1. This web site (“this web site”, “this website”,”this Website”,”this Web Site”), which is accessible at https://skinchic.co.za is made available by Vooga pty ltd, on behalf of its Owner and Partners. This web site (” this web site”, “this website”,”this Website”,”this Web Site”) is hosted and managed in the Republic of South Africa. By continuing to use this Website you accept these Terms and Conditions.These Terms and Conditions are to be read in conjunction with our Privacy Policy. By continuing to use this Website you accept our Privacy Policy.
2. The terms and conditions set out below apply to any person who uses, accesses, refers to, or views any part of this Web Site (“You” or “Your” including cognitive terms).
3. These Terms and Conditions regulate the terms and conditions upon which you may use, access, refer to, or view (individually and collectively referred to as “Use”) this Web Site and the information, content, products or services available on or through this Web Site (“the Web Site Content”), whether or not the Web Site Content is provided by or belongs to the Owner or its partners, third-party providers or any other party. The Web Site Content includes but is not limited to any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, literary works, musical works, artistic works, sound recordings, cinematograph films, program-carrying signals, published editions, computer programs, sound and television broadcasts, ring tones, ring back tones, SMS tones, artwork trade names, logos, designs, trademarks and service marks which are displayed on or incorporated in this Web Site. The terms “literary works”, “musical works”, “artistic works”, “sound recordings”, “cinematograph Films”, “program-carrying signals”, “published editions”, and “computer programs” shall bear the meanings assigned to such terms in the Copyright Act 98 of 1978.
4. Vooga pty ltd reserves the right to suspend this Web site or any part thereof or to terminate your account at any time if Vooga pty ltd deems that you are not using this Web site in compliance with these Terms and Conditions.
5. Save for any liability which may arise in terms of applicable law, Vooga pty ltd will not be liable for any loss, damage or expense arising from the use of or reliance upon the information provided on this Web site and does not guarantee the completeness or accuracy of the information contained on this Website. The Owner and it’s Partner’s shall not be liable towards you or any third party for any loss or damage, of any nature whatsoever, suffered by you as a result of, without limitation, your use of this Web Site and the Web Site Content. You consent to the exclusive jurisdiction of the High Courts in the Republic of South Africa in respect of any disputes arising out of your use of this Website or in respect of these Terms and Conditons.
6. Vooga pty ltd (Owner) and it’s Partner’s shall not be liable towards you or any third party for any loss or damage, of any nature whatsoever, suffered by you as a result of, without limitation, the unavailability, interruption, downtime, malfunction, or failure of this Web Site or the Web Site Content for any reason whatsoever.
7. You hereby indemnify and hold the Owner and partner’s harmless against any loss, liability, expense, claim, penalty or damage whether direct, indirect, special or consequential arising out of your use this Web Site Content, or any actions or transactions resulting therefrom.
8. Neither Vooga pty ltd nor any of its partner’s, employees, agents or affiliates shall be liable for any damage or loss of any nature, and howsoever arising, including out of the use of or inability to use this Website, any reliance placed on the content of this Website or any website which is linked to this Website by a hyperlink. By using this Website you indemnify Vooga pty ltd, its partner’s, employees, agents and affiliates against all such losses and damages.
9. RETURNS POLICY, DELIVERY POLICY
NO GUARANTEES AND RETURNS on any product sold on this website.
Subject to availability and payment, purchases will be processed within 2 business days. After your order is processed you can expect your order to be delivered within 7 business days. If there is an expected delay we will contact you and inform you. If you want to cancel your order due to a delivery delay we will refund your money in full. We use Fastway Couriers, if they are unable to deliver to your area we will refund your money in full.
10. The images of the products reflected in our online catalogue are for illustration purposes only and are subject to availability.
11. We reserve the right to limit quantities of promotional products to any customer at our discretion.
12. Prices are correct as at the time of publication on this Website, but are subject to change without notice.
13. Vooga pty ltd will take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website, however should there be any errors on the Website, we will not be liable for any loss, damage or expense that you incur in connection with such error, save for in the case of any incorrect purchase price, in which case we will refund to you any amount already paid.
14. Vooga pty ltd can not guarantee availability of products ordered or paid for. If a product is paid for and we can not obtain stock you will be refunded in full. Should Vooga pty ltd not be able to fulfil any order at the advertised price due to sold out stock or any other reasons, Vooga pty ltd will inform you via your elected method of communication. If you have already paid, Vooga pty ltd will reimburse you for the rand value you have paid for such product.
