SHIKWARU BOW SHOP WEBSITE TERMS AND CONDITIONS

Last Updated on January 7th, 2022.

SECTION 1: AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SHIKWARU HOLDINGS (TRADING AS SHIKWARU BOW SHOP / ARCHERS FOR CHRIST) (“we,” “us” or “our”), concerning your access to and use of the www.shikwarubowshop.co.za website as well as any of its products or services (collectively, “Website” or “Services”).

Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

SECTION 2: ACCOUNTS AND MEMBERSHIP

If you create an account on our Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. SHIKWARU HOLDINGS will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions. We may suspend, disable, or delete your account if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

SECTION 3: ACCURACY OF INFORMATION

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. SHIKWARU HOLDINGS reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice (including after you have submitted your order).

SECTION 4: THIRD-PARTY SERVICES

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. SHIKWARU HOLDINGS is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

You agree and acknowledge that SHIKWARU HOLDINGS does not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SECTION 5: USER DATA

SHIKWARU HOLDINGS will maintain certain data that you transmit to the Site for the purpose of management, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that SHIKWARU HOLDINGS shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

SECTION 6: PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. SHIKWARU HOLDINGS reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 7: INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer to you any SHIKWARU HOLDINGS or third-party intellectual properties, and all right, title, and interest in and to such property will remain (as between the parties) solely with SHIKWARU HOLDINGS. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by SHIKWARU HOLDINGS or licensed to us.

SECTION 8: COOKIE/TRACKING TECHNOLOGY

The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the SHIKWARU HOLDINGS Website, and understanding how visitors use the SHIKWARU HOLDINGS Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

SECTION 9: LAW

The SHIKWARU HOLDINGS Website, its content, services and these terms and conditions will be exclusively governed by and construed in accordance with the laws of SOUTH AFRICA, whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

SECTION 10: DISCLAIMER OF WARRANTY

You agree that your use of our Website or Services is solely at your own risk. SHIKWARU HOLDINGS does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. SHIKWARU HOLDINGS does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You also expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.

SECTION 11: LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will SHIKWARU HOLDINGS, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 12: INDEMNIFICATION

You agree to indemnify and hold SHIKWARU HOLDINGS and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any deliberate misconduct on your part.

SECTION 11: SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable.

SECTION 12: DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of South Africa. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Limpopo, South Africa, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

SECTION 13: CHANGES AND AMENDMENTS

SHIKWARU HOLDINGS reserves the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

SECTION 14: POPIA

The POPIA seeks to regulate what kind of information can be used from individuals. It sets some conditions for responsible parties to lawfully process the personal information of data subjects. The information provided on this side will also appear on the SHIKWARU HOLDINGS database but will not be for public viewing, however, will be only managed internally to provide reports/invoices/payment records/shipping information etc. SHIKWARU HOLDING will not divulge any of your personal contact information without your written consent. By choosing to shop on our website you understand and agree to these terms.

SECTION 15: CONTACT

For any queries or general information contact SHIKWARU BOW SHOP: archery@shikwaru.co.za or +27 (0)15 491 1174.

We reserve the right to make changes to this policy. Any changes to this policy will be posted.