COPYRIGHT and INTELLECTUAL PROPERTY INFORMATION:
All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to use and distribute by Evergrowth Online (Pty) Ltd. and is protected by copyright and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Evergrowth Online or the owner of the intellectual property in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT:
The following rules, policies, and disclaimers shall govern and/or apply to your use of the content on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).
You agree, by using this website that:
(1) you will not use this website to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, time bomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Evergrowth Online websites (including bulletin boards and chat rooms).
Evergrowth Online has provided links and pointers to internet sites maintained by third parties (“third party sites”) and may, from time to time, provide third party materials on this website. Neither Evergrowth Online, or its parent or subsidiary companies, nor their affiliates, operate or control in any respect any information, products, or services on these third party sites.
The materials in this website and the third party sites are provided “as is”
And “as available” with no representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this website and the content.
Evergrowth Online, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this website, or any third party sites.
Your sole remedy for dissatisfaction with this website and/or any third party sites is to stop using the website(s) concerned and/or those services. Evergrowth Online does not warrant that the functions contained in this website and/or any third party sites will be uninterrupted or error-free, that defects will be corrected, or that this website or any third party sites, or the servers that make them available, are or will be free of viruses or other harmful components. Evergrowth Online does not warrant or make any representations regarding the use or the results of the use of the materials on this website or any third party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Evergrowth Online) assume the entire cost of all necessary maintenance, repair, or correction of any such materials.
For the avoidance of doubt, Evergrowth Online makes no representations or warranties regarding how often the materials or information posted on this website will be updated (if at all) or the number or identification of the other individuals (if any) that will be featured on this website.
If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Evergrowth Online agrees to hold any information you may supply via this means as strictly private and will not share this information with any third party without your consent.
Evergrowth Online must be informed of any defect in products bought, in writing. A note should be attached to defective products stating the nature of the defect and the product should be returned to Evergrowth Online at 297 Charles Barry str, Bronberrick, 0157.
In the event of returns that aren’t properly marked, the returns will not be accepted and sent back to the customer and postage charged to their account.
Only defective and incorrectly supplied products will be replaced within 30 days after date of invoice. PLEASE NOTE that mishandled products will NOT be replaced.
Returned stock will be replaced. No credit will be given unless a formal agreement has been reached.
Formal agreements include that the cardholder can prove that the product wasn’t ordered and paid for by the cardholder, but by an unauthorized person.
You agree to indemnify, defend, and hold harmless Evergrowth Online and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions. Evergrowth Online reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement is entered into in Pretoria, South Africa and each party to this agreement agrees to the exclusive jurisdiction of the Magistrates Court of Pretoria, South Africa and any conflict shall be resolved in accordance with the laws of South Africa. Any conflict between the parties which cannot be resolved by means of arbitration shall be resolved in the Magistrates Court of South Africa on a cost scale of Attorney/Client.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Evergrowth Online may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.