South Africa
|
Terms and Conditions
TERMS AND CONDITIONS
1. Detailed description of goods and/or services
Rich Rewards Trading 281 (Pty) Ltd trading as Superlogos and in the process of changing its name to Superlogos (Pty) Ltd (“Superlogos”) developed and operates a logo based internet search engine.
2. Terms of Use
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Superlogos website located at the domain name www.superlogosworld.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website. For the purposes of this Agreements terms like “our”, “we” and/or “us” shall mean Superlogos.
3. Website Contents
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Superlogos purchase you may return it with your invoice to Superlogos. Please see and/or request our Return Policy for further details. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Superlogos. This Website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
4. Comments
We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Website ("Comments"), but please note that Superlogos will not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of Superlogos. Superlogos will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments. You warrant that the Comments disclosed, submitted or offered by you to the Website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Superlogos disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.
5. Limited License to General Users
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Superlogos. Superlogos does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Superlogos Website or the Content nor any part thereof without the express written consent of Superlogos. Superlogos, their affiliates and/or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content and/or cancel orders in their sole discretion.
6. Links to other Websites and services
This Website contains links to other websites that are not under the control of Superlogos. Superlogos has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Superlogos provides the links solely for the convenience and information of its Website users.
7. Liability
You expressly agree that use of the Website, specifically including any election by you to provide certain personal information to other users of the Website, are entirely at your own risk. Neither Superlogos nor any of its agents or representatives shall be liable for any direct or indirect special, consequential or other damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and advertised through or on this Website or of any linked website, even if Superlogos is expressly advised thereof. Furthermore, Superlogos makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website, its servers or email sent from Superlogos are free from viruses other harmful components, 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 Superlogos. Superlogos will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. This Website is supplied on an "as is" and ‘as available’ 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 Superlogos that the service available from and through this Website will meet the user's individual requirements and be compatible with the user's hardware and/or software. Superlogos makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of this site is at your sole risk. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Superlogos and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website. To the full extent applicable by law, Superlogos disclaims all representations and warranties, express or implied, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services. You agree to defend, indemnify and hold Superlogos harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website. You furthermore agree that if you intend to complain, make a claim or take legal proceedings of any kind this action will be against Superlogos and no other involved party with the exception of the private courier.
8. Responsibility
Superlogos takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
9. Customer Privacy Policys
Superlogos receives various types of information (“the Information”) from Users who access the Website. Superlogos makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Superlogos will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Superlogos through the Internet, or that you expressly or implicitly authorise Superlogos to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Superlogos, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions. Superlogos requires certain personal information to provide the services required to the User and the User may elect to provide certain personal information to other users of the Website. Superlogos receives and stores all Information the User enters on the Website or gives to Superlogos, in any other way. The User may choose not to provide certain Information, but that may limit the services that the User may wish to obtain from this Superlogos. Superlogos provides its services in conjunction with its affiliates and subsidiaries. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User choose to enter into, is shared with those entities. Superlogos do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the Website to each other and, amongst others, business partners and affiliates, including, but not limited to, its advertisers, suppliers and other selected third parties. Superlogos may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law. The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Superlogos uses this information to determine use of the Website, and to improve Content thereon. Superlogos assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. Superlogos aspires to provide first-class service to its customers, which necessitates Superlogos providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please contact the Superlogos Help Desk. Superlogos understands that efficiency and customer care translates to good service. Superlogos may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Superlogos will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys. Superlogos may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets. Superlogos 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). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
10. Copyright and Intellectual Property
Superlogos provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by Superlogos, its affiliates and/or subsidiary, or any other third party owners of such content (“the Content”). Users may download, view and print content from this Website for private and non-commercial use only and may not copy, distribute, show in public or create any derivative work from the Website unless properly licensed to do so by Superlogos. All content included on this site such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software is the property of Superlogos or its content suppliers. All further proprietary works, and the compilation of the proprietary works, are also copyright of Superlogos and all of the abovementioned is protected by South African and international copyright laws, to which you agree to adhere. You agree that any Contents of whatsoever nature or description which you acquired or may acquire or which may come into your possession as a result of the use of this Website, shall remain the property of the Superlogos and you undertake not to use, copy or pring such Contents for any purpose other than to place an order or to utilise the services rendered by Superlogos. The material on the website may not be used for any other reason. Any Contents obtained by you from the Website shall be returned to Superlogos or deleted on request from Superlogos. Superlogos reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by Superlogos. Superlogos cannot screen or edit all the content available from the Superlogos Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Superlogos of any content that may be offensive or illegal. .
