Date of Last Review: 14 May 2003
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE.
Definitions
"the web site owner" means Pat Grove
"this web site" means www.patgrove.com and all sub pages thereof excluding links to external sites
"user" means any person accessing any part of the web site
"consumer" means any natural person who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002
Use of this site
1. Use of this web site is at the sole risk of the user.
2. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use. Any use of the visible text or images on this web site must be accompanied by the following notice:
"© Pat Grove 2003. All rights reserved."
3. Commercial use or other non-personal use may, at the discretion of the web site owner, be permitted upon prior written request. A request for permission can be submitted by e-mailing support@patgrove.com.
Contact information
4. Please submit any query in respect of these Terms & Conditions or the use of this web site to us in any of the following ways
Web site owner: Pat Grove
Web site owner: Pat Grove
Tel. +27 (21) 6714023
Fax. +27 (21) 6714023
E-mail: support@patgrove.com
Physical Address: 14 Washington Rd, Claremont, Cape Town, 7708, South Africa
Domicilium address: 14 Washington Rd, Claremont, Cape Town, 7708, South Africa (all legal notices should be sent to this address)
5. Should a consumer wish to lodge a complaint to the effect that this site does not comply with Chapter 7 of the ECT Act, such complaint can be directed to the Consumer Affairs Committee, care of the Department of Trade and Industry.
"Cooling-off period" under Chapter 7 of the ECT Act
6. Under Section 44 of the ECT Act, any consumer who has successfully completed a transaction for the purchase of
a. goods through this site is entitled to cancel the transaction and return such goods to the physical address listed in point 4 above within 7 days of completing the transaction; or
b. services through this site is entitled to cancel the transaction and discontinue the use of such services within 7 days of receipt of the goods.
7. Section 44 does not apply, inter alia, to an electronic transaction-
d. for services which began with the consumer's consent before the end of the seven-day period referred to in section 44(1);
f. where the goods
i. are made to the consumer's specifications;
ii. are clearly personalised;
iii. by reason of their nature cannot be returned; or
iv. are likely to deteriorate or expire rapidly;
g. where audio or video recordings or computer software were unsealed by the consumer;
h. for the sale of newspapers, periodicals, magazines and books;
j. for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
8. Where a transaction is cancelled under Section 44 of the ECT Act the consumer is obliged to return the goods purchased or cease use of the services performed, and the web site owner will refund all payments made less the direct cost of returning the goods within thirty (30) days of cancellation.
No offer
9. Users should regard nothing contained in this web site as an offer but merely as an invitation to do business.
10. Transactions are concluded only through the means listed in the web site - the mere sending of data messages shall not bind the web site owner to any agreement.
Payment and pricing
11. All prices quoted on this web site are inclusive of Value-Added Tax.
12. All major credit cards are accepted as modes of payment.
13. Once a successful transaction has been entered into the web site owner will e-mail a record of the transaction to the relevant user.
14. The web site owner expressly reserves the right to alter or amend any of the prices and rates set out on this web site without any prior notice.
Performance
15. Items or services purchased through the web site will be delivered to the consumer within 30 days calculated from the day on which the web site owner received the order, unless otherwise agreed.
16. Under section 46(2) of the ECT Act the consumer may cancel the transaction on seven (7) days' written notice in the event of the web site owner not complying with clause 15 above.
Disclaimers
17. SUBJECT TO THE CONSUMER PROTECTION PROVISIONS CONTAINED IN SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002, THIS ENTIRE WEB SITE, INCLUDING BUT NOT LIMITED TO TEXT, TECHNOLOGY, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.
18. Subject to the consumer protection provisions contained in section 43 of the Electronic Communications and Transactions Act 25 of 2002, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this web site in any manner, or from the use or inability to use any product or service acquired through this web site.
19. It is the exclusive responsibility of the user to ascertain that any service offered from or through this web site meets the user's requirements and is compatible with the user's hardware and/or software configuration.
20. Any information or expressions of opinion found on this web site should not be regarded as professional advice or opinions and users should, where relevant, consult professional advice before acting on the information and/or opinions set out in this web site.
Security
21. Security with regard to online payment is provided by the Worldpay payment system, which utilises industry standard SSL, Thawte 2048 bit encryption and Worldpay proprietary systems to ensure optimum protection. Further information can be obtained from www.worldpay.com/southafrica/faqs/technical_security.
