TERMS AND CONDITIONS

  1. 1.         DEFINITIONS

1.1         In the interpretation of these terms and conditions, the following words shall have the corresponding meanings: 

1.1.1     “CPA” shall mean the Consumer Protection Act 68 of 2008; 

1.1.2     “defective product” shall mean a product that contains a material imperfection in the manufacturing quality of the product which makes the product less acceptable and/or effective for its purpose. The following will not be regarded as a defect in the product: 

1.1.2.1  A defect as the result of the reasonable and ordinary wear and tear of the product; 

1.1.2.2  Damage as the result of the negligence, abuse and/or incorrect use of the product by the user;  

1.1.2.3  Failing to adequately care for the product whilst it is in the user’s possession; and 

1.1.2.4  The user has made alterations to the product. 

1.1.3     “ECTA” shall mean the Electronic Communications and Transactions Act No. 25 of 2002;

1.1.4     “failure” shall mean a product that is not able to perform in its intended manner; 

1.1.5     “hazard” shall mean a product that has been identified or declared a hazard item;

1.1.6     “product” shall mean items available on the website for sale to the user; 

1.1.7     “purchase order” shall mean the commercial process whereby the website agrees to sell specified/identified products to the user at an agreed price;

1.1.8     “user” shall mean a natural or juristic person entering, browsing, making use of, and/or purchasing products from the website, and depending on the circumstances the website’s partners and affiliates; 

1.1.9     “service” shall mean those services provided in the operation and maintenance of the website, ensuring the purchase and delivery of the product and/or any other service as specifically defined by the website from time to time; and

1.1.10   “website” shall mean both Jerry Boyd (Pty) Ltd and www.baobabcanvas.co.za.

  1. 2.         CONSENT/GENERAL 

2.1         www.baobabcanvas.co.za is the lawful property of Jerry Boyd (Pty) Ltd with registration number 2016/425445/07. 

2.2         By entering and using www.baobabcanvas.co.za, all persons and entities consent to the terms and conditions contained herein without qualification or exception.

2.3         By signing up, browsing and using the website; the user agrees to be bound by and shall be deemed to have acknowledged, read and understood the terms and conditions. It remains the duty of the user to review the terms and conditions. 

2.4         In the event that the user does not agree with the terms and conditions, the user is hereby requested to immediately: 

2.4.1     refrain from further use of this website; and/or

2.4.2     exit the website; and/or

2.4.3     make use of another website.

2.5         The website may from time to time amend the terms and conditions without any notice to the user and further use by the user shall be regarded as their consent to the amended terms and conditions. 

2.6         The website will take the necessary precautions to ensure the safety of the website, however, it does not warrant or guarantee that the website is free from viruses, worms, Trojan horses or any other code that contains contaminating or destructive intent. The user holds the sole responsibility of continuously maintaining protection measures against the aforesaid threats.

2.7         Any and all interaction with the website shall be done in a protective state as to avoid the contamination and distribution of viruses, worms, Trojan horses or any other code that contains a contaminating or destructive intent. 

2.8         The user agrees to deal with the information and/or products contained on the website in a manner that abides by all the applicable laws of South Africa. 

2.9         The website is entitled to the use of various agents in the operation and maintenance of the website. 

2.10       The website is committed to the continuous maintenance and optimisation the website to improve its customer experience, and to improve the quality and quantity of content, however, it cannot guarantee the quality and quantity of its content at all times.     

2.11       The website reserves the right to cancel and/or cease offering any of its services and/or products, without notification and/or justification of its removal.  

2.12       The user agrees and understands that communication takes place on an electronic platform, therefore, the user consents to our electronic communication, be it, notices, disclosures, and any other communication to ensure the management of the website. 

2.13       These terms and conditions specifically supersede and immediately terminate any previous agreements concluded between the website and the user. 

2.14       In certain instances, the website may apply terms and conditions for certain services and/or products, such as but not limited to policies for certain events, activities and/or promotions. The user will be informed of these terms and conditions when and where they are applicable. When terms and conditions are applied to a certain event, activity or promotion, in the event of a conflict between these terms and conditions and those applicable terms and conditions, these terms and conditions will prevail.

