When the weather's fine and you've got a drink in hand, where else is there to go but the outdoors? Soak up the sun with the help of the Capri Pool Lounger! Its powder coated aluminium frames are wrapped in synthetic rattan for a weather-resistant look that won't flinch at the thought of inclement weather, while five available reclining positions will keep you comfortable. For even more relaxation potential, pair these pieces with Cushions and the matching Capri Side Table.
The Capri Sun Lounger has been designed for 100% all weather outdoor use in an open patio or covered patio and is made using only Virgin Weave Materials (not recycled).
Delivery is charged at a flat fee of R995 per order delivered to your door within South Africa for orders under R100,000. Outlying towns and cities will incur a surcharge calculated at check out.
1 x Capri Sun Lounger
2000w x 320d x 770h (mm)
Capri Side Table (Not Included in Price)
Weave Color: Wood Series Brown
Also available in weave colour Stone, Charcoal or White
Frame: Aluminium powder coated
Weave: UV-resistant synthetic rattan
Fabric: UV protected, colour-fast, solution dyed
Mobility: Fitted rear wheels together with front handle bar for ease of mobility
Backrest: Adjustable backrest
Weatherproof: Frame and weave
Weight capacity: Maximum 200kg per seat
Warranty: 3 years on frame and weave
Maintenance: Easily wipe with a soft cloth and warm water (No chemicals / detergents)
5mm Tempered glass with clear finish, polished edges and blunt corners
Fabric covers easily removable for dry cleaning or washing purpose
Fabric joins situated only on non-visible sections of the cushions
Solid block foam seat and back cushions
All cushions fully lined with dacron for easy removal and refitting of fabric covers
Tru Outdoor Luxury furniture is created, conceptualized, designed, manufactured, checked and shipped with utmost care and with the finest attention to detail.
It would therefore be perfectly befitting to encourage our customers to exercise the same element of care when maintaining their purchase.
Synthetic Rattan Woven Furniture with Powder Coated Aluminum Frames:
Synthetic Rattan is made from HDPE (High Density Polyethylene Plastic) which is designed to withstand extreme temperature fluctuations.
There are various quality grades available in the marketplace however we at Tru use only the finest quality available when we consider that the Southern African temperature is extremely abnormally harsh when compared to other parts of the world.
Our HDPE is Hand-
Crafted, UV Protected, Fade Resistant, Water- Proof, Environmentally Friendly, 100% Recyclable and Ultra Durable.
We are therefore very much confident in offering our synthetic rattan with aluminium frames with a 3 Year Unconditional Warranty for Domestic Use and a 1 Year Warranty for Commercial Use.
Wiping the synthetic rattan with a soft damp cloth or hosing it down with water (no pressure cleaner) will help keep your furniture in showroom condition.
Do not use detergents or oils on the HDPE nor on the aluminium.
We also recommend that you invest in custom made Weather-
Proof PVC canvas covers (also available from Tru Outdoor Luxury) to help prolong the life of your outdoor furniture by giving you more mileage beyond the warranty period.
The canvas covers are not covered by a warranty.
Wicker and Water Hyacinth Furniture with Wooden Frames:
Our Wicker and Water Hyacinth Furniture is hand crafted with great care by skilful Indonesian craftsman who have earned their skills set from generation to generation.
Water Hyacinth and Wicker is a durable organic weave that is meant purely for Undercover Outdoor Use.
It is Environmentally Friendly, 100% Recyclable and Ultra Durable.
Our wicker and water hyacinth furniture carries a 1 Year Warranty for both Domestic and Commercial Use.
Wiping the water hyacinth Furniture with a soft cloth or an unused paint brush will help keep your furniture in tip top condition.
Every day exposure to direct sunlight may result in the weave losing its shine over time.
The wicker or water hyacinth furniture can be easily restored to looking brand new by simply applying a fresh coat of lacquer to the weave. Further details on the procedure thereof are available at our office.
Cushions for our synthetic rattan furniture are all water resistant. Our cushions come standard with a sand color fabric however we do have a range of beautiful outdoor fabric available from some of South Africa’s finest fabric houses, which you may choose from. This is just one of our value added services that we offer to our customers.
Cushions for our wicker and water hyacinth furniture ranges are offered in a natural color fabric whilst our customers have the option to upgrade to a designer fabric from our latest collection of designer fabric.
