Terms and Services
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Terms and Conditions of Use
Age Restriction: This clause serves to confirm that the website is intended for use by individuals who are 18 years of age or older. By accessing and using the website, users confirm that they are 18 years of age or older and that the products available on the website are suitable for private consumption by individuals who are 18 years of age or older. This clause can also be used as a defense in the event that someone under the age of 18 accesses the website and purchases products that are not suitable for their age group.
User Responsibility: This clause serves to shift the responsibility of ensuring that the products purchased on the website are legal and suitable for the intended use to the user. The owner of the marketplace and the vendors are not responsible for any illegal or inappropriate use of the products by the user or any third party, so it is important for the users to be aware of their responsibilities before using the platform.
Disclaimer of Liability: This clause serves to exclude the owner of the marketplace and the vendors from any liability for damages, losses, or expenses that may arise from or in connection with the user’s access or use of the website, or their purchase of any products from the website. This includes, but is not limited to, direct, indirect, incidental, special, or consequential damages.
Indemnification: This clause serves to protect the owner of the marketplace and the vendors from any claims, damages, losses, expenses, or costs that may arise from or in connection with the user’s access or use of the website, or their purchase of any products from the website. In this clause, the user agrees to indemnify, defend, and hold harmless the owner of the marketplace and the vendors from any such claims.
Governing Law: This clause serves to specify that the laws of the Republic of South Africa will govern the interpretation and enforcement of these terms and conditions. This means that any disputes or matters arising under or in connection with these terms and conditions will be governed by South African law.
Jurisdiction: This clause serves to specify that the parties (the owner of the marketplace, the vendors, and the users) submit to the exclusive jurisdiction of the courts of South Africa in respect of any dispute or matter arising under or in connection with these terms and conditions. This means that any disputes will be resolved in South African courts.
Severability: This clause serves to provide that if any provision of these terms and conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced. This means that if any part of the terms and conditions is found to be invalid or unenforceable, it will not affect the enforceability of the remaining provisions.
Entire Agreement: This clause serves to confirm that these terms and conditions constitute the entire agreement between the user and the owner of the marketplace and the vendors regarding the user’s access and use of the website and their purchase of any products from the website. This means that these terms and conditions supersede any prior agreements or understandings between the parties regarding the subject matter of these terms and conditions.