and by accessing it you, the Web Site User, agree to accept them, and all applicable laws, without limitation and/or qualification. The Owner (as defined below) may change these Terms and Conditions of Use at any time in its sole discretion, and without the need to advise any User of such change or changes, either before or after they have been made. Such changes have force and effect from the time they are displayed, and it is incumbent on the User to keep him/her/itself informed of such changes by reference to this Web Site. Accessing this Web Site after such changes have been effected constitutes specific acceptance and acknowledgement by the User of such change or changes.
1. Interpretation and Definitions
In the interpretation of this Agreement:
1.1. the following expressions shall bear the following meanings and related expressions shall bear corresponding meanings:
“co-branding” means the display by any party other than the Owner, in any manner such as would be likely to give a User the impression that such other party had the right to display, any Trade Mark or other means of identification of such party on this Site or in its Content.
“COPA” means the US Child Online Privacy Act, and similar legislation in other jurisdictions.
“Design Registrations” includes design registrations pending or applied for
“Intellectual Property Rights” or “IPR” means the rights and title vesting in the Owner in respect to any or a combination of the Patents, the Design Registrations, the Trade Marks, the Copyright and the Know-how relating to the Products and/or Services and/or this Site and/or its Content, as the case may be.
“Know-how” means all confidential information of whatever nature relating to the generation and/or acquisition and/or commercial exploitation of the Products or, where applicable, the Services including, without limiting the generality of the aforegoing, technical information, publishing and informational dissemination techniques, designs, specifications, systems, and processes.
“Patent/s” includes Patent/s pending or applied for
“Product” means any offering made by the Owner for the benefit of a User whether or not it is offered for a commercial consideration.
“Service” means any service made or offered by the Owner for the benefit of a User whether or not it is offered for a commercial consideration.
“Site Content” or “Content” means the content of, or accessible from, this Web Site, which includes but is not limited to all graphics; images; text; audio, video and animation files; software not previously or otherwise described, and any other material contained or used in this Web Site or from any other World Wide Web Site that is operated, managed or otherwise controlled by the Owner.
“Submission” means all materials or information communicated to the Owner by the User through or with reference to this Site including but not limited to all ideas, suggestions, criticism, remarks, graphics, software, articles, illustrations, and other information in whatsoever format submitted.
“The Owner” means any combination of the Owner, its subsidiaries and affiliates, and/or their respective directors, officers, employees, agents and contractors
“Web Site Owner” or “Owner” means GIFTANDNOVELTYSALES.COM and its holding company THE IDEAS MART CC
“Web Site User” or “User” means any person who visits this Web Site, including but not limited to any person who gains access thereto whether legally or illegally, and whether by authorized or unauthorized or by any other means.
“Web Site” or “Site” means this web site (other than where the context or wording of this Agreement clearly indicates a contrary meaning).
to “Submit” means to communicate a Submission
1.2. words in the singular number include the plural and vice versa;
1.3. words importing any one gender include the other two genders; and
1.4. a reference to a natural person includes a legal persona.
2. Warranties and Disclaimers
2.1. Use of Web Site and Content:
The Owner assumes no responsibility for the Web Site User’s use of the Internet. By extension, use of this Web Site and its Content are at the sole and entire risk of the User. This Web Site and its Content are provided to the User "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, and/or expectation of privacy and/or non-infringement of third party rights.
2.2. Results of Use:
The Web Site Owner does not warrant , guarantee, or make any other representation covering, and the User therefore assumes the entire risk as to, the results of using this Web Site, its Content, the Products, Services, Design Registrations, Patents, Trade Marks and/or Know-how. The User, and not the Owner, further assumes responsibility for the entire cost of repairing, maintaining, servicing or otherwise making good any defects arising from the use of the Web Site, its Content, Products, Services, Design Registrations, Patents, Trade Marks and/or Know-how.
