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RUGBY DYNAMIX | TERMS & CONDITIONS...
     
 

These Terms and Conditions shall apply to you and your use of the website:

RugbyDynamix.com and all subsidiary/ partnered web sites under the same ownership

Use of RugbyDynamix.com and all subsidiary/ partnered web sites under the same ownership bound you to the Terms and Conditions specified below. If you do not wish to abide by these Terms and Conditions, it is advisable that you do not make use of this web site or any subsidiary/ partnered web sites under the same ownership.

Where these Terms and Conditions are inconsistent with the Terms and Conditions that may be attached to any other agreement (oral or written, if applicable) these, Terms and Conditions shall prevail.

We may change these Terms and Conditions when necessary, so it is recommended you check these regularly. Your use of this site and/or any subsidiary/ partnered web sites under the same ownership shall be deemed an acceptance of the terms and conditions existing at that time.

To ensure we provide products and services that will guarantee your continued support, we welcome any suggestions you may have that will further enhance your experience of our web site/s. Please feel free to Contact Us if you would like to make any recommendation and if aligned with our long term goals, we will gladly consider and implement suggestions that we trust will meet feasible and sustainable objectives.

1. Definitions

"You" means you; the user of this web site/s and "your" shall be interpreted accordingly. "We/ us" means RugbyDynamix.com and subsidiary/ partnered web sites under the same ownership. "Our or us" shall be interpreted accordingly. "User information" means the personal details which may be provided by you to us via all/ any means (verbal, written, electronic etc.). "Users" means the users of this web site (and subsidiary/ partnered web sites under the same ownership) and/or individually as the context hereto. "Website/ site/ web page" means a site/ page on the Internet (World Wide Web).

2. Acceptable Use

You agree that any use by you of RugbyDynamix.com and subsidiary/ partnered web sites under the same ownership shall be in accordance with the following conditions:

2.1 You will not post or transmit any information in the form of defamatory, threatening, obscene, harmful, pornographic, spam or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive and always treat other users with respect.

2.2 You will not post or otherwise make available on this web site and subsidiary/ partnered web sites under the same ownership any material which you do not own without the express permission of the owner of the material.

2.3 You will not copy, download, reproduce, publish, frame, broadcast, transmit in any manner whatsoever, any material on our web site/s or any third party websites linked to this one, except as is strictly necessary for your own personal non-commercial home use or unless permission has been granted in writing by the relevant administrators of the web site/s concerned. Please note, for third party websites, their terms and conditions will prevail with regards to this clause.

2.4 You will abide by the specific rules of any competition, promotion or terms of service or sale that you participate in on or via RugbyDynamix.com and all/ any subsidiary/ partnered web sites under the same ownership or as per the terms and conditions of any third party website that we may be linked to.

2.5 You will not do anything that affects the operability or security of our or any other web site to which we may be linked or cause unreasonable inconvenience or offence or disruption to our staff or those of third party vendors linked to this site.

3. Third Party Web Sites & Vendors

3.1 You acknowledge and agree that we are not responsible for the availability of any third party web sites or material you access through the our web site/s.

3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such third party websites or material.

3.3 Any dealings whatsoever between you and any third party advertisers or merchants or web sites found on or via the RugbyDynamix.com and all/ any subsidiary/ partnered web sites under the same ownership, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant or third party vendor concerned. Therefore, we are not responsible or liable for any loss or damage of any kind which may be incurred as the result of any such dealings. Where you purchase or supply goods and/or services directly from/ to us, please refer to section 11 of these terms and conditions, which will only be applicable.

3.4 Although we cannot be held liable and will not take responsibility for any dealings with a third party vendors, we are willing to listen and action what we feel are necessary and relevant complaints issued in writing. If the plaintiff has a valid complaint as per our review or by legal process carried out by the plaintiff themselves (you, purely in their own capacity), we will carefully consider the removal of any third party web site/ vendor, which has been found wanting with regards to legal, unethical or other undesirable (according to our termination/ code of conduct, section 9 and Section 13 ) practices.

