CHANGES TO THESE TERMS AND CONDITIONS
moonkalkbay.com may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, moonkalkbay.com. Any such change will only apply to your use of moonkalkbay.com after the change is displayed in these Terms and Conditions. If you use moonkalkbay.com after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.
OWNERSHIP AND COPYRIGHT
The contents of moonkalkbay.com, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in moonkalkbay.com (“Site Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of moonkalkbay.com, its advertisers and/or sponsors, and/or is licensed to moonkalkbay.com. You will not acquire any right, title or interest in or to moonkalkbay.com or the Site Content. Any use, distribution or reproduction of the Site Content is prohibited unless expressly authorized by an authorized moonkalkbay.com representative or otherwise provided for in law. To obtain permissions for the commercial use of any site Content, e-mail email@example.com. Where any of the Site Content has been licensed to moonkalkbay.com 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 which are notified to you as being applicable.
The use of moonkalkbay.com is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on moonkalkbay.com or communicated via Telephone or email. Whilst moonkalkbay.com takes reasonable measures to ensure that the content of moonkalkbay.com or as communicated via the Telephone or email is accurate and complete, moonkalkbay.com makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of moonkalkbay.com, telephone or email, or as to the accuracy, completeness or reliability of any information on moonkalkbay.com or communicated via the Telephone or email. If any such representations or warranties are made by moonkalkbay.com’s representatives, moonkalkbay.com shall not be bound thereby. moonkalkbay.com disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of moonkalkbay.com and/or any content therein, unless otherwise provided by law. Any views or statements made or expressed on moonkalkbay.com or via the Telephone or email are not necessarily the views of moonkalkbay.com, its directors, employees and/or agents. In addition to the disclaimers contained elsewhere in these Terms and Conditions, moonkalkbay.com also makes no warranty or representation, whether express or implied, that the information or files available on moonkalkbay.com are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of moonkalkbay.com, its employees, agents or authorized representatives. moonkalkbay.com thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of moonkalkbay.com.
LINKED THIRD PARTY WEBSITES
moonkalkbay.com may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and moonkalkbay.com is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use. Notwithstanding the fact that moonkalkbay.com may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
LIMITATION OF LIABILITY
moonkalkbay.com cannot be held liable for any inaccurate information published on moonkalkbay.com or communicated via the Telephone or email and/or any incorrect prices displayed on moonkalkbay.com or communicated via the Telephone or email, save where such liability arises from the gross negligence or wilful misconduct of moonkalkbay.com, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org. moonkalkbay.com shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the app or telephone service, or the content contained in moonkalkbay.com or communicated via the telephone or email; or your inability to use moonkalkbay.com or telephone or email, and/or unlawful activity on moonkalkbay.com or telephone or email, and/or any linked third party website or mobile application. Should it be found that moonkalkbay.com is liable to you; such liability shall be limited to the order charges relating to your particular order. You hereby indemnify moonkalkbay.com against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of moonkalkbay.com, telephone or email and/or any linked third party website or mobile application.
AVAILABILITY AND TERMINATION
We will use reasonable endeavors to maintain the availability of moonkalkbay.com and Telephone or Email, except during scheduled maintenance periods or Load Shedding, but are entitled at any time to discontinue providing moonkalkbay.com or Telephone or Email Service, or any part thereof with or without notice to you. moonkalkbay.com may in its sole discretion terminate, suspend and modify moonkalkbay.com and/or Telephone or Email Service, with or without notice to you. You agree that moonkalkbay.com will not be liable to you in the event that it chooses to suspend, modify or terminate moonkalkbay.com or Telephone or Email Service, other than for processing any orders made by you prior to such time, to the extent possible. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Product, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to moonkalkbay.com or Telephone or Email Service, without any prejudice to any claims for damages or otherwise that we may have against you. moonkalkbay.com is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Site or Telephone or Email Service and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by moonkalkbay.com to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to moonkalkbay.com or Telephone or Email Service), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and moonkalkbay.com, in whole or in part, on notice to you. moonkalkbay.com shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. At any time, you can choose to stop using moonkalkbay.com or Telephone or email Service, with or without notice to moonkalkbay.com.
FORCE MAJEURE EVENTS
As between you and moonkalkbay.com, you and any Courier, or you and, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions, the relationship between you and moonkalkbay.com or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of moonkalkbay.com or Telephone or Email Service will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and moonkalkbay.com, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. Nothing in this clause 21 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
moonkalkbay.com hereby selects 23 Main Road, Kalk Bay, Cape Town, Western Cape, South Africa, 7976 (with a copy to email@example.com, which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). moonkalkbay.com may change this address from time to time by updating these Terms and Conditions. You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving moonkalkbay.com not less than 7 days’ notice in writing. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent – by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.
For the purposes of the Electronic Communications and Transactions Act 2002, moonkalkbay.com ‘s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on moonkalkbay.com: Full name: Nicky Tulich, a private individual (with a copy to firstname.lastname@example.org, which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). 23 Main Road, Kalk Bay, Cape Town, Western Cape, South Africa, 7976. moonkalkbay.com may change this address from time to time by updating these Terms and Conditions. Official email address: email@example.com. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be requested from this email.
moonkalkbay.com may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of moonkalkbay.com or Telephone or Email Service, or the user’s right to use moonkalkbay.com or Telephone or Email Service, or any of its contents, subject to us processing any orders then already made by you. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or moonkalkbay.com to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which either you or moonkalkbay.com (the “grantor”) may show, grant or allow to the other of them (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future. These Terms and Conditions contain the whole agreement between you and moonkalkbay.com and no other warranty or undertaking is valid, unless contained in this document.
SPECIAL DELIVERY ARRANGEMENTS
Please ensure that any special arrangements are communicated when your order is placed so that it can be communicated to the courier timorously to avoid any delivery delays.