Terms of Use
Copyright © 2008
Agreement
Should you not agree to the terms and conditions stipulated you may not use iDefinity Online Business Solutions (www.idefinity.com) website.
Your access to iDefinity Online Business Solutions (www.idefinity.com) website and use of any services provided by iDefinity Online Business Solutions (www.idefinity.com) including any purchases made by you from iDefinity Online Business Solutions (www.idefinity.com) are subject to terms and conditions established under the following headings.
- Conditions of Use of iDefinity Online Business Solutions (www.idefinity.com) Website
- Terms of Trade with iDefinity Online Business Solutions (www.idefinity.com)
- Privacy and Security Statement
- Intellectual Property Statement
- Dispute Resolution
- Compliance with statutory consumer protection provisions
- Contact Information
Conditions of Use
iDefinity Online Business Solutions (www.idefinity.com) grants you a limited license to access and make personal use of iDefinity Online Business Solutions (www.idefinity.com) website. You are not allowed to modify (other than page catching) the website or any portion thereof without the prior written consent of iDefinity Online Business Solutions (www.idefinity.com).
This license does not permit any resale or commercial use of iDefinity Online Business Solutions (www.idefinity.com) website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of iDefinity Online Business Solutions (www.idefinity.com) website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
iDefinity Online Business Solutions (www.idefinity.com) website or any portion of iDefinity Online Business Solutions (www.idefinity.com) website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of iDefinity Online Business Solutions (www.idefinity.com).
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iDefinity Online Business Solutions (www.idefinity.com) and our affiliates without prior written consent.
You may not use any meta tags or any other "hidden text" utilizing iDefinity Online Business Solutions (www.idefinity.com) name or trademarks without the prior written consent of iDefinity Online Business Solutions (www.idefinity.com). Any unauthorized use terminates the permission or license granted by iDefinity Online Business Solutions (www.idefinity.com).
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of iDefinity Online Business Solutions (www.idefinity.com) website so long as the link does not portray iDefinity Online Business Solutions (www.idefinity.com), its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any iDefinity Online Business Solutions (www.idefinity.com) logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
iDefinity Online Business Solutions (www.idefinity.com) may provide links from iDefinity Online Business Solutions (www.idefinity.com) website to other websites which may offer services to you. iDefinity Online Business Solutions (www.idefinity.com) is not responsible for evaluating the content or offerings made on these websites. iDefinity Online Business Solutions (www.idefinity.com) does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to iDefinity Online Business Solutions (www.idefinity.com) for any dealings with any other websites accessed through links provided by iDefinity Online Business Solutions (www.idefinity.com) and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WEBSITE IS PROVIDED BY IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM), NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) DOES NOT WARRANT THAT IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM), ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM) WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF IDEFINITYONLINE BUSINESS SOLUTIONS (WWW.IDEFINITY.COM), ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 000.00.
Applicable law
iDefinity Online Business Solutions (www.idefinity.com) website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with iDefinity Online Business Solutions (www.idefinity.com).
Conditions of Use of Online Services
iDefinity Online Business Solutions (www.theweddingcardcompany.co.za) offers all online customers a variety of online services. These services need to be managed by the customers themselves and the customer:
- Must use at your own discretion and risk
- May not hold IDEFINITYliable for any damage or loss in the use of these services
- May not use the service or information collected and provided, for any other purpose than what that service is provided for. Example: you may not make use of the RSVP service to collect a mailing list of persons, and then use that list for any other purpose than in relation to the event they RSVP'd to.
Terms of Trade
Invitation to do business
The products or services which appear on iDefinity Online Business Solutions (www.idefinity.com) website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to iDefinity Online Business Solutions (www.idefinity.com). Only when iDefinity Online Business Solutions (www.idefinity.com) has accepted your offer and delivered the goods, will an enforceable agreement of sale be transacted. iDefinity Online Business Solutions can cancel the sale at any time at iDefinity Online Business Solutions`s absolute discretion.
The price of any products or services sold through iDefinity Online Business Solutions (www.idefinity.com) shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:
- If the correct price is lower than our stated price, we will charge the lower amount.
