Terms and Conditions
Terms and Conditions
- General T&C's
Welcome to the Website at www.dannyhome.co.za. The Website is made available by, CYA Global (Pty) Ltd ("Danny Home", "we", "us" or "our"). This Website provides you with the information contained on this website, subject to these terms and conditions. By accessing and using the website, the user agrees to be bound by the terms and conditions set out in this legal notice. These Terms are binding and enforceable against a user that has registered on the Website, by clicking on the Register button, as may be applicable the user acknowledges that they have read and agree to be bound by these Terms.
These Website Terms and Conditions ("Terms") governs the advertising and of an extensive range of services, goods and products online including homeware, ect. ("Products") as may be offered by Danny Home on the website from time to time.
If
there is any provision in these Terms that you do not understand, it
is your responsibility to ask Danny Home to explain it to you
before you accept the Terms or continue using the Website. Danny Home permits the use of this Website subject to these Terms. By
using the Website in any way, you shall be deemed to have accepted
the Terms unconditionally. You must not use this Website if you do
not agree to the Terms.
Whilst every effort is made to update the information provided on the Website on a regular basis, Danny Home makes no representations or warranties, whether express, implied by law or residual, as to the accuracy, completeness, or reliability of any information, data or content on the Website from time to time.
Danny Home reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and information, data and or content on the Website.
Danny Home has taken all reasonable steps to ensure that each product described or depicted on this website and any other information displayed on the website is current, complete and accurate. However, content errors may occur. For this reason and if the law allows it, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy. We have made every effort to accurately display the goods specifically with regard to their colour and description. Some descriptions or photographs of products and packaging may be of a generic nature and not particularly the specific product you wish to buy. Please remember however that the colours that you see will depend on the device which you are using to access our website and we cannot guarantee that the goods when purchased in store will be the exact same colour as you have seen it. If you are uncertain about information on a product advertised on this website, please send an email to [email protected] and we will gladly assist you.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any, and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
You agree that all instructions, consents and other communications which purport to originate form you or a person who has authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming)(collectively “the originator”) and which are sent to Danny Home electronically and which may (as such result of interception, equipment, malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Danny Home, and you will be bound by such instruction with no liability of whatever nature attaching to Danny Home in regard thereof.
You waive any rights that you may have obtained against Danny Home arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as result of the fact that Danny Home acts on your instructions/order or instructions/order purported to emanate from you an you indemnify Danny Home against all and any claims, liabilities, losses, cost, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Danny Home has acted on your instructions/orders or instructions/orders which purported to emanate from you.
The use of this Website is at the viewer's risk or liability and may limit the risk or liability of Danny Home or third party. The user indemnifies Danny Home or a third party and holds the Provider harmless/ free from liability against any loss, injury or damages which may be sustained as a result of using the products advertised on the Website.
You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, phonographic or violates any applicable law and you hereby indemnify Danny Home against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Danny Home or any third party may suffer which is caused by or attributable to, whether direct or indirect, your use of the Website to send or post any message or material as foresaid.
By accessing or using the Website, you agree to be bound by these Terms, Danny Home may at any time modify these Terms and such modification will supersede and replace any previous Terms.
The amended terms will be made available on the Website and each time that you access the Website and or use the Products of Danny Home, you agree to be bound by these Terms, as may be modified from time to time.
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
By accessing the Website, you warrant and represent to Danny Home that you are legally entitled to do so. If you are younger than 18 years of age, you warrant that you have the consent of your legal guardian to view the website of Danny Home or that you have obtained legal status in another manner.
Further to the provisions of our privacy and security policy, whilst we do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of gross negligence. If you disclose your personal information to a third party, such as an entity which operates as a website linked to this Website or anyone other than Danny Home, Danny Home shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We may in our sole discretion at any time suspend or terminate the operation of the Website, without prior notice to you and without the need to give you reasons for such termination. You agree that Danny Home will not be liable to you in the event that it chooses to suspend or terminate the Website.
