Terms And Conditions

Introduction

Welcome to the website of DateFactory. The website provides you with a date night in a box delivered to you. The website is owned by Karien du Plessis, hosted by WordPress, and is located within the Republic of South Africa. By accessing and using this website, you agree to be bound by the terms and conditions set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of this website.

Your use of the website

You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.

General disclaimer

You agree to access and use this site entirely at your own risk. Please read the Exclusion of Liability clauses below.

Choice of law

This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.

 Your privacy

We respect the privacy of all visitors to this site. In order for us to provide you with the best service/experience/product possible, you will be required to provide personal information. Please see our Privacy Policy for more information. In order to regularly assess and improve the site, we collect information on the number of visits to the site, pages viewed, etc.

Copyright and use of material

DateFactory retains copyright in the website and all current and future content displayed on the website which is not owned by third parties. In terms of a limited licence, granted for general use, DateFactory grants the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the website for your personal, non-commercial and informational purposes only. In addition, DateFactory grants you permission to copy and distribute information from the website for non-commercial purposes, provided that: (i) this information has not been sourced from third parties; (ii) you notify Datefactory of such use; and (iii) DateFactory is acknowledged as the source by reference to the website address. This website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of DateFactory.

Your comments

We value feedback received from visitors to our site. However, you agree not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and DateFactory is not liable to any third party for the content of your comments. Please also note that we cannot respond to all feedback we receive.

External links and advertising

Wherever this website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk. Wherever third party advertising or promotional material is displayed on this website, this should not be construed as DateFactory endorsing or creating any relationship between DateFactory and that third party. Reliance on any such material is entirely at your own risk.

Linking

Any third party wishing to link to this website from their website must obtain permission from Datefactory, and permission may be granted on terms and conditions agreed.

Exclusion of liability

You expressly agree that the use of this website is entirely at your own risk. The website and all its contents are provided on an “as is” basis, and DateFactory makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website. DateFactory does not warrant that the website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components. DateFactory, its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the website and/or its content. DateFactory, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where DateFactory is expressly advised thereof. You will indemnify DateFactory, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this website.

Sale of Liquor

Under the Licensing Act 2003 it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18, or liqueur chocolates if you are under the age of 16. DateFactory is committed to upholding both their legal and social obligations as a distributor of intoxicating liquor. To achieve this we have a number of control checks throughout the purchase and physical distribution process (e.g. requesting your date of birth when our customers register with us).

Monthly Subscriptions

If you cancel your monthly subscription within one month you will be liable for the difference between the once-off fee and the subscription fee. E.g. If the once-off fee is R430 and the subscription fee is R385, you will be liable for the R45 difference. Also, if you purchase a subscription with a discount voucher the discount will only be applicable for the first month. The recurring months will be charged at the full subscription price (i.e. R385). If you cancel your subscription after one month when purchased with a discount voucher, you will only be liable for the R45 difference in the above example.

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