15. Prices will be displayed in South African Rand and include VAT. Prices are applicable to cash and credit card purchases only and include any discounts.
16. Prices on this Website apply to South Africa only and products purchased via this Website will only be delivered within South Africa to areas where we deliver.
17. Vooga pty ltd makes no representations or warranties as to the operation of this Website or the content thereof. Vooga pty ltd does not warrant that the service from this Web site will be uninterrupted, timely or error free.
18. Subject to the provisions of the ECT Act, this Web Site and the Web Site Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Web Site Content.
19. Vooga pty ltd, it’s owners and partners do not warrant that this Website, its server(s) or any electronic mail sent from this Website are free of viruses or other harmful components. You are solely responsible for the protection of your hardware and software from viruses and other harmful components.
20. The Owner also makes no warranty or representation, whether express or implied, that the Web Site Content is free of 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 of a computer system, computer network, any handset or mobile device, or your hardware or software. 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.
21. The Owner does not accept any responsibility for any errors or omissions on this Web Site or the Web Site Content. You may use this Web Site to (i) browse and print the Web Site Content, (ii) leave comments on the various blog posts, opinion polls and/or bulletin boards, and (iii) participate in any competition or promotion conducted through the Web Site.
22. Any views or statements made or expressed on this Web Site are not necessarily the views of the Owner, the Owner’s affiliates, subsidiaries, holding companies, partners, directors, employees, officers, servants and/or agents.
23. This Web Site and the Web Site Content is provided “as is” and is subject to change without notice.
24. The use of this Web Site is granted by the Owner to you free of charge and for no consideration. Therefore, Section 56 of the Consumer Protection Act 68 of 2008 (“the CP Act”) does not apply to these Terms and Conditions, to the extent that there is no implied warranty that this Web Site and the Web Site Content complies with the requirements and standards contemplated in Section 55 of the CP Act.
25. This Web Site may contain references or links to other web sites (“Other Web Sites”) and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Web Sites or the opinions, products, services of third parties. Your use of Other Web Sites or the products or services of third parties will be entirely at your own risk.
26. The Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate: the operation of this Web Site or any of the Web Site Content; or your right to Use this Web Site or any of the Web Site Content.
27. Comments made via this Website must not violate the right(s) of any third party, including any intellectual property, privacy or other personal or proprietary right. Comments containing any defamatory, unlawful, abusive or obscene material will be deleted at Vooga pty ltd or its owners or staffs discretion and the contributor of such comments will remain accountable towards any third party to whom harm has been caused. Vooga pty ltd and its third party service providers shall not be responsible, and shall have no liability to you, with respect to any information or materials posted by others on this Web site.
28. Subject to these Terms and Conditions and any Additional Terms and Conditions as defined herein, this Web Site and the Web Site Content may only be used by you for the purposes set out in these Terms and Conditions and for lawful personal and non-commercial purposes (“the Permitted Use”). The Permitted Use does not extend to the source code of this Web Site or of the source code of any software or computer program that forms part of the Web Site Content.
29. In addition, you are not allowed, without the Owner’s prior written approval, to: frame, link to, modify, distribute, commercialise, exploit and/or alter this Web Site or the Web Site Content; incorporate any part of the Web Site Content in any other work or publication; and/or perform any other act which may not be considered fair use. (collectively “Prohibited Acts”)
30. These Terms and Conditions and any restrictions on the Use of this Web Site or the Web Site Content will also apply to any part of this Web Site or the Web Site Content which is cached when Using this Web Site or the Web Site Content.
31. Requests for approval to perform a Prohibited Act must be submitted to the web site manager. The Owner is entitled, in its sole discretion, to withhold or grant consent. The Owner may also impose any conditions on any consent which is granted.
32. In Using the Web Site, you undertake to refrain from performing or attempting to perform any of the following actions or facilitating the performance or attempted performance of such actions by other persons: * any action that violates any of these Terms and Conditions * fraud, including without limitation to its common law meaning, solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”; and * violation or infringement of any intellectual property rights.
33. You may not Use this Web site to obtain or distribute: * copyrighted material or material protected by laws relating to intellectual property rights without the permission of the Owner; * material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software; * material which is defamatory, unlawful or contains hate speech; or * bulk e-mail, whether solicited or unsolicited.
34. You must not interfere with or jeopardise the functionality or the operation of any part of this Web Site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Web Site.
35. You are strictly prohibited from Using this Web Site for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
36. You may not intercept any information transmitted to or from the Owner or this Web Site which is not intended by the Owner to be received by you.