To optimize the life of your cushions, we recommend that you do not expose them directly to sunlight for long periods of time as this will surely result in fading irrespective of whether or not they are standard fabric or designer fabric.
All fabric covers are removable for dry cleaning or washing purposes. Wash care labels for our fabric covers are also attached to our cushions.
We do not offer any warranty on our cushions or fabric covers.
Wiping gently with a soft damp cloth will help to remove any dust and sand particles from the surface of the glass. Thereafter we recommend using newspaper and cold water to polish the glass.
Do not place hot items directly on the glass. Do not drag items across the glass as this could result in the glass being permanently scratched.
All our tables come standard with tempered / toughened glass for child safety. However misuse or abuse can result in the glass being chipped, scratched or even broken.
We do not offer any warranty on glass.
What is the Tru Outdoor Luxury warranty ?
The Tru Outdoor Luxury warranty is considered to be one of the best warranties within the outdoor furniture industry.
Enjoy complete peace of mind on every item purchased from Tru Outdoor luxury, with our transparent and comprehensive warranty policy.
Aluminium & Synthetic Rattan Furniture:
Rattan, Water Hyacinth & Wooden Furniture:
Outdoor Decor, Outdoor Stools, Scatters & Throws, Accessories:
Rugs & Protective Covers:
|1 Year Warranty|
What is not covered by the warranty ?
Manufacturing defects are covered by the warranty. The warranty will not apply in the event of:
- Accidental or intentional damage
- Damage caused by negligence, abuse or misuse of the products
- Goods used for a purpose other than the purpose of which they were manufactured
- Failure to comply with the Tru Outdoor Luxury instructions in respect of cleaning, maintenance and care (please read the care & maintenance manual of each product carefully, which is available on this website)
- Damage caused by acts of God such as hail stone damage, natural disasters, etc
Repairs resulting from damages not covered by the warranty (not limited to the above), will attract a repair charge, which will be quoted on a customer by customer basis.
Will there be delivery charges in the event of a warranty claim ?
In the unlikely event of a claim within the warranty period, Tru Outdoor Luxury will arrange to have the defective item collected from the customer, repaired or replaced, and thereafter returned to the customer all at no charge to the customer.
The defective item will be collected from the delivery address at which the goods were originally delivered to.
In the event of the customer having moved to a new address within the warranty period and may require collection from a new address, delivery charges may apply if the delivery tariff from the new collection point differs from the delivery tariff of the original delivery point.
Delivery charges will be applicable if the goods were originally collected from Tru Outdoor Luxury and the customer now requires the defective item to be uplifted from his/her address.
Will Tru Outdoor Luxury repair my goods out of warranty ?
We have our in-house manufacturing facility and we are therefore in a position to assist our customer with repairs out of the warranty period. There will be a charge for repairs out of warranty. as well as for repairs not covered by the warranty.
How do I lodge a warranty claim ?
Step 1: Email us your proof of purchase.
Step 2: Email us your name and surname, mobile number, detailed physical address for collection.
Step 3: Email us images of your defective product clearly showing the problem you are encountering. The more images you send to us, the better we are able to understand the issue you are facing.
Step 4: We will be in contact with you within 7 days of lodging your claim.
If you are unsure about the warranty on any of our products, please feel free to Contact Us by email or by using the Live Chat option (office hours only) and we will be happy to assist.
While Tru Outdoor Luxury makes every effort to accommodate our customer, our Return Policy has to be one that is both reasonable and in strict accordance with the relevant aspects of the Consumer Protection Act of 2008 (CPA) and its regulations as amended.
Request for Returns can only be done within 24 hours of receiving your goods.
Can I return my non-defective goods if I am not satisfied after receiving my order ?
The customer is entitled to return the goods for either a full refund, an exchange or a voucher, provided a written request by email accompanied by the proof of purchase, is lodged within 24 hours (twenty four hours) from the date of delivery. Failure to lodge the request and documents within this window period, will result in the refund attracting a 20% handling fee as well as the full cost of the round trip delivery.
The goods must be in its original packaging with all tags still attached to the product and must be unused for a return to be accepted.
How long will it take for my refund ?
Once the stock has been received and inspected by Tru Outdoor Luxury and a refund has been accepted by Tru Outdoor Luxury, payment of the refunded amount shall be made into the consumer’s account within 14 days from the date of receiving the goods at our Durban warehouse should the customer have opted for a refund.
How will I receive my refund ?
