Terms and Conditions for Cine Gear Africa
OVERVIEW
This website/application is operated by shop.cinegearafrica.com team. Throughout the website/application, the terms “we”, “us” and “our” refer to shop.cinegearafrica.com team. shop.cinegearafrica.com offers this website/application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“TERMS AND CONDITIONS”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These TERMS AND CONDITIONS apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these TERMS AND CONDITIONS carefully before accessing or using our website/application. By accessing or using any part of the site, you agree to be bound by these TERMS AND CONDITIONS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website/application or use any services. If these TERMS AND CONDITIONS are considered an offer, acceptance is expressly limited to these TERMS AND CONDITIONS.
Any new features or tools which are added to the current store shall also be subject to the TERMS AND CONDITIONS. You can review the most current version of the TERMS AND CONDITIONS at any time on this page. We reserve the right to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and/or changes to our website/application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website/application following the posting of any changes constitutes acceptance of those changes.
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SECTION 1 - ONLINE STORE TERMS By agreeing to these TERMS AND CONDITIONS,you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website/application through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION Cine Gear Africa is not responsible if the information made available on its online store is not accurate, complete or current. The material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the customer's own risk. The online store may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. Cine Gear Africa reserves the right to modify the contents of the site at any time, but has no obligation to update any information on its site. Customers agree that it is their responsibility to monitor changes to the site.
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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for the products available on Cine Gear Africa are subject to change without notice. Cine Gear Africa reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Cine Gear Africa shall not be liable to the customer or to any third-party for any modification, price change, suspension or discontinuance of the Service.
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SECTION 5 - PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the Cine Gear Africa website. These products or services may have limited quantities and are subject to return or exchange only according to Cine Gear Africa's Return Policy. Cine Gear Africa has made every effort to display as accurately as possible the colors and images of the products that appear on the online store. However, it cannot guarantee that a customer's computer monitor's display of any color will be accurate. Cine Gear Africa reserves the right, but is not obligated, to limit the sales of its products or Services to any person, geographic region or jurisdiction. It may exercise this right on a case-by-case basis. Cine Gear Africa reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Cine Gear Africa. The online store reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Cine Gear Africa does not warrant that the quality of any products, services, information, or other material purchased or obtained by the customer will meet their expectations, or that any errors in the Service will be corrected.
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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION Cine Gear Africa reserves the right to refuse any order placed on our online store. We may, at our discretion, limit or cancel the quantities of products purchased per person, per household, or per order. This may include orders placed using the same customer account, credit card, and/or billing and shipping address. In case of a change or cancellation to an order, we will attempt to notify you through the email address or phone number provided during the time the order was made. We also reserve the right to limit or prohibit orders that we believe to be placed by dealers, resellers, or distributors. As a customer of Cine Gear Africa, you are responsible for providing accurate, complete, and current purchase and account information for all orders made on our store. You are also responsible for promptly updating your account information, including your email address and credit card numbers and expiration dates, so that we can process your transactions and reach you if necessary. For more information, please refer to our Return Policy.
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SECTION 7 - OPTIONAL TOOLS Cine Gear Africa may provide you with access to third-party tools that we do not monitor or control. You acknowledge that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions and without endorsement. We will not be liable for any damages arising from or related to your use of these optional third-party tools. Your use of any optional tools offered on our online store is entirely at your own risk and discretion, and you should make sure to familiarize yourself with and agree to the terms provided by the relevant third-party provider. In the future, Cine Gear Africa may offer new services and features through our website, including the release of new tools and resources. These new features and services will also be subject to these TERMS AND CONDITIONS.
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SECTION 8 - THIRD-PARTY LINKS Some of the content, products, and services offered through Cine Gear Africa may include materials from third-party sources. You may come across third-party links on the website that take you to websites not associated with Cine Gear Africa. We are not responsible for reviewing or evaluating the accuracy of such third-party content and do not guarantee or accept liability for any third-party materials, websites, products, or services. Any transactions made with third-party websites linked from our website are done so at your own risk, and Cine Gear Africa will not be held responsible for any harm or damages resulting from these transactions. Please make sure you thoroughly understand the third-party's policies and practices before engaging in any transaction with them. If you have any complaints, concerns, or questions about third-party products, please direct them to the relevant third-party.
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SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS By sending us creative ideas, suggestions, proposals, plans, or other materials, either at our request (such as contest entries) or voluntarily (collectively referred to as "comments"), you grant Cine Gear Africa the right to use, edit, copy, publish, distribute, translate, and otherwise utilize your comments in any medium. We are not obligated to: (1) maintain the confidentiality of your comments, (2) compensate you for your comments, or (3) respond to your comments. Cine Gear Africa reserves the right, but is not obligated, to monitor, edit, or remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these TERMS AND CONDITIONS. By submitting comments, you agree that they will not infringe on any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights. Your comments must not contain any illegal, abusive, obscene, or malicious material, or any computer virus or malware that could compromise the operation of the website/application. You must not use a false email address or impersonate another person, and your comments must be accurate. You are solely responsible for your comments and Cine Gear Africa assumes no responsibility or liability for any comments made by you or any third-party.
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SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the online store Cine Gear Africa is governed by our Privacy Policy.
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SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website/application is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website/application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website/application should be taken to indicate that all information in the Service or on any related website/application has been modified or updated.
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SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the TERMS AND CONDITIONS, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or South African regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/application, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website/application, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website/application for violating any of the prohibited uses.
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SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or territories may not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or territories, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TERMS AND CONDITIONS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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SECTION 15 - SEVERABILITY In the event that any provision of these TERMS AND CONDITIONS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law in South Africa, and the unenforceable portion shall be deemed to be severed from these TERMS AND CONDITIONS, such determination shall not affect the validity and enforceability of any other remaining provisions.
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SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes within the jurisdiction of South Africa. These TERMS AND CONDITIONS are effective unless and until terminated by either you or us. You may terminate these TERMS AND CONDITIONS at any time by notifying Cine Gear Africa that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TERMS AND CONDITIONS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination within South Africa; and/or accordingly may deny you access to our Services (or any part thereof) within the jurisdiction of South Africa.
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SECTION 17 - ENTIRE AGREEMENT The failure of Cine Gear Africa to exercise or enforce any right or provision of these TERMS AND CONDITIONS shall not constitute a waiver of such right or provision within South Africa. These TERMS AND CONDITIONS and any policies or operating rules posted by Cine Gear Africa on this site or in respect to The Service constitutes the entire agreement and understanding between you and Cine Gear Africa and govern your use of the Service within South Africa, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Cine Gear Africa (including, but not limited to, any prior versions of the TERMS AND CONDITIONS) within the jurisdiction of South Africa. Any ambiguities in the interpretation of these TERMS AND CONDITIONS shall not be construed against the drafting party within South Africa.
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SECTION 18 - GOVERNING LAW These TERMS AND CONDITIONS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS You can review the most current version of the TERMS AND CONDITIONS at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and changes to our website/application. It is your responsibility to check our website/application periodically for changes. Your continued use of or access to our website/application or the Service following the posting of any changes to these TERMS AND CONDITIONS constitutes acceptance of those changes.