The Curious Eagle
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Thank you for choosing The Curious Eagle. This agreement governs your use of this website, registration, and subscription to The Curious Eagle services (the “service(s)”).
Please read the following terms of use (the “terms”) and disclaimer carefully before using this website (this “site”). By using this site, you agree to the following terms of use. The Curious Eagle reserves the right, at any time, to modify, alter, or update these terms of use without further notice. You should periodically visit this page to review the current terms, so you are aware of any revisions. By accepting our terms of use, you agree to be bound by such modifications, alterations, or updates. If you do not agree to abide by these or any future terms, you may not use this site.
INTRODUCTIONDEFINITIONS
Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
“Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets.
“Website” or “site” shall mean the website located at www.thecuriouseagle.co.za and includes any part or element thereof.
a natural person includes an artificial person and vice versa; and
Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by email to info@thecuriouseagle.co.za) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions. You should print a copy of these terms and conditions for future reference.
Use of the service
Subject to the terms of this agreement, The Curious Eagle hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site for your own non-commercial personal use.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by The Curious Eagle in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by The Curious Eagle in advance and in writing. The Curious Eagle reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if The Curious Eagle believes that client conduct violates applicable law or is harmful to The Curious Eagle’s interests.
The Curious Eagle reserves the right to, temporarily or permanently, modify or discontinue the service (or any part thereof) with or without notice. You agree that The Curious Eagle will not be liable to you or any other third party for any modification or discontinuation of the service.
Service description and box content
We make no guarantees that you will receive a particular product in a box or that certain products will be available in your box. Sample products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the boxes are not manufactured by The Curious Eagle, but rather by The Curious Eagle suppliers. If you have any questions or complaints about a product, please contact us at info@thecuriouseagle.co.za
If you wish to make a purchase using the service (e.g. to purchase a box subscription or full-size products), you will be required to provide The Curious Eagle information regarding your credit card. You warrant to The Curious Eagle that such information is true and that you are authorised to use the payment instrument. You agree to pay The Curious Eagle the amount that is specified in the service in accordance with these terms of service. All transactions will be processed in South African Rands (ZAR). We accept Mastercard and Visa credit cards. If you have subscribed to the service, you hereby authorise The Curious Eagle to bill your credit card or payment instrument in advance on a periodic basis (monthly) in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. When you click to make a purchase with The Curious Eagle legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms and Conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once an order is made for the purchase, it is deemed that you have read and understood the Terms and Conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
4.. User conduct
Content provided on these sites are solely for informational purposes. Submissions or opinions expressed on these sites are that of the individual expressing such submission or opinion and may not reflect the opinions of The Curious Eagle. Product representations expressed on this site are not made by The Curious Eagle.
Copyright and trademarks
All web site design, text, graphics, educational material, prints, booklets and the selection and arrangement thereof are Copyright 2020 by The Curious Eagle. All rights reserved, or in the case of product material, all text and graphics are copyright by the original owner. Permission is granted to copy electronically and to print in hard copy portions of this web site for the sole purpose of using this web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of The Curious Eagle is strictly prohibited.
The Curious Eagle respects the intellectual property of others, and we ask our users to do the same. If you believe that any material contained on this site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim at info@TheCuriousEagle.co.za
No Professional Advice
Any product or other information (for example, product guidelines, age suggestions, or other claims) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Links to other web sites
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the site or other channels. This web site is operated by The Curious Eagle from its offices in Johannesburg. The Curious Eagle makes no representation that the information in the site is appropriate or available for use in other locations, and access to the site from territories where the content of the site may be illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Use of this site constitutes acceptance of our terms of use.
The risk of loss and title for merchandise purchased by you pass to you upon The Curious Eagle’s delivery of the items to the carrier.
The Curious Eagle does not accept returns of the monthly boxes that are not faulty.
Law
The conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
You understand that all the designs and trademarks are registered to The Curious Eagle and hereby accept the terms and conditions. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should you be found to be in violation of this agreement you understand that you will be held liable for all legal costs incurred by for any civil action or any legal action deemed necessary against you.
Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website.
Only persons resident in South Africa may place orders on the Website. The Curious Eagle will not deliver goods to addresses outside South Africa.
the User is at least 18 years of age; and
Before proceeding to finalise any order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided.