2.15       It is specifically recorded that the user cannot use this website in the event that he/she/it does not consent to these terms and conditions.

2.16       All the original terms and conditions have been drafted in English, which may be translated into other languages. In the event of a conflict between any and all translations, the original English version shall stand.  

  1. 3.             NATURE OF THE WEBSITE

3.1         The nature of the website is hereby described as, but not limited to, the following, namely: 

3.1.1     Creating and selling printed canvases, either in an already printed format or according to the user’s custom specifications;

3.1.2     Creating a digital platform to advertise the sale and trade of artistic works;

3.1.3     Creating and maintaining a platform for third parties to sell their artistic works, all of whom shall be represented by the website. 

  1. 4.             PRINCIPAL ADDRESS

4.1         Jerry Boyd (Pty) Ltd is a juristic person incorporated in terms of the company laws of the Republic of South Africa with its principal address at: Ridgeway Extension 4, Jansje Street, Johannesburg, Gauteng, South Africa. 

  1. 5.             GOVERNING LAW AND JURISDICTION

5.1         These terms and conditions shall be construed, governed, used and interpreted by the laws of the Republic of South Africa. 

5.2         All aspects concerning the construction, validity, and enforcement of these terms and conditions shall be governed in accordance with the laws of the Republic of South Africa.

5.3         In the event of any action taken by either the website or user, the successful party shall be entitled to their reasonable attorney and client fees. 

5.4         The user consents irrevocably and unconditionally to the jurisdiction of the courts of the Republic of South Africa for any/all matters arising from the use of this website. 

  1. 6.             FORMATION OF AGREEMENT

6.1         The user must be the minimum age of 18 years of age to enter into and form a legally binding contract with the website.

6.2         Any agreement concluded between the website and the user shall be concluded at the time when and place where the acceptance of the offer was received by the offeror.

6.3         Any such agreement shall not be without legal effect merely because it is in the form of a data message and is not evidenced by an electronic signature but by means of a person's (juristic or otherwise) intent.

6.4         The user agrees to provide factual, correct and complete information as may be requested by the purchase order and delivery process. 

6.5         In the event that the user knowingly provides any information that is false or incomplete, the website reserves the right to terminate the purchase order  between the website and the user.

  1. 7.             USE

7.1         The use of the website, subject to these terms and conditions, is free of charge. 

7.2         Use of the website shall be regarded as the user’s intent to abide by all the terms and conditions of the website.

7.3         There are no registration requirements for the purpose of browsing the website, however, when the user makes a purchase from the website, it will require the user to provide personal information in order to complete and ensure prompt delivery of the purchase order.

  1. 8.             PROHIBITED USE 

8.1         The website shall, but in no way be limited to, regard the following acts as prohibited use of the website, namely: 

8.1.1     Where the user breaches the provisions of any and all local, national or international laws and regulations;

8.1.2     The user acts in a manner that is unlawful, fraudulent and/or has an unlawful or fraudulent intent and/or has an unlawful or fraudulent effect;

8.1.3     Any and all acts that have a harmful and/or detrimental effect on minors and vulnerable members of society; 

8.1.4     Where the users sends, knowingly receives, uploads, downloads, uses or re-uses any material that does not comply with these terms and conditions; 

8.1.5     To transmit, procure any information from the website for the purpose of any form of advertising (spam);

8.1.6     To knowingly use the website to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other program or similar computer software that has a harmful and/or deceitful intent;

8.1.7     Reproduce, duplicate, copy or attempt to re-sell any part of the website; and 

8.1.8     Damage or disrupt any of portion of the website, equipment or network on which information is stored by the website or any third party. 

