AMONE BESTER (PTY) LTD (“THE COMPANY”) GENERAL TERMS AND CONDITIONS AS BETWEEN AMONE BESTER AND THE CUSTOMER (“GENERAL TERMS AND CONDITIONS”)

THE GENERAL TERMS AND CONDITIONS ARE EFFECTIVE AS OF THE 30^th of NOVEMBER 2021 (“THE EFFECTIVE DATE”) 

1        INTRODUCTION 

1.1      The Company’s website available at https://amonebesterscrubs.com/ is made available by and owned by Amone Bester (Pty) Ltd (bearing registration number 2020/005707/07) (hereinafter referred to as “the Company”, “Website”, “we”, “our” or “us”). Any reference to “the Company”, “we”, “our” or “us” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.

1.2      These General Terms and Conditions apply to the ordering, sale, and delivery of goods and services, access to the information, and use of this Website by Customers (“you”/”your”).

1.3      By using this Website you agree to be bound by and agree to the General Terms and Conditions, which we may change without notice to you from time to time. Any such amendments shall come into effect immediately and automatically. You undertake to review these terms prior to using the services for any such changes and acknowledge that you are bound by the latest version of these terms as published on our website. This Privacy statement and terms and conditions will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. If you do not agree to any of the provisions contained in these General Terms and Conditions you must immediately desist from using this Website. Your continued use of the Website will be construed as your consent to the amended General Terms and Conditions. As such your only remedy, should you not agree to such modifications, is to stop the use of the Website. 

1.4      When placing an online order, you will be asked to provide us with your email address and to confirm that you accept these General Terms and Conditions. 

1.5      These General Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit our risk or liability, create risk or liability for you as a consumer, may compel you to indemnify us and serves as an acknowledgement by you of any fact.

2        DEFINITIONS 

2.1      “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us.

2.2      “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours.

2.3      “Chart” shall mean the sizing chart located under each product description on the Website, utilised by the you to select the size of the products you wish to purchase. 

2.4      “Customer” shall mean any person who purchases the Products on the Website.

2.5      “Force Majeure” shall mean unforeseen events beyond the reasonable control of either party which shall include but not be limited to an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labour strike or lock-out, civil commotion, pandemic, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe.

2.6      “Order” means the collection of Items purchased by you from the Website.

2.7      “Party” or “Parties” shall mean the Company and/or the Customer as the context implies.

2.8      “Personal Information” shall mean the Personal Information as required from the Customer in order to purchase the Products.

2.9      “Products” shall mean the products and/or services as made available for purchase on the Website from time to time.

2.10   “Services” shall refer to the Services provided by us to the Customer as set out in Clause 4 below.

2.11   “Shopping Bag” shall mean the Customer’s Shopping Bag on the Website in which it stores intended purchases prior to payment being made.

2.12   “Terms” shall mean these General Terms and Conditions.

2.13   “Website Content” shall mean any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website and are protected by law, including but not limited to copyright and trade mark law.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3        YOUR AGREEMENT TO THESE TERMS

3.1      Subject to, and on the basis of your acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

4        DESCRIPTION OF OUR SERVICES

4.1      The Website enables you to shop for and purchase the Products.

5        USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS

5.1      The Company is active on Facebook, Instagram, YouTube and other social media platforms from time to time (“Social Media Platforms”).

5.2      You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.

5.3      You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:

5.3.1     any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or

5.3.2     any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or

5.3.3     any content that constitutes an invasion of privacy; or

5.3.4     any content that is an infringement of any intellectual property right; or

5.3.5     any content that contains software viruses; or

5.3.6     any content that constitutes a political statement, commercial solicitation, or “Spam”.

5.4      Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of Clause 5 or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content, or should you breach any clause of these Terms, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.

5.5      The following activities on or through the Website and Social Media Platforms are expressly prohibited:

5.5.1     any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of the Company; and

5.5.2     the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and

5.5.3     any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;

5.5.4     any attempt to gain unauthorised access to the Website or its related systems or networks;

5.5.5     accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose.

5.6      Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.

5.7      Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.

6        PURCHASE OF GOODS

6.1      The Goods as selected by the Customer for purchase together with the individual price thereof shall be reflected in the Customer’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT. 

6.2      The cost of delivery of the Products shall also be included in the total comprising the Customer’s Cart.

6.3      Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific country legislation. 

6.4      Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by the Company. 

6.5      We will notify you as soon as we can if any Items Ordered are not available (this may take a few days, depending on the delivery and payment method selected).

