AGULHAS GEAR BROWSER TERMS
(Version 1.0 – Effective as of [INSERT DATE])
Please read these Browser Terms (“Browser Terms”) carefully before using or browsing the www.agulhasocean.com website (the “Website”).
1. BROWSER TERMS
What are these Browser Terms?
1.1. These are the Browser Terms that regulate your use of our Website, and our relationship with you (“you”). They create a legally binding contract between you and Agulhas Gear IP Limited Registration Number: 13778403 a company incorporated in terms of the laws of the United Kingdom if you reside outside of the Republic of South Africa or Agulhas Gear (Pty) Ltd Registration Number: 2021/804608/07 a company incorporated in terms of the laws of the Republic of South Africa if you reside within the Republic of South Africa (“us”/ “we”/ “Agulhas Gear”), as soon as they apply.
1.2. If there is anything in these Browser Terms that you do not understand then please contact us as soon as possible – see clause 13 below for contact details.
2. OUR WEBSITE
Our Website is found at www.agulhasocean.com
3. WHEN DO THESE TERMS APPLY?
3.1. These Browser Terms will apply if, amongst other things, you access, browse, use, “surf”, share, post and comment on (“use”) our Website. Don’t use our Website if you don't absolutely agree to these Browser
Terms, as you can only use our Website on these Browser Terms.
3.2. We will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website. You should not act in a way that relies on any information on our Website. You use our Website at your own risk. We cannot warrant that the Website or information or downloads shall be error-free or that the website shall meet any particular criteria of performance or quality.
3.3. We have taken reasonable measures to ensure the integrity of the Website and its contents, but we do not warrant that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of your system.
4. PRIVACY POLICY AND COMMERCIAL TERMS
4.1. There are other terms that are applicable to your use of our Website. Our Privacy Policy can be found at https://www.agulhasocean.com/privacy-policy/ on our Website. Additional terms become applicable when you
purchase products through our Website (“Commercial Terms”; found at
www.agulhasocean.com/commercial-terms).
4.2. If there is a conflict between these Browser Terms and the Commercial Terms, the Commercial Terms will apply.
5. CHANGES TO OUR WEBSITE AND/OR THESE TERMS
We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Website, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made. It is your
responsibility to familiarise yourself with these Browser Terms whenever using the Website.
6. USE OF OUR WEBSITE
6.1. You may not:
6.1.1. distribute any content from our Website without our prior consent;
6.1.2. use any technology, including but not limited to crawlers and spiders, to search our Website or obtain information from our Website;
6.1.3. copy our Website or any pages;
6.1.4. link to our Website in a manner other than through the homepage; or
6.1.5. deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.
7. SECURITY
7.1. In order to ensure the security and reliable operation of the Website for all users, we reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our network and back-office applications.
7.2. You may not utilise the Website in any manner which may compromise the security of our networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss we reserve the right to claim the same from you.
7.3. If you commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive) or any similar legislation applicable in the country you reside in) you shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
8. INTELLECTUAL PROPERTY
8.1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Website or any products sold by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)' property and will remain our or the owner's property at all times.
8.2. You agree that you will not acquire any rights of any nature in respect of
that intellectual property by using our Website.
9. LIMITED LIABILITY
For purposes of clarity:
9.1. we will not be liable to you for any loss caused using our Website or your liability to any third party arising from those subjects. This includes:
9.1.1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;
9.1.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and
9.1.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website and/or third-party systems or programming defects.
10. INDEMNITY
You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these
Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.
11. BREACH AND TERMINATION
11.1. We are entitled without notice, in addition to any other remedy available to it at law or under these Browser Terms, including obtaining an interdict, to cancel these Browser Terms, limit or deny you use of the Website, or to
claim specific performance in either event without prejudice to our right to claim damages, should you:
11.1.1. breach any of these Browser Terms;
11.1.2. use the Website in an unauthorised manner; or
11.1.3. infringe any statute, regulation, ordinance or law.
11.2. Breach of these Browser Terms entitles us to take legal action and you agree to reimburse our costs associated with such legal action on an attorney and own client scale.
12. GOVERNING LAW AND DISPUTE RESOLUTION
If we end up in a legal dispute you and Agulhas Gear agree to resolve it:
12.1. in an English court of law using the laws of the United Kingdom if you reside outside the Republic of South Africa; or
12.2. in a court in the Republic of South Africa using the laws of the Republic of South Africa if you reside in South Africa.
13. AGULHAS GEAR CONTACT AND OTHER INFORMATION
13.1. Please email us or chat with us on the chatbot available on the Website for any enquiries about our Website.
13.2. (if you reside outside the Republic of South Africa)
13.2.1. Agulhas Gear: Agulhas Gear IP Limited Registration Number: 13778403 a company registered in terms of the laws of the United Kingdom
13.2.2. Description of the main business of Agulhas Gear: Supplies of ocean exploration and apparel.
13.2.3. Email address: [email protected].
13.2.4. Website address: www.agulhasocean.com
13.2.5. Physical, registered address and postal: 1 Chapel Street Warwick CV34 4HL United Kingdom
13.3. (if you reside within the Republic of South Africa)
13.3.1. Agulhas Gear: Agulhas Gear (Pty) Ltd Registration Number: 2021/804608/07 a company duly registered in terms of the laws of the Republic of South Africa.
13.3.2. Description of the main business of Agulhas Gear: Supplies of ocean exploration and apparel.
13.3.3. Email address: [email protected]
13.3.4. Website address: www.agulhasocean.com
13.3.5. Physical address, postal and registered address: 15 Duignam Road Kalk Bay 7975 South Africa