WEBSITE TERMS AND CONDITIONS OF USE
1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) govern your access to and use of the website located at www.sabonsai.com (“Website”), operated by SA Bonsai and Little Wood Pottery (collectively, “the Company”), and any information, services, products, content, tools, and functionality offered through the Website.
1.2 By accessing or using the Website, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to any of the Terms, you must refrain from accessing or using the Website.
1.3 These Terms apply to all visitors, users, and others who access or use the Website (“users”, “you”, or “your”).
1.4 You warrant that you are at least 18 years of age or have the necessary legal capacity to enter into this agreement. If you are under the age of 18, you may only use this Website under the supervision and consent of a parent or legal guardian.
1.5 The Company reserves the right, at any time and in its sole discretion, to modify, update, or replace these Terms. Any changes will be posted on the Website and will become effective upon publication. Your continued use of the Website following such updates constitutes acceptance of the revised Terms.
1.6 If you have any questions about these Terms, please contact us at +27 83 393 0188. Note: Calls may be monitored for quality assurance, training, and security purposes.
2. WEBSITE CONTENT
2.1 The Website provides information about the Company, its products (including images and descriptions), services, and additional resources. This includes third-party services, product usage guidance, and Company contact details.
2.2 The Company reserves the right to alter, improve, or discontinue any aspect of the Website, including products, services, and features, without prior notice.
2.3 While every effort is made to ensure accuracy, the Website’s content may be updated without notice and may contain inaccuracies or typographical errors.
2.4 Information provided by third-party service providers may appear on the Website. The Company accepts no liability for such information and provides it “as is” without warranties of any kind.
2.5 The Company does not guarantee that the Website will be error-free or free from harmful components such as viruses. Users assume full responsibility for any risk arising from Website use.
3. THIRD-PARTY LINKS AND CONTENT
3.1 The Website may contain links to third-party websites for your convenience. The Company does not endorse or assume any responsibility for these third-party websites, their content, privacy policies, or practices.
3.2 The Company disclaims all liability for any loss or damage arising from your use of or reliance on third-party websites accessed through this Website.
4. RESTRICTIONS ON USE
Users agree not to:
Copy, modify, reproduce, republish, upload, post, transmit, or distribute any part of the Website without prior written consent, unless expressly permitted herein;
Reverse engineer or decompile any portion of the Website;
Remove or alter any trademark, copyright, or proprietary notices;
Submit unlawful, harmful, or objectionable content through the Website;
Engage in unauthorized use or access of the Website's systems or network.
5. SECURITY
5.1 The Company reserves the right to take necessary steps to safeguard the security and integrity of its Website and related systems.
5.2 Unauthorized access, tampering, or attempts to interfere with the Website’s operation is strictly prohibited and may result in criminal prosecution or civil liability.
5.3 Offenses under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) will be prosecuted to the full extent permitted by law.
6. INTELLECTUAL PROPERTY
6.1 All intellectual property, including but not limited to trademarks, software, content, graphics, and proprietary data, remains the exclusive property of the Company or its licensors.
6.2 No content from this Website may be copied, distributed, or reused without the Company’s prior written approval, except for personal and non-commercial use.
6.3 By submitting content to the Website (excluding personal data), you grant the Company a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, and distribute such content.
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 Use of this Website is entirely at your own risk.
7.2 The Company disclaims all liability for any loss, damage, or harm resulting from your use of or reliance on this Website or its content.
7.3 To the extent permitted by law:
The Company shall not be liable for any direct, indirect, incidental, or consequential damages.
The Company’s liability for malfunction or failure of the Website is limited to correcting the issue at no cost, provided the user has not attempted any unauthorized modifications.
You indemnify the Company against any claim, loss, or damages arising from your use of the Website, breach of these Terms, or violation of third-party rights.
8. PRIVACY AND COOKIES
8.1 The Company is committed to safeguarding your personal information. For more information, please refer to our Privacy Policy and Cookies Policy.
8.2 Cookies are used to enhance your user experience. You can disable cookies via your browser settings; however, this may affect the Website’s functionality.
9. ELECTRONIC COMMUNICATIONS
By using the Website or contacting the Company electronically, you consent to receive electronic communications from the Company in accordance with applicable privacy laws.
10. COMPLIANCE WITH SECTION 43(1) OF THE ECTA
In compliance with the Electronic Communications and Transactions Act 25 of 2002, the following details are provided:
Company Name: SA BONSAI TREES AND ACCESSORIES (PTY) LTD
Registration Number: 2023/003573/07
Physical Address: SA Bonsai New Farm, 11 Acacia Ave, Dennydale AH, Westonaria, 1772
Telephone: +27 83 393 0188
Email: info@sabonsai.co.za
Website: www.sabonsai.co.za
11. LEGAL COMPLIANCE
Users agree to comply with all applicable laws and regulations when using this Website.
12. NOTICES
12.1 The Company selects the address provided in Clause 10.4 as its address for legal correspondence.
12.2 Notices sent by email shall be deemed received 48 hours after sending unless the sender is notified of delivery failure. Physical mail notices are deemed received after 7 days. All notices and communications may be sent electronically and considered “in writing.”
13. GENERAL
These Terms are governed by the laws of the Republic of South Africa.
Accessing the Website from outside South Africa is done at the user's own risk and responsibility.
If any part of these Terms is found to be invalid, the remainder shall remain enforceable.
The Company’s failure to enforce any right does not constitute a waiver.
You may not transfer your rights or obligations without written consent.
These Terms constitute the full agreement between you and the Company.