In addition to the disclaimers contained elsewhere in these Terms, Danny Home also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of virus, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any way. You accept all risk associated with the existence of such virus, destructive materials or any other data or code which is able to corrupt , compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risk arise due to the gross negligence or wilful misconduct of the company, its employees, agents or authorized representatives. Danny Home thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use the website.
Danny Home does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Danny Home that you are legally entitled to do so and to make use of the information made available via Website.
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. 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 Provider. The license 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 Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Danny Home nor any holding company, affiliate or subsidiary of Danny Home , shall be held responsible for any direct or indirect, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website.
Save as set out in the terms, Danny Home makes no warranties, representations, statements or guarantees (whatever express, or implied in law or residual) regarding the Website and the Products. The Website and the Products made available via the Website are provided "as is".
Neither Danny Home or its directors shall be responsible for and disclaims all liability for loss, liability, damage (whether direct or indirect or consequential) and or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, direct or indirect, to your access and use of the Website and or any information contained on or via the Website and or your use of the Products. Without limiting the generality of the aforegoing, neither Danny Home nor its directors shall be liable for any failure and or unavailability of the Website for any reason whatsoever and or the failure/delay by any third-party service provider to render any services which are necessary to ensure that the availability of the Website.
You
hereby indemnify Danny Home or its directors against any loss,
liability, damage (whether direct or indirect or consequential) or
expense of any nature whatsoever which may be suffered by you or any
third party as a result of or which may be attributable directly or
indirectly to the aforesaid. Notwithstanding anything o the contrary
contained herein, Danny Home shall not be liable for any direct or
indirect contingent or consequential loss (including but not limited
to loss of business, loss of data and or loss of profit) incurred or
sustained by you or any third party howsoever arising in respect of
your use of or reliance of any information offered on or via the
Website and or use of Products.
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Danny Home and the User with regard to the use of the Content and this Website.
Country of domicile This website is governed by the laws of South Africa and Adams Discount chooses 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.
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. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Customer Privacy policy Danny Home 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/attachment.php?aa_id=3569
External links may be provided for your convenience., but they are beyond the control of Danny Home and no representation is made as to their content. Users or reliance on any external links provided is at your own risk. When visiting external link, you must refer to external terms and conditions of use. You may not link this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Danny Home.
When visiting the external links, you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Danny Home.
Without detracting from the provisions of the terms and conditions, the Terms constitute the sole record of the agreement between you and Danny Home in relation to your use of this Website. No indulgence or extension of time which either you or Danny Home may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.
Should Danny Home be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Danny Home is so prevented from fulfilling them and your corresponding obligations shall be deemed to have been suspended to the corresponding event. In the event that the force majeure continues for more than fourteen days after it has first occurred then Danny Home shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to you. An "event of force majeure" shall mean an event or circumstance whatsoever which is not within the reasonable control of including, without limitation, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of an external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
For the purposes of calculating time periods GMT +2 shall be used. These Terms and conditions shall apply to all transactions you conclude via this Website. Danny Home shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
A certificate issued by an administrator of this Website shall constitute Prima facie proof of any fact related to this Website, including but not limited to which version of these Terms govern a particular dispute and what shall content was published, or functionality was available on the Website at a specific point in time. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
The
deeming provisions of the ECT Act are excluded to that no messages
shall be deemed to have been received by us unless we acknowledge
receipt thereof in writing. This does not detract from the fact that
if you submit an order more than once you may have concluded a double
transaction for which you will be liable and that a transaction will
only be deemed to have been concluded between you and Danny Home on
delivery/collection of the product or service.
Disclosures
required in terms of section 43 of the Electronic Communications and
Transactions Act 25 of 2002
Full
Name: CYA Global (Pty) Ltd T/A Danny Home
Physical Address: 134
Industrial Road, Amalgam Ext 1, Johannesburg, South Africa
Telephone
Number: 011830 1145
Whatsapp Number: 072 354 7361
Website Address:
www.dannyhome.co.za
Email Address: [email protected]
Registration Number: 2012/041046/07
Vat Registration Number:
4790282901
Country of Incorporation: South Africa
Physical Address
for receipt of service 134 Industrial Road, Amalgam Ext 1,
Johannesburg, South Africa.