1. Introduction

1.1. This document sets out the terms and conditions (“Terms”) of KUGA, its subsidiaries and affiliated companies (“Company” or ”We”)) pertaining to the access and use of the information, goods, services and functions referred to-, or provided on https://kuga.co.za.dedi615.flk1.host-h.net/ (“Website”).

1.2. Should any person that accesses the Website (“You” or “User”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our goods and services. 

1.3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.

1.4. KUGA reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the Company from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

1.5. We will give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.

1.6. If there is anything in these Terms that you do not understand then please contact us as soon as possible – refer to clause 21 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

1.7. We may receive various types of information (“Information”) from you when you visit our Website, including personal information, as defined in the Protection of Personal Information Act (“POPIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

1.8. We may electronically collect, store and use Personal Information which you provide on the Website, with your consent.

1.9. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Important Notice

2.1. These Terms and Conditions apply to all Users, including Users who are consumers for purposes of the Consumer Protection Act, 68 of 2008. Nothing herein should however be read or interpreted to extend to any party other than consumers (as defined in the CPA) the rights attributed to them (consumers) in terms of the CPA.

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1. may limit the risk or liability of the Company or a third party;

2.2.2. may create risk or liability for the User;

2.2.3. may compel the User to indemnify the Company or a third party; and/or

2.2.4. Serve as an acknowledgement, by the User, of a fact.

2.3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask KUGA to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.4. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either You or the Company in terms of the CPA.

2.5. By using the Website, you shall be deemed to have accepted all the Terms and Conditions unconditionally.

3. Disclaimer

KUGA disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website.

4. Registration and accounts

4.1. To be eligible for an account on our Website, you must be resident or situated in the Republic of South Africa or neighbouring countries.

4.2. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

4.3. You must not allow any other person to use your account to access the website.

4.4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5. User login details

5.1. If you register for an account with our website, you will be asked to choose a user ID and password.

5.2. You must keep your password confidential.

5.3. You must notify us in writing immediately if you become aware of any disclosure of your password.

5.4. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

6. Cancellation and suspension of account

6.1. We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

6.2. You may cancel your account on our website using your account control panel on the website.

7. Content

7.1. The Company reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website. 

7.2. The Company reserves the right to change and amend the products, prices and rates quoted on this Website from time to time, without notice. 

7.3. The Company may use the services of third parties to provide information on the Website. The Company has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The User agrees that such information is provided “as is” and that The Company and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise. 

7.4. The Company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation: 

7.4.1. The Company does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. The Company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy; 

7.4.2. whilst The Company has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and 

7.4.3. The Company disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which The Company receives it and statements from external parties are accepted as fact.

1. Linked Third Party Websites and Third Party Content

   8.1. The Company may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and The Company does not endorse, nor does the inclusion of any link imply the Company’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations. 

   8.2. While the Company tries to provide links only to reputable websites or online partners, The Company cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Company. The Company is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website. 

   8.3. You agree that the Company shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party websit

9. Delivery

9.1. As soon as the Consumer has accepted these Terms and Conditions and paid the price for the goods and/or services, the Company will deliver the goods and/or services to the Consumer according to the delivery option selected by the Consumer when making the purchase, or failing availability of such option, in any alternative manner in the Company’s discretion.

9.2. The Company may require the following before a Consumer will be allowed to take possession of the Goods:

9.2.1. Proof of identification such as a driver’s license, green barcoded ID book, Smart ID card or passport; and

9.2.2. Authentication on a mobile device.

9.3. The Consumer shall examine the Goods upon receipt and immediately notify the Company if the Goods are not in good working order at the time of receipt or is not the Goods ordered.

9.4. All risk in the Goods (whether within or beyond the control of the Consumer) shall pass to the Consumer immediately upon the Consumer taking possession of the Goods and the Consumer shall be liable for all loss or damage to the Goods, from any cause howsoever arising and whether or not to the Consumer’s fault or negligence or vis maior.

10. Payments

10.1. All Card Payments will be processed via 3-D Secure.

10.2. The following local Credit Cards can be used:

10.2.1. Visa; and

10.2.2. MasterCard.

10.3. When using your Credit Card to pay for your online purchase you will need the following:

10.3.1. 16 Digit Credit Card Number;

10.3.2. CVV Number on the back of your card, this is the last 3 digits; and

10.3.3. Your name as it appears on the front of the card.

10.4. In compliance with section 43(5) of the Electronic Communications and Transactions (ECT) Act, the Company uses the services of Payflex, which complies with Payment Card Industry Data Security Standard (PCI DSS) requirements.

10.5. The Company does not process or store User’s Card details.

10.6. Where payment is made via EFT, confirmation of payment must be received by the Company within 48 (forty eight) hours from the date that an order is confirmed. 

10.7. No orders will be processed until confirmation of payment has been received.

10.8. The Company reserves the right to request further information from a User in order to verify any order placed or for the processing of any payment due.

