TERMS AND CONDITIONS OF USE

 

 1. DEFINITIONS

1.1. The Swimshop shall mean Aquakids Swimshop trading as The Swimshop.

 

2. USAGE

2.1. By using the The Swimshop website in any way, for any reason whatsoever,

you shall be deemed to have accepted all of these Terms and Conditions

unconditionally. You must not use this website if you do not agree to be bound by

these Terms and Conditions.

2.2. This website is intended to provide the user with information regarding The Swimshop

and its products which are offered for sale to the public.

2.3. Without derogating from the aforegoing, The Swimshop hereby authorises the

user to view, download to a local drive, copy, print and distribute the content of this

website, or any part thereof, provided that:

2.3.1. such content is used for personal benefit and/or non-commercial

purposes only; and

2.3.2. any reproduction of this the content of this website, or portion

thereof, must include the following copyright notice: © The Swimshop 2006

All Rights Reserved.

2.4. Users that wish to use content from this site for commercial purposes may only do

so with prior written permission.

 

3. INTELLECTUAL PROPERTY RIGHTS

The contents and materials of this website, including any computer programs, software,

html code, icons, text, links, graphics, artworks, images, sound clips or files, audiovisuals,

trade names, logos, trade and service marks, private information, designs and/or

product packaging are protected by law, including but not limited to copyright, patent and

trade mark law, and any adaptations of such content and materials, are the property of

The Swimshop and/or third parties and as such, are protected from infringement by

domestic and international legislation and treaties. Rights to all intellectual property on

this website are expressly reserved, subject to the rights afforded to the user herein.

 

4. AGREEMENT

4.1. The material contained on this website is for information only and does not

constitute advice or a recommendation of any nature.

4.2. To the extent that information displayed on this website relates to any products,

services, events or competitions or any costs, prices, fees or prizes related to such

products, services, events or competitions, you acknowledge that this information

may not be accurate or complete.

4.3. Any views or statements made or expressed on this website are not necessarily the

views of The Swimshop, its subsidiaries, affiliates, employees, servants or

agents.

4.4. Any of the information, products, services, events or competitions on this website

may be modified or suspended or removed by The Swimshop without notice.

4.5. Use of this website does not constitute an agreement between The Swimshop

and the user or between the user and any representative, agent, employee or

distributor of The Swimshop.

 

5. LINKING AND FRAMING

5.1. Any third party site may link to this website provided that such a link is coded to the

home page of this website.

5.2. It is expressly prohibited for any person, business, entity or website to link to any

page other than the home page of this website, without the prior written approval of

The Swimshop.

5.3. It is expressly prohibited for any person, business, entity, or website to frame any

page on this website, including the home page, in any way whatsoever, without the

prior written approval of The Swimshop.

5.4. You are not permitted to "deep link" to this website.

 

6. LINKS TO THIRD PARTY SITES

6.1. The Swimshop may provide links to the user only as a convenience and the

inclusion of any link does not imply The Swimshop's endorsement of such

sites and as such are not responsible or liable for the information, material or

contents, maintenance of, or activities conducted on, any website to which this

website provides a link.

6.2. Despite the fact that this website may refer to or provide links to other websites, your

use of such other websites is entirely at your own risk. Such other websites or pages

are not subject to the control of The Swimshop and The Swimshop

shall not be held responsible or liable, directly or indirectly, in any way for the

contents, use, or inability to use or access any linked websites or any links contained

in a linked website. Neither shall The Swimshop, its affiliates, subsidiaries,

employees, and agents be responsible for any loss, expense, claim or damage,

whether direct, indirect or consequential, arising from your use of such other

websites or your reliance on any information contained in such other websites.

 

7. SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to

search and gain information from this website is not permitted if such technology will

result in slowing down this website' server or if such technology constitutes a copyright

infringement of any data and information available from this website. Data and

information may only be used in compliance with sections 2 hereof.

 

8. CHANGES AND AMENDMENTS

8.1. The Swimshop reserves the right, in its sole discretion, to alter and/or amend

any criteria or information contained in this website without prior notice.

8.2. Users undertake to check the The Swimshop website frequently to acquaint

themselves with the changes and/or amendments in the information supplied on the

website.

8.3. If you use this website after such updated or amended Terms and Conditions have

been displayed on this website, you will be deemed to have accepted such updates

or amendments.

 

9. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC

COMMUNICATIONS AND TRANSACTIONS ACT

9.1. No information or data on this website is an offer, but merely an invitation to

purchase products.

9.2. Data messages, such as e-mail, are only deemed to have been received by

The Swimshop once replied to and such a reply does not include an auto-reply.

 

10. REQUIREMENTS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND

TRANSACTIONS ACT NO. 25 OF 2002

10.1. The full name and legal status of the website owner is: Aquakids Swimshop CC,

Reg. No 2005/159354/23

10.2. The full website address is http://www.theswimshop.co.za

10.3. Office bearer of The Swimshop:

Pippa Hitchins

10.4. Physical address for receipt of legal service:

13 Westcott

WESTVILLE

3630

10.5. Main business: The internet sale of specialist swimwear, swimming equipment,

pooltoys and associated products.

 

11. SEVERABILITY

11.1. These Terms and Conditions of Use constitute the entire agreement between

The Swimshop and you, the user of this website. Any failure by The Swimshop

to exercise or enforce any right or provision of these Terms and

Conditions of Use shall in no way constitute a waiver of such right or provision.

11.2. In the event that any term or condition of the use of this website is not fully

enforceable or valid for any reason, such term(s) or condition(s) shall be

severable from the remaining terms and conditions. The remaining terms and

conditions shall not be affected by such unenforceability or invalidity and shall

remain enforceable and applicable.

 

12. APPLICABLE AND GOVERNING LAW

12.1. This website is hosted, owned, controlled and operated from the Republic of South

Africa, and thus the South African Law governs the use or inability to use this web

site and these terms and conditions.

12.2. You consent to the jurisdiction of the South African courts for any dispute that may

arise out of these Terms and Conditions.

 

13. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI

If you have any questions, queries or wish to request permission to use any part of this

website, including, linking, framing, or searching, please contact us at:

 

13.1. Physical address:

13 Westcott Road

WESTVILLE

3629

 

Postal Address:

PO Box 244

WESTVILLE

3630