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TERMS & CONDITIONS : Boston Ivy
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You must carefully familiarise
yourself with the terms and
conditions set out in this agreement
before using our website. In
addition to setting out the terms of
use of our website, this document
contains important information in
regard to security and data and
privacy protection. Although we
regard these conditions as normal
and appropriate for the purposes of
our online presence, they do include
terms which exclude and/or limit our
liability and which place certain
obligations on you.
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By visiting our website, you
irrevocably agree to be bound by
these terms and conditions. This is
a legally binding agreement.
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If you do not agree with the terms
and conditions contained in this
agreement you should immediately
discontinue using our website.
GENERAL
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For the purposes of this agreement
all references to "us", "we" and
"our" will mean Boston Ivy and all references to "you"
or "your" will mean you as the
individual reading these terms and
conditions.
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We agree to provide you access to
our website in accordance with these
terms and conditions.
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You agree to use our website in a
manner consistent with these terms
and conditions.
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You accept that our website is
provided on an "as is, as available"
basis and that all information
displayed on our website is subject
to change. Under no circumstances
will we be liable to you if our
website is unavailable or not fully
functional at any time.
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Your access to and use of our
website may be terminated
immediately if you use, or attempt
to use, our website for any illegal
and/or immoral purposes.
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These terms and conditions contain
the entire understanding between us
with respect to this website and no
representation, statement ,
inducement oral or written, other
than those contained herein shall
bind either of us unless
specifically agreed to, in writing,
between us.
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You agree not to impersonate another
person in the use of this website or
in the sending of any e-mail to any
address listed on our website.
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Should any part of these terms and
conditions be declared invalid or
unenforceable by a court of
competent jurisdiction, this shall
not affect the validity of any
remaining portion and such remaining
portion shall remain in full force
and effect as if the invalid portion
of these terms and conditions had
been eliminated.
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The laws of South Africa shall
govern as to the interpretation,
validity and effect of this
agreement and your use of our
website notwithstanding any conflict
of law provisions or your domicile,
residence or physical location. You
hereby consent and submit to the
jurisdiction of the courts of South
Africa in any action or proceeding
instituted under or related to this
agreement.
USING OUR WEBSITE
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Our website is to be used by you
strictly for browsing and learning
more about our business, products
and services i.e. as an online
brochure. You are not permitted to
commercially profit by "on-selling"
our online services in any manner
whatsoever and may not use the
website for any purpose that is
unlawful or prohibited by these
terms and conditions.
INTELLECTUAL PROPERTY
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Either we or our licensors own the
intellectual property and all rights
attached thereto for the contents
of, and technology used to create
and display, this website including
the copyright in all information
displayed on our website and the
arrangement of the contents of this
website. Intellectual property shall
be given the widest possible meaning
in interpreting this clause and
shall include copyrights; trademark
and trade name rights; domain name
rights; trade secret rights and
patents, designs and algorithms of
whatever nature however known around
the world including logos,
distinctive marks and any other
unique identifiable feature whether
arising by operation of law,
contract, licence, or otherwise, and
all registrations, initial
applications, renewals, extensions,
continuations, divisions or reissues
now or hereafter in force.
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You are granted a non-exclusive
limited licence to view information
upon our website and to use (display
or print) short extracts of the
information displayed on the website
for your own non-commercial use
only, provided the information is
not modified by you and you shall be
fully responsible for any
consequences resulting from such
use. Any other use of the
information is prohibited. None of
the information contained on this
website may be reproduced,
republished or re-disseminated or
copied, transmitted or distributed
in any manner or form without our
prior written consent. We will take
appropriate legal action to enforce
our rights.
SECURITY
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We make every effort to maintain the
highest standards of security and,
where applicable, will employ the
latest SSL encryption standards in
our personal interactions with you
upon our web site. Our Internet
servers are also housed in a most
secure environment. However, because
of all the variables involved in
Internet security, we will not be
responsible for any damages you or
any third party may suffer as a
result of the transmission of
confidential information which you
may make to us through the Internet.
