|
Beach-Swimwear.Com
Web Site Agreement
The
Beach-Swimwear.Com Web Site (the "Site") is an
online information service provided by Beach-Swimwear.Com
("Beach-Swimwear.Com "), subject to your
compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS PUBLISHED BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. Beach-Swimwear.Com MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses.
The entire content of the Site is protected by
international copyright and trademark laws. The owner of the
copyrights and trademarks are Beach-Swimwear.Com, its
affiliate partners or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different
areas of the Site solely for your own non-commercial use;
provided that you agree not to change or delete any
copyright or proprietary notices from the material. You
agree to grant to Beach-Swimwear.Com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform
any materials and other information (including, without
limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the
Site (such as forums and newsgroups) or by
e-mail to Beach-Swimwear.Com by all means and in any media
now known or hereafter developed. You also grant to
Beach-Swimwear.Com the right to use your name in connection
with the submitted materials and other information as well
as in connection with all advertising, marketing and
promotional material related thereto. You agree that you
shall have no recourse against Beach-Swimwear.Com for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to
Beach-Swimwear.Com.
TRADEMARKS.
Publications, products, content or services referenced
herein or published on the Site are the exclusive trademarks or
service marks of Beach-Swimwear.Com. Other product and
company names mentioned in the Site are the trademarks of
the respective advertisers approved by Beach-swimwear.com.
2.
Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by
Beach-Swimwear.Com, Beach-Swimwear.Com does not operate,
control or endorse any information, products or services on
the Internet in any way. Except for Beach-Swimwear.Com-
identified information, products or services, all
information, products and services offered through the Site
or on the Internet generally are offered by third parties,
that are not affiliated with Beach-Swimwear.Com. You also
understand that Beach-Swimwear.Com cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Beach-Swimwear.Com PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND Beach-Swimwear.Com SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Beach-Swimwear.Com DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. Beach-Swimwear.Com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL Beach-Swimwear.Com ITS AGENTS OR EMPLOYEES
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF Beach-Swimwear.Com OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Beach-Swimwear.Com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Beach-Swimwear.Com makes no representations whatsoever about
any other web site which you may access through this one or
which may link to this Site. When you access a
non-Beach-Swimwear.Com web site, please understand that it
is independent from Beach-Swimwear.Com, and that
Beach-Swimwear.Com has no control over the content on that
web site. In addition, a link to a Beach-Swimwear.Com web
site does not mean that Beach-Swimwear.Com endorses or
accepts any responsibility for the content, or the use, of
such web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless
Beach-Swimwear.Com, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any
other person accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Beach-Swimwear.Com
and its administrators, officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on their own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2
(Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of Republic of South Africa
applicable to agreements made and to be performed in
Republic of South Africa. You agree that any legal action or
proceeding between Beach-Swimwear.Com and you for any
purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in
Cape Town, South Africa . Any cause of action or claim you
may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
Beach-Swimwear.Com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. Beach-Swimwear.Com may assign its rights and
duties under this Agreement to any party at any time without
notice to you. Any rights not expressly granted herein are
reserved.
Privacy & Security
Your identity is valuable to you and important to us.
Information about you, your personal details or financial data is safe with us all our partners advetising
on this web site.We will never pass on these details without asking you first.
Your privacy is guaranteed we can assure you that:
We will never pass your financial details to a third party.
We will never pass your personal data to a third party.
The only information a vendor ever receives about you is a shipping address and this only with your express permission.
We will never sell our mailing list. You will receive no junk mail as a result of registering with
this web site.
We will never exploit your personal details in any manner.
During competitions where we will ask you if you would like to receive information
from the company sponsoring the prize. Only when you explicitly tell us that you do
want to receive such information will we pass on your details.
Secure Shopping
We have carefully selected our partners, and have only
approved those who can provide our site visitors SSL
technology - a secure shopping environment.
SSL (Secure Socket Layer) technology is used for all online shopping transactions ensuring your security
at all times. Information is encrypted and cannot be read by anyone other than the store you are buying from.
You will notice that the pages are secure because the address in the address bar of your browser changes
from http:// to https://.
You will also see a padlock symbol or key in the bottom bar of your browser (IE) or Firefox usually shows it at the top.
Payment Terms
Most major credit and debit cards including Visa,American Express, MasterCard, and Visa Electron.Diners Card is not accepted by all shops.
Customer Service
Without fail all our partners have customer service centres ready to assit you
should you have any customer service enquiries regarding
merchandise, account enquiries or shipping and return policy enquiries.
Thank you for using our web site, please visit us again soon
for the best brands and latest styles in swimwear,
underwear, lingerie, loungewear and sleepwear.
Wishing you well, with a traditional gaelic blessing:
May the road rise up to meet
you.
May the wind be always at your back.
May the sun shine warm upon your face;
the rains fall soft upon your fields and until we meet
again,
may God hold you in the palm of His hand.
Kind Regards
Beach-swimwear.com Team
COPYRIGHT NOTICE.© 2006
Beach-Swimwear.Com
PO Box 5275
Helderberg
South Africa, 7135
All rights reserved.
|