2.3. Accuracy, Relevance and Timeliness:
While the Owner exercises reasonable care to ensure that only accurate and up-to-date information is included in the Web Site, the Content may contain inaccuracies or typographical errors, and there can be no absolute assurance that the information is completely accurate or up-to-date at any moment in time. The Owner therefore makes and gives no warrant, guarantee or representation about the correctness, accuracy, applicability, reliability, currency, relevance, or otherwise of the Content. The Owner equally is under no obligation, nor does it undertake, to update information after it is posted on this Site, or to remove it from this Site, if it is no longer accurate, up-to-date, relevant or complete.
2.4. Viruses:
Other than where expressly stated to the contrary, the Owner assumes no liability or responsibility for any virus or viruses that may infect, by whatsoever means, computer equipment or other related property of the User, or for any consequent damages which may be suffered as the direct or indirect result of the User accessing, or in any other way using the Web Site, included but not limited to the downloading of any of the Site Content.
2.5. Company Notices and Reports
The Web Site and its Content should not be used in substitution or replacement for any written reports, statutory returns, financial and other statements, or other notices provided by the Owner. In particular, but without affecting the generality hereof, the Content should be used by analysts, investors, borrowers and lenders as a source of promotional or educational information only, and these Users should exercise their own due diligence and professional judgment in the light of this disclaimer.
2.6. Market Size, Market Share, Earnings and Income Disclaimers
Subject generally to the other terms and conditions of this clause 2,
2.6.1. Market Size, Market Share, Earnings and Income figures or examples given on this Web Site and included in its Content are estimates only. They are given in good faith by the Owner, but are subject to many different factors and circumstances, many of them outside the Owner’s control. Where specific examples in the Content are attributed to individual/s and/or business/es, the Owner has used, but cannot warrant or be held liable for, the figures given to it by the individual/s and/or business/es concerned.
2.6.2. If any User makes use of or relies on Market Size, Market Share, Earnings and Income figures and examples given on this Web Site and/or in its Content, that User accepts, acknowledges and agrees that:
2.6.2.1. it has no assurance it will achieve or realize those figures or examples, or any pro-rationing of them;
2.6.2.2. the entire and sole risk of not achieving or realizing those figures or examples, or any pro-rationing of them, is the User’s not the Owner’s;
2.6.2.3. those figures and examples are not to be considered as average or representative;
2.6.2.4. no examples of prior successes, or past results, can be used by the User as a predictor of its own future success or results;
2.6.2.5. the Owner has and can have no way of fully establishing the User’s business background, experience, commercial state of health, skills or practices and accordingly does not in any way whatsoever guarantee or warrant the performance or results of the User;
2.6.2.6. to the extent that the Products and Services are Internet-based, it is common cause that Internet businesses and the earnings and income generated by them are subject to unknown risks, and are not suitable for everyone;
2.6.2.7. it is the sole and entire responsibility of the User in using this Web Site and its Content, and in making decisions based on the information contained therein, to make its own due diligence checks, and to seek the advice of its own professional advisors; and accordingly
2.6.2.8. the Owner is not responsible for the success or failure of any business decision taken by the User which relies on or relates to information presented by the Owner with respect to this Web Site, its Content, the Products, services or Know-how.
2.7. Intellectual Property Rights:
While the Owner has taken reasonable care to ensure that the Patents, Design Registrations, Trade Marks, Copyright and Know-how vesting in the Products and/or Services will provide the level of protection which is variously claimed for them, it gives no warrant or guarantee as to the validity of all or any of them. This Agreement shall therefore continue to be of full force and effect despite:
2.7.1. the lapsing of any or all of the Patents, Design Registrations, Trade Marks, Copyright and/or Know-how; whether by effluxion of time or otherwise; or
2.7.2. the Patents, Design Registrations, Trade Marks, or any of them, failing to proceed to grant or being held invalid.
