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WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY (Date of last amendment: 2 April 2014)

Please note: The following is a short version of the Terms and Conditions. For the full Terms and Conditions, please click here or on the following link to view and/or download it:

Sissy Boy - Website Terms and Conditions

The following provisions are drawn to the attention of the user if the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these Terms and Conditions (as defined below):

- clause 4.3 of these Terms and Conditions contains a provision in terms whereof the user warrants and undertakes that the information supplied during the registration process is true, accurate and correct and indemnifies Sissy Boy, its directors, shareholders, employees, contractors, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by Sissy Boy, its directors, shareholders, employees, contractors, suppliers, partners, affiliates or agents in connection with a breach by the user of such warranty and undertaking. The effect of this is that the user could become liable to compensate Sissy Boy, its directors, shareholders, employees, contractors, suppliers, partners, affiliates and/or or agents if any such party becomes liable pursuant to a breach by the user of the warranty and undertaking furnished by the user in terms thereof;

- clause 8.5 of these Terms and Conditions contains a provision in terms whereof Sissy Boy, its directors, shareholders, employees, suppliers, contractors, partners, affiliates and agents exclude liability for any damage or loss occasioned on or subsequent to delivery of the goods to the user as a result of a breach by the user of such clause. The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

- clause 8.7 of these Terms and Conditions contains a provision in terms whereof risk in the products will pass to the user on delivery of the products to the user (subject to any provision in the CPA that provides for a particular party to bear the risk in the products at any particular time - to the extent that the CPA applies to the transaction in question with the user). The effect of this is that the user will assume risk in respect of the product(s) ordered from Sissy Boy with effect from the delivery thereof to the user;

- clause 15.2 of these Terms and Conditions contains a provision in terms whereof Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents exclude liability for any error or inaccuracy appearing in any advertising or sponsorship material on this Website. The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

- clause 16.3 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom (including any Offers and/or Orders). The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

- clause 16.4 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, this Website in any manner. The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

- clause 16.5 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents accept no liability whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features. The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;

- clause 16.6 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Sissy Boy, its directors, shareholders, agents and employees accept no liability for the quality of any products of third parties delivered, or for any typographical errors in the descriptions of any of the products of such third parties. The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees and agents in the circumstances referred to therein;

- clause 16.9 of these Terms and Conditions contains a provision in terms whereof neither Sissy Boy nor any of its directors, shareholders, employees, servants, subcontractors, partners, subsidiaries or affiliates accept liability for any losses in the event that any Offer or Order (as the case may be) cannot be made by a user or confirmed by Sissy Boy (as the case may be) on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason. The effect of this is that the user may have limited or no recourse against Sissy Boy, its directors, shareholders, employees and agents in the circumstances referred to therein;

- clause 17.1 of these Terms and Conditions contains a provision in terms whereof the user indemnifies and holds harmless Sissy Boy, its directors, shareholders, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this Website, third party websites or any of the products and/or services offered or ordered through such sites in any way. The effect of this is that the user could become liable to compensate Sissy Boy and/or its directors, shareholders, employees, servants, subcontractors, partners, subsidiaries and/or affiliates if any such party becomes liable pursuant to the provisions of this clause;

- clause 17.2 of these Terms and Conditions contains a provision in terms whereof the user indemnifies and holds Sissy Boy harmless from any direct or indirect liability, loss, claim or expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions. The effect of this is that the user could become liable to compensate Sissy Boy if it becomes liable pursuant to the provisions of this clause;

- clause 17.3.1 of these Terms and Conditions contain a provision in terms whereof the user indemnifies Sissy Boy and holds it harmless from any direct or indirect loss, damage, expense or liability suffered by the user by virtue of the user not adhering to, or using the products contrary to, any specific advice or instructions provided by Sissy Boy to the user in relation to the products. The effect of this is that the user may have limited or no recourse against Sissy Boy in the circumstances referred to therein;

- clause 17.3.2 of these Terms and Conditions contain a provision in terms whereof the user indemnifies Sissy Boy in respect of any claim against Sissy Boy by any third party under section 61 of the CPA, by virtue of such third party not adhering to, or using the products contrary to, any specific advice or instructions provided by Sissy Boy to the user in relation to the products. The effect of this is that the user could become liable to compensate Sissy Boy if it becomes liable to any such third party in the circumstances referred to therein;

- clause 20.12 of these Terms and Conditions contain a provision in terms whereof, in the event of the user failing to pay any amount timeously or breaching the terms of these Terms and Conditions, the user assumes liability for any legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by Sissy Boy arising therefrom. The effect of this is that the user could become liable to compensate Sissy Boy if it becomes liable pursuant to the provisions of this clause.


Please download the PDF to see the rest of our Terms and Conditions in full

PDF: Sissy Boy - Website Terms and Conditions
 

 

 
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