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Due to all the variables involved in
Internet security, we will not be
responsible for any damages which
you or any third party may suffer as
a result of the transmission of
confidential information which you
may make to us or our agents through
the Internet. We do, however,
reiterate our commitment to
maintaining the highest possible
prevailing Internet security
standards.
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Whilst every effort is made to
ensure that all information provided
on our website does not contain
computer viruses, you should take
responsible and appropriate
precautions to scan for computer
viruses and should ensure that you
have a complete and current backup
of all important items of
information contained on your
computer system. You should pay
specific attention to some of the
viruses that have been written to
execute automatically when an
infected word-processing document is
loaded into certain word-processing
programs.
DATA COLLECTION AND PRIVACY ISSUES
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We will for internal market research
and technical purposes collect and
process data obtained from and/or
about you in the course of your
accessing our website. This
information collection may
include:Placing "cookies" on your
computer which are very small
digital files containing basic data
which, amongst other things,
identify you to us and obviate the
need for you to enter certain
information every time you visit our
website.
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We consider any information provided
to us by you as confidential and
will never share your information
with third parties, outside of our
company and its group, without your
permission. We will, however,
divulge your personal data to third
parties, without notice to you,
where compelled to do so by law or
by a court or other judicial body of
competent authority.
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In accordance with the then
prevailing South African data
protection legislation (currently
the Promotion of Access to
Information Act No. 2 of 2000),
information, if any, on what data is
held about you can be obtained by
contacting us. Furthermore, in
accordance with the then prevailing
South African data protection
legislation, we reserve the right to
charge a fee for providing any of
the information that we hold on you.
HYPERLINKS
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Our website may contain links to
other websites. These links are
provided as references to help you
identify and locate other Internet
websites that may be of interest.
These other websites may have been
independently developed by parties
other than us and/or they may be
under the control of parties other
than us and we do not assume
responsibility for the accuracy or
appropriateness of the information
contained in such websites. In
providing links to other websites,
we are in no way acting as a
publisher or a disseminator of the
material contained on those other
websites, unless specifically stated
to the contrary and do not seek to
control the content of, or maintain
any type of editorial control over
such websites. A link to another
website should not be construed to
mean that we are affiliated or
associated with, or are legally
authorised to use any trademark,
trade name, logo or copyrighted
material that may be reflected in
the link or a description of the
link to such other websites.
Furthermore the mention of any party
or its product or service on this
website should not be construed as
an endorsement of that party or its
product or service, unless
specifically stated otherwise.
DISCLAIMERS / LIMITATION OF LIABILITY
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TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS, WE SHALL NOT BE
LIABLE FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE AND HOWSOEVER
ARISING WHICH YOU MAY SUFFER,
INCLUDING WITHOUT LIMITATION AND
DIRECT, INDIRECT, SPECIAL, PUNITAVE
OR CONSEQUENTIAL DAMAGES, LOSS OF
USE, LOSS OF DATA, LOSS CAUSED BY
VIRUS, LOSS OF INCOME OR PROFIT.
LOSS OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF
ANY KIND OR CHARACTER, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, ARISING
OUT OF OR IN CONNECTION WITH THE USE
OF OUR WEBSITE OR ANY WEBSITE WITH
WHICH IT IS LINKED.
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The information and services
included in or available on our
website may include inaccuracies or
typographical errors. We reserve the
right to make improvements and / or
changes to the website at any time
and to withdraw access to the
website at any time and for any
reason.
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We do not warrant that the website
will be uninterrupted or error-free
or that defects will be corrected.
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The website is provided "as is"
without warranty of any kind.
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We reserve the right to amend or
modify these terms and conditions at
any time and for any reason.
INDEMNIFICATION
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You agree to indemnify and hold us
as well as our employees, harmless
from any claim, demand or damage
asserted by any third party due to
or arising out of your use of or
conduct on the website.
CONTACTING US
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If you have any questions about
these terms and conditions or the
practices of this website you can
e-mail
diane@bostonivy.co.za
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