2.8. Sole Warrant:
No other warrant of any kind, either express or implied, is made by the Owner. No information or advice, given by the Owner in any form whatsoever, which falls outside the scope of this Agreement, the Site or its Content shall be deemed either to create a warranty or in any way increase the scope of this warranty, and the User may therefore not rely on said information or advice to do so.
3. Indemnity
The User agrees to defend, indemnify, contribute to and hold harmless the Owner from and against any and all liability, claims, actions or demands, be they civil, criminal or quasi-criminal, including costs and attorneys fees, resulting from any violation of any law by the User in its use of this Web Site, its Content, Products, Services or Know-how, or from the breach by the User of the terms and conditions of this Agreement. The Owner shall provide the User timeously with notice of any such claim, suit or proceeding and shall provide reasonable assistance, at the User’s expense, in the User’s defence of any such claim, suit or proceeding.
Without limitation of the aforegoing, the User shall be responsible for any liability, payment or other agreement made by the Owner in settlement and/or satisfaction of any claim or potential claim, as contemplated in this Clause 3, whether such payment or satisfaction is made or concluded before or after the institution of formal proceedings against the Owner.
4. Limitations of Liability
4.1. General Limitation:
The Owner is in no way responsible or liable for any damages whether they be direct, indirect, consequential, or incidental, including but not limited to damages for loss of business profits, business interruption, loss of business information or data, invalidity in part or in whole of the IPR, or other pecuniary loss, or of any other kind whatsoever or howsoever caused, which arise out of the use or non-availability of this Web Site, or reliance on its Content.
4.2. Suitability and Availability:
Because this Web Site is provided "as is", no warrant or guarantee is therefore given by the Owner that use of the Site will be free from interruption or from error, or that it will be suitable for all Users.
4.3. Location:
This Web Site is operated and managed from the Republic of South Africa. The Owner makes no representation that materials incorporated in the site content are appropriate or available for use in locations outside South Africa. Users who access the Site from other locations are solely responsible, in their interpretation and use of the Site, for compliance with local laws applicable to those locations.
4.4. No liability for privacy policy or content of linked sites and their operators
This Site includes, or may at a future time include, links which will lead the User to sites on the Internet other than those operated or managed by the Owner. The Owner has not reviewed, nor is it in a position to review, such sites or any of them, and accordingly cannot be held responsible for the content of such sites. The provision of links to such sites is for convenience only, and should not be taken to imply any endorsement of any other web site by the Owner. Access to these links and their applicable sites is accordingly at the User’s entire risk, and the Owner makes no representations as to their content, accuracy, completeness or suitability.
4.5. Capping of Monetary Liability
The Owner will in no event, and regardless of the form of action, be liable to any User for more than one hundred Rands (R100) or the amount paid by the User to the Owner out of which the dispute arose, whichever is the greater amount.
4.6. Application:
The limitations of liability contemplated in this clause 4 shall apply even if the Owner has been told that there is a possibility of the damages referred to directly in clause 4.1, above, or otherwise by implication.
5. Choice of Governing Law, Forum and Language
Any disputes arising out of the use or operation of this Site, the construction or interpretation of this Agreement, or anything related or similar thereto, shall therefore be determined exclusively according to South African law, by a court of competent jurisdiction sitting within the legal boundaries of the Western Cape Province of the Republic of South Africa, without any reference to conflicts of laws, rules or principles. Further, any visitor to this site hereby agrees on behalf of themselves and any persons claiming or otherwise bringing suit by or through them that the sole location and venue for any court action which may arise in terms of this Agreement shall be an appropriate court located in the Western Cape Province of the Republic of South Africa.
English is to be the official language of this Agreement as to both text and interpretation.
6. Format and Nature of this Agreement
Notwithstanding the fact that this Agreement appears on this Web Site in electronic digital format, and whether or not the User chooses to print it, the User acknowledges that this Agreement constitutes a writing.
