WEBSITE AND ONLINE SHOPPING TERMS AND CONDITIONS ("TERMS")

THESE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE WEBSITE (AS DEFINED IN SECTION 1 BELOW) CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF RUSTIQ AND IMPOSES LEGAL OBLIGATIONS ON YOU.  BY USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS.  IF YOU DO NOT AGREE, PLEASE REFRAIN FROM USING THE WEBSITE OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE AVAILABLE ON IT.  PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF PARAGRAPHS 16, 19, 20 AND 21.  IT IS SUGGESTED THAT YOU PRINT A COPY OF THESE TERMS AND KEEP IT FOR YOUR RECORDS.

  1. GENERAL
    1. When accessing the website rustiq.co.za (the "Website"), you enter into a legally binding contract with Rustiq Proprietary Limited upon the terms of these website and online shopping terms and conditions ("Terms"). Rustiq is a private company incorporated in the Republic of South Africa with registration number 2016/456804/07and whose registered office is at 44 Hamilton Avenue, Craighall Park, Randburg, Gauteng, 2196(hereinafter referred to as "we" or "us" or "our").
    2. These Terms apply to all visitors to the Website, including, but not limited to members of the public or legal entities accessing the Website for information purposes, members of the public or legal entities using this website for online shopping purposes to purchase Goods (as defined below) online, and/or for purposes of submitting comments, feedback and/or any other material or data as may be permitted by us from time to time ("Content"), web search engines and data and/or information aggregators ("users" or "you" or "your").
    3. Your access to and/or use this Website and/or purchase of Goods from us online is subject to these Terms.
    4. These Terms and the other policies posted on the Website (including but not limited to the privacy policy) constitute the complete and exclusive understanding and agreement between you and us and govern your use of and/or access to the Website and/or your purchase of goods online using this Website, and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between us shall be governed by the laws of the Republic of South Africa and we choose as our domicilium citandi et executandi for all purposes under this agreement, the address specified in paragraph 1 above. You and we agree to submit to the personal and exclusive jurisdiction of the courts located in Johannesburg. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
  2. ACCEPTANCE
    1. As stated in BOLD at the top of these Terms and in paragraph 1 above, by accessing the Website and/or purchasing Goods online using this Website, you agree to be bound by these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with us or the Website, please refrain from using the Website and contact us using the contact details provided in paragraph 26
    2. These Terms may be updated by us at any time in our sole discretion. We may send you notice of changes to the Website or the Terms.
  3. ONLINE PURCHASE OF GOODS
    1. The Website serves as the platform allowing you to purchase amongst others, clothing and furniture (collectively hereinafter referred to as "Goods").
    2. You agree that if you purchase Goods online using the Website, that we may invoice you electronically for such Goods purchased.
    3. Prior to your first purchase of Goods online you will be requested to choose a username and password. You will be required to complete your username and password each time that you purchase Goods using the Website and you accept full responsibility for keeping your username and password private. We accept no responsibility or liability for any damages that you may suffer, or any losses that you may incur from the unauthorized use of your username and password.
    4. All Goods displayed on the Website are subject to availability.
    5. If any Goods ordered by you are not available immediately or not available at all, we will advise you as soon as reasonably possible and to the extent that such Goods are not available at all, we will refund you the purchase price of the Goods within 30 (thirty) days of payment being received by us.
    6. The Goods displayed for purchase on this Website are only available for delivery in South Africa and to South African customers.
    7. The prices for Goods indicated on the Website are in South African Rands, are only valid and effective in South Africa and are subject to change without prior written notice.
    8. Descriptions of Goods are provided in good faith and based on information received from suppliers and manufacturers where applicable. We have made every effort to display the Goods accurately, however please note that the colours that you see may vary depending on the device which you are using to access the Website and we cannot guarantee that the Goods will appear exactly same as displayed on the Website. In respect of furniture items please note:
      1. there may be shade or grain variations in respect of furniture comprised of natural products such as wood and leather; and
      2. furniture may not be uniform in colour and texture and may show natural marks depending on the type of natural product it is comprised of.
    9. We reserve the right to reject orders in respect of Goods if there has been a material error as to the price or description of the Goods on the Website, if we do not have stock to fulfill the order, if your payment was not authorised, if we are unable to deliver the Goods to your chosen delivery address and/or you have not complied with these Terms.