Once we have accepted a return and approved a refund, you will be refunded in the same manner in which you paid Tru Outdoor Luxury.
It will be either by:
– Credit Card (reversal back to your credit card and subject to banking delays)
– EFT (directly into your account – allow at least 48 hours)
Can I still return the goods once the 24 hour window period has passed ?
After the 24 hour window period has passed, the customer may return the goods for either a refund, an exchange or a voucher, subject to a 20% handling fee and round trip transport costs being applicable, all for the customer's account.
What if I fail to return all the pieces that make up the product ?
If the customer returns a product for a refund, exchange or voucher but fails to return all the pieces or components that make up the product, Tru Outdoor Luxury reserves the right to either refuse the return or to only replace the item that was returned or estimate the value of the missing pieces or components in order to credit or refund the customer in respect of the returned item.
Can i return a custom made product ?
No returns will be offered on all custom made products.
What is the procedure for a refund ?
Step 1: Lodge the refund request by email within 24 hours of receiving delivery of the goods indicating your choice of either a refund or exchange
Step 2: Ensure the goods are in the original packaging and unused
Step 3: Tru Outdoor Luxury will contact you within 48 hours of receiving your request
Step 4: Our nominated transporter will arrange to collect the goods from you or you may deliver the goods to our Durban warehouse if you originally collected from our Durban warehouse
Step 5: Tru Outdoor Luxury will be in contact with you once we have received and inspected the goods at our Durban warehouse, which normally takes 14 days
Step 6: Tru Outdoor Luxury will process the refund within 14 days of inspecting the goods
Payment can be made either by EFT, cash, credit or debit card. In the case of EFT payments, proof of payment must be forwarded to the relevant store. Please allow 3 business days for the receipt of EFT funds to be confirmed.
For all products that are in stock and available immediately, payment is required in full 24 hours prior to delivery or collection.
For back orders and custom made goods, a deposit of 50% is required upon order confirmation to secure the goods or commence production.Once the goods are ready for dispatch, the balance of 50% is required 24 hours prior to delivery or collection.
Delivery or collection can only take place against cleared funds in our bank account.
Cancellations, Returns & Refunds Policy:
The customer is entitled to return the defective or non defective goods for a refund, exchange or credit note, provided a written request by email accompanied by the proof of purchase, is lodged within 24 hours (twenty four hours) from the date of delivery. The goods must be in its original packaging with all tags still attached to the product, be unused and not damaged in any way for a return to be accepted. Transport will be for the account of Tru Outdoor Luxury if the request if lodged within the 24 hour window period and if the goods were delivered by Tru Outdoor Luxury.
In the case of defective products after the 24 hour window period and within the first 3 (three) months of receiving the goods, the customer has the option of an exchange for another product of the same value or a voucher equivalent to the full purchase price of the goods, less the cost of any significant or abnormal wear and tear on the product, the cost of which will be determined fairly by Tru Outdoor Luxury. No refunds will be allowed during this period. Following the expiry of the 3 (three) month period, defective products will be covered by the product warranty. Transport will be for the account of Tru Outdoor Luxury if the request if lodged within the first 3 (three) months and if the goods were delivered by Tru Outdoor Luxury.
In the case of non-defective goods after the 24 hour window period, a return will not be accepted.
Tru Outdoor Luxury offers free storage as a value added service to its customers for up to 6 (six) months. Should the customer wish to cancel an order during the storage period, all payments made by the customer to Tru Outdoor Luxury in respect of the order will be forfeited.
No refunds, exchanges, returns and / or cancellations are permitted on sale items or goods that have been discounted / marked down.
No returns, refunds, exchanges and / or cancellations are permitted on items that have been custom made to the client's requirements, once the order has been confirmed and a deposit has been paid. The deposit will be forfeited in the event of a cancellation prior to delivery.
In the unlikely event of a defective product during the warranty period, discontinue use of the product and immediately contact us within 24 hours by email or live chat.
In the unlikely event of out of box failure following collection or delivery, immediately contact us within 24 hours from date of goods received, by email or live chat. Failure to do so within this window period, will render a refund invalid. The customer will only be entitled to an exchange or voucher.
We have collaborated with a select group of transport providers who have the infrastructure to provide delivery nationwide and who are able to provide their specialized expertise to moving furniture.
Deliveries are quoted on a per trip basis.