  1. 9.             USER’S RIGHTS AND RESPONSIBILITIES

9.1         The user shall be entitled to the following rights, namely: 

9.1.1     That the products and services provided for on the website are provided to the user with the utmost care and professionalism; 

9.1.2     Receive the product and/or service as described by the website when making the purchase order;

9.1.3     To receive the correct price, product labelling and trade descriptions of goods and services provided by the website; 

9.1.4     Receive a record of the purchase order;  

9.1.5     To raise a complaint with any product or service provided by the website; 

9.1.6     Return unsafe and/or defective goods and/or goods that contain a failure and/or goods that are a hazard;

9.1.7     To be treated with respect and dignity in the selling, advertising and marketing of goods and services provided by the website; 

9.1.8     Have personal information protected and to restrict unwanted direct marketing; 

9.1.9     In the event of direct marketing by the website, to rescind a purchase order without reason or penalty by giving the website written notice within 5 (Five) days of the purchase order; 

9.1.10   Receive fair and honest dealing from the website;

9.1.11   Not to receive false, misleading or deceptive representations from the website; and

9.1.12   Receive information in plain and understandable language;

9.2         The user shall bear certain responsibilities, which include but are not limited to the following, namely: 

9.2.1     To provide the website with its/her/his full and complete information when completing the purchase order; 

9.2.2     To pay for the products and services of the website; 

9.2.3     Not to use the products and services for any illegal reasons; 

9.2.4     Not to remove, change or delete any ownership notices; and

9.2.5     Abide by these terms and conditions.

9.3         By the use of the website, the website has granted the user a personal, non-transferable,non-sublicense, non-exclusive, revocable license to make use of the object code and/or its software on a single device, the user shall not allow any third party to duplicate, alter, modify, create, plagiarize, reverse engineer, reverse assemble, make an attempt to locate or discern the source code, sell, assign, sublicense, grant a security interest in the website and/or object code and/or software. 

  1. 10.          ADVERTISEMENT OF PRODUCTS AND/OR SERVICES 

10.1       The website reserves the right to amend, any time, any advertised product and/or service in order to maintain the standard and integrity of the website, without notice to the user.

10.2       The website shall make every effort to confirm that the product and/or service belongs to that party holding its/her/his self out to be the owner/licensee thereof, however, this clause shall not be construed as an obligation on the website to confirm the ownership of a product and/or service of the third party.  

  1. 11.          ADVERTISING AND ADVERTISING STANDARD 

11.1      The website hereby declares the following in relation to the products and/or services advertised on the website:

11.1.1   All the content on the website is legal, decent, honest and truthful;

11.1.2   It is not misleading and does not amount to puffery or a hyperbole; 

11.1.3   When claiming expert opinion that proof as an expert will be provided; 

11.1.4   Complies with the principles of fair competition;

11.1.5   Does not bring advertising and/or the e-commerce industry into disrepute, and/or reduce the public’s confidence in the advertising and e-commerce industry;

11.1.6   Does not expose the financial, commercial, scientific, technical information and   trade secrets of a third party; 

11.1.7   Does not amount to disparagement or comparative advertising;

11.1.8   Does not amount to the exploitation of the advertising and/or business goodwill of another advertisement and/or website; 

11.1.9   Does not amount to the imitation of a local or international advertisement and/or website;

11.1.10 It does not contain the sensitive information of third parties; 

11.1.11 It does not infringe on a person’s race, ethnicity, sexual orientation, religious belief, and physical disability; 

11.1.12 Does not disclose the financial, operational and legal information of a third party, without their consent; and

11.1.13 It upholds the intellectual property rights of third parties. 

11.2       The website reserves the right to publish advertisements on the website, through other online and offline advertisement distribution channels which may include third parties. The website may from time to time cooperate with other media partners which will not require the consent of the user. 

11.3       The website reserves the right to convert and advertise across a variety of mechanisms and devices. 

11.4       The website reserves the right to make changes to any advertisement and/or aspects of the business be it, but, not limited to, the position, sign or placement of the advertisement and/or website.

  1. 12.          PRODUCT DESCRIPTIONS

12.1       Every effort will be made in providing the user with the sufficient and correct product information, description and images, however, the user agrees and accepts that the website shall not be held responsible for errors and/or to any and all product information provided to the user and/or any loss, claim or expense based error of this nature.

12.2       The website does not warrant that the products and/or services or any other content is accurate, complete, reliable, fit for its purpose, current or error-free. 

  1. 13.          AVAILABILITY 

13.1      The website will insofar as possible, endeavour to complete a user’s purchase order once it is complete and paid for as required. In the event that the product is not available after the user has completed the purchase order and paid for the product, the user will be refunded the purchase price within 7 (Seven) days, however, the website reserves the right to offer a replacement product of a similar nature and quality.  