10.9. Payment will only be deemed to be successful if the Card Payment is not returned as unsuccessful after 15 (Fifteen) working days, or anytime thereafter for the period of this Agreement.

10.10. Prices of goods and services will bear Value Added Tax at the applicable rate in South Africa from time to time.

11. Pricing

11.1. KUGA will not be bound by any errors in pricing which result from technical problems on the Website or by the unlawful modification of data on the website by unauthorized persons. 

11.2. KUGA shall take reasonable steps to inform any affected Users about any pricing errors on the website as soon as they are discovered.

11.3. The costs of delivery and/or any other costs associated with any transaction will be displayed separately in the confirmation of the order before checkout.

12. Commencement of Agreement and Review of Transaction

12.1. Consumers who place an order on the Website will be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finalising the purchase of Goods. Should a Consumer, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the User may cancel the transaction within 7 (Seven) days of receiving the goods or, in the case of services, within 7 (Seven) days of the agreement being concluded. If a transaction is cancelled as aforesaid, the Consumer shall return the goods or stop using the services and the Company shall refund all payments made by the Consumer.

12.2. An order received via the Website will only be processed by the Company once payment has been received.

13. Consumer’s cooling-off rights in terms of section 44 of the ECT Act

13.1. A Consumer will be entitled to cancel, without reason and without penalty, any transaction for the supply of Goods within 7 (Seven) days after the date of delivery of the Goods. 

13.2. The only charge that may be levied on the Consumer is the direct cost of returning the Goods.

13.3. If payment for the Goods has already been made by the Consumer, they shall be entitled to a full refund of such payment within 30 (Thirty) days of the date of cancellation. 

13.4. A Consumer will not be entitled to cancel a transaction in terms of clause 12.1 when the transaction is for:

13.5. foodstuffs, beverages or other goods intended for everyday consumption by the Consumer;

13.6. audio or video recordings or computer software which has been unsealed by the Consumer;

13.7. newspapers, periodicals, magazines and books;

13.8. accommodation, transport, catering or leisure services booked for a specific date or which need to be used within a specific period; or

13.9. any goods made to the User’s specifications, or which are clearly personalised, or which by reason of their nature cannot be returned, or which are likely to deteriorate or expire rapidly.

14. Returns Policy

14.1. Please refer to the Company’s Returns Policy on its Website for more information about returning Goods (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

15. Optional Tools

15.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

15.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

15.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

15.4. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

16. Ownership and Copyright

16.1. The IP relating to the Company is protected by law, including but not limited to copyright and trade mark law. The IP is the property of the Company, its advertisers and/or sponsors and/or is licensed to the Company. 

16.2. You will not acquire any right, title or interest in or to the IP.

16.3. Any use, distribution or reproduction of the IP is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. Where any of the IP has been licensed to the Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

17. Personal Information

17.1. Your submission of personal information through the store is governed by our Privacy Policy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

18. Prohibited Uses

18.1. You are prohibited from using the Website: 

18.1.1 for any unlawful purpose; 

18.1.2. to solicit others to perform or participate in any unlawful acts; 

18.1.3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

18.1.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

18.1.5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; 

18.1.6. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

18.1.7. to collect or track the personal information of others; 

18.1.8. to spam, phish, pharm, pretext, spider, crawl, or scrape; 

18.1.9. for any obscene or immoral purpose; or

18.1.10. to interfere with or circumvent the security features of the website, other websites, or the Internet. 

19. Disclaimer of Warranties; Limitation of Liability

19.1. We do not guarantee, represent or warrant that your use of the Websitewill be uninterrupted, timely, or error-free. 

19.2. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. 

19.3. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you. 

19.4. You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Goods purchased by you through the Website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

19.5. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any Goods procured using the Website, or for any other claim related in any way to your use the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

20. Obligations/Undertakings of the Company

20.1. The Company will comply with all applicable laws, ordinances, decrees, rules and regulations and service standards relating in any manner to the performance by the Company of the obligations in terms of this Agreement;

20.2. the Company will keep and maintain all records and documents as you may reasonably require the Service Providers to keep in terms of this Agreement;

20.3. the Company may, without notice, cede and assign any or all of its rights and/or obligations under this Agreement either absolutely or as security to any third party and on any such cession and/or delegation taking place you shall make all Payments to such cessionary if so required.

21. Notices And Communication

21.1. We shall provide notices related to these Terms to the email address(es) or telephone number(s) provided by you.

21.2. You may contact us via:

21.2.1. Email: [email protected]

21.2.2. Telephone: 067 777 4777

21.3. For the purpose of these Terms, “written notice” includes email notices, which shall be deemed to have been received when completion of delivery is confirmed on a sender’s system.

22. Modification of Terms

22.1. To the fullest extent permitted by the law, we may change this Agreement in our sole discretion. If we intend on changing this Agreement, we shall notify you by email of such change and the details thereof at least seven (7) days prior to the effective date of the modified Agreement; provided that if we intend to change the Agreement to the disadvantage of you, we shall notify you of such change and details thereof at least thirty (30) days prior to the effective date of the modified Agreement.

