1.1 These are the general terms of the relationship between you (website user) and us (website owner). These Terms cover all use of this website. PLEASE READ THESE TERMS CAREFULLY. Website users using the PRIME BRANDS INTERNATIONAL PTY LTD. website for any reason whatsoever, subject themselves to and agree to these Terms and conditions of PRIME BRANDS INTERNATIONAL PTY LTD. when accessing or using the website as set out below. We may change these Terms at any time, and the changes will be effective when they are posted to the website. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
1.2 IN TO ORDER COMPLETE A PURCHASE ON THIS WEBSITE, YOU MUST AGREE TO THESE TERMS, TO OUR TERMS AND CONDITIONS OF SALE AND ANY OTHER TERMS OR POLICIES THAT MAY APPLY TO YOU AS A BUYER.
2. Definitions and interpretation
2.1 Definitions. In the agreement:
terms means the terms, consisting of:
these terms; and
any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website);
we, us, or our means PRIME BRANDS INTERNATIONAL PTY LTD. (PRIME BRANDS INTERNATIONAL PTY LTD.), the owner of this website, mobile application and / or mobi interface (as the case may be). It includes all intellectual property (“I.P”), source code, Trademarks and Copyright material (registered and unregistered) which is used in pursuance of the business activities of PRIME BRANDS INTERNATIONAL PTY LTD. and the officers, agents, employees, owners, co-branders and associates of PRIME BRANDS INTERNATIONAL PTY LTD.;
you, your or user means any user to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the user.
2.2 Conflict. If the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.
3. Use of this website
3.1 This website is intended to provide the user with information regarding PRIME BRANDS INTERNATIONAL PTY LTD., its products offered and/or services rendered.
3.2 Without derogating from the aforegoing, PRIME BRANDS INTERNATIONAL PTY LTD. hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
3.3 such content is used for information and/or non-commercial purposes only; and
3.5 Users that wish to use content from this site for commercial purposes may only do so with prior written permission.
4. Linking and framing
4.1 Any third-party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of PRIME BRANDS INTERNATIONAL PTY LTD.
4.2 It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of PRIME BRANDS INTERNATIONAL PTY LTD.
5. Mobile services
6. This website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
7. Your capacity and eligibility
7.1 Capacity, eligibility and agreement. This website is not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THIS WEBSITE. You promise that you may visit this website and agree to the Terms because you:
are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
are not 18 yet, but are using this website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
7.2 Accurate information. You promise that you will give only accurate information to us and this website.
8. Intellectual property
8.1 All content, trademarks and data on this website, including but not limited to, software, scripts, code, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PRIME BRANDS INTERNATIONAL PTY LTD., and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website is expressly reserved.
8.2 Ownership. Except as provided to the contrary in the agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are our sole property or will vest in us. All moral rights are reserved. By using this website, you acknowledge our ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof.
8.3 Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
8.4 Restrictions. Except as expressly permitted under the agreement, the website may not be:
modified, distributed, or used to make derivative works;
rented, leased, loaned, sold or assigned;
decompiled, reverse engineered, or copied; or
reproduced, transferred, or distributed.
9. User generated content
9.1 "User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through this website, except to the extent the Content is owned by Prime Brands International Pty Ltd.
9.2 You are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via this website. We do not have an obligation to review the contributions posted to this website, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.
10. Our rights to your posting
10.1 Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
11. Copyright Infringement Complaints
11.1 If you believe that your work has been improperly copied and posted on this website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on this website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send copyright infringement complaints to:
Prime Brands International Pty Ltd.
104 Capricorn Drive
Capricorn Park, Muizenberg
Cape Town, South Africa
13.1 Without completing a purchase cycle for PRIME BRANDS INTERNATIONAL PTY LTD.’s products or services, your visit to the website shall not:
13.1.1 constitute or give rise to any agreement between PRIME BRANDS INTERNATIONAL PTY LTD..
13.2 PRIME BRANDS INTERNATIONAL PTY LTD. reserves the right to refuse to accept and/or execute a purchase for PRIME BRANDS INTERNATIONAL PTY LTD.’s products. This means that Prime Brands pty ltd may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Prime Brands Pty ltd will issue you a refund. Prime Brands pty ltd attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfilment industry.
14.1 Negotiation: Should a dispute arise between a user and PRIME BRANDS INTERNATIONAL PTY LTD., each party must make sure that their chosen representatives meet within 10 business days of notification, to negotiate and try to end the dispute by written agreement within 15 more business days. If negotiation fails, the parties must refer the dispute to arbitration.
14.2 Arbitration: PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing this website constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and we will waive any right to file certain lawsuits in court or participate in a class action for matters within the terms of the Arbitration provision.