22. While the web site owner takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
23. The web site owner will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on this web site.
Copyright and Intellectual Property protection
24. Copyright in all information, images, source codes, trademarks, hyperlinks and other original material, of whatever nature, contained in this web site and which is not attributed to a third party, is held by Pat Grove under domestic and international law and treaty. The web site owner expressly asserts and reserves all its rights in this regard.
Confidentiality of communications
25. FURTHER INFORMATION REGARDING THE MANNER IN WHICH WE RESPECT THE PRIVACY OF USERS' PERSONAL INFORMATION IS CONTAINED IN OUR PRIVACY POLICY.
Hyperlinks, deep links, advertising, framing
26. The express permission in writing of the web site owner is required before any hyperlink other than to the Home Page of this web site is created. Permission, if granted, will be subject to the condition that the party linking to this site alerts users to the application of these terms and conditions. Requests for permission can be mailed to support@patgrove.com.
27. Permission to link to this web site is given without assumption of any liability. The web site owner reserves the right to withdraw permission granted to link to this web site at any time and for any reason.
28. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the legality, content, suitability, accuracy or security of the site linked to, and the web site owner shall not be held liable, either directly or indirectly, for the content, use or inability to use or access any hyperlink or advertisement. This web site in no manner controls or edits the content of sites or pages linked to.
Use of the sites or pages linked to is accordingly exclusively at the risk of the user
29. The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed.
Requests for permission can be mailed to support@patgrove.com.
What law governs this Agreement?
30. The user hereby agrees that the law applicable to these terms and conditions of use (including the inability to use this web site and its privacy policy), its interpretation and any matter or litigation arising from it will be the law of South Africa.
31. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.
Dispute resolution
32. The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.
OR
Alternative Dispute Resolution
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be settled by the dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause.
Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Cape Town, so the arbitration will be governed by these rules and by the arbitration law of South Africa and the dispute will be resolved in accordance with the law of South Africa.
In the case of an international arbitration the dispute will be resolved in accordance with the United Nations Convention on Contracts for the International Sale of Goods (1980)(if concerned with the sale of goods) and the UNIDROIT Principles of International general Contracts (1994), supplemented where necessary by the CENTRAL List of lex mercatoria principles, rules and standards.
The language used during the dispute resolution process will be English.
For further information on Trustenforce.org please visit www.trustenforce.org.
Amendment of the terms and conditions of this Agreement
33. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the top of this page.
34. The web site owner will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.
Enforceability of this Agreement
35. In the event of any part of these Terms and Conditions being found to be partially or fully invalid or unenforceable, for whatever reason, such term(s) and/or condition(s) shall be severable from the balance of this Agreement and shall not affect the application or enforceability of the remainder of this Agreement.
36. These Terms of Use contain the record of the entire agreement between the user and the web site owner.
37. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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Privacy Policy
Date of Last Review: 15 April 2003
THIS WEB SITE SUBSCRIBES TO AND COMPLIES WITH THE VOLUNTARY PRIVACY PRINCIPLES CONTAINED IN THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002. Click here to view these principles.
Definitions
"this web site" means www.patgrove.com
"user" means any person accessing any part of the web site
1. This Privacy Policy forms part of the Terms and Conditions of Use of this web site.
Collection of personal data
2. Where personal information (such as your name, address, telephone number and e-mail address) is submitted to the site by the user (e.g. through sending an e-mail) the following principles are observed in the handling of that information:
a. This web site collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested.
b. This web site will not use the personal information submitted for any other purpose other than the efficient provision of services, including this web site, without obtaining the prior written approval of the user or unless required to do so by law.
c. This web site will keep records of all personal information collected and the specific purpose for which it was collected for a period of one year from the date on which it was last used.
d. This web site will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained or the web site is required or permitted to do so by law.
e. If information is released with the user's consent this web site will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of one year.
f. This web site will destroy or delete any personal information which has become obsolete.
3. Note that, as permitted by the ECT Act, this web site may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
Collection of anonymous data
4. In order to provide the best possible service, this web site uses standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
5. This web site utilises temporary or session cookies that collect the first level domain name of the user. This means that if your e-mail address is user@email.com, the cookie will collect the "email.com" part of the address.
Cookies are small pieces of information sent to the user's browser and stored on the user's hard drive. Temporary or session cookies expire and are deleted when your browser is closed.
Cookies by themselves cannot be used to personally identify users.
If necessary users can alter the manner in which their browser handles cookies.
Links to other web sites
6. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.
Security
7. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, this web site can not under any circumstances be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of Pat Grove or any third party.
Queries
8. If you have any queries about this Privacy Policy please contact us by mailing support@patgrove.com
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