6.6      Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.

6.7      The onus of ensuring that the Products ordered are the correct size rests with the Customer. The Customer agrees that it shall utilise the Chart at all times to ensure that it orders the correct size Products and indemnifies the Company from any liability in the event of its failure to do so.

6.8      Goods available on pre-order are subject to sperate production and delivery schedules whcih will be communicated to you on receipt of your order.

7        PAYMENT

7.1      Payment may be made in one of the following manners:

7.1.1     Credit Card / Debit Card via our utilised payment gateway – where payment is made by credit card / debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card / debit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website; and

7.1.2     Electronic Funds Transfer (“EFT”) or Bank Transfer via our utilised payment gateway. 

7.2      Goods will only be released for delivery once payment has been received into our banking account.

8        GIFT VOUCHERS & COUPONS

8.1      We may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Products. 

8.2      Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. Gift Vouchers and Coupons can only be redeemed once. 

9        DELIVERY OF GOODS 

9.1      The Goods shall be delivered to the Customer through the services of a courier of our selection:

9.1.1     The Products shall be delivered to the Customer at the address selected during the payment process.

9.1.2     The Products shall be delivered, where possible on a Business Day, but this shall depend on the courier company. 

9.1.3     Any additional charges that may be levied in respect of the delivery of the Products or forced return of the Products shall be for Customer’s account.

9.1.4     The shipping of the Products is done at your own risk. We do not accept liability for any damage which may be caused by the courier company. The onus of securing additional insurance on the delivery of the Products rests with the Customer.  

9.1.5     You should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged, and you accept the Order without fully inspecting the Items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify us without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and refunded.

9.1.6     Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your Order, as we do not verify the identity of the person at the delivery address who signs the delivery note.

9.1.7     After 2 (two) failed attempts to deliver your Order to you at your chosen delivery address via our couriers services, your Order shall be returned to us and the purchase shall be reversed after the cost of the second delivery has been deducted.

9.1.8     For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us which shall also include the South African Postal Office or a courier service. 

9.1.9     Our obligation to provide the Products to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Products after provision thereof to you.

9.1.10 Deliveries will be dispatched 5-7 business days after payment has been received (on all in-stock items) A tracking code will be provided to you through which you will be able to track your parcel.

9.1.11 Note that all pre-order items are subject to separate production and delivery schedules which will be confirmed and communicated to you upon receipt of your order.

10     RETURNS.

10.1   Should you not be satisfied with any Item/s purchased on our website, you may return for refund, credit or exchange unused Products in a saleable condition within 14 (fourteen) calendar days, subject to producing proof of purchase (invoice or delivery note), via our courier services and at your own cost. Returns are conditional upon you submitting photographic proof of the quality issue or defectiveness of the Product before we will approve the refund. 

10.2   Should any Items purchased on our website be defective, these Items, if unaltered, may be returned for refund, replacement (where stock is available), or repair (where repair is possible) within 6 (six) months of the purchase date, subject to producing proof of your purchase (invoice or delivery note).

10.3   Due to health reasons, we do not accept returns on items such as face masks.

11     ERRORS

11.1   We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in clause 10. Note that all photographs displayed on the website are for advertising purposes only and do not necessarily reflect an accurate depiction of the colour of the Product purchased. 

11.2   The Company shall not be bound by any incorrect information regarding our Products displayed on any third party websites.

12     WARRANTY

12.1   The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.

12.2   We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these General Terms and Conditions. 

13     LIMITATION OF LIABILITY

13.1   Whilst every attempt is taken by us to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.

13.2   We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.

13.3   While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.

13.4   While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.

13.5   You hereby agree, to as far as the law allows, to indemnify us against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.

13.6   We shall not be liable to you in contract, delict (including for negligence) or otherwise:

13.6.1 for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or

13.6.2 for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or

13.6.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).

13.7   Each provision of this clause 13 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.

14     WARRANTIES BY THE CUSTOMER 

14.1   The Customer warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the Customer will update the Personal Information held by us to reflect any changes as soon as possible.  

14.2   The Customer further warrants that when making a purchase through the  Website it:

14.2.1 is not impersonating any person; and

14.2.2 is not violating any applicable law regarding use of personal or identification information; 

14.3   The Customer agrees that, once an Order has been made the Customer will be liable for payment of any such Products purchased.  

15     PRIVACY POLICY

15.1   Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you.

15.2   Your use of our Website signifies your consent to us collecting and using your personal information as specified below.

