Barking Mad Disclaimer
GENERAL TERMS AND CONDITIONS FOR BARKINGMAD.CO.ZA WEB SITE AND
The products and services (collectively, the “Products and Services”) offered by
or through the BarkingMad.co.za web site are made available subject to the following
Terms and Conditions. By using the BarkingMad web site, you agree to be bound by,
and to comply with, these Terms and Conditions and any further Terms & Conditions
that BarkingMad may prescribe from time to time. BarkingMad reserves the right to
make changes to this site and these disclaimers, terms, and conditions at any time.
Please read these Terms and Conditions carefully, and should you have any legal
questions please directed them to: tracy@BarkingMad.co.za
All content included on this web site, such as text, graphics, logos, button icons,
StaticImages, audio clips, databases and software, is the property of BarkingMad
or its content suppliers and protected by South African and international copyright
laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly)
of all content on this web site is the exclusive property of BarkingMad and protected
by South Africa and international copyright laws. Without derogating from the above,
BarkingMad authorizes you to view, copy, download to a local drive, print and distribute
the content of this web site, or parts thereof, provided that: 1. Such content is
used for information purposes only; 2. Such content is used for non-commercial purposes.
You are expressly prohibited from incorporating any of the material from this web
site in any other work, publication or web site of your own or belonging to another.
3. Any reproduction of material from this web site or portion thereof must include
this notice in its entirety.
The information, content, services, products and materials published on this web
site, including without limitation, text, graphics and links are provided on an
“as is” basis. BarkingMad makes no representations or warranties of any kind, express
or implied, as to the operation of this web site or the accuracy, correctness or
completeness of the information, contents, materials, or products included on this
site. Without limiting the generality of the aforegoing: 1. BarkingMad does not
warrant that this web site, will be error free, or will meet any particular criteria
of accuracy, completeness or reliability of information, performance or quality;
and 2. Whilst BarkingMad has taken reasonable measures to ensure the integrity of
this web site and its contents, no warranty, whether express or implied, is given
that any files, downloads or applications available via this web site are free of
viruses, Trojans, bombs, time-locks or any other date or code which has the ability
to corrupt or affect the operation of your system.
LIMITATION OF LIABILITY
In no event shall BarkingMad and its suppliers be liable for any direct, indirect,
punitive, incidental, special or consequential damages arising out of or in any
way connected with the use of this web site. Such limitation shall also apply with
respect to damages resulting from the inability to use this web site, the operational
failure of this web site, or for any information, data, products, and services obtained
through this web site, or otherwise arising out of the use of this web site, whether
based on contract, delict, strict liability or otherwise, even if BarkingMad and/or
any of its suppliers has been advised of the possibility of damages.
NEWS AND GENERAL INFORMATION
Although reasonable steps have been taken to ensure the accuracy and completeness
of the contents, data and information on this site, there may be instances where
such information proves inaccurate or incomplete. Before placing any reliance on
the data and information provided on this site please consult BarkingMad directly.
You should take all reasonable steps Without limiting the generality of the aforegoing:
1. This web site could include technical, typographical or other inaccuracies and
you are urged to contact your own professional advisors to confirm all information
contained on this web site prior to placing reliance thereon. Changes are periodically
made to the information herein and these changes will be incorporated in new editions
of this web site.
THIRD PARTY GOODS, SOFTWARE AND SERVICES
With regards to all third party goods, software and Services or Services in conjunction
with that of third parties, the following conditions apply: such services are subject
to the terms, conditions and limitations imposed by those third parties. If those
third parties change, suspend or stop providing such services, we may similarly
change, suspend or stop providing the Services to you without notice. We may nevertheless
endeavour to provide such a Service in another way or by using another third party.
BarkingMad is authorised to provide any of your Personal Information (as defined
to enable the third parties and ourselves to provide the services to you. To the
extent that there is a conflict between the third party’s Terms and Conditions and
these Terms, these Terms will prevail. When you acquire goods, software or any other
services from a third party through any of our Services, you understand and agree
that BarkingMad is not a party to the contract between you and the third party and
BarkingMad are under no obligation to monitor the Third Party Service used by you.
The third party will be responsible for all obligations under the contract including
(without limitation) warranties or guarantees; will evaluate the product, software
or service and the applicable terms and conditions before acquiring the product,
software or service. BarkingMad is indemnified against any damages howsoever arising
from your acquisition and use of the goods, software or service. We also reserve
the right to reject or refuse any Third Party Service used by you in conjunction
with our Service.
SUSPENSION OR TERMINATION OF SERVICES
BarkingMad may suspend, interrupt, change or end any Service or any part thereof
at any time for any reason in our sole discretion without notice to you and without
any liability to you.
These terms and conditions shall be governed by and construed in accordance with
the laws of the Republic of South Africa without giving effect to the principles
of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High
Court of the Republic of South Africa (WPD Division) in respect of any disputes
arising in connection with this web site.
BarkingMad is dedicated to maintain the privacy of its online visitors and users.
On this site, BarkingMad does not collect personally identifiable information from
individuals unless they provide it to us voluntarily and knowingly. Any information
collected is used solely by BarkingMad and its business partners who are involved
in the operation of this site for internal purposes. BarkingMad’s client lists are
never sold to third parties, and we will not share personally identifiable information
with third parties unless the person who has submitted the information has authorized
us to do so, or if we are required to by law.
VIOLATION AND WAIVER
Should you violate these Terms and Conditions or any other rights of BarkingMad,
we reserve the right to pursue any and all legal and equitable remedies against
you. If we should fail to enforce any right or provision in these Terms and Conditions,
you agree that this failure does not constitute a waiver of such right or provision
or of any other rights or provisions in these Terms and Conditions. If a court should
find that one or more rights or provisions set forth in these Terms and Conditions
are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable
and that, to the extent permitted by law, the court shall give effect to the parties’
intentions, as reflected in any such right or provision that has been declared invalid