MOMSHAPPYKIDS.CO.ZA WEBSITE TERMS AND CONDITIONS

Credit: This document was created using a Contractology template available at http://www.contractology.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Mom’s Happy Kids operates http://www.momshappykids.co.za (the "Site").

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Site's use of cookies in accordance with the terms of Site's privacy policy.

License to use website

Unless otherwise stated, Site and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or information from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Mom’s Happy Kids owner’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Site reserves the right to restrict access to areas of this website, or indeed this entire website, at Mom’s Happy Kids owner’s discretion.

If Site provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Site may disable your user ID and password in Mom’s Happy Kids owner’s sole discretion without notice or explanation.

No warranties

While Mom’s Happy Kids owner’s will do everything reasonable to ensure that the website is in good working and the products and information is accurate, this website is provided “as is” without any representations or warranties, express or implied.  Site makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Site does not warrant that:

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

While Mom’s Happy Kids owners will do everything reasonable to ensure that products displayed and sold through the Site are accurate, correct and delivered to the buyer, Mom’s Happy Kids owner or the Site will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Site has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mom’s Happy Kids owner’s liability in respect of any:

l  death or personal injury caused by Mom’s Happy Kids owner’s negligence;

l  fraud or fraudulent misrepresentation on the part of Site; or

l  matter which it would be illegal or unlawful for Site to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Site and undertake to keep Site indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Site to a third party in settlement of a claim or dispute on the advice of Mom’s Happy Kids owner’s legal advisers) incurred or suffered by Site arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Mom’s Happy Kids owner’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Site may take such action as Site deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Site may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Site may transfer, sub-contract or otherwise deal with Mom’s Happy Kids owner’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Site in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.

Mom’s Happy Kids owner’s details

The full name of Site is http:\\www.momshappykids.co.za 

You can contact Site owener by email to This email address is being protected from spambots. You need JavaScript enabled to view it.