TERMS OF USE
Website Terms and Conditions of Use Relating to www.baxkap.co.za
By accessing and using the Website, the User agrees to be bound by the
Terms and Conditions set out in this legal notice. The User may not
access, display, use, download, and/or otherwise copy or distribute
Content obtained on the website for marketing and other purposes
without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic
means, the user consents and acknowledges that any and all agreements,
notices, disclosures, or any other communication satisfies any legal
requirement, including but not limited to the requirement that such
communications should be in writing.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from
portions or the whole of these Terms and Conditions from time to time.
Changes to these Terms and Conditions will become effective upon such
changes being posted to this Website. It is the User's obligation to
periodically check these Terms and Conditions at the Website for
changes or updates. The User's continued use of this Website following
the posting of changes or updates will be considered notice of the
User's acceptance to abide by and be bound by these Terms and
Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently
or anticipated to be displayed at this Website is provided by Provider,
its affiliates and/or subsidiary, or any other third party owners of
such content, and includes but is not limited to Literary Works,
Published Editions and Computer Programs ("the Content"). All such
proprietary works, and the compilation of the proprietary works, are
copyright the Provider, its affiliates or subsidiary, or any other
third party owner of such rights ("the Owners"), and is protected by
South African and international copyright laws. The Providers reserve
the right to make any changes to the Website, the Content, or to
products and/or services offered through the Website at any times and
without notice. All rights in and to the Content is reserved and
retained by the Owners. Except as specified in these Terms and
Conditions, the User is not granted a license or any other right
including without limitation under Copyright, Trademark, Patent or
other Intellectual Property Rights in or to the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of these
Terms and Conditions, a non-exclusive, non-transferable, limited and
revocable right to access, display, use, download and otherwise copy
the current and future Content for personal, non-commercial and
information purposes only.
This Website and the Content may not be reproduced, duplicated, copied,
resold, visited or otherwise exploited for any commercial purpose
without the express prior written consent of Provider. The license does
not allow the User to collect product or service listings, descriptions
or other information displayed here, and does not allow any derivative
use of this Website or the Content for the benefit of another merchant.
The User may not frame nor use framing technologies to enclose the
Provider Website or the Content nor any part thereof without the
express written consent of Provider. Provider and the Owners do not
offer products or services to minors. If you are under the age of 18,
you may not respond to or otherwise accept or act upon any offers in
the Website.
Provider and the Owners, their affiliates or subsidiary reserve the
right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion. Any unauthorised use
terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or
future offer of products or services, are provided on an "as is" basis,
and may include inaccuracies or typographical errors. The Owners make
no warranty or representation as to the availability, accuracy or
completeness of the Content. Neither Provider nor any holding company,
affiliate or subsidiary of Provider, shall be held responsible for any
direct or indirect special, consequential or other damage of any kind
whatsoever suffered or incurred, related to the use of, or the
inability to access or use the Content or the Website or any
functionality thereof, or of any linked website, even if Provider is
expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal
information. The Website servers will in such instances collect the IP
address of the User computer, but not the email address or any other
distinguishing information. This information is aggregated to measure
the number of visits, average time spent at the Website, pages viewed,
etc. Provider uses this information to determine use of the Website,
and to improve Content thereon. Provider assumes no obligation to
protect this information, and may copy, distribute or otherwise use
such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from
its offices within the Republic of South Africa. Access to the Website
from territories or countries where the Content or purchase of the
products sold on the Website is illegal is prohibited. If the User
accesses this Website from locations outside of South Africa, that User
is responsible for compliance with all local laws. These Terms and
Conditions shall be governed by the laws of the Republic of South
Africa, and the User consents to the jurisdiction of the Cape High
Court in the event of any dispute. If any of the provisions of these
Terms and Conditions are found by a court of competent jurisdiction to
be invalid or unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect to the intent of these
Terms and Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect. These Terms and Conditions
constitute the entire agreement between the Provider and the User with
regard to the use of the Content and this Website.