13.2      In the event that the user’s purchase order includes multiple items and some items are temporarily unavailable, the available products will be delivered first with the remaining products to be delivered when they become available.  

13.3       The user retains their rights in terms of Section 46 of ECTA.            

  1. 14.          PRICES

14.1       Prices displayed on the website are inclusive of Value-added-tax, however, exclusive of delivery costs and/or any other costs associated with the purchase order. 

14.2       The final price will be clearly set during the payment procedure, therefore, the price displayed on the website does not constitute the final price due and payable by the user when the purchase order is placed.

14.3       The website reserves it’s right to change and/or modify prices at any given moment, without notice to the user. 

14.4       The website will not be bound to any incorrect price that appears on the website, further, a price that is not correct on the total at the time of the purchase order. 

  1. 15.          PAYMENT 

15.1       The website will promptly guide the user through the purchase order process. 

15.2       The website accepts online payments through Payfast. 

15.3       When the user makes a payment, the user warrants that: 

15.3.1   That all the payment information provided by the user is both truthful and accurate; 

15.3.2   The account used to pay for the product and/or service has sufficient funds to cover the full purchase order; and 

15.3.3   The account used to pay for the product and/or service is an active account, has not expired and has not been cancelled; and

15.3.4   The user is the authorised holder of that account. 

15.4      All payments may be subject to a pre-authorisation check on payment of the purchase order to ensure that there are sufficient funds in the nominated account. In the event that the facility refuses the payment and/or does not authorise the payment, the user will be duly informed and the purchase order will be cancelled. 

15.5       The website reserve its rights to immediately cancel a purchase order where the billing information does not match the banking records and/or the banking facility has expired and/or there is a reasonable suspicion/potential risk of fraud or any other security issue detected and/or related to the user’s banking facility. 

15.6       A successful purchase order will include all of the following: 

15.6.1   Completed and submitted purchase form; 

15.6.2   An acceptance of the purchase and submission by the website;

15.6.3   A successful and completed payment. 

15.7       By completing a purchase order, the user authorises the website to process payments, refunds and attend to adjustments to the purchase order. 

  1. 16.          DELIVERY

16.1       Without exception, the product will be delivered to the address indicated in the user’s purchase order. This address must be a postal or physical address within the Republic of South Africa. The website cannot attend to deliveries outside the Republic of South Africa. In such an instance, it shall be the duty of the purchaser to arrange for the collection and delivery of the product.

16.2      The risk of loss and title of the product passes to the user upon transmission of the product to the user. It is, therefore, the duty of the user to secure insurance on the product before the product is delivered to the user. 

16.3       It is the duty of the user to check that all the products are received as indicated on the waybill and/or delivery note and/or invoice. By acknowledging delivery of the shipment, it shall be regarded that all the products in the purchase order were duly received by the user. 

16.4       The website will not be held liable for the delivery of a purchase order that does not contain all the products so purchased, unless, specifically recorded in writing by the website. 

16.5       The website’s delivery obligation to the user is complete when the purchase order is delivered to the user’s nominated address as indicated in the purchase order.

16.6       In the event that the incorrect product has been delivered to the user, the website will at its own cost collect the product from the user and ensure delivery of the correct purchase order.  

  1. 17.          RETURNS

17.1       The user is granted a period of 24 (Twenty-four) hours, calculated from the date of delivery to inspect the purchased products for any damage and/or factory defects. The user is required to ship the damaged and/or factory defect product to the website’s offices within 7 (Seven)) days of delivery. Once the damaged and/or factory defective product is received by the website, it will have a 10 (Ten) day inspection period, wherein, the website will inspect the products to determine whether the damage was damage as the result of the delivery process and/or that it is due to a factory defect. Within 14 (Fourteen) days of returning the product, the website will inform the user of their decision to refund the user in full, or according to other terms as decided by the website.