4. Intellectual Property

4.1 All copyright, trademarks, pending patents, patents and all other intellectual property rights in all material or content supplied as part of our web sites shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, publish, commercially exploit or create derivative works of such material or content. Branding/ logos are often protected by trademarks laws and if not, will still be considered protected under copyright laws, unless proven by law that you owned the relevant material before that copyright date of the currently accepted “owner/s”.

4.2 If you become aware of any such distribution or exploitation, you agree to notify us immediately. If not, you may be considered an accomplice to the use and/or exploitation of these materials/ intellectual property.

4.3 If you receive any confidential material or intellectual property in error, via any means, you may not use or assist a third party in making use of this material in any way possible. If you have or are aware of any material that may be considered confidential, that has been received by yourself or a third party, please report this to us immediately in writing and carry out the necessary instructions that will be provided. Otherwise, retain the materials concerned, keep confidential and make every attempt to return to the owner or if delivery of this material/s is not possible within reasonable time frames, destroy the originals and all/ any copies and confirm all actions carried out in writing to us.

4.3 You acknowledge that by posting materials on our web site/s, you grant us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials both within our web site/s and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.

5. Liability for and information provided by us

5.1 Material which is posted on any bulletin boards or chat forums is written by users and we are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by you and edit, refuse, or remove any content from our web site/s at our absolute discretion without any form of consent from the user. No failure to remove particular material constitutes an endorsement or acceptance of it by us. Please report any material that you feel may have been over looked and should be considered for removal from our site/s.

5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within our web sites, or for statements, advice and/or opinions made or given by users on our web sites (except as required by law). If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that user and not from us.

5.3 We will endeavor to provide our web sites using all reasonable care. Only if required by law, we will not be responsible or liable for the quality, accuracy or fitness for a particular purpose. We do not promise that the material contained on our website, or any of the functions contained here within or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material. We have taken all reasonable steps to ensure hassle free browsing and encourage you to be responsible by ensuring you have all the relevant hardware and software updates required to further guarantee the smooth running of your computer and protection against any form of harm that may occur.

5.4 We will be liable for any fraudulent misrepresentations we make and for any death or personal injury caused by direct negligence solely by us. We will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of using or in connection with your use of our web sites or products and services provided and/or manufactured by a third party vendor. Thus, we will not be liable or responsible to you for any misfortune that may have been suffered due the actions of any third party vendor linked to us. However, we will take the necessary action we feel is appropriate as mentioned above.

6. Privacy

6.1 We shall comply with all applicable data protection legislations where applicable in respect of any personal information relating to you gathered by us. If you are aware of any malpractice in accordance to the law, please notify us in writing and we will rectify them as soon as possible.

6.2 You may be asked to input information about yourself on different pages on our website. We will not use the information you provide to us for any purpose other than as stated at each location where such information is requested.

6.3 Please notify us in writing of any changes to the information you have previously given or if you wish to withdraw your consent to our using your user information for the stated purposes or for any form of promotional contact.

7. Safety

We give our ongoing commitment to ensuring that you can use our website with confidence. When using our web sites, you should always take the following precautions:

7.1 Keep your identity private (if posting information on bulletin boards or within chat rooms etc. – personal information to be provided at your discretion; treat with caution). Do not give out your full name, postal address, telephone number, e-mail address, the name of your school or any other information (other than that specifically requested by us), that could help someone discover your actual identity;

7.2 Never meet with someone you met online, unless in the care of your parents or if of the respective age (independent), take all necessary precautions and inform those close to you and only agree to meet in a “safe” public place. Consider taking a close friend/ partner or family member if you feel this is necessary - Rather be safe!

7.3 Do not reply to any messages that are hostile, rude or inappropriate, inappropriate, or make you feel uncomfortable in any way.

8. Indemnity

If you are a business user, you agree to indemnify us, and/or any of our affiliates and our or their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use our web sites or any dependent within your care.

9. Termination

9.1 We reserve the right to immediately terminate your use of our web sites if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.