37. You must respect other users of this Web Site at all times and you must not: * post, transmit or otherwise make available, through or in connection with the Web Site anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable; * harvest or collect personally identifiable information about other users of the Web Site; * restrict or inhibit any other person from using the Web Site (including hacking or defacing any portion of the Web Site; * use the Web Site to advertise or offer to sell or buy any goods or services without the Owner’s express written consent; *reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Web Site; and * create a database by systematically downloading and storing all or any Web Site Content.
38. You may not make (and You may not allow any third party to make) any reference to the Owner, this Web Site or the Web Site Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the Owner in relation to You or a third party, or of Your services, products, opinions or conduct or those of a third party.
39. The Web Site Content, including (without limitation) any software, icons, text, links, graphics, photographic images, sound clips, music, ring tones, ring back tones, SMS tones, video clips, artwork, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, trade names, logos, trademarks and service marks (collectively, the “Products”) are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the Owner and/or our licensors. Any unauthorised Use of the Web Site Content is prohibited.
40. You will not acquire any right, title or interest in or to this Web Site or the Web Site Content other than those rights expressly granted to you in these Terms and Conditions. Your rights of Use are subject to these Terms and Conditions.
41. You shop as a guest. When checking out as a guest, you will need to provide personal details and a delivery address in order to complete the transaction. Vooga pty ltd will not store this information, unless you explicitly request that we do so. Selecting a product and adding the product to your shopping basket does not constitute a sale or order. Your order will be deemed to be confirmed once you electronically submit a completed order for one or more products offered by this Website and your payment has been authorised and you have received a tax invoice which will be sent to you via your selected communication method.
42. You do not need to register an account with us. We will communicate directly with you via WhatsApp, direct call or sms, email or any other means deemed necessary by the owners or staff of Vooga. For you to gain a better experience, we track your orders. With respect to this we may refuse to grant you use of any of our services for any reason in our sole discretion. The Owner shall not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Vooga does not have access to any of your banking data. We use PayFast as our payment gateway. We bring to your attention to also see their terms and conditions as well as their privacy policy.
43. Blog posts, opinion polls and bulletin boards may, from time to time, be made available on the Web Site.
44. By You posting or publishing any content or comment on the blog posts, opinion polls and/or bulletin boards, You: * grant to the Owner a non-exclusive, transferable, sub-licensable, royalty free, irrevocable, world-wide licence to use, publish, disseminate, distribute, reproduce, adapt, and/or sub-licence such content on the Web Site and/or to any of its affiliated publications and/or web sites and to use the content for, amongst others, its promotional, marketing and research purposes; * acknowledge and agree that while the Owner is unable to review all content posted in the blog posts, opinion polls and bulletin boards, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason; * acknowledge that should You disclose Your personal information in any of the comments posted by You, Your personal information may be viewed, collected and/or used by any other party Using the Web Site. In such circumstances, You agree that the Owner shall not be obliged to protect Your personal information or any other interest in law or otherwise, and You indemnify the Owner from any loss (whether direct, indirect or consequential) You may suffer as a result of any party being privy to Your personal information; * agree that You may use the blog posts, opinion polls and/or bulletin boards only for personal non-commercial purposes.
45. You further agree not to post or publicise: * any content which may be considered, amongst others, abusive, obscene, defamatory, pornographic or illegal; * off-topic content, or the same content in multiple blog posts; *any graphics, audio or JavaScript files; and * any content that may, in the opinion of the Owner, be seen as (without limitation) solicitation of funds or advertising of goods or services.
46. You acknowledge and agree that the Owner shall be entitled, in its sole discretion and for any reason, to prohibit you, from posting any comment on the blog posts, opinion polls and/or bulletin boards.