7. Copyright
7.1. Ownership:
This Site is owned by the Owner, and its Content represents the proprietary information of the Owner or of the person who provided the information and is protected by copyright under both South African and international law. Any unauthorized use of the Content or the materials and information it includes may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. The Content and the materials it encompasses may accordingly not be modified, published, transmitted, transferred, sold or otherwise used or exploited, in whole or in part, other than as set out in this Agreement or in the text on the Site, without the prior express written permission of the Owner.
7.2. Rights:
Neither title nor any of the IPR are transferred to the User by access to this Site. Neither should anything contained on this Site be interpreted as granting, by implication, estoppel or otherwise, any interest, whether proprietary, licence or otherwise, in the intellectual property rights, or any other rights which may exist or are hereafter developed in respect of any portion of the Website or its Content without the express prior written permission of the Owner or such third party as may own any part of the intellectual property rights (including the Trade Marks) displayed on this Site.
7.3. License:
Any computer software which is downloadable or otherwise made available from this Site is licensed according to the terms and conditions of the applicable license agreement. The owners have endeavoured to ensure that any software that may be downloaded from this Site is compatible with as wide a range of computers as reasonably feasible. Users should, however, take the precaution of backing up all essential software on their computer networks before loading any software from this Site.
Unless otherwise stated in this Agreement or in the text on the Site, all images, text and other content on or associated with the Site are licensed and never sold. Products and Services, unless otherwise stated, are generally subject to the provisions of this Agreement, as well as specifically forming the subject of separate applicable licensing or other usage agreements in each case. Reproduction or replication of any part of this Site, its Content or the Products and Services featured on it, is prohibited. The User may not accordingly use, copy, or exploit in part or in whole in any way whatsoever any licensed Product or Service save as provided for in this Agreement, and/or in a separately executed licensing or usage agreement or expressly in writing. Any such unauthorized action, without limiting any other of the Owner’s rights in terms hereof, shall result in immediate and automatic termination of this Agreement and may result in criminal and/or civil prosecution.
8. Information Provided by the User on this Site
8.1. Accuracy and Currency.
It is a condition of this Agreement that any information provided by the User on this Site will be accurate and up-to-date. If, for any reason, the Owner believes that information provided by the User is not accurate and up-to-date, it reserves the right to refuse the User access to the Site, and/or to suspend or terminate such access, at any time and without notice.
8.2. Suitability and Relevancy.
It is a further condition of this Agreement that a User may not submit in respect to this Web Site any information or material that:
8.2.1. is not directly relevant to this Site;
8.2.2. is pornographic, indecent or obscene;
8.2.3. the User does not have the right to submit;
8.2.4. in any way threatens or compromises the statutory, constitutional or common law rights of any other party;
8.2.5. is the property of any third party, or infringes the intellectual property rights of any other person;
8.2.6. in any way threatens, physically or otherwise, to harm children or to abuse or exploit their rights to privacy;
8.2.7. represents any commercial activity whatsoever on this Site;
8.2.8. introduces with the knowledge or due to the negligence of the User any virus, or any similar computer code designed to adversely affect the proper working of any computer software, hardware or telecommunications capability;
8.2.9. introduces links to other sites on the World Wide Web having content which matches any of 8.2.1 to 8.2.8 above; or
8.2.10. contravenes the general terms and conditions governing the use of this Site, as amended from time to time.
The User accordingly represents and warrants that all Submissions to this Web Site comply with the terms of 8.2.1 to 8.2.10, above, and that their use by the Owner in no way violates the intellectual property or other rights of any third parties. The duty to ensure non-infringement of the rights of any third parties rests solely with the User.
8.3. Owner’s Right to Monitor, Refuse or Remove Information.
The Owner has the right, without any obligation to do so, to monitor use of this Site in order to ensure compliance with these Terms and Conditions of Use. The Owner also reserves the right to refuse to accept, or to remove, any information, for any, or without any, reason whatsoever. Notwithstanding the aforegoing, the User acknowledges and agrees that neither the Owner nor any third party that submits information to the Owner will be liable for any action or lack of action by the Owner or such third party in respect to any Submission.