9.2 Any information of personal/ contact/ customer details provided by us to a vendor or third party or obtained from us though various means may not be used in any form, to brand, advertise, or market though any means (directly or indirectly, suggestive, verbal or in any written or graphic form); unless our written consent has been granted accordingly. Failure to comply will be considered a beach in these terms and condition and all necessary action will be taken as per 9.1 and/or any legal form that may be at our disposal.

10. Supply of Information, Registration and Liabilities

Section 10 applies to visitors to our web sites in addition to the terms and conditions which precede and follow this section. Attention is drawn in particular to section 2 and section 5 above.

10.1 Registration

In order to participate in parts our website/s, registration is required. You must do this either by digital subscription where facilities have been provided or by contacting us in order to register as the primary user – online purchaser/ user or online supplier/ manufacturer (whichever is applicable to you). You can in certain circumstances, where facilitated, nominate guest users provided they are part of the same household or organisation and they consent and/or have been granted the relevant permission. To register as the primary user, you are required to provide us with accurate and complete details to which you will be bound. For digital subscriptions, you must also choose a user name and password. Any guest user you nominate must also provide a user name and password which must be different to that of the primary user where applicable.

It is your primary responsibility to ensure all/ any information provided to us or that needs to be updated, must either be done on your user account or sent to us in writing (whichever is applicable to you) when the relevant changes occur. Failure to do so will be your loss and we will not accommodate any form of negligence. These may include a number of examples as per the following: Change of address or contact details, change in pricing (manufacturers and suppliers), change in any relevant information that promotes the smooth processing of purchases, supply or distribution of products and services etc.

Any expense incurred due to incorrect information on registration or change of information provided either on your account or in writing will be for your account. We are aware that mistakes are made, but cannot be held responsible for poor or negligent information management and communication. Therefore, as a rule, errors will reside at your expense, but only in very special circumstances will exceptions be made. Please Contact Us if you are ware of a discrepancy and we will try our best to resolve it amicably for all parties concerned. Any delay or failure to inform us of “known errors” or neglect are less likely to given exception; these may also result in reimbursements including any additional fees to rectify the error and in extreme circumstances may even result in the suspension or even termination of our agreement.

10.2 User name and password

Where applicable, when choosing a user name, a minimum of 6 and a maximum of 40 alphanumerical characters must be used. URLs, Domain Names, underscores, full stops and any of the following characters -=[];'#,./!"£$%^&*()+{}:~<>? must not be used. The only exception and our recommendation is that you use your primary e-mail address to prevent any confusion for the future use of your account.

When choosing a password, it is advised that a minimum of 7 and a maximum of 25 characters including both alphanumeric characters and must be used without any spaces. It is advisable not to use obvious dictionary words (e.g. password or consecutive numbers or letters or obvious personal information such as children's name, pet's names or date of birth etc.). A password should not be the same as the username, name or email address and should not be re-used when choosing a new password.

Each registered user is responsible for the security and proper use of their user name, password and user account and must never disclose any of this to a third party. It is each registered user's responsibility to change their password immediately if they believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised. Please ensure you take all necessary precautions to protect your account details and user account as you may be held liable for any misconduct on your account that may have occurred where there is no substantial evidence that it was not your “wrong doing”.

10.3 Termination or suspension

We may suspend or terminate a user's account if these terms and conditions are breached as per the details here enclosed or governed by law.

11. Payment Terms and Guarantees

11.1 All payment requirements will be specified and must be met before any form of transfer (products or services) is processed. Please ensure you abide by all payment terms to avoid any delays and/or disappoint. If you are unsure of any terms or processes, it is your responsibility to ensure that you have obtained and fully understand all the necessary requirements applicable. Failure to do so may result in delays, undelivered products and/ or services, termination of a purchase or sale or in some circumstances financial loss on your account.

11.2 Failure to meet the specified payment terms as per the time frames provided could also result in suspended or terminated accounts.

