Hillbilly’s Terms & Conditions
OVERVIEW
This website is operated by https://www.hillbillys.co.za. Throughout the website, the terms “we”, “us” and “our” refer to https://www.hillbillys.co.za. https://www.hillbillys.co.za offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices mentioned here. By visiting our website and/or purchasing something from us, you accept 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 referred to herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, suppliers, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before visiting or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Site 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 added to the current store will also be subject to the Terms of Service. You can check the latest 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 on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE SHOP TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. You may not use our products for any illegal or unauthorized purpose and you may not, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may 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 transmitted unencrypted and involve (a) transmissions over multiple networks; and (b) changes to adapt to and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks and is handled only by Payfast. 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 we . The headings used in this agreement are included for convenience only and shall 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 website is not accurate, complete or current. The material on this website 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 website is at your own risk. This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are only subject to return or exchange according to our return policy. We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to restrict the sale 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 we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not guarantee that the quality of any products, services, information or other materials 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, at 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 using 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 email and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders placed, in our sole discretion, 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 details, please review our Returns Policy.
SECTION 7 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy and we do not warrant and shall have no 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 damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please carefully review and understand the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example, contest entries) at our request or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post, or otherwise ( collectively, “comments”), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you submit to us. We are and shall be under no obligation (1) to keep 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 is illegal, 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 defamatory or otherwise illegal, abusive or obscene material, or contain any computer virus or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate 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 accept no liability for any comments posted by you or any third party.
SECTION 9- PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Sometimes there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, offers, product shipping costs, 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 submitting 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 11- PROHIBITED USE
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, belittle, intimidate or to discriminate; (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, pretend, 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 12 – 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 guarantee 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 expressly agree that your use of, or inability to use, the Service is at your own risk. The service and all products and services provided 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 , whether 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 event shall https://www.hillbillys.co.za, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensees 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 out of your use of any of the service or any products obtained with 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 they are informed of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.
SECTION 13 – DISCLAIMER
You agree to indemnify and defend https://www.hillbillys.co.za and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees and hold harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party as a result of or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights from a third party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service , such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties entered into 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 stop using our Site. If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may also 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 may deny you access to our Services (or any part thereof) accordingly.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service will 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 relation to the Service constitute 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 previous 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 19 – APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the registered address of https://www.hillbillys.co.za, South Africa.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can check the most recent 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 on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21- CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at : [email protected]