14.3 EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, LEGAL ACTION TAKEN TO SEEK AN INJUNCTION OR OTHER EQUITABLE RELIEF RELATED TO THE WEBSITE OR USER GENERATED CONTENT AND CLAIMS RELATED TO THE VALIDITY OR ENFORCEABILITY OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms.
14.4 The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
14.5 You agree that all disputes, actions, and claims relating to your access to or use of this website and all matters arising out of or related to these Terms (except for small claims court disputes, legal action taken to seek an injunction or other equitable relief related to this website or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of Delaware, without regard to choice of law principles.
15. Governing Law and Jurisdiction.
15.1 These Terms and our Terms of Sale shall be governed by and construed in accordance with the laws of South Africa. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in South Africa in any such legal action or proceeding.
16. Searching technology
16.1 The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site server or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 1 hereof.
17. Links to third party sites
17.1 PRIME BRANDS INTERNATIONAL PTY LTD. may provide links to the user only as a convenience and the inclusion of any link does not imply PRIME BRANDS INTERNATIONAL PTY LTD.'s endorsement of such sites.
17.2 Linked websites or pages are not subject to the control of PRIME BRANDS INTERNATIONAL PTY LTD.. PRIME BRANDS INTERNATIONAL PTY LTD. shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.
18.3 Linked websites or pages have separate terms and privacy policies. PRIME BRANDS INTERNATIONAL PTY LTD. is not responsible for the content or policies of linked websites or pages and you access them at your own risk.
18. This website does not offer medical advice
18.1 The content on all websites associated with the Prime Brands International Pty Ltd, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. Reliance on any information provided herein is solely at your own risk.
19. Physical activity notice
19.1 This website may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Prime Brands is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of this website.
20. Limitation on Liability
20.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, ONLINE SALE OF GOODS, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, ACCESS, USE, INABILITY TO USE, OR PERFORMANCE THEREOF. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
20.2 Because some jurisdictions do not allow for certain limitations with respect to duration or disclaimer of warranties, or exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If it is finally determined by a court of law or an arbitrator that has competent jurisdiction over the matter that the limitation of liability set forth in this Section 16 does not apply to you, then you agree that our total liability in the aggregate for any claims made by you or any third party on your behalf, whether in contract, warranty, or tort (including negligence whether active, passive, or imputed), products liability, strict liability, or other theory, arising out of or in any way relating to these Terms, the Online Services, Features, Content, Activities, and Programs shall not exceed one hundred dollars ($100.00).
20.3 THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS. ABSENT SUCH LIMITATIONS, WE WOULD NOT PROVIDE YOU WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS.
21. Warranty Disclaimer
21.1 PRIME BRANDS INTERNATIONAL PTY LTD. is not responsible or liable for any User Generated Content or other Content posted on this website or for any offensive, unlawful or objectionable content you may encounter on or through this website. This website, User Generated Content, Content, and the materials and products on this website are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, PRIME BRANDS INTERNATIONAL PTY LTD. disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement. PRIME BRANDS INTERNATIONAL PTY LTD. cannot guarantee and does not promise any specific results from use of this website. PRIME BRANDS INTERNATIONAL PTY LTD. does not represent or warrant that this website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes this website available are free of viruses or anything else harmful. To the fullest extent permitted by law, PRIME BRANDS INTERNATIONAL PTY LTD. does not make any warranties or representations regarding the use of the materials or Content in this website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access this website, loss of data or other harm of any kind that may result. Prime Brands International Inc reserves the right to change any and all Content and other items used or contained in this website at any time without notice.
23. Security of information
23.1 All reasonable steps will be taken to secure a user's information.
23.2 User's undertake not to divulge their username and passwords to any other person.
23.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that PRIME BRANDS INTERNATIONAL PTY LTD. should suffer any damage or loss, damages will be claimed.
24.1 Notwithstanding any of these Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent your future access to and use of this website. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
25.1 Entire agreement. The terms are the entire agreement between the parties on the subject.
25.2 Changes to website. PRIME BRANDS INTERNATIONAL PTY LTD. expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice. PRIME BRANDS INTERNATIONAL PTY LTD. reserves the right to change and amend the prices and rates quoted on this website without any notice. The user undertakes to check PRIME BRANDS INTERNATIONAL PTY LTD. frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the website.
25.3 Changes to terms. We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
25.4 Facts about website. If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
25.5 Waiver. We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
25.6 Severability. These Terms and Conditions of Use constitute the entire agreement between PRIME BRANDS INTERNATIONAL PTY LTD. and you, the user of this website. Any failure by PRIME BRANDS INTERNATIONAL PTY LTD. to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.