9. Submissions by the User through this Site
The Owner will treat any submission by the User through this Site, or through any other Web Site owned, operated or managed by the Owner, generally in accordance with its Privacy and Confidentiality Policies as set forth elsewhere on this Site.
Notwithstanding the aforegoing, by posting via email or otherwise any Content, trade secrets, or know-how to this Web Site, including electronic mail, the User, unless otherwise in writing specifically stipulated by the User, hereby grants to the Owner, free of royalties or any other consideration, irrevocably, in perpetuity, worldwide and non-exclusively the right and/or license, to use and exploit, download, upload, copy, publish, post to any other public forum, modify, emulate, reproduce, adapt, create derivative works from, translate, distribute, sub-license, perform, incorporate in other works in any form or format whatsoever, present and/or otherwise treat as its own any Submission made to the Owner through this Site in whatsoever manner the Owner shall, in its sole discretion, elect to do so, without any form of recognition or acknowledgement, whether pecuniary or otherwise, for the User’s contribution of such Submission.
Additionally, the Owner will not in any way be responsible or liable for damages, of whatsoever kind or howsoever caused, resulting from any alterations or additions to its Products, Services, Programs and/or promotions which resemble any Submission posted to this Web Site, including electronic mail, by any User.
Subject otherwise to the provisions of Clauses 2 and 3, above, the User specifically agrees to indemnify, contribute to, and hold harmless the Owner from and against any and all liability, claims, actions or demands, be they civil, criminal or quasi-criminal, including costs and attorneys fees, resulting from the use, transfer or sub-license by the Owner of any material included in any Submission provided to the Owner by the User
10. Co-branding
It is a condition of this Agreement that the User may not use, nor may it authorise or encourage any other party, to use this Site to co-brand this Site, without the express prior written permission of the Owner.
11. Invalidity and Severability
If, for any reason whatsoever, any term or provision of this Agreement is deemed by a competent court to be void, voidable or otherwise unenforceable, such term or provision shall be deemed to be severable from the remainder of the Agreement, and the remainder of the Agreement shall be construed and interpreted without reference to the unenforceable term.
12. Passwords and Security
12.1. Where passwords are used for access to this Site:
12.1.1. they are for the specific individual use of the User;
12.1.2. the Owner will be entitled to monitor use of the password/s and in its sole discretion and without having to give any reason for its decision require the User to change it/them; and
12.1.3. security of the password/s is the sole responsibility of the User;
12.2. Violations by the User of the Owner’s system security, including but not limited to the use and/or distribution of cracking and other similar tools, are strictly prohibited and the Owner reserves the right to:
12.2.1. investigate suspected violations; and/or
12.2.2. make available to other site or system administrators User details in order to co-operate with them in resolving security incidents; and/or
12.2.3. co-operate with any law enforcement or other authority in disclosing User identities where a violation of these Terms and Conditions of use is suspected.
12.3. The User, by accepting this Agreement, agrees to defend, indemnify, contribute to and hold harmless the Owner from and against any and all liability and/or claims resulting from any action taken by the Owner or any law enforcement agency in the course of or resulting from investigations into any suspected violation of security in terms of this clause 12.
13. Assignment
The Owner may assign its rights or obligations under this Agreement at any time without notice to Users.
14. Termination
Either the Owner or the User may terminate this Agreement at any time, either with or without cause. The User may terminate this Agreement by ceasing to use this Web Site. Notwithstanding the aforegoing, clauses 1 to 13, of this Agreement will survive any termination by either party:
The Content of this Website is subject to change, restriction or termination by the Owner without any notice to Users.
The Owner reserves all rights not expressly granted here.
All contents of this Site are: Copyright © 2025, AGILE-REVIVE.COM, its holding company and/or its suppliers.