Contract will relate only to those Products whose dispatch we have confirmed in e-mail. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate e-mail
The Curious Eagle will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available.
Delivery
Orders will only be shipped once The Curious Eagle has received full payment of the full purchase price for the goods and all charges and costs relating to the products.
Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company specified by The Curious Eagle, to the address provided by the User during the order process. The User must ensure that someone will be available at the delivery address during Business Hours (between 08:00 and 17:00 on Business Days) in order to received delivery of the products. The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User.
The Curious Eagle will try to ensure that delivery takes place within the time specified on the Website in relation to the User’s order. However, the size and quantity of an order as well as the distance between The Curious eagles’ and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the Curious Eagle invoice.
The User acknowledges that The Curious Eagle shall rely on the accuracy of the delivery address as provided by the User. The Curious Eagle does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. The Curious Eagle shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User. Ownership of products ordered will pass to the User upon The Curious Eagle receiving full payment for such products. Risk in respect of ordered products will pass to the User once they have been collected from The Curious Eagle’s premises by the relevant courier. However, orders are covered by the courier’s insurance, subject to the terms and conditions of such insurance. If products are lost or damaged in transit, The Curious Eagle will not be liable for such loss or damage and the User must contact the courier in such an event. Despite this, The Curious Eagle may, in its discretion, choose to refund or replace lost or damaged goods. However, such refund or replacement will not cause The Curious Eagle to be liable for the loss or damage or create any obligations for The Curious Eagle in relation to the damage or loss.
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
The value of the Products includes our delivery charges and will be as quoted on our site from time to time, except in cases of obvious error.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a delivery confirmation e-mail.
The Price & Payment
Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced:
where the incorrect price is lower than the correct price, The Curious Eagle will not be bound to sell the product concerned at such a price and a representative of The Curious Eagle will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund; and
if the incorrect price is higher than the correct price, a representative from The Curious Eagle will advise the User of the lower price in the confirmatory e-mail but will proceed to process and confirm such order.
Visa and Mastercard (Cheque or Credit cards with CVV code) are the accepted payment methods by The Curious Eagle. Credit Card Transactions are processed by Peach Payments a registered systems operator and payment gateway in South Africa. Card Holders may go to www.peachpayments.com to view Peach Payment’s security policy. To the extent permitted by law, The Curious Eagle shall not be liable to the User for damage or loss suffered or incurred by the User relating to the actions or omissions of Peach Payments.
Your credit card will be debited within 2-3 business days when you sign up for The Curious Eagle and subsequently – unless you cancel the contract – on the same day of the month (+2 days difference) when your next payment cycle is due. For non-subscription-based orders you can pay via EFT or Credit/Cheque card.
The Subscription plan to our service consists of an initial charge and then followed by recurring period charges as agreed to by you. Your subscription makes use of a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will automatically renew for the same duration as the initial subscription term, at the t current subscription non-promotional rate at the date of the auto renewal. The Curious Eagle may submit periodic charges without further authorization from you, until you provide prior written notice that you have terminated this authorization as per the cancellation paragraph.
Notwithstanding any other clause contained in these Terms, The Curious Eagle shall have no duty to deliver any product until the User’s payment has been cleared by the relevant bank and has been credited and becomes available in The Curious Eagle’s bank account.
The User’s Order will be cancelled immediately where payment by credit card is not processed by the relevant bank and credited to The Curious Eagle’s bank account within 48 (forty eight) hours from the time of placement of such order.
Product Warranty and Liability
Except to the extent provided for by the CPA, The Curious Eagle makes no warranties or representations in respect of products sold to Users.
Except to the extent that section 61 of the CPA applies, The Curious Eagle shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by The Curious Eagle.
To the extent permitted by law, the User indemnifies and holds The Curious Eagle, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by The Curious Eagle or the use of such products.
No Warranty
The service, products and materials are provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service, products and materials are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the curious eagle or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, the curious eagle, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
The curious eagle does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the curious eagle service or any hyperlinked website or service, and the curious eagle will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
WRITTEN COMMUNICATIONS
You accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
LIABILITIES REGARDING USE OF THE WEBSITE
The User makes use of this Website at his own risk.
