Terms and Conditions
The Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and relate to your use of this Website. By using this Website, you have agreed to accept all terms and conditions written here. This website should not be used if you disagree with any of these Standard Terms and Conditions.
1. USE OF SITE
The information, images, and writings that you see, hear or experience on this site may be used solely for your non–commercial, personal purposes and/or to learn about EXOCycles products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. LIMITATION OF LIABILITY
In no event shall, EXOCycles nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. EXOcycles including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
The Website and all its Contents, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
3. GATHERING OF PERSONAL INFORMATION
When you place your order, we need to know your personal details such as first and last name, e-mail address, mailing address, telephone number. This allows us to process and fulfill your order and to notify you of your order status. We monitor customer traffic patterns and site usage to help us develop the design and layout of the website. We may also use the information that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider will take all necessary precaution to protect this information, and will not copy, distribute or otherwise use such information without limitation.
3.1 LAWFUL PROCESSING OF PERSONAL INFORMATION
3.1.1 By using any EXOCycles Website, the User consents to the collection of Personal Information when the User completes any online form.
3.1.2 The User further warrants that the email address provided to EXOCyclesindeed belongs to the User or that the User has permission to use such email address (belonging to a third party) on the Website.
3.1.3 EXOCycles may collect, maintain, save, compile, modify, destroy, de-identify, share, disclose and sell any Personal Information collected from Users, subject to the following provisions:
3.1.4 EXOCycles shall not disclose Personal Information from Users unless the User consents thereto;
3.1.5 EXOCycles shall disclose Personal Information without the User’s consent only through due legal process; and
3.1.6 EXOCycles may compile, use and share any Personal Information for statistical and research purposes and will not publish it in identified form.
3.1.7 EXOCycles will retain records with Personal Information for as long as a law requires it to do so and for EXOCycles's lawful purposes. Personal Information that has been collected will form part of a data bank that EXOCycles will maintain according to law.
3.2 PURPOSE FOR PROCESSING OF PERSONAL INFORMATION
3.2.1 EXOCycles collects, stores and uses the abovementioned Personal Information for the following purposes:
3.2.1.1 To communicate User requested information to the User;
3.2.1.2 To provide Services to the User as requested by the User;
3.2.1.3 To authenticate the User;
3.2.1.4 To market products or Services to the User;
3.2.1.5 To compile non-personal statistical information about browsing habits, click patterns, and access to the Website, and
4. CHOICE OF LAW
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
5. UPDATING OF THESE TERMS & CONDITIONS
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
EXOCycles reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
5.1 change these terms and conditions;
5.2 change the content and/or Service available from the Website;
5.3 discontinue any aspect of the Website or Service(s) available from the Website; and/or
5.4 change the software and hardware required to access and use the Website;
5.5 To delete the Website.
6. SECURITY
6.1 EXCycles shall take all reasonable technical and organizational steps to secure the content of the Website and the Personal Information provided by and collected from Users, from unauthorised access and/or disclosure. However, EXOCycles does not make any warranties or representations that content shall be entirely safe or secure.
6.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
6.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold EXOCycles harmless against any and all liabilities, damages, risks and losses that EXOCycles and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
6.4 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and Services on the Website and EXOCycles reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
6.5 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by EXOCycles and its partners / affiliates due to or related to these illegal actions.
E&OE