Customers from Durban and surrounding areas may select either a basic drop and go delivery service or a full service delivery option which includes pick up, deliver, unwrap, placement, assembly (if need be), removal of the waste packaging and disposal of the waste packaging.
Customers out of the Durban area will receive their orders on a drop and go basis.
You may opt to collect your order from our Durban Warehouse, at your own risk. Damages or lost items (example glass damage or cushions missing) are not covered in the event of the customer arranging their own transport, once the goods have been dispatched to the customer or to the transporter appointed by the customer.
Deliveries requiring special arrangements (eg carrying a lounge set up several flights of stairs, in the absence of a lift / lift restrictions) can be made but will be at an additional cost to the customer.
Some of our transporters make use of large delivery vehicles. It is the responsibility if the customer to check with our sales consultants if these vehicles will be able to gain access to your premises as certain estates, complexes etc have weight and height restrictions, which may pose an accessibility challenge to our transporters.
Overseas and cross border deliveries can be also arranged. Please talk to one of our trained sales consultants who will be able to assist with your shipping requirements.
Tru Outdoor Luxury cannot guarantee delivery to all countries or locations (eg a farm location with limited road access).
Delivery charges will be added to the customer’s invoice for payment where necessary or may be paid in cash directly to our transport contractor upon delivery, with prior arrangement.
Specific delivery times can be made or agreed to closer to the time of delivery. However please take note that delays may occur due to circumstances beyond our control.
On delivery, a two or three person crew will arrive and deliver to your room of choice, provided there is safe or acceptable access. Please assist us by clearing the pathways and removing ornaments that might get in the way.
We cannot be held responsible for any form of breakage or damage.
Upon delivery it is imperative that an adult receive the goods. Customers are required to physically inspect the goods upon arrival. There is no warranty available on glass and cushions.
Tru Outdoor Luxury will be willing to store the customer’s furniture for a maximum of 6 months at no additional cost (free storage) provided the goods are paid for in full.
If an order remains in storage at Tru Outdoor Luxury for longer than the agreed period, then a monthly fee at the maximum permissible interest rate as governed by South African law, will be charged.
Should you wish to cancel your order at anytime during the storage period, storage fees will be applicable at 5% per month of the invoice value .
Vouchers are valid only for the period as stipulated on the voucher. Vouchers can only be redeemed in-store and are not refundable. Lost vouchers cannot be replaced.
Vouchers are valid for 3 years in terms of the CPA.
Discounts, Promotions and Sales:
All discount offers exclude “Promo” or “Sale” items, unless otherwise specified. All pricing can be confirmed by contacting us by email or live chat. All special offers are subject to stock being available.
Wooden Furniture Disclaimer:
Some products are made from reclaimed, recycled or salvaged wood and will therefore have nicks, marks and imperfections. Some products may have holes, cracks and metal visible and are most often handcrafted, creating character that is part of the look and / or design. These are not defects, signs of damage or poor quality. Some products are not sealed and therefore care needs to be taken during day to day use.
It is recommended that our wooden products are not placed directly on carpets, tiles or other surfaces as staining could occur.
Tru Outdoor Luxury Care Instructions for timber products are available online.
Assembling of Furniture by the Customer:
Tru Outdoor Luxury does not accept responsibility for items damaged due to incorrect assembly by a customer. Such items will not be considered for returns or refunds.
Descriptions and Features:
While every effort is made to ensure that the product you buy from Tru Outdoor Luxury corresponds as closely as possible to the images shown on our website, slight differences may occur. We regret that no responsibility can be accepted for variations which add to the unique characteristics of Tru Outdoor Luxury's products.
Tru Outdoor Luxury makes every effort to ensure that the information we provide is correct. However, we cannot be held responsible for any form of misprint or defect. Details of your order should be checked and confirmed by yourself when your order is placed at the time of checkout. We do not hold ourselves responsible for any incorrect orders placed.
Risk of loss or damage will transfer to the customer upon delivery or collection.
All goods remain the property of Tru Outdoor Luxury until paid for in full.
Unless any applicable law prescribes otherwise, any agreement made with Tru Outdoor Luxury to buy a product or a connected service, shall be governed by the laws applicable to South Africa.
This website is operated by Tru Outdoor Luxury Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Tru Outdoor Luxury. Tru Outdoor Luxury offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
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. We are 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do 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 of time or cancel the service at any time, without notice to you.
You 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, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Velobiotics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Velobiotics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org