17.2       An unwanted purchase order may be returned, subject to the following requirements, namely: 

17.2.1   The product is undamaged and unused; 

17.2.2   The product contains the original labels, stickers and/or any other marking intended to appear on the product and/or its packaging;

17.2.3   The product remains in its original undamaged packaging, insofar as possible, with its seals intact; and 

17.2.4   No parts or accessories are missing. 

17.3       A user may exchange a product for a variation of the same product. 

17.4       When returning the product, it is the duty of the user to: 

17.4.1   Package the product safely and securely; 

17.4.2   Clearly mark the product; and

17.4.3   Ensure that items relating to the product (parts and accessories) are returned. 

  1. 18.          CANCELLATION OF PURCHASE ORDER

18.1       The user may cancel the purchase at any time before delivery of the purchase order. In such an event, the website reserves the right to apply a reasonable cancellation fee. 

18.2       In the event that the user cancels the purchase order once the product has been sent for delivery, the user will be required to follow the website’s returns process. 

  1. 19.          CPA

19.1       The CPA applies to all service and products provided by the website.

19.2       In accordance with the provisions of the CPA, within 6 (Six) months of delivery of the product the user retains the right to: 

19.2.1   Return a product that fails to satisfy the requirements and standards of Section 55 of the CPA, and request a refund subject to the website’s terms and conditions; 

19.2.2   Request a replacement of the product, subject to the website’s terms and conditions; 

19.2.3   Request that the product be repaired, subject to the website’s terms and conditions. Any product repaired in terms of 56 of the CPA shall receive a 3 (Three) month warranty on the repaired part of the product. 

19.3       In the event that the product cannot be replaced or repaired, the user will be refunded, subject to the website’s terms and conditions. 

  1. 20.          INTELLECTUAL PROPERTY OF WEBSITE 

20.1      The user acknowledges that Jerry Boyd (Pty) Ltd and/or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the website, including but not limited to; copyright, trademarks, patents, designs, goodwill and trade secrets. 

20.2      The user acknowledges that he/she/it/they may not without the prior written consent of Jerry Boyd (Pty) Ltd, use, reproduce, adapt, distribute, publish in any form, deal with or interfere with its intellectual property. 

  1. 21.          INTELLECTUAL PROPERTY OF THIRD PARTIES 

21.1      Third parties retain their intellectual property rights in any copyright, trademarks, patents, designs, goodwill, and trade secrets published and used by the website. 

21.2       Third parties consent, accept and grant the website a royalty-free, non-exclusive, irrevocable license to use and apply their Intellectual property on the website, and for marketing purposes.

21.3      Third parties agree that the website retains the right to immediately remove any intellectual property on receipt of a take-down notice and/or after receiving a complaint from the intellectual property holder.

  1. 22.          THIRD PARTIES

22.1       The website may partner with third parties such as, but not limited to; third-party websites, social media platforms, mobile apps and other products and services. The user may interact with these platforms, however, the website does not endorse, monitor or have any control over these platforms which will be subject to its own terms and conditions. 

  1. 23.          LIABILITY OF THE WEBSITE

23.1      The website does not guarantee the content, accuracy of its content, the safety of any communication, the quality of communication or the legality of communication on the website. 

23.2      The website does not guarantee a continuous and/or secure access to the services of the website. 

23.3      The website cannot guarantee unsolicited goods, services and/or communication through the use of the website. 

23.4       No advice, assurance, recommendation or guidance can be provided by the website, and where such advice, assurance, recommendation or guidance is provided the user cannot rely on the accuracy or validity of the advice, assurance, recommendation or guidance, nor can the website accept responsibility for any errors or omissions in the information, advice, recommendations or guidance provided. 

23.5       From time to time the website may include information about special offers, incentives or pricing programs, however, in such an instance the website is not responsible for the content of such offers, nor responsible for any errors or omissions in the offer or description. 

23.6       The website will not be held liable for any user who under the age of 18 years of age improperly accesses the website and/or makes use of the services of the website.

23.7       The website will not and expressly disclaims any liability to a user for any content, information, text, graphic, images, audio, video or any other material uploaded to the website. 

23.8       The website will not be liable for any or all delays, interruptions, service failures or any other problems inherent in the use of the internet, electronic communications or other systems which are out of the control of the website. 