- If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
Electronic communications
When you visit iDefinity Online Business Solutions (www.idefinity.com) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. iDefinity Online Business Solutions (www.idefinity.com) will communicate with you by e-mail or by posting notices on iDefinity Online Business Solutions (www.idefinity.com) website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to iDefinity Online Business Solutions (www.idefinity.com) website and transactions concluded using iDefinity Online Business Solutions (www.idefinity.com) website, as well as your intent to enter into any transaction with iDefinity Online Business Solutions (www.idefinity.com), may be evidenced by any action by you from which this may reasonably be inferred.
Place and time of agreement
Agreement as to the terms of use of iDefinity Online Business Solutions (www.idefinity.com) website shall be deemed to have be accepted by you at the time that you first accessed iDefinity Online Business Solutions (www.idefinity.com) website and thereafter confirmed each time that you access iDefinity Online Business Solutions (www.idefinity.com) website.
Agreement to use iDefinity Online Business Solutions (www.idefinity.com) website and those governing all transactions that may be effected using iDefinity Online Business Solutions (www.idefinity.com) website shall be deemed to have taken place in Johannesburg.
All communications with iDefinity Online Business Solutions (www.idefinity.com) facilitated by iDefinity Online Business Solutions (www.idefinity.com) website, iDefinity Online Business Solutions (www.idefinity.com) call center, or email communicated between you and iDefinity Online Business Solutions (www.idefinity.com) shall be deemed to have been received, in the case of communications initiated by iDefinity Online Business Solutions (www.idefinity.com), when the communication leaves iDefinity Online Business Solutions (www.idefinity.com) website or email server, and in the case of communications initiated by you, when it is received on iDefinity Online Business Solutions (www.idefinity.com) website or email server. Acceptance by iDefinity Online Business Solutions (www.idefinity.com) of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves iDefinity Online Business Solutions (www.idefinity.com) premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted.
iDefinity Online Business Solutions can cancel any order at any time.
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 arbitration council of South Africa.
For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.
For the purposes of any arbitration:
- you choose the email address chosen by you in registering as a purchaser; and
- iDefinity Online Business Solutions (www.idefinity.com) chooses enquiry@idefinity.com
By using iDefinity Online Business Solutions (www.idefinity.com) website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
Privacy and Security
iDefinity Online Business Solutions (www.idefinity.com) knows that you care how your personal information may be collected, processed and used; we appreciate your trust that iDefinity Online Business Solutions will do so carefully and sensibly. This notice describes iDefinity Online Business Solutions (www.idefinity.com) privacy policy. By visiting iDefinity Online Business Solutions (www.idefinity.com), you are accepting the practices described in this Privacy and Security statement.
The information provided by you helps us personalize and continually improve your shopping experience at iDefinity Online Business Solutions (www.idefinity.com). Here are the types of information we gather.
- Information You Give Us: We receive and store information you enter on iDefinity Online Business Solutions (www.idefinity.com) website or that you may provide to iDefinity Online Business Solutions (www.idefinity.com) in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
- Automatic Information: iDefinity Online Business Solutions (www.idefinity.com) receives and stores certain types of information whenever you interact on iDefinity Online Business Solutions (www.idefinity.com) website or communicate with iDefinity Online Business Solutions (www.idefinity.com) by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses iDefinity Online Business Solutions (www.idefinity.com).
- E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from (Name of website), if your computer supports such capabilities.
By providing the information to iDefinity Online Business Solutions (www.idefinity.com) you consent to iDefinity Online Business Solutions (www.idefinity.com) collecting maintaining, storing and processing the information, provided that iDefinity Online Business Solutions (www.idefinity.com) shall:
- not disclose your personal information to a third party other than to effect the transactions agreed to in using iDefinity Online Business Solutions (www.idefinity.com) website without obtaining your express consent to do so;
- only disclose your personal information, without your consent, if legally required to do so;
- be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
- iDefinity Online Business Solutions (www.idefinity.com) shall own and retain all rights to non-personal statistical information compiled by it.
While iDefinity Online Business Solutions (www.idefinity.com) and its affiliates shall take commercially reasonable care to safeguard the information provided by you to iDefinity Online Business Solutions (www.idefinity.com) from unauthorized access or disclosure, iDefinity Online Business Solutions (www.idefinity.com) does not represent or guarantee that the safeguards will provide absolute protection.
iDefinity Online Business Solutions (www.idefinity.com) shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.
Minimum duration of Agreement
There shall be no minimum duration of agreements entered into between users and registered purchasers to use iDefinity Online Business Solutions (www.idefinity.com) website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.