1. COPYRIGHT
1.1 Copyright 2003 © Under Wraps cc. 319 Windermere Road, Morningside, Durban, 4001, Kwa Zulu Natal, South Africa, phillippa@underwraps.co.za. All rights not expressly granted are reserved.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only.
1.3 All moral rights of and its employees/agents are reserved.
1.4 Under Wraps cc cannot screen or edit all the content available from the UNDER WRAPS site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Under Wraps cc of any content that may be offensive or illegal.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Under Wraps cc and as such are protected from infringement by local and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits UNDER WRAPS or sends e-mails to Under Wraps, that user consents to receiving communications from Under Wraps cc electronically and agrees that all agreements, notices, disclosures and other communications sent by Under Wraps cc satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4. HYPERLINKS
4.1 No person, business or web site may link to any page on this site without the prior written permission of UNDER WRAPS. Such permission could be obtained from the person referred to in clause 1 hereof.
4.2 Hyperlinks provided on this site to UNDER WRAPS are provided as is and UNDER WRAPS does not necessarily agree with, edit or sponsor the content on such web pages.
5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
6. SPIDERS AND CRAWLERS
6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of UNDER WRAPS. Such permission could be obtained from the person referred to in clause 1 hereof.
7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Under Wraps cc nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Under Wraps cc makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Under Wraps cc that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Under Wraps cc and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4 Neither Under Wraps cc nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
8. COSTS
8.1 PRICES:
8.1.1 The price of the product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
8.2 VALUE ADDED TAX:
8.2.1 Value added tax at the rate of 14% is charged on goods bought by South African residents.
8.2.2 VAT is not payable on international orders.
8.3 IMPORT DUTIES:
8.3.1 Import duties may be payable by recipients of goods in foreign countries. Under Wraps cc does not know what levies may be payable and cannot calculate or estimate such costs.
9. PAYMENT METHODS
9.1 Credit card payments.
9.1.1 Security and Encryption of payments is handled by Virtual Card Services (VCS).
9.1.2 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
9.1.3 Payment is only collected when the order is completed.
9.1.4 Note that to protect it's own and the interests of customer, Under Wraps cc scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Under Wraps cc is not satisfied with it's legitimacy.
9.2 Bank deposit payments.
9.2.1 If the buyer selects to pay via bank deposit instructions will be given on how to deposit monies into the Under Wraps cc bank account and would be subject to the following rules:
9.2.1.1The exact amount must be paid
9.2.1.2 The payment must be identified by supplying the invoice number and surname in the reference section of the deposit slip or on the electronic transfer.
9.2.1.3 No transfers must be made from ATM's
9.2.1.4 Cheque deposits are subject to a clearing period.
9.2.1.5 No bank deposits are accepted from outside the borders of South Africa.
9.2.1.6 Unpaid bank deposit orders are cancelled after five business days.
10. AGREEMENTS OF SALE
10.1 An agreement of sale between Under Wraps cc and a user only comes into effect if and when:
10.1.1 A credit card authorisation is received from the issuing bank; or
10.1.2 A deposit of an electronic transfer is reflected on Under Wraps cc bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase); or
10.1.3 A direct deposit is reflected on Under Wraps cc bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase.
10.2 Under Wraps cc reserves the right to refuse to accept and/or execute an order without giving any reasons. Under Wraps cc also reserves the right to cancel orders in whole or in part as circumstances dictate. Under Wraps cc shall only be liable to refund monies already paid by the user.
11. GOVERNING LAW
11.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
12. PRIVACY POLICY
12.1 Under Wraps cc shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
12.2 Under Wraps cc may electronically collect, store and use the following personal information of Users:
12.2.1 name and surname;
12.2.2 identity number;
12.2.3 contact numbers;
12.2.4 postal and physical address;
12.2.5 e-mail address
12.3 Under Wraps cc collects, stores and uses the abovementioned information for the following purposes:
12.3.1 to authorise the User when a backup / restore from the UNDER WRAPS web site is required;
12.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
12.5 Under Wraps cc may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
12.6.1 Under Wraps cc shall not disclose personal information from Users unless the User consents thereto;
12.6.2 Under Wraps cc shall disclose information without the User's consent only through due legal process; and
12.6.3 Under Wraps cc may compile, use and share any information that does not relate to any specific individual.
12.7 Under Wraps cc owns and retains all rights to non-personal statistical information collected and compiled by UNDER WRAPS.
13. SECURITY
13.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Under Wraps cc suffers any damage or loss.
13.2 The user agrees and warrants that its log-in name and password shall:
13.2.1 be used for personal use only; and
13.2.2 not be disclosed to any third party.
13.3 The user allows Under Wraps cc to take all reasonable steps to ensure the integrity and security of the Under Wraps cc site and back-office applications.
13.4 All credit card transactions are Secure Socket Layers encrypted.
14. CHANGES TO AGREEMENT
14.1 Under Wraps cc, in its sole discretion, may change this agreement or any part thereof at any time without notice.
15. DISPUTES
15.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Durban in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
16. DOMICILIUM
16.1 Under Wraps cc chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 319 Windermere Road, Morningside, Durban, 4001, Kwa Zulu Natal, South Africa.
17. TERM AND TERMINATION
17.1 This agreement shall commence when the user registers on the Under Wraps cc site and continues indefinitely until terminated by Under Wraps cc in terms of clause 14 hereto or for any other reason.
18. GENERAL INFORMATION
18.1 Under Wraps cc, CK Reg. No: 2004/03/0435/23. Members: 1 Phillippa De Oliveira
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