  4. DELIVERY OF GOODS
    1. Goods purchased shall be delivered to your door by Dawn Wing (a division of DPD Laser Express Logistics (Pty) Ltd) ("Dawn Wing"), or any other courier company, to which we have outsourced delivery of the Goods. Delivery is only possible within South Africa and the ability to deliver will be subject to the availability of the Goods, the supply of an accurate delivery address and the provisions of paragraph 9 above. No deliveries will be done on weekends or public holidays in the Republic of South Africa.
    2. Once your Goods have been shipped we will email you the tracking number which you can use to track the progress of your order by either calling 0861 223 224, or online at dawnwing.co.za .
    3. The delivery fee for orders of clothing items, with a total order value of less than R400 (four hundred rand) will be a R90.00 (ninety rand) and orders for items to the value of R400 (four hundred rand) or more, will receive free shipping.
    4. Estimated delivery times are as follows:
      1. 3 (three) to 5 (five) working days for delivery to addresses in Durban, Pietermaritzburg, Cape Town, Johannesburg, Bloemfontein, East London, Port Elizabeth, George, Kimberly, Nelspruit, Pretoria and Stellenbosch; and
      2. 5 (five) to 10 (ten) working days for delivery to address situated in all other areas not listed in 5.1 above.
    5. Where a lead time is indicated on the viewing page, delivery of the Goods shall be delayed by a period equivalent to the lead time indicated (the lead time shall be added to the relevant delivery time specified in paragraph 5 for purposes of calculation of the delivery date).
    6. You are required to ensure that you, or your authorised representative is available at the delivery address. If anyone other than yourself is accepting delivery of the Goods at the delivery address, they are presumed to be authorised to accept the Goods on your behalf. To confirm receipt of the Goods, we will require that you or your authorised representative sign for the Goods and fill in your/their name (as may be applicable). We will send you an SMS (or email) when the Goods are dispatched, together with a tracking number, as well as a further SMS when your delivery of your Goods is the next delivery stop. If no one is at the address to accept delivery on the first delivery attempt, we will contact you to arrange an alternative time for delivery, however, additional delivery fees will apply in such event.
    7. If your Goods are damaged on delivery, please notify us immediately on info@rustiq.co.za.
    8. Lead times in respect of availability of Goods will be indicated on the viewing page before checkout, which shall also indicate estimated lead times for the manufacture of the Goods where applicable. These lead times will affect delivery dates as set out in paragraph 6 above.
  5. RETURN AND EXCHANGE OF GOODS
    1. All Goods held in stock may be returned or exchanged within 7 (seven) days of delivery thereof, provided that such Goods are in their original condition and packaging.
    2. If you return the Goods and do not wish to have the Goods exchanged for other Goods, the purchase price indicated on the invoice will be refunded to you.
    3. In event that you wish to exchange Goods purchased:
      1. should the purchase price of the Goods returned be less than the purchase price of the Goods they are exchanged for, we will refund you the difference;
      2. should the purchase price of the Goods returned be more than purchase price of the Goods they are exchanged for, you will be liable to reimburse us for the difference.
    4. You will be responsible for the shipping costs of returning the Goods to us, whether for refund or exchange.
    5. If the Goods are defective, you may return them within 6 (six) months of the date of purchase, provided that the Goods have been used for their intended purpose and they have been cared for in accordance with any use and/or care instructions than accompanied the Goods on delivery. We reserve the right to require an assessment of the Goods in these circumstances and may refuse to accept return of the Goods if the assessment indicates that you have not used the Goods for their intended purposes and/or have not adhered to use and/or care instructions. We will either repair or replace defective Goods, or refund you the value of what you paid for the Goods.
    6. In event of return of the Goods and a refund being requested, it will take up to 10 business days to process a refund. Refunds may be subject to a handling fee of R1.00 (one rand) handling fee or such other fee as may be indicated at the time the Goods are returned.
  6. CHANGING AN ORDER FOR GOODS
    Changes to orders placed shall not be allowed unless specifically agreed in writing between you and us.
  1. CANCELLING AN ORDER FOR GOODS
    1. You may cancel your order for Goods within 24 (twenty-four) hours of placing an order, provided that you will be liable for the handling fees specified in paragraph 6 above.
    2. Should you cancel an order for Goods after the (twenty-four) hour period contemplated in paragraph 1 above, you will be liable for a cancelation fee not exceeding 50% (fifty percent) of the purchase price indicated on the invoice as well as the handling fees specified in paragraph 5.6 above.
  2. PAYMENT
    1. All payment for Goods will be due upfront, on placing the order.
    2. Payment may be made via any of the payment options indicted on the Website. Details of each payment option will be provided on request.
    3. Payment may be made via Visa, Mastercard or by bank transfer into the Rustiq bank account, the details of which will be provided on request.
    4. By selecting the payment gateway or method through which you wish to pay, you appoint, authorise and/or instruct the payment service provider, to give effect to such payment and as such, you remain responsible and liable for such payment to us and assume the risk that payment will be duly and fully made to us.
    5. You hereby consent to our use of the services of a reputable third party payment service provider in order to process the transaction/s arising from your online purchase of Goods and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase. Card transactions will be acquired for us via PayGate (Pty) Ltd who is an approved payment gateway for South African acquiring banks. PayGate uses Secure Socket Layer (SSL3) encryption and no card details are stored on the Website. The security certificate and security policy of PayGate is available at paygate.co.za.
    6. Your details will be stored by Rustiq separately from the card details which are entered by you on the payment services provider's secure site. For further details, please refer to www.paygate.co.za.
    7. When you submit your order under your username and password, together with the payment card details for payment, you warrant that you are authorised to use the card and that there are sufficient funds to pay the order.
  3. CONSUMER PROTECTION ACT NO 68 OF 2008
    1. If these Terms (or any contract governed by these Terms) are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
    2. No provision of these Terms (or any contract governed by these Terms):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  1. DATA PROTECTION
    1. We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our privacy policy.
    2. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our privacy policy.
  2. ACCESSING (BROWSING) THE WEBSITE
    1. To the extent that Content is provided by users, we do not control, and are not responsible for Content, messages between users, including without limitation e-mails outside our e-mail system or other means of electronic communication, whether through the Website or another Third Party Website (defined below). We do not pre-screen or approve any Content, but we reserve the right, in our sole and absolute discretion, to refuse, delete or move any Content that is or may be available on the Website. The Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to us or the Goods offered for sale on the Website. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
    2. We do not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with user Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights.
  3. SUBMITTING CONTENT
    1. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Website and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Website. In connection with such Content posted on, transmitted through, or linked from the Website by you, you affirm, acknowledge, represent, and warrant that:
      1. you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Website (including without limitation all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize us to use such Content to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms; and
      2. you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms.
    2. For clarity, you retain all intellectual property rights in and to your Content, however, by submitting the Content to us, you hereby grant to us an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and our (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required in order to host and display your Content.
    3. You expressly agree not to post, email, or otherwise make available Content:
      1. that violates any law;
      2. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted herein;
      3. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
      4. that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another's privacy or other rights, or harms or could harm minors in any way;
      5. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      6. that violates any employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
      7. that includes personal or identifying information about another person without that person's explicit consent;
      8. that impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
      9. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
      10. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
      11. that constitutes or contains any form of advertising or solicitation if:
        1. posted in areas or categories of the Website which are not designated for such purposes; or
        2. e-mailed to users who have requested not to be contacted about other services, products or commercial interests;
      12. that includes links to commercial services or Third Party Websites, except as specifically allowed by us;
      13. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
      14. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      15. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or
      16. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website.
    4. Additionally, you agree not to:
      1. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, or to "stalk" or otherwise harass anyone;
      2. make any libelous or defamatory comments or postings to or against anyone;
      3. collect Personal Information (as defined in the privacy policy) or data about other users or entities for commercial or unlawful purposes;
      4. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large advertisements on our servers and other infrastructure;
      5. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
      6. attempt to gain unauthorized access to computer systems owned or controlled by us or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
      7. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of our "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
      8. use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
    5. We reserve the right to remove any Content without prior notice. We may also terminate a user's access to the Website, if such user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at our sole discretion, we reserve the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. We may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
    6. Furthermore, by you posting Content to any public area of the Website, you agree to and do hereby grant to us all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.
    7. We grant you a limited, revocable, non-exclusive license to access and use the Website for personal use. This license granted herein does not include any of the following:
      1. access to or use of the Website by Posting Agents; or
      2. any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us or as otherwise set forth in these Terms.
    8. The general purpose internet search engines Google, Yahoo, MSN and Bing and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in paragraph 7.2.
    9. No search engine or website whose name does not appear in paragraph 8 may engage in the activities set forth in paragraph 12.7.2 without our express written consent. Search engines or websites wishing to engage in the activities set forth in paragraph 12.7.2 can contact us on info@rustiq.co.za with “Search Engine” in the subject line. We reserve the right to refuse a search engine or website to engage in the activities set forth in paragraph 12.7.2 in our sole and unfettered discretion.
    10. The license set forth in this paragraph 12 permits you to display on your website, or create a hyperlink thereto, individual postings on the Website so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds ninety-nine (99) postings, your use will be considered to be in violation of these Terms, unless we expressly grant you permission otherwise.
    11. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. We may offer parts of the Services in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators.
    12. We permit you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that:
      1. your use of the RSS feed is for personal, non-commercial purposes only;
      2. each title within an RSS feed is correctly linked back to the original post on the Services and redirects the user to the post when the user clicks on it;
      3. you provide, in a conspicuous manner, proper attribution to us and the Website as the source of the RSS feed;
      4. your use or display of the RSS feed does not suggest that we promote or endorses any third party causes, opinions, ideas, web sites, products or services;
      5. you do not redistribute the RSS feed; and
      6. your use does not overburden or otherwise slow the performance of our systems.
    13. We reserve all rights in and to the content of any RSS feeds provided through the Website and may terminate any RSS feed at any time without notice. Use of the Website beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Website or any Content made available via the Website for other purposes (including commercial purposes) not stated herein, you must first obtain a license from us.
    14. You understand that when using the Website, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous.
  4. POSTING AGENTS
    As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Services on behalf of others. We expressly prohibit the use of Posting Agents, directly or indirectly, without our express written permission. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Services to in order to post Content on behalf of others, except with our express written permission or license.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, and are subject to copyright and other intellectual property rights. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
    2. We reserve all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
    3. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
    4. You further agree not to reproduce, duplicate or copy Content or Materials from the Website, and agree to abide by any and all copyright notices and other notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
  2. INDEMNITY
    1. You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
      1. your use of and access to the Website;
      2. your violation of any term of these Terms;
      3. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
      4. any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website.
  1. NO SPAM POLICY
    You understand and agree that sending unsolicited email advertisements or other unsolicited communications to our email addresses or through our computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time we may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in our e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Website may be used only in accordance with the Terms. Any unauthorized use of our computer systems is a violation of these Terms and certain laws.
  1. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
    1. You acknowledge and agree that we shall not be liable for your interactions with any organizations and/or individuals on the Website.
    2. If there is a dispute between users of the Website and/or any third party, you understand and agree that we are under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.
  2. LIMITATION AND TERMINATION OF SERVICES
    1. You acknowledge and agree that we may establish limits from time to time concerning use of the Website and the frequency with which you may access the Website.
    2. You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. We reserve the right at any time to modify or discontinue the Website (or any part thereof) with or without notice and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
    3. You acknowledge and agree that we, in our sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content, for any reason or no reason at all, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after any such termination.
  3. DISCLAIMER OF WARRANTIES
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
      1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
      2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
      3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
      4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
      5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
      6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
    2. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  4. LIMITATIONS OF LIABILITY
    IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE GOODS, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICESS OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  1. ASSIGNMENT
    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
  1. ABILITY TO ACCEPT TERMS OF SERVICES
    This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
  1. SEVERABILITY
    If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
  1. SUCCESSORS AND ASSIGNS
    These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
  1. VIOLATION OF TERMS
    Please report any violations of the Terms that you become aware of by contacting us on info@rustiq.co.za. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
  1. HOW TO CONTACT US
    If you have questions about these Terms, please contact us on info@rustiq.co.za with “Terms and Conditions” in the subject line.