15.3   How we collect information about you:

15.3.1 You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.

15.3.2 If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.

15.3.3 We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic (as described below).

15.3.4 It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information (“confidential financial information”) will be used by us only for the specific purpose for which it was provided to us.

15.4   How we use your information

15.4.1 we may use your information to confirm that your orders have been received.

15.4.2 We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring, affordability assessment, and improving business efficiencies.

15.4.3 We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.

15.4.4 We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.

15.4.5 Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.

15.5   How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.

15.6   Disclosing your information to third parties:

15.6.1 We reserve the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.

15.6.2 We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.

15.7   How can you manage your privacy preferences? If you’d like us to stop processing your information for marketing purposes, please contact us at info@amonebesterscrubs.com.

16     INTELLECTUAL PROPERTY RIGHTS 

16.1   None of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, and further, should such consent be provided, we reserve the right to withdraw such consent at any stage at our sole and absolute discretion.

16.2   A Customer is granted a limited license only for purposes of utilising this Website.

16.3   A Customer undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website, including any algorithm used by us. 

16.4   We own or are licensed to use all intellectual property on the Website, with the exception of the User’s Content, which User’s Content shall remain the intellectual property of that User, and which a User hereby licenses to us. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

16.5   We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.

17     FRAUDULENT ACTIVITIES

17.1   We are committed to ensuring the security of your use of the services and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website.

17.2   Where you have been a victim of any fraudulent conduct through any use or misuse of the services, you must inform us as soon as you become aware that suspicious conduct has occurred on your accounts and open a case at your nearest South African Police Service office. You will be required to co-operate with us and the South African Police Service in any investigation conducted into losses that you suffered as a result of such fraud.

18     USE OF SOFTWARE AND HARDWARE

18.1   You should only use the most up-to-date internet browser to access the website provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. Your failure to adhere to the aforementioned may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate correctly or at all.

18.2   Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarizing yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.

19     ENDING YOUR USE OF SERVICES

19.1   We may end your use of and access to services at any time, for any reason whatsoever, on notice to you. Instructions given to us prior to such termination will not be affected by such termination.

19.2   We will, however, terminate your use of and access to and/or prohibit your future access to use of the services immediately and without any notice to you if:

19.2.1 we determine that your behaviour was inappropriate, illegal or constitutes misconduct.

19.2.2 you breached these terms.

19.2.3 you have committed (or attempted) fraudulent conduct directly or indirectly.

19.3   In the event of us terminating your access to the services, we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.

20     CAPACITY

20.1   In using the services, you represent and warrant that you are of full legal age, are emancipated or have your guardian’s consent and assistance and have the required legal capacity to enter into and be bound by these terms or any other product agreement regarding your use of the services.

21     GENERAL

21.1   The headings appearing in these terms are inserted for convenience only and will not be taken into account when interpreting these terms.

21.2   Where dates and times need to be calculated in terms of these terms, the international standard time (GMT) plus 2 (two) hours will be used.

21.3   The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against us nor shall it constitute a waiver by us of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.

22     BREACH

22.1   Should you breach any of these General Terms and Conditions we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.

23     APPLICABLE LAW

23.1   These Terms are governed by the laws of the Republic of South Africa.

23.2   For purposes of Section 22 of the Electronic Communications and Transactions Act, 25 of 2002 you accept that these Terms are entered into, and that any purchase of the Products is deemed to have been executed, at Pretoria, Gauteng Province. 

23.3   All matters arising from these Terms, and any purchase of the Products, its validity, existence or termination shall be determined in accordance with the laws of the time of the Republic of South Africa, and you hereby submit to the jurisdiction of the Magistrates’ Court of Pretoria.

24     DISCLAIMER

24.1   We have made every effort to make sure that the information and content on this website is up to date and accurate however, we are unable to guarantee the accuracy or validity of the information and content and any reliance on the information on this website is entirely at your own risk.

24.2   These terms and conditions of relating to the use of this website come into effect the first time the user enter the website and constitutes a valid agreement between Amone Bester (Pty) Ltd and the User.

24.3   Any services (online requests) that the User makes use of on the Website will be subject to separate terms and conditions of service and those specific terms and conditions will apply.

24.4   We do not represent or warrant that the website, any tools (such as calculators), software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.

24.5   While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.

24.6   Without derogating from the generality of the above, we will not be liable for:

24.6.1 Any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for reasons beyond our control;

24.6.2 Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;

24.6.3 Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; any event over which we have no direct control.