11. Export restriction
The offering on this website shall initially be available to South African clients only and after a period of time, to international clients
12. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Superlogos bank account, the details of which will be provided on request. Authority for payment must be given at the time of order. You will not pay anything extra when you pay by credit card. We will accept online orders placed by the authorised cardholder only. If you do not possess a suitable credit card you cannot order a Superlogos product in your name. If a credit card belonging to a third party is to be used, the order must be placed and completed by the card holder and delivery will be to the cardholder’s address only.
13. Credit card acquiring and security
Credit card transactions will be acquired for Superlogos via Paygate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
14. Customer details separate from card details
Customer details will be stored by Superlogos separately from card details which are entered by the client on Paygate’s secure site. For more detail on Paygate refer to www.paygate.co.za.
15. Merchant Outlet country and transaction currency
The initial merchant outlet country at the time of presenting payment options to the cardholder shall be South Africa. Transaction Currency shall therefore be South African Rand (ZAR) initially. After the website is launched internationally and foreign clients subscribe for the services rendered and/or goods sold via the Website, the transaction currency shall be Euros in respect of such non-South African clients.
16. Governing Law and Country of domicile
Should you purchase any product through this Website, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms or the use of the Website. This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by. South African Law and Superlogos chooses 41 Eagle Avenue, Kenrock, Valley Road, Hout Bay, 7806 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.
17. Arbitration
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, and not resolved through the Customer Relations Department of Superlogos, then 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 Cape Town in English. Each of the parties hereby irrevocably agrees that the decision of the Arbitrator in arbitration proceedings shall be final and binding on them and may be made an Order of Court to whose jurisdiction the parties to the dispute are subject
18. General
If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement. This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Superlogos shall not be construed as a waiver or variation of any of our rights or remedies. Superlogos reserves the right to alter or withdraw any of its internet services, to refuse its services to any customer and to amend these conditions on written notice from Superlogos at any time. Superlogos will not be responsible for any breach of these conditions caused by circumstances beyond its control. If Superlogos is informed of any inaccuracies in the material on its website or online purchase service, it will attempt to correct the inaccuracies a soon as possible. Goods are not sold on a trial basis. Goods are not for resale. Superlogos shall retain full ownership of and title to all goods delivered until all sums owing to it have been paid. Superlogos shall not be liable to the User on any account whatsoever in the event that Superlogos is prevented from fulfilling its obligations hereunder due in whole or in part to an event or force of majeure which expression shall mean act of God, war, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstances beyond its reasonable control; and whether or not within its control, strikes, lock-outs or industrial disputes in relation to Superlogos or any other party or any action taken by it in connection therewith or in consequence or the occurrence thereof. In such event Superlogos may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to Superlogos’s rights to receive payment of the price of all goods previously delivered.
19. Company Information
This website is run by Superlogos (PTY) Ltd, based in South Africa, registration number 2007/001697/07. In the event that you need to contact Superlogos for purposes related to these Terms and Conditions, please use the following: Telephone: 021 422 2591 Fax: 021 422 2596 Email: info@superlogosworld.com © Superlogos (Proprietary) Limited This Website was most recently updated on the 24th July 2007
Terms and Conditions
copyright @ 2007, All Right Reserved.