47. Addresses for notices: Except where stated otherwise in these Terms and Conditions, the Owner’s address for the service of any notice is: * Postal address: PO Box 1863, Lenasia 1820 * Email address: bhamini@laserchic.co.za *Email address 2: skinchicsouthafrica@gmail.com *Email address 3: bellezzatheme@gmail.com *Phone number 1: 072 509 9622 *Phone number 2: 071 872 4955
48. Competition Rules:
The following rules shall apply to all competitions conducted through the Web Site (“the Competitions”), unless other rules are specifically provided in relation to a competition:
* the Competitions are only open to persons who are (i) natural persons, (ii) 18 years or older, and (iii) either South African citizens or permanently resident in South Africa;
* all employees, directors, members, partners or agents of the Owner and/or its affiliated and associated companies, are not eligible to participate in the Competitions;
* participation in the Competitions and any prizes redeemed are subject to these Terms and Conditions, which will be interpreted by the Owner in accordance with the contents hereof;
* the Owners reserve the right to amend these Terms and Conditions at any time, without notice. The Owners will not be required to provide any reasons for any alteration or amendment of these Terms and Conditions;
* the Owners shall not be liable to You or any third parties for any loss or damage, of any nature whatsoever, allegedly suffered by You as a result of your participation in any of the Competitions;
* all information, rules or conditions relating to the Competitions, published in any publication or in any promotional or advertising material in any media, will form part of these Terms and Conditions;
* any prizes redeemed pursuant to the Competitions are not transferable and/or negotiable;
* in the event of a dispute, the decision of the Owner will be final and binding in all aspects of the Competitions, and no correspondence will be entered into;
* You hereby indemnify the Owner, its associated companies, advertising and promotion agencies, and its directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever in connection with Your participation in any of the Competitions.
* Your attention is drawn to the Owner’s Privacy Policy, the contents of which form part of these Terms and Conditions of Use.
49. You agree that: by clicking/checking the “I Agree” button, and/or making use of this Web Site signifies your agreement to comply with these Terms and Conditions these Terms and Conditions shall apply even where the Web Site Content is provided by or belongs to our clients, affiliates, subsidiaries, holding companies, partners, third-party providers or any other party; and we may at any time amend, or impose additional terms and conditions relating to any service, the content, products, facilities or functionality which is made available by the Owner or the Owner’s affiliates, subsidiaries, holding companies or partners, by way of this Web Site or otherwise (“the Additional Terms and Conditions”). If You wish to Use these services, content, products, facilities or functionality, You must agree to the Additional Terms and Conditions as defined herein. You do not require notice of the amendment of these terms and conditions as each time you log onto the web site you will conclude a new agreement with the Owner.
50. If You do not agree to these Terms and Conditions, DO NOT USE this Web Site and the Web Site Content. You must immediately delete all copies of the Web Site Content in Your possession or under your control. This includes, but is not limited to, any Web Site Content which has been copied or cached by you.
51. You are allowed to print a copy of these Terms and Conditions
52. In agreeing to the above you acknowledge, understand and accept that the Owner’s conduct as aforesaid shall not be a breach of these Terms and Conditions at all and shall not afford you the right to cancel these Terms and Conditions.
53. You may, in your sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
54. Your use of this Web Site or any of the Web Site Content.
55. You may not transfer any rights granted to you in terms of these Terms and Conditions to any other person or entity.
56. The Owner is allowed to grant the same, similar, additional or different rights to any other person or entity.
57. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for purposes of the Permitted Use.
58. Variation of certain deeming provisions in the ECT Act
59. By Using this Web Site, you agree that these Terms and Conditions create a binding agreement between the Owner and You, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:
* the agreement will be treated as if it was concluded at the Owner’s physical address on the date on which you first made any Use of this Web Site.
* an electronic signature is not required by You or the Owner for purposes of agreeing to these Terms and Conditions. You agree that by Using this Web Site or the Web Site Content this will be sufficient evidence of your agreement to these Terms and Conditions;
* any data message sent by You to the Owner will be deemed to have been sent from the Owner’s physical address detailed in the clause below if neither your usual place of business nor residence is located within the Republic of South Africa;
* any data message sent by the Owner to You will be deemed to have been received by you at the Owner’s physical address detailed in the clause above if neither your usual place of business nor residence is located within the Republic of South Africa;
* any communication sent to you by an information system programmed to operate automatically on behalf of the Owner will not be a data message attributable to the Owner or authorised by the Owner;
* subject to above and below of these Terms and Conditions, a data message sent by you to the Owner will only be treated as having been received by the Owner when same is received in the Owner’s server; and
* this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
60. You agree that your communications on this Web Site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by the Owner or any other competent authority.
61. If you make a payment on the Web Site, you agree to our Payment Terms.
62. The Owner is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion (“Amended Terms and Conditions”). These Amended Terms and Conditions will be displayed on this Web Site. On the first occasion on which you Use this Web Site after the Amended Terms and Conditions have been displayed on this Web Site, if you continue to Use this Web Site after having had a reasonable opportunity to review the Amended Terms and Conditions, the Amended Terms and Conditions will immediately be treated as being effective and binding on you.
It is your responsibility to access and familiarise Yourself with any Amended Terms and Conditions on each occasion that you make Use of this Web Site or the Web Site Content.
