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Terms of Use

This agreement applies as between you, the User of our website and services www.violabaxterkids.com (our “website”) and Viola Baxter Kids, , Mpumalanga, South Africa, the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

 

  1. General Use

    1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.

    2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our website on these Terms.

    3. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our website or any other products, services, affiliated websites and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

    4. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

 

  1. Acceptable Use Policy

    1. You may use our website only for lawful purposes. You may not use our website:

      1. in any way that breaches any applicable local or international laws or regulations;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    2. When sharing and submitting content to us or the website, please do not share and submit content that:

      1. contains violence, ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.

      2. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.

      3. violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.

      4. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.

      5. sends repeated messages and/or makes derogatory or offensive comments about another individual or repeats the same message under multiple emails or subjects.

      6. Any submitted content that includes, but is not limited to the above, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

    3. We do not assert any ownership over your content. You retain full ownership of all of your content and any intellectual property rights, or other proprietary rights associated with your content. We are not liable for any statements or representations in your content provided by you in any area on the website.

    4. You are solely responsible for your content, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.

 

  1. Intellectual Property

    1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Viola Baxter Kids, our affiliates or other relevant third parties.By continuing to use the website you acknowledge that such material is protected by applicable South African and International intellectual property and other relevant laws.

    2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Viola Baxter Kids.

 

  1. Links to Other websites

This website may contain links to other sites.Unless expressly stated, these sites are not under the control of Viola Baxter Kids or that of our affiliates.We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

 

    1. For the purposes of applicable data protection legislation, Viola Baxter Kids will process any personal data you have provided to us in accordance with our Privacy Policy available on the Viola Baxter Kids website or on request from Viola Baxter Kids.

    2. You agree that, if you have provided Viola Baxter Kids with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Viola Baxter Kids and (2) that you have brought to the attention of any such third party the Privacy Policy available on the Viola Baxter Kids’ website or otherwise provided a copy of it to the third party.

    3. You agree to indemnify Viola Baxter Kids in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

    1. Viola Baxter Kids makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

    2. No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

 

  1. Availability of the website

    1. The Service is provided “as is” and on an “as available” basis.We give no warranty that the Service will be free of defects and / or faults.To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    2. Viola Baxter Kids accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

    1. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

    2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, Books and Publications, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

 

  1. Limitation of Liability

    1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any Related Content. You expressly agree that your use of the Services and our website is at your sole risk.

    2. You agree not to use the Services, our website and the Related Content for any re-sale purposes unless licensed to do so by us, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:

      1. loss of profits, sales, business, or revenue;

      2. business interruption;

      3. loss of anticipated savings;

      4. loss or corruption of data or information;

      5. loss of business opportunity, goodwill or reputation; or

      6. any other indirect or consequential loss or damage.

    3. Nothing in these Terms shall limit or exclude our liability for:

      1. death or personal injury resulting from our negligence;

      2. fraud; and/or

      3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

    4. Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

    5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

 

  1. ​

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

 

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and Viola Baxter Kids shall be governed by and construed in accordance with the Law of South Africa and Viola Baxter Kids and you agree to submit to the exclusive jurisdiction of the Courts of Mpumalanga.

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