  1. 24.          PERSONAL AND BUSINESS INFORMATION

24.1      The user hereby consents to any and/all collection, collation, processing, the disclosure of any personal and business information.

24.2      The user consents to the disclosure of information that is requested, collected, collated, processed or stored.

24.3      The user consents to the international disclosure of information requested, collected, processed or stored. 

24.4      Use of personal and business information shall only be for the purpose for which it was disclosed.

24.5      The website shall keep a record of personal and business information that it used together with its purpose.

24.6      The website will not disclose personal and business information to a third party unless required, permitted by law or authorized by the user. 

24.7      The website may delete and destroy all personal and business information which has become obsolete. 

24.8      The website may compile profiles for statistical purposes, may trade freely with such profiles and statistical data.

  1. 25.          PRIVACY AND CONFIDENTIALITY

25.1      The website reserves its right to request proof of identity from the user to verify their identity and/or request the necessary information in compliance with South African privacy and financial regulatory laws. 

25.2       The website will treat all information as confidential. 

25.3      The website and user respectively agree to mutually comply with the applicable privacy and data protection laws of the Republic of South Africa.

25.4      For the purpose of the website’s maintenance, optimisation, and operation, the website stores its data on a machine-readable form. 

25.5      It will remain the responsibility of the user that any personal information and/or any other security device is kept safe and confidential, to do so with due diligence and due care and take the necessary steps to ensure that it is not disclosed to unauthorised persons. 

25.6       The user warrants not to forward or otherwise communicate the personal data of other users and will comply with all the applicable data protection and privacy laws, rules and regulations. 

25.7       A user agrees not to disclose, solicit, make available or misappropriate any confidential information, trade secrets or any other proprietary information that belongs to the website/any other user/third party without their prior written consent. 

25.8       Personal information received, stored, managed and maintained by the website shall include, but is not limited to the following, namely: 

25.8.1   Contact details which include, but is not limited to; name, email, telephone number, address, shipping details, gender, date of birth, payment information and payment history. 

25.9       The website will use the user’s personal information for the following, namely: 

25.9.1   To provide the products and services of the website; 

25.9.2   Communicate information about new/additional/varied products, services events and other promotional events; 

25.9.3   To maintain, operate, secure the business of the website; 

25.9.4   To protect the safety of the website and that of the user; and 

25.9.5   For general research and analytical purposes.

25.10    The website may share your personal information for the following reasons, namely:

25.10.1 To process payments, shipping, deliveries, manage and service the website’s data, distribute emails, research and analysis, brand management and promotions and other administrative functions; 

25.10.2 To comply with a governmental request, court order or applicable legislation; 

25.10.3 Assist in fraud prevention or its investigation. 

  1. 26.          CACHING/COOKIES CONSENT 

26.1      The user consents to the automatic, intermediate, temporary storage of data, where the purpose of storing is to make onward/future transmission of data more efficient.

  1. 27.          HOSTING 

27.1      The website shall not be held liable for damages arising from data stored as a result of the service provided by the website.

  1. 28.          INFORMATION LOCATION TOOLS

28.1      The website shall not be held liable for damages arising from links, referrals, links to infringing data messages, infringing activity, using information location tools, including a directory, index, reference, pointer or hyperlink.

  1. 29.          WARRANTY 

29.1      The website does not give any warranty of any representations, conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and/or those arising from statute. 

29.2       The use of the website and its software is used at the sole risk of the user which is provided “as is”. 

29.3       The website disclaims any and all warranties of any kind whether express or implied including but not limited to any implied, including but not limited to any implied warranties of title, merchantability or fitness.

29.4       The website makes no such warranties that the product and/or services provided will meet the requirements of the user, that the services will not be uninterrupted, timely, secure or error-free, that the product and/or service will be accurate or reliable, or meet the expectations of the user.  

29.5       Any damage to a device resulting from the use of the website shall be the sole responsibility of the user. 

  

  1. 30.          MODIFICATIONS

30.1      The website reserves the right at any time to modify the website. 

30.2      The user has the right to demand the removal and/or deletion of content from the website.

30.3      The website shall comply with the legitimate removal and/or deletion requests; however, the website shall be entitled to attend to such a request up to 72 (Seventy-two) hours on receipt of such a request.  

