Website Terms Of Use For The Hope Factory

The Hope Factory, VAT number 4960216531, 7 Zulberg Close, Bruma Lake, 2198 ("Hope Factory")

Please read these terms carefully as use of this website constitutes acceptance of these terms and conditions

  1. Use of the website
    1. These terms of use ("Terms") will govern your use of the Hope Factory's website located at www.thehopefactory.co.za ("the Website").
    2. By accessing, viewing and/or using the Website, you confirm that you have read and understood these Terms and that you agree to be bound by them. If you do not wish to be bound by the Terms, you may not access or use the Website.
  2. Goods referred to on the website
    1. The Hope Factory's goods are described on the Website. Should you wish to purchase any products from the Hope Factory, such purchases will be subject to separate additional terms and conditions. The terms governing the purchase of any goods may be viewed at The Hope Factory Terms of Sale.
  3. Links to other websites
    1. Should the Website contain any links to other websites, these links are provided for convenience only and shall not be regarded as an endorsement by the Hope Factory of those websites, their owners or any information provided on those websites. To the extent allowed by law, the Hope Factory has no control over the information and content of third party websites and is not responsible for them.
    2. The Hope Factory will not be liable, to the extent allowed by law, for any damage or loss, of whatsoever nature and howsoever cause, that you may suffer as a result of accessing such websites from this Website.
  4. Website content
    1. The information on or accessible from this Website is intended and produced for general information purposes only and is not intended to constitute and to the extent allowed by law, should not be relied upon as specific advice of any kind.
    2. In addition, the information contained on the Website may contain errors or inaccuracies, may be incomplete and/or out of date, so, to the extent allowed by law, you should confirm with the Hope Factory's sales department regarding the accuracy of any information.
    3. While the Hope Factory makes every effort to ensure that the information on the Website is accurate and free from errors, the Hope Factory expressly does not, to the extent allowed by law, make any warranty, representation or guarantee as to, without limitation, the quality, accuracy or fitness for purposes of any information, nor accept any responsibility, for any erroneous, inaccurate, omitted, outdated or any inconsistent information on the Website.
    4. To the extent allowed by law, the Hope Factory also expressly does not warrant or represent that the Website will be free from, without limitation, technical faults, malfunctions, interruptions, downtimes, errors and/or viruses or other harmful components and accepts no responsibility for any losses arising from any of these. You are encouraged to notify the Hope Factory of any such defects, errors or omissions on the Website.

    This clause limits and excludes obligations, liabilities and legal responsibilities which the Hope Factory will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

  5. Warranties and liability To the extent allowed by law, you agree that the Hope Factory shall not be liable to you or any other person or entity whatsoever in respect of (and you and any such person or entity shall have no claim against the Hope Factory and you hereby indemnify and hold the Hope Factory free from liability in respect of) any loss or damage:
    1. caused by or arising from any fact or circumstance beyond the reasonable control of the Hope Factory;
    2. which is consequential or incidental loss or damage; and/or
    3. of whatever nature and howsoever arising from or in connection with the use of the Website.

    This clause limits and excludes obligations, liabilities and legal responsibilities which the Hope Factory will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

  6. Indemnity
    1. To the extent allowed by law, you hereby indemnify and hold the Hope Factory free from liability for loss or damage of whatever nature and howsoever arising from your use of this Website and/or your failure to comply with any provision and/or obligation under these Terms.

    This clause constitutes an assumption of risk and/or liability by you under which you indemnify The Hope Factory against certain liability, and may result in you being liable for additional costs and liability.

  7. Copyright and intellectual property rights
    1. The Website may contain and consist of works in which intellectual property rights exist, including, without limitation, trade marks, literary works and artistic works. Such intellectual property rights belong to the Hope Factory, its affiliates or any third party owners of such rights and nothing in these Terms or on the Website constitutes an assignment of or licence to use any such intellectual property. All rights in and to the intellectual property are reserved and retained by its respective owners.
    2. You may not copy, reproduce, download or otherwise use any intellectual property in any manner whatsoever for any commercial purposes without the relevant owner's prior written consent.
    3. You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise, to the Website, or any pages of the Hope Factory's affiliates, without the prior written consent of the Hope Factory.
  8. General
    1. These Terms shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as applied and interpreted in the Province of Gauteng shall prevail. The parties consent to the non-exclusive jurisdiction of the South Gauteng High Court in respect of any proceedings arising out of or in connection with this agreement.
    2. Any provision in these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this agreement shall, as to such jurisdiction, to the extent of such prohibition or unenforceability, be ineffective and treated as having not been written (ie pro non scripto) and severed from the balance of this agreement, without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
    3. In the event of any complaint or queries relating to this Website, you may contact the Hope Factory on the following:
      011 621 6689 / pamelan@saica.co.za
  9. Consumer protection act
    1. Nothing in these Terms:
      1. limits or exempts the Hope Factory from liability for loss arising from death or personal injury to you caused by any act or omission of the Hope Factory or any loss directly or indirectly attributable to the gross negligence of the Hope Factory or any person acting for or controlled by The Hope Factory, to the extent that the law does not allow this; nor
      2. requires you to assume risk or liability for this kind of loss (including under an indemnity), to the extent that the law does not allow this.
    2. In these terms and conditions, "Consumer Protection Act" means the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time. If these Terms and/or any goods or services provided under these Terms are regulated by the Consumer Protection Act, it is not intended that any provision of these Terms contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

These terms were most recently updated on 6 june 2011.