22.2. You may refuse to give consent to any unfavorable change in this Agreement. In such case, the Agreement prior to such change shall apply; provided that you shall be deemed to have given consent to the modified Agreement if you fail to explicitly express your intent not to do so by the effective date of the modified Agreement.

23. Dispute Resolution

23.1. Any dispute which may arise between any parties to this Agreement shall first be negotiated between the parties internally.

23.2. Should negotiations fail, the matter shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.

23.3. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of 10 (ten) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.

23.4. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.

23.5. The arbitration shall be held in Pretoria at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

23.6. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

24. Breach and Termination

24.1. We may suspend, interrupt, change, or end this Agreement or any part thereof at any time for any reason in our discretion, while applying reasonable efforts to provide advanced notice to you.

24.2. In addition to any other remedies which the Company may have in law, if You fail to comply with any of your obligations under this Agreement, We will be entitled to:

24.2.1. Cancel the Agreement with immediate effect with or without a claim for damages; or

24.2.2. Take steps that may be necessary to recover any outstanding amount(s), including the institution of legal action. 

24.3. You will be liable for Attorney and own-client costs, including tracing and/or collecting and/or any additional expenditure with regard to any efforts by us to collect unpaid amounts from you.

24.4. Either you or we may terminate this Agreement by giving written notice to the other party if a Force Majeure Event continues for thirty (30) days or longer.

25. Force Majeure

25.1. Delay or failure to comply with or breach of any of the terms and conditions of this Agreement if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, pandemics, act of any Government or other Authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the Party so failing, will not be deemed to be a breach of this Agreement nor will it subject either Party to any liability to the other.

25.2. Should either Party be prevented from carrying out its contractual obligations as a result of a force majeure event lasting continuously for a period of 30 (thirty) days, either Party shall be entitled to terminate the Agreement on written notice to the other Party, without liability.

26. Indemnification

26.1. You agree to indemnify, defend and hold harmless KUGA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

27. Severability

27.1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions such determination shall not affect the validity and enforceability of any other remaining provisions.

28. Entire Agreement

28.1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

28.2. These Terms and Conditions and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). 

28.3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

29. Governing Law

29.1. These Terms and any separate agreements whereby we provide you Goods and Services shall be governed by and construed in accordance with the laws of South Africa.

30. Changes to Terms and Conditions

30.1. You can review the most current version of the Terms of Conditions at any time on the Website. 

30.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

31. Usage Restrictions

31.1. The User hereby agrees that it shall not itself, nor through a third party: 

31.1.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms; 

31.1.2. decompile, disassemble or reverse engineer any portion of the Website; 

31.1.3. write and/or develop any derivative of the Website or any other software program based on the Website;

31.1.4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of The Company; 

31.1.5. without the Company’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the User;

31.1.6. remove any identification, trademark, copyright or other notices from the Website; 

31.1.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

31.1.8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

32. Security 

32.1. In order to ensure the security and reliable operation of the services to all the Company’s users, The Company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

32.2. You may not utilise the Website in any manner which may compromise the security of the Company’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should The Company suffer any damage or loss, civil damages shall be claimed by The Company against the User.

32.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Company and its affiliates, agents and/or partners.

33. Intellectual Property Rights

33.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them: 

33.2. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Company, now or in the future, including without limitation, the Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

33.3. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, The Company and as such are protected from infringement by local and international legislation and treaties. 

33.4. By submitting reviews, comments and/or any other content (other than your personal information) to The Company for posting on the Website, you automatically grant The Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

33.5. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you. 

33.6. Except with The Company’s express written permission, no proprietary material from this Website may be copied or retransmitted. 

33.7. Irrespective of the existence of copyright, the user acknowledges that The Company is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material. 

33.8. The Company authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

34. Risk, Limitation Of Liability And Indemnity

34.1. The User’s use of this website and the information contained on the Website is entirely at the user’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof. 

34.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall the Company be liable for any loss, harm, or damage suffered by the user as a result thereof. The Company reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should the Company deem it necessary.

35. To The Extent Permissible By Law

35.1. Neither the Company, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if the Company knows or should reasonably have known or is expressly advised thereof. 

35.2. The liability of the Company for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to the Company rectifying the malfunction, within a reasonable time and free of charge, provided that the Company is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of the Company. However in no event shall The Company be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software. 

35.3. You hereby unconditionally and irrevocably indemnify service provider and agree to hold the Company free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Company or instituted against the Company as a direct or indirect result of: 

35.3.1. your use of the Website;

35.3.2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the Company;

35.3.3. your failure to comply with any of the terms or any other requirements which the Company may impose from time to time;

35.3.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

35.3.5. any unavailability of, or interruption in, the service which is beyond the control of the Company. 

35.4. The Company makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against the Company for any loss suffered by you, as a result of information supplied by the Company being incorrect, incomplete or inaccurate.