30.4       The user of the website agrees not to access and/or attempt to access the website through any other interface which is not provided by and/or approved by the website.    

  1. 31.          INDEMNIFICATION 

31.1      The user indemnifies and holds the website harmless against any claims or actions arising from the user, other users and/or third parties of the website whose rights or reputations have been damaged due to advertising content, in particular, prohibited content representing a violation of rights and reputation of others.

31.2       The user indemnifies and holds the website harmless against all claims, actions, suits, liabilities, costs, and expenses incurred on any product and/or service.

31.3      The user shall not hold the website liable for the actions of other users and/or third parties.

31.4      The website shall not be held responsible for any loss, be it but not limited to; loss of money, loss of profit, goodwill and reputation, special, indirect or consequential damages arising out of the use of the website and/or of its products or services. 

31.5      The website shall not be held liable for any loss or damage including but without being limited to consequential damages which the user may suffer as a result of, without limiting the generality of the aforesaid, any error in or omission from the management and operation of the website. 

31.6       To the maximum extent permitted by law, the website excludes all implied representations and warranties which, but for these terms, might apply in relation to a user’s use of the website. 

  1. 32.          TAKE DOWN NOTICE 

32.1      Any user and/or third party that is of the view that there is an unlawful activity and/or infringement of their intellectual property, a take-down notice may be addressed to:

32.1.1  Mr. Peter Balogun – info@baobabcanvas.co.za

32.2      The takedown notice must contain the following information: 

32.2.1   Full name and address;

32.2.2   Written or electronic signature;

32.2.3   Full identification;

32.2.4   Proof of the unlawful activity and/or Intellectual property infringement;

32.2.5   What remedial action is sort;

32.2.6   Telephonic and/or electronic communication details;

32.2.7   A statement that the takedown notice is done in good faith.

32.3      The person (juristic or otherwise) has the right of reply to any purported unlawful activity and/or Intellectual property infringement. 

32.4      The website shall not be held liable for the wrong take-down.

32.5      The website shall not be held liable for damages arising as the result of a takedown notice. 

  1. 33.          MALICIOUS ACTS

33.1      The user accepts that he/she/it/they shall not infect the website with viruses, worms, Trojan horses, or any other code that will have a malicious, contaminating and/or destructive effect.

33.2      The user agrees not to intercept any data or information held on the website.

33.3      The user agrees not to make use of any method to circumvent a technology prevention measure.

  1. 34.          MALPERFORMANCE 

34.1       The website will in so far as possible maintain and operate the website in a manner that complies with the generally accepted technical standards.

  1. 35.         FORCE MAJEURE

35.1      The website will not be liable for performance delays or for non-performance due to causes beyond its control.

  1. 36.         WAIVER

36.1       Any indulgence granted will not be construed as a waiver of that party’s right nor will it be regarded as an amendment of these terms and conditions. 

  1. 37.         NON-VARIATION

37.1       These terms and conditions are not capable of being varied, amended, added to, supplemented, novated or cancelled unless by Court order or by the terms of these terms and conditions or by the written consent of the website.

  1. 38.         SEVERABILITY

38.1       In the event that any portion of these terms and conditions is found to be invalid, unlawful or unenforceable, such provision shall be severable from the remainder of the terms and conditions, which shall continue to be valid and enforceable.

  1. 39.         CONSUMER PROTECTION AND CONSUMER AFFAIRS COMMITTEE

39.1      The user retains the right to lodge a complaint with the Consumer Affairs committee should he/she/it/they feel that the website has failed to comply with ECTA.  

39.2       The website will regard users (except juristic persons) as consumers under the Consumer Protection laws of South Africa and as such, any transaction will respect the respective Consumer laws and be interpreted to give effect to these consumer rights.

  1. 40.          INFORMATION OFFICER 

40.1      In the event that any user and/or third party requires information, the website elects the following information officer:

40.1.1   Mr. Peter Balogun

              Ridgeway Extension 4

              Jansje Street

              Johannesburg

              Gauteng

              South Africa

             info@baobabcanvas.co.za