The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. The Curious Eagle makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
To the extent permitted by law, the liability of The Curious Eagle for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
Notwithstanding anything to the contrary contained in these Terms, The Curious Eagle shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies The Curious Eagle and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
The Curious Eagle will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of The Curious Eagle.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of The Curious Eagle in any way which would be illegal for The Curious Eagle to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
WEBSITE USE
The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of The Curious Eagle. The User may download and print 1 (one) copy of the Website’s contents for personal, non-commercial and information purposes only.
The Curious Eagle reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of The Curious Eagle unless otherwise stated.
No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
Any material uploaded by the User to the Website will be deemed to be non-confidential and in uploading such material the User cedes and assigns all rights in such material to The Curious Eagle. The Curious Eagle shall be free to copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity. The User waives any moral rights that it may have in such material.
The Website may contain links to other websites. The Curious Eagle has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
The User may link to this Website, provided that the User will not replicate any page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 11.
Although every effort will always be made to have this Website available, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. The Curious Eagle does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, The Curious Eagle shall be entitled to assume that such use and all related communications emanate from the User. The Curious Eagle shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to The Curious Eagle with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. The Curious Eagle may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, The Curious Eagle shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on The Curious Eagle’s part and without prejudice to The Curious Eagle’s rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in these Terms.
By accessing the Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is:
Accurate
usable; and
will not cause injury, defame any person or breach any clause of these Terms or any law.
The Curious Eagle is hereby indemnified from and against any and all loss by any person which results from a breach of these representations or warranties.
NOTICES
All notices given by you to us must be given to The Curious Eagle at info@thecuriouseagle.co.za. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways electronic format. Notice will be deemed received and properly served immediately when posted on our website and 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
PERSONAL INFORMATION
The Curious Eagle may from time to time process information about the User. The User acknowledges that by using the Website and placing any orders, the User consents to any processing or storage of such information and warrants that any and all data provided is up-to-date and accurate.
The User consents to The Curious Eagle processing and using the User’s Information in order for The Curious Eagle to send communications to the User, including newsletters, marketing material and information about The Curious Eagle’s products and promotions.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
DISCLAIMER
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. Should you have any specific questions about any matter on this website you should seek assistance from a qualified professional service provider. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies The Curious Eagle from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Every effort has been made to locate copyright and permission information regarding the information on this website.
PROPRIETARY RIGHTS
The Website is owned by The Curious Eagle and the User acknowledges that The Curious Eagle and/or its licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website.
The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The User undertakes:
not to use or register any trademarks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trademarks or which marks are likely to be associated with the Trademarks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trademarks;
not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of The Curious Eagle’ rights, title and interest in and to the Intellectual Property; and
not in any way to make unauthorised use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
Without limiting the generality of the provisions of clause 14.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
The Curious Eagle’ graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of The Curious Eagle. The Curious Eagle’s Trademarks and trade dress may not be used in connection with any product or service that is not conducted by The Curious Eagle or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Curious Eagle. The User may not use any of the Intellectual Property without The Curious Eagle’s prior written consent. All other trademarks not owned by The Curious Eagle that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trademarks without prior written consent from the relevant owners.
MALICIOUS SOFTWARE AND OFFENSES
The user will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
No form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into The Curious Eagle’ system which may cause any form of technological harm or any other form of harm in any manner or respect;
The user will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
The user will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and The Curious Eagle will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
Although The Curious Eagle and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, The Curious Eagle does not warrant that the Website is free of malicious content or viruses and The Curious Eagle will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in this clause which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
The User warrants that he will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
Limitation OF liability
To the maximum extent permitted by applicable law, in no event shall The Curious Eagle, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will The Curious Eagle be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, The Curious Eagle assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall The Curious Eagle, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to The Curious Eagle hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Curious Eagle has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The service is controlled and operated from its facilities in south Africa. The Curious Eagle makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable south African and local laws and regulations, including but not limited to export and import regulations. You may not use the service if you are a resident of a country embargoed by south Africa, or are a foreign person or entity blocked or denied by the south African government. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in south africa.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
If at any time there is a failure by The Curious Eagle to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
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All communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
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Personalized Crayons - Letters 1 × R150.00