63. All notices to the Owner must be marked for the attention of the Web Site Manager. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the Owner (see clause 47 for details) and also either delivered by hand to the physical address of the Owner or sent to the Email address of the Owner (see clause 47 for details).
Notices given to the above addresses will only be deemed to have been duly given:
* 14 days after posting, if posted by registered post to the Owner’s postal address;
* 3 days after delivery, if delivered by hand to the Owner’s physical address;
* 7 days after confirmed successful transmission, if sent to the Owner’s email address.
64. Disputes, claims and legal proceedings
* Subject to the clause below, any dispute declared between You and the Owner arising out of or in connection with these Terms and Conditions or the Use of the Web Site or the Web Site Content, including after termination, cancellation or amendment of these Terms and Conditions such dispute will be adjudicated in the Magistrate’s Court having the necessary jurisdiction to do so. This clause will continue to apply after termination, cancellation or amendment of these Terms and Conditions.
* You and the Owner agree that both parties are entitled, but not obliged, to institute any proceedings arising out of or in connection with these Terms and Conditions or your Use of the Web Site or of the Web Site Content, in any Magistrates’ Court in the Republic of South Africa having jurisdiction over You or the Owner, even though the cause of action in question exceeds the jurisdiction of that court.
* Neither You nor the Owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
Costs
* In the event that is becomes necessary for a party (“the Innocent Party”) to these Terms and Condition to institute any legal proceedings against the other party (“the Guilty Party”) in order to enforce any provision of these Terms and Conditions, any and all costs, including legal costs on attorney and own client scale and value-added tax, incurred by Innocent Party arising out of Your Use of this Web Site or the Web Site Content, or a breach of these Terms and Conditions, will be borne by the Guilty Party.
Assignment
* You may not cede, assign or transfer any of your rights and obligations in these Terms and Conditions without the prior written consent of the Owner, which consent shall not be unreasonably withheld.
* The Owner may not cede, assign or transfer any of the Owner’s rights and obligations in these Terms and Conditions without Your prior written consent, which consent shall not be unreasonably withheld.
Interpretation
* The clause headings in these Terms and Conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these Terms and Conditions.
* Any reference in these Terms and Conditions to the singular includes the plural and vice versa. Any reference in these Terms and Conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa.
* Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
defined in these Terms and Conditions will bear the same meaning throughout these Terms and Conditions;
not defined in these Terms and Conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
* A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
* In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
* References to “writing” or notices “in writing” by the Owner in these Terms and Conditions does not only include writing on paper signed in ink by an authorised representative of the Owner and specifically includes any writing which may be in electronic form.
* No relaxation or indulgence which either party may grant to the other will be deemed to be a waiver of any of the indulgent party’s rights in these Terms and Conditions or in law.
* In the event of any conflict between these Terms and Conditions and any Additional Terms and Conditions, the Additional Terms and Conditions will prevail.
* The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or the Owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of You or the Owner nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
65. Limitation of liability for Use of this Web Site and the Web Site Content:
Use of this Web Site and the Web Site Content is entirely at Your own risk.
Subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 (“the ECT Act”) and the Consumer Protection Act 68 of 2008 (“the CPA Act”):
To the fullest extent allowed by law, if any of the limitations or exclusions of the liability of the Owner in these Terms and Conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of the Owner to You exceed R1 000 (one thousand rand).
Any reference to the Owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the Owner.
In the event that you or a person not a party to this agreement, suffer any loss or damage, whether as a direct or indirect result of your use of, reliance upon this Web Site, the Web Site Content or any transactions resulting there from, the Owner is not legally obliged to pay You for such losses or damage.
Exclusion of warranties and representations
You must not rely on any warranty or representation, which allegedly induced you to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.
This Web Site and the Web Site Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any service or product.
You must not enter into any transactions, make any investments, make decisions of any nature, including, without limitation, any purchases or any financial or commercial decisions, or incur any loss or liability based partly or wholly on the Web Site Content. You should always obtain independent expert advice prior to making any financial, commercial or other decisions.
You agree that the Owner has not made the representations and warranties listed therein, and therefore you did not accept these Terms and Conditions based upon any such representation or warranty. Therefore, you agree that the Owner shall not be liable for any loss or damage you allegedly suffer as a result of such a representation or warranty.
Subject to the provisions of the ECT Act and the CP Act, the Owner shall not be liable for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties.
65. Intellectual Property
Where any of the Web Site Content has been licensed to the Owner 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.