11.3 Deposits and/or full payment (non-refundable on the start of production) as specified must be made before the processing a sale or the fulfillment of a service. Continuation or an extension of a service (i.e. monthly advertising) must be paid as soon as possible. Failure to do so within three working days of the due date will result in a penalty fee and failure to make full payment within 15 days (consecutively) after the due date will result in the suspension of your account and the removal of all/ any relevant information at our discretion. A re-activation fee will also be charged for suspended and/or terminated accounts; in the case of terminated accounts, applicants may re-apply for a particular service/s at our discretion, but will have to make all future payments upfront before benefiting from the service.

11.4 In the case of providing a product and/or service from a manufacturer/ supplier or service provider to a customer (purchaser), all payment terms (deposits etc.) must be met before further action can be taken for the manufacture and/or delivery of a product or service. Only once payment of the relevant amounts has been received, will the order/ request be processed.

11.5 Only on confirmation of delivery and to the satisfaction of the customer will the outstanding amount be paid to manufacturers/ suppliers, less commission and other relevant fees and/or deductions. This is to ensure exemplary customer service and products of the highest quality and will guarantee that we and our manufacturers/ suppliers strive to offer our customers the best they deserve.

11.6 Delays, insufficient product quality, lack of service delivery or failure to meet the required standard expected from our customers (purchasers) and ourselves, due to the manufacturer/ supplier performance or negligence may result in penalties being incurred or loss of revenue which will be for the manufacturer's/ supplier's account. Gross lack of performance and/or negligence may also result in the suspension or termination of the agreement.

11.7 Incorrect requests for products and/or services from you (or your organisation) will be at your own expense. This will include any alterations to an order request including product re-ordering, product alterations, “approved” printing errors on customised products, product/ service amendments, returns/ delivery costs, fees and any other additional costs that have been incurred outside the scope of the quoted/ invoiced amount – Original agreement etc. For non-customised products, returns may be possible on agreement with the manufacturer/ supplier and as per their terms and conditions.

11.8 Errors, poor product quality, lack of service delivery etc. of which is the fault of the manufacturer/ supplier, will be amended by and charged to their account in order to rectify all/ any defaults. Product and service guarantees are as per the manufacturer/ supplier's terms and conditions and we can only guarantee the product/ service up until full payment has been paid. Thereafter, any defaults within the warranty timeframe are to be handled accordingly by the manufacturer/ supplier. We cannot be held liable for any refund or re-imbursement after full payment has been made. However, we will make every effort to ensure your complaint is resolved quickly and effectively. Continuous poor performance or any one instance of gross negligence may result in us either suspending or terminating a manufacturer/ supplier's account at our own discretion and communicating this to our customer/s concerned.

11.9 Any payment dispute between us, the manufacturer/ supplier or purchaser (customer), will be resolved as per the invoiced amount and/or as per any resolution that has been reached by all parties concerned. If no resolution has been reached within a reasonable timeframe, it will be at our sole discretion to resolve the matter in whichever way we feel is fair and ethical. If any unforeseen delays are caused by the offending party concerned, they will be liable for all/ any additional fees, loss of revenue and payments that need to be made in order to have the outstanding matter resolved.

12. General

12.1 Invalidity

If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.


12.2 Governing Law

These terms and conditions and the RugbyDyanmix.com site are governed by South African law. Disputes can be dealt with by the South African courts.


12.3 Third Party Rights

These terms and conditions apply between us and users. No other person is entitled to benefit under these terms and conditions.

13. Code of Conduct

13.1 RugbyDynamix.com strives to provide products and services of superior quality at competitive prices. In saying this, we believe all business is to be conducted within the law while also adhering to moral and ethical standards. Anyone failing to honor this will be considered an unsuitable candidate to manufacture/ supply to, render the services of, purchase or benefit from our web site/s. We would only like to conduct business with individuals or organisations that strive to live by these moral codes and would rather not be involved with those whom do not consider these important.

14. Feedback

Should you wish to make any comments regarding our web site/s or if you have any related queries, please Contact Us.

14.1 How to contact us

If you have any queries or concerns, please Contact Us (Click here).

 
     
     
 
 
 
 

 

 
 
 

 

 

 

 
 

 

 

   
       
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