ERICOMUSA TERMS AND CONDITIONS
Welcome to the Ericomusa Website. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website. We provide our services to you subject to these Terms and Conditions. By using our Website in any way, you shall have be deemed to have accepted the Terms and Conditions herein contained. In addition, when you use any Ericomusa ancillary service, such as Customer Reviews, you will also be subject to these Terms and Conditions and the rules, guidelines and policy applicable specific to such service, which is incorporated herein by this reference. Ericomusa reserves the right to change this Website and its Terms and Conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the Terms and Conditions unconditionally. You must not use this Website if you are not in agreement with the Terms and Conditions. If indeed any aspect of these Terms and Conditions is not understood it is your obligation to contact Ericomusa to explain same to you before you accept the Terms and Conditions by using the Website.
You represent and warrant that you are at least 18 years old or visiting this Website under the supervision of a parent or guardian. Subject to these Terms and Conditions, Ericomusa hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website. Usage will be for no other commercial use or any use on behalf of any third party, unless explicitly permitted by Ericomusa in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without any notice to you.
Unless explicitly permitted in writing, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion thereof. You may also not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of any another business. In the event of a breach of these Terms and Conditions or any customer conduct that violates applicable law or threatens or harms the interests of Ericomusa, Ericomusa reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion.
You are prohibited from uploading, distributing or otherwise publishing any information or content through or via this Website which (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under South African or international law; or (c) includes any robots, bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Ericomusa will require you to register and will assign you a password and username to enable access and usage of certain functions on the Website. Every time you log on and use the Website using your password and username, you will unconditionally be deemed to be accessing and using the Website in a manner consistent with these Terms and Conditions. You agree and warrant that your username and password shall be used for personal use and will not be disclosed to any Third Party. There is no obligation on Ericomusa to investigate the authorization or source of any such access or use of the Website.
You are solely responsible for all access to and use of this site by anyone using your log on credentials, password and username, even if such individual access is not authorized by you or fraudulent. This includes, but is not limited to all communications, transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or usage. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Ericomusa of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security. Upon registering you will automatically on our default setting receive all of our newsletters, information about products and sales on an ad hoc basis. In the event that you do not wish to receive the same, please unsubscribe by using the link available on any of our newsletters and communications sent to you or adjust your personal subscribe setting upon logging onto your registered profile.
REVIEWS AND COMMENTS
Save for the exceptions identified in these Terms and Conditions, any personal usage, submission, post to the Website or feedback provided to Ericomusa, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and by submitting or posting same, you hereby agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Ericomusa free of charge. Ericomusa shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Ericomusa and you hereby agree to relinquish any and right that may exist therein, waiving any entitlement to raise a dispute arising therefrom.
You warrant by usage of this Website and conduct of acceptance of these Terms and Conditions that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Ericomusa assumes no liability for any misuse of copyright or any other rights of third parties by you in the making of any Submissions. You hereby indemnify Ericomusa against any loss that may be sustained arising from your Submissions.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Ericomusa the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Ericomusa will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Ericomusa or third parties as to the origin of any Submissions or Content. Ericomusa may in its discretion remove or edit any Submissions made by you (including comments or reviews) for any reason whatsoever, but is under no obligation to do so.
All material, text, graphics, data, software, photographs or other images, button icons, audio clips, logos, slogans, trade names, advertisements, service marks and other contents on display on the Website of Ericomusa (collectively, “Website Content”), are protected by law and belong exclusively to Ericomusa or its appropriate content suppliers. You will not acquire any right, title or interest in or to the Website or the Website Content. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Website Content or otherwise dispose of any of the Website Content in any way, unless expressly permitted in writing by Ericomusa to do so. The use of data mining, robots, or similar data gathering and extraction tools on Ericomusa as well as the use of Ericomusa trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Website Content only for your personal information and for shopping and ordering purposes on the Website and for no other reason or purpose. The collection, arrangement, and assembly of all Website Content on this Website (the “Compilation”) belongs exclusively to Ericomusa. You may not use Ericomusa’s Website Content or Compilation in any manner that disparages or discredits Ericomusa or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the “Software”) is the property of Ericomusa and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Ericomusa. Violators will be prosecuted to the full extent of the law. In addition, should any of the Website Content belong to any Third Party Supplier, your rights of use will also be subject to any Terms and Conditions that the licensor or third party imposes from time to time.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
It is the policy of Ericomusa to take appropriate action where necessary to uphold and recognize all relevant laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Ericomusa sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to firstname.lastname@example.org .
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website (e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Ericomusa may, without prior notice to you, immediately terminate your account and revoke any or all of your rights. Upon such termination you shall immediately cease all access to and usage of the Website and Ericomusa shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you, denying you access to and use of this Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
ERICOMUSA DISCLAIMS LIABILITY FOR ANY DAMAGE, LOSS OR LIABILITY, WHETHER DIRECT, INDIRECT OR WHETHER SUCH DAMAGE IS CONSEQUENTIAL IN NATURE, ARISING OUT OF YOUR USAGE OF THIS WEBSITE. ALL PRODUCTS FOR SALE AND ADVERTISED ARE SOLD “AS IS” WITHOUT FURTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, UNLESS OTHERWISE PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ERICOMUSA DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERICOMUSA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERICOMUSA’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ERICOMUSA DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO ERICOMUSA’S LIABILITY.
Registered users may order on this Website. Ericomusa reserves its rights to cancel any order at its sole discretion for any reason, which will include, inter alia, unavailability of stock, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will in this event, contact you if all or any portion of your order is cancelled or if additional information is required to fully accept your order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer
Ericomusa strives to provide accurate product and pricing information, pricing or typographical errors do however occur. Ericomusa cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Ericomusa shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Ericomusa may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
These conditions are governed by and construed exclusively under South African law without regard to conflicts of laws principles.
You hereby nominate the address specified on your goods order form for delivery as your nominated address, which you may change to any other address on 7- days’ notice to Ericomusa.
Ericomusa nominates as its address for service of all notices and formal correspondence as_____________________.
All notices will be sent by hand, prepaid registered post, which will be deemed to have been received 10 days after posting or by email on the date indicated in the “read receipt”. All email communications between you and Ericomusa must make use of the read receipt function.
You agree that Ericomusa’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Ericomusa shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Ericomusa may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
Ericomusa respects your privacy and will take all reasonable measures to protect the same. We will require personal information upon registering as a user, should your personal information change please update your personal information so as to enable us to provide a full service. You may not impersonate any person or otherwise miss-represent your affiliation with anyone or anything. We will not share your personal information without your express consent save or unless compelled to do so by law.
The use of this Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
Any views or statements made or expressed on the Website are not necessarily the view of Ericomusa, its Directors, agents and/or employees.
You hereby indemnify Ericomusa against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party Website.
These Terms and Conditions contain the whole agreement between you and Ericomusa and no other warranty or undertaking is valid, unless contained in this document between the parties.
For purposes of the ECT Act, Ericomusa’s information is as follows, which must be read in conjunction with its product descriptions and other Terms and Conditions as contained on this Website:
Main Business: online retailer
Physical address for receipt of legal service: