TERMS
of USE
Welcome to Huge
Online! The goal of the site, including each web page of which it is composed
(The Website), is to provide access to our wide selection of products (Huge Online
Products). To ensure a safe, pleasant environment for all of our users, we have
established these Terms of Use.
It is important
that you read and understand these Terms of Use. Please pay particular
attention to the paragraphs rendered in bold font as they contain disclaimers
that materially affect your rights. When you access this Website, you will be
bound in law by the terms that appear on this web page, except for those terms
appearing in paragraph 13 (which apply only when you choose to purchase Huge Online
Products via this Website). When you choose to purchase any of Huge Online
Products via this Website, the terms set out in paragraph 13 will also apply to
your purchase in addition to the other Terms of Use appearing on this web page.
These terms represent an agreement between you, the person or
entity accessing or using this Website or purchasing Huge Online Products via
this Website, and Huge Online Services CC (Registration Number: 2004/031459/23
(Trading as “Huge Online”). Throughout this Website Huge Online refers to this
agreement between you and Huge Online as the Terms of Use.
1. WEBSITE TERMS OF
USE
Huge Online
provides the information, services and opportunity to purchase Huge Online
Products offered to you via this Website (the “Services”) subject to these
Terms of Use. By accessing the Website or using any of the Services you are
deemed to have agreed to these Terms of Use. Huge Online may at any time modify
these Terms of Use and your continued access of the Website or use of the
Services will be subject to the Terms of Use in force at the time of your use
or access. Accordingly you agree to review these Terms of Use periodically, and
your continued access of the Website or use of the Services shall be deemed to
be your acceptance of the amended Terms of Use.
2. DISCLAIMER
Huge Online shall not
be responsible for any loss, liability, damage (whether direct, indirect or
consequential), personal injury or expense of any nature whatsoever which may
be suffered by you or any third party as a result of or which may be
attributable, directly or indirectly, to:
• Your use of or
reliance on any information provided on or via the Website;
• Any e-mails sent
from the Website;
• Services provided
via this Website;
• Any viruses that
may infect your computer or other property on account of your access to or use
of this Website;
• Use of content,
data or information made available via the Website;
• Any failure,
delay or unavailability of the Website or any Services offered via the site for
any reason whatever;
• The supply, or
failure or delay in supplying any of the Services offered via the Website; and
• The breach of any
of these terms of use by you.
You indemnify Huge Online,
its officers, members, employees, successors and assigns in respect of any
loss, liability, damage (whether direct, indirect or consequential) or expense
of any nature whatsoever, which may be suffered by you or any third party as a
result of or which may be attributable, directly or indirectly, to any of the
aforesaid.
3. CONTENT OF THE
WEBSITE
Whilst every effort
is made to update the information provided on the Website on a regular basis,
Huge Online makes no representations or warranties, whether express, implied in
law or residual, as to the accuracy, completeness or reliability of information
contained on the Website. Huge Online reserves the right at any time to change
or discontinue without notice, any aspect, feature or service offered by way of
the Website, the opinions, information, data or content contained on the
Website shall not be construed as advice and are offered for information
purposes only. Huge Online gives no warranties and makes no representations as
to the accuracy, completeness or reliability of any such opinions, information,
data or content.
4. COPYRIGHT AND
INTELLECTUAL PROPERTY RIGHTS
This Website is solely for your personal and
non-commercial use. Copyright and all intellectual property
rights in all materials made available through this Website are owned by Huge Online, Alternatively, Huge
Online Services CC is the lawful user thereof and is protected by both South
African and international intellectual property laws. Accordingly, an
unauthorized copying, reproduction, re-transmission, distribution,
dissemination, sale, publication, or other circulation or exploitation of such
material as aforesaid or any component thereof will constitute an infringement
of such copyright and other intellectual property rights. The trademarks,
names, logos and service marks (collectively “Trademarks”) that pertain to Huge
Online displayed on this Website are registered and unregistered Trademarks of
Huge Online, nothing contained on this Website should be construed as granting
any license or right to use any Trademarks without the prior written permission
of Huge Online. Other trademarks, names, logos and service marks used are the
property of their respective owners.
5. EXTERNAL LINKS
External links may
be provided for your convenience, but they are beyond the control of Huge Online
and no representation is made as to their content. Use or reliance on any
external links provided is at your own risk. When visiting external links you
must refer to that external website’s terms and conditions of use.
6. CHILDREN
If you are under 18
years of age, you may use the Services offered via this Website only with the
supervision of a parent or guardian. If you represent that you are of
sufficient legal age to use the Services offered via this Website you will be
bound by any legal obligations and liabilities that you may incur as a result
of your use of the Services. You agree to supervise all usage by minors of this
Website under your name of account.
7. VERIFICATION
7.1 You acknowledge
and agree that Huge Online shall be entitled to verify the identity of any
person placing an order via this Website for any Huge Online Products. Huge Online
will not be bound to carry out any order until it has verified the identity of
the person placing the order.
7.2 You acknowledge
and agree that Huge Online shall be entitled to establish the authenticity of
any communication transmitted to it by way of the Internet that purports to
emanate from you. You agree that all instructions, orders, consents,
commitments and any other communications which purport to emanate from you and
which are sent to Huge Online by way of the Internet and which may (as a result
of interception, equipment malfunction, the distortion of communication links
or any other reason whatsoever) be different from the details actually sent or
given, or may not have been given by you at all, shall be deemed to have been
given by you in the form actually received by Huge Online and you will be bound
by such details with no liability of whatever nature attaching to Huge Online.
7.3 You waive any
rights you may have or obtain against Huge Online arising directly or
indirectly or indirectly from any loss or damage of whatsoever nature which you
may suffer as a result of the fact that Huge Online acts on your instructions
or instructions purporting to emanate from you. You agree to and hereby
indemnify Huge Online against all and any claims, liabilities, losses, costs,
fines, damages, and expenses incurred (whether directly or indirectly) by you,
arising as a result of the fact that Huge Online has acted on your instructions
or instructions which purport to emanate from you.
8. SYSTEM
AVAILABILITY
Huge Online strives
to give 24- hour-a-day service every day of the year. Huge Online does not
warrant, however, that the Website will be available each and every time you
attempt to access it or use the Services. Huge Online reserves the right to
suspend the operation of the Website.
9. WARRANTIES
9.1 You hereby
warrant that every instruction and all information given by you to Huge Online
shall be accurate, true and complete.
9.2 You understand
that, except for the 100% Satisfaction Guarantee discussed in paragraph 13.8
below, Huge Online makes no warranties, representations, statements (whether
express, implied in law or residual) regarding the Website, any Services
provided via this Website or the suitability of any of the Services for a
particular purpose. As Huge Online provides certain Services to you via the
Internet, Huge Online makes no representations, nor gives any warranties of any
nature as to the availability of any communications network or systems of any
third party on whom you or Huge Online rely to provide any of the Services.
10. USE OF THE
WEBSITE
10.1.1 You agree to
be financially responsible for your use of this Website (as well as for use of
your account by others, including without limitation any person under the age
of eighteen years).
10.1.2 Any conduct
by you that in Huge Online's sole discretion restricts or inhibits any other
user from using or enjoying this Website will not be permitted. You agree to
use this Website in accordance with these Terms of Use and only for lawful
purposes. You are prohibited from posting on or transmitting through this
Website any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise
objectionable material of any kind, including but not limited to any material
that encourages conduct that would constitute a criminal offence, give rise to
civil liability, or otherwise violate any law. You agree not to use any false
e-mail address, impersonate any person or entity, or otherwise mislead as to
the origin of a credit card, or attempt to do any such acts.
11. SUBMISSIONS BY
YOU TO HUGE ONLINE
Huge Online is not
responsible for your submissions or responses to Huge Online. Any product
concepts or ideas submitted by you to Huge Online will be considered the
property of Huge Online. Huge Online will not be responsible for any claims to
ownership, royalties, license fees or any other intellectual property claims if
those concepts or ideas are used in promotions, marketing or products.
12. HUGE ONLINE
STATEMENT OF PRIVACY
12.1 Your privacy
is very important to Huge Online.
Subject to
paragraph 12.2, Huge Online shall not divulge to any third party any
information obtained from your use of the Website or Services to the extent
that such information is not already in the public domain, unless required to
do so by law.
12.2 Huge Online
reserves the right to release to third parties, in aggregate format, data
pertaining your use of the Services and Website, provided that such data is
released as statistical totals and does not contain information which
specifically identifies a particular user of the Website. Without limiting the
generality of the foregoing, Huge Online reserves this right in order to be
able to release to potential advertisers and other third parties statistical
information regarding the number of users of the Website, their age and gender
profiles and their frequency of using the Services and Website.
12.3. You should
also be aware that information and data is automatically collected through the
standard operation of the Internet servers and through the use of “cookies”.
“Cookies” are small text files a web site can use to recognize repeat users and
facilitate the user’s ongoing access to the Website. Cookies are not programs
that come onto your system and damage files. Generally, cookies work by
assigning a unique number to you that has no meaning outside the assigning
site. If you do not want information collected through the use of cookies,
there is a simple procedure in most browsers that allows you to deny or accept
the cookie feature; however, you should note that you may not be able to
purchase Huge Online Products via the Website if you disable the cookie
feature.
12.4 When you
create an account with us and place an order with us, the following information
is stored permanently to facilitate the processing of warranty returns:
Customer Name, Email Address, Telephone Number, and Physical Address, in addition
as details relating to the products you ordered (Name of product, quantity,
price and serial numbers). We do not store any financial information, such as
Credit Card details.
12.5 Huge Online
will send you an email relating to the status of and processing of any orders
you place with us, or in response to queries sent to us. Any newsletters we
send out will be opt-in only, and will have an easily accessible unsubscribe
link at the bottom of the email. We will not send you spam, or give your email
address to any third parties.
12.6 Huge Online
reserves the right to view any communications made using the comments, forums
or private messaging sections of the site.
13. TERMS APPLYING
WHEN YOU PURCHASE HUGEONLINE PRODUCTS VIA THIS WEBSITE
13.1.1 When you
choose to purchase any Huge Online Products via this Website, the terms set out
in this paragraph 13 will also apply to your purchase in addition to the other
Terms of Use appearing on this web page.
13.2 By entering your
personal details on this Website, you are deemed to be bound by these Terms of
Use, including this paragraph 13. You may not purchase any Huge Online Products
via the Website should you not wish to be bound by these Terms of Use and this
paragraph 13.
13.2 Disclaimers
13.3.1 You
understand that, except for the 100% Satisfaction Guarantee explained in
paragraph 13.8, Huge Online makes no warranties, representations, statements or
guarantees, whether express, residual or implied, as to any Huge Online
Products, [including but not limited to the implied warranties of
merchantability or fitness for a particular purpose.]
13.3.2 While Huge Online
makes every effort to ensure the accuracy of the content of the Website, Huge Online
makes no warranties, representations, statements or guarantees, whether
express, residual or implied, as to the accuracy, completeness, timeliness,
reliability, content or availability of any information on the Website.
13.3.3 Huge Online
shall not be liable, under any circumstances, for any loss, liability, expense
or damage, (whether direct, special, indirect, incidental or consequential)
arising in connection with the purchase, use or supply of Sale Products or any
other Huge Online Products or the use or reliance upon any information
published on the Website.
13.4 Sale and
Purchase of Huge Online Products
Huge Online
Products that you purchase and that Huge Online sells to you are those you have
chosen by clicking on the link “Add to Cart” and are then listed in the
Shopping Cart (the “Items”).
13.5 Purchase Price
for Sale Products
The purchase price
for the Items is the amount, in South African Rands (or currency selected),
indicated under the heading “Total” in the Shopping Cart (the Purchase Price).
A transaction is only confirmed and the price only agreed to by Huge Online
once the order has been updated to the "Shipped" or "Awaiting
Collection" status. E&OE. Prices are valid only while stocks last,
either with Huge Online or with our suppliers.
13.6 Payment of
Purchase Price
13.6.1 You may
choose to pay the Purchase Price through one of the following methods:
13.6.1.1 Credit
Card/Debit Card/Instant EFT via Payfast
13.6.1.2 Electronic
Funds Transfer (EFT),
13.6.1.3 PayPal
13.6.2 Whichever
payment method you choose, payment of the Purchase Price must be made, at the
latest on the delivery of the Items to the address you specified. Huge Online
reserves the right not to release the Items until it has received full payment
of the Purchase Price.
13.7 Delivery of
the Items
13.7.1 Huge Online
will deliver the Items to the destination you have specified as Shipping
Address provided such destination is within South Africa.
13.7.3 While Huge Online
will make every reasonable effort to ensure that the Items reach your specified
destination on time, Huge Online cannot and does not warrant or represent that
delivery will occur within the time requested or the times indicated on the
delivery times table.
13.8 100%
Satisfaction Guarantee
13.8.1 Huge Online
guarantees the Items with its 100% Satisfaction Guarantee. The 100%
Satisfaction Guarantee means that:
• If you are not
entirely satisfied with the Items you purchased;
And
• You let Huge Online
know within 48 hours of delivery to you that you are not entirely satisfied
with the Items;
And
• You return those
Items to Huge Online;
And
• The Items you
return are in substantially the same condition as when Huge Online delivered
them to you (Including Packaging Material);
Then
• Huge Online will,
in Huge Online's discretion, either refund you the Purchase Price you paid for
those Items or give you Store Credit equivalent in value to those Items.
13.8.2 Apart from
the 100% Satisfaction Guarantee, Huge Online does not provide any other
warranties.
13.9 Products not
listed on the Website
These Terms of Use
govern the sale via the Website of Huge Online Products listed on the Website.
Should the Huge Online Products listed on the Website not suit your needs,
please contact Huge Online on shop@hugeonline.co.za and Huge Online will be glad to consider your order.
13.10 Indemnity
You indemnify Huge Online,
its officers, members, employees, successors and assigns from any liability,
loss or damage (whether direct, special, indirect, incidental or consequential)
resulting from any claim, complaint, dispute, proceeding or cause of action
against any of them related to the Items or any other Products, including
without limitation their purchase, delivery, late delivery, non-delivery, or
use.
13.11 Payment
Default
Should you not
fully pay the Purchase Price for the Items you will be liable for all
collection costs incurred by Huge Online, including, but not limited to, all
reasonable attorney and collection agency fees.
13.12 Authority
13.12.1 By entering
your details or details that purport to be yours and submitting those details,
you represent that you have the required authority to enter into and accept
these Terms of Use, including paragraph 13.
13.12.2 If you are
under 18 years of age, you may purchase Huge Online Products only with the
supervision of your parent or guardian. If you represent that you are of a
sufficient age to legally purchase Huge Online Products via the Website you
will be bound by any legal obligations that you may incur as a result. You
agree to supervise all purchases under your name or account via the Website
made by minors.
14. SOLE RECORD
These Terms of Use
are the sole record of the agreement between you and Huge Online and contain
all of the provisions governing the relationship between you and Huge Online,
in relation to the purchase by you of the Items, access of the Website or use
of Services via the Website.
15. GENERAL
15.1 Any waiver of
rights by you or Huge Online in terms of these Terms of Use must be in writing
to be effective. No failure or delay on the part of Huge Online in exercising
any right or remedy under these Terms of Use will operate as a waiver of that
right or remedy.
15.2 These Terms of
Use do not constitute an agreement of employment, partnership, joint venture or
agency between Huge Online and you. Neither you nor Huge Online has the power
to make a contract in the name of the other or to grant or pledge credit, incur
liability or employ any person on behalf of the other.
15.3 You may not
cede or delegate any rights or obligations in terms of these Terms of Use
without the prior written consent of Huge Online.
15.4 Any amendment
to these Terms of Use must be in writing signed by both you and Huge Online.
15.5 Any notice
given by either you or Huge Online in terms of these Terms of Use must be in
writing and delivered by personal delivery, express courier, confirmed
facsimile, registered post or confirmed email. Any such notice will be deemed
given upon personal delivery, two days after dispatch by express courier, upon
confirmation of receipt of facsimile, upon confirmation of receipt of email or
seven days after dispatch by registered post. Notices will be sent to you at
the designated email address provided by you on the Website. Notices sent to
Huge Online must be sent to shop@hugeonline.co.za . You and Huge Online may change address or facsimile number for
purposes of these Terms of Use by giving the other written notice of its new
address, facsimile number or email address.
15.6 If any
provision of these Terms of Use is or at any time becomes invalid, illegal or
unenforceable, then that provision shall be severable from the other provisions
of these terms of Use and the other provisions of these terms of Use shall
continue to be of full force and effect.
15.7 Should any
dispute or proceedings arise in connection with any matter related to these
Terms of Use, any Services offered via this Website or the Sale Products, you
and Huge Online consent to the jurisdiction of the Magistrate’s Court having
territorial jurisdiction, notwithstanding that such dispute or proceedings are
otherwise beyond its jurisdiction. This clause shall be deemed to constitute
the required written consent conferring jurisdiction upon the court pursuant to
Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that
you and Huge Online shall have the right to institute proceedings in any other
competent court.
16. GOVERNING LAW
These Terms of Use
will be governed by and construed in accordance with the laws of the Republic
of South Africa without giving effect to any principles of conflict of laws.