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This document was created using a Contractology template available at http://www.freenetlaw.com.
Introduction
These
terms and conditions govern your use of this website (www.prettish.co.za); by
using this website, you accept these terms and conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must not use this
website.
You
must be at least 18 years of age to use this website. By using this website you warrant and
represent that you are at least 18 years of age.
This
website uses cookies. By using this
website and agreeing to these terms and conditions, you consent to Prettish's
use of cookies in accordance with the terms of Prettish's Privacy Policy.
License to use website
Unless
otherwise stated, Prettish and/or its licensors own the intellectual property
rights in the website and material on the website. Subject to the license below, all these intellectual
property rights are reserved.
You
may view, download for caching purposes only, and print pages from the website
for your own personal use, subject to the restrictions set out below and
elsewhere in these terms and conditions.
You
must not:
·
republish material
from this website (including republication on another website);
·
sell, rent or
sub-license material from the website;
·
show any material
from the website in public;
·
reproduce,
duplicate, copy or otherwise exploit material on this website for a commercial
purpose;
·
edit or otherwise
modify any material on the website; or
·
redistribute
material from this website.
Acceptable use
You
must not use this website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the website; or
in any way which is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity.
You
must not use this website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software.
You
must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to this website without Prettish’s express
written consent.
You
must not use this website to transmit or send unsolicited commercial
communications.
You
must not use this website for any purposes related to marketing without Prettish’s
express written consent.
Restricted access
Access
to certain areas of this website is restricted. Prettish reserves the right to
restrict access to other areas of this website, or indeed this entire website,
at Prettish’s discretion.
If Prettish
provides you with a user ID and password to enable you to access restricted
areas of this website or other content or services, you must ensure that the user
ID and password are kept confidential.
Prettish
may disable your user ID and password in Prettish’s sole discretion without
notice or explanation.
User content
In
these terms and conditions, “your user content” means material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to this website, for whatever purpose.
You
grant to Prettish a worldwide, irrevocable, non-exclusive, royalty-free license
to use, reproduce, adapt, publish, translate and distribute your user content
in any existing or future media. You
also grant to Prettish the right to sub-license these rights, and the right to
bring an action for infringement of these rights.
Your
user content must not be illegal or unlawful, must not infringe any third
party's legal rights, and must not be capable of giving rise to legal action
whether against you or Prettish or a third party (in each case under any
applicable law).
You
must not submit any user content to the website that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
complaint.
Prettish
reserves the right to edit or remove any material submitted to this website, or
stored on Prettish’s servers, or hosted or published upon this website.
Notwithstanding
Prettish’s rights under these terms and conditions in relation to user content,
Prettish does not undertake to monitor the submission of such content to, or
the publication of such content on, this website.
A voucher code may not be used on an already discounted item.
No warranties
This
website is provided “as is” without any representations or warranties, express
or implied. Prettish makes no
representations or warranties in relation to this website or the information
and materials provided on this website.
Without
prejudice to the generality of the foregoing paragraph, Prettish does not
warrant that:
l this website will be constantly available, or available
at all; or
l the information on this website is complete, true,
accurate or non-misleading.
All items are hand-made and as such, no two items would ever look exactly the same.
Nothing
on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Prettish
will not be liable to you (whether under the law of contact, the law of torts
or otherwise) in relation to the contents of, or use of, or otherwise in
connection with, this website:
l to the extent that the website is provided free-of-charge,
for any direct loss;
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income,
profits or anticipated savings, loss of contracts or business relationships,
loss of reputation or goodwill, or loss or corruption of information or data.
These
limitations of liability apply even if Prettish has been expressly advised of
the potential loss.
Exceptions
Nothing
in this website disclaimer will exclude or limit any warranty implied by law
that it would be unlawful to exclude or limit; and nothing in this website
disclaimer will exclude or limit Prettish’s liability in respect of any:
l death or personal injury caused by Prettish’s
negligence;
l fraud or fraudulent misrepresentation on the part of Prettish;
or
l matter which it would be illegal or unlawful for Prettish
to exclude or limit, or to attempt or purport to exclude or limit, its
liability.
Reasonableness
By
using this website, you agree that the exclusions and limitations of liability
set out in this website disclaimer are reasonable.
If
you do not think they are reasonable, you must not use this website.
Other parties
You
accept that, as a limited liability entity, Prettish has an interest in
limiting the personal liability of its officers and employees. You agree that you will not bring any claim
personally against Prettish’s officers or employees in respect of any losses
you suffer in connection with the website.
Without
prejudice to the foregoing paragraph, you agree that the limitations of
warranties and liability set out in this website disclaimer will protect Prettish’s
officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as Prettish.
Unenforceable provisions
If
any provision of this website disclaimer is, or is found to be, unenforceable
under applicable law, that will not affect the enforceability of the other
provisions of this website disclaimer.
Indemnity
You
hereby indemnify Prettish and undertake to keep Prettish indemnified against
any losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by Prettish to a third party in
settlement of a claim or dispute on the advice of Prettish’s legal advisers)
incurred or suffered by Prettish arising out of any breach by you of any
provision of these terms and conditions, or arising out of any claim that you
have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without
prejudice to Prettish’s other rights under these terms and conditions, if you
breach these terms and conditions in any way, Prettish may take such action as Prettish
deems appropriate to deal with the breach, including suspending your access to
the website, prohibiting you from accessing the website, blocking computers
using your IP address from accessing the website, contacting your internet
service provider to request that they block your access to the website and/or
bringing court proceedings against you.
Variation
Prettish
may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to
the use of this website from the date of the publication of the revised terms
and conditions on this website. Please
check this page regularly to ensure you are familiar with the current version.
Assignment
Prettish
may transfer, sub-contract or otherwise deal with Prettish’s rights and/or
obligations under these terms and conditions without notifying you or obtaining
your consent.
You
may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.
Severability
If a
provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect. If any unlawful
and/or unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of the provision
will continue in effect.
Entire agreement
These
terms and conditions, together with the Privacy Policy, constitute the entire
agreement between you and Prettish in relation to your use of this website, and
supersede all previous agreements in respect of your use of this website.
Prettish’s details
Prettish’s address is Hyperion Drive, North Riding, Johannesburg, Gauteng, South Africa.
You can contact Prettish by email to info@prettish.co.za