Welcome to themoderncave.co.za (the “Website”), which is owned and operated by Themoderncave.co.za (hereinafter "Themoderncave, TMC, We, Us or the Website").
The Website provides valuable information about home styling, home maintanance, home insurance and many other related subjects and offers various related services (hereinafter, together known as the “Services”)
By using this Website or communicating with it by electronic means, You acknowledge and agree that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Acceptable use of the Website and its Services:
- Whilst using the Website, You agree to refrain from carelessly or willfully:
- sending automated or machine generated search queries;
- breaching these Terms, or any other applicable rules and/or instructions that We may convey with respect to the use of the Website and the Services;
- interfering with or disrupting the functionality of the Website and/or circumventing or manipulating the operation, or functionality of the Website and any Services offered through the Website;
- impersonating any person or entity, or making any false statement pertaining to your identity, gender, age or affiliation with any person or entity;
- using crawlers, robots and similar applications to collect and compile content from the Website, for the purposes of competing with the Website or with any other of Our services, or in such ways that may impair or disrupt the Website's functionality;
- displaying the Website or any part thereof in an exposed or concealed frame, or linking, including in-line linking, to elements on Website, such as images, videos and players, independently from the web pages of the websites on which they originally appear without Our prior written consent;
- collecting or processing personal information of the Website's users without their and Our explicit consent in writing;
Subscription/Sign-up to Services
In order to enjoy some of the Services you may need to subscribe or sign-up. Providing untruthful, false or inaccurate information may prevent you from subscribing and/or signing up and impair Our ability to provide you with the requested Service. We will indicate the fields for mandatory completion. Unfortunately, If you do not enter the requisite data in these fields, you will not be able to register with the Website.
You may unsubscribe from these Services at any time you wish to do so by sending us an emailthroug our contact form – here.
Suspension of Subscription/Sign-Up
Notwithstanding any remedies that may be available under any applicable law, We may temporarily or permanently limit, suspend, deny or terminate your user account and/or subscription, prohibit you from accessing the Website and/or using its Services and take technical and legal steps to keep you from the Website or from using its Services, if We believe that –
- you deliberately submitted false or incorrect information; or,
- you made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- you have abused your rights to use the Website; or
- you have breached the Terms; or
- you have performed any act or omission that violates any applicable law, rules, or regulations; or,
- you have performed any act or omission which is harmful or likely to be harmful to the Website, or any other third party, including other users and suppliers of the Website; or,
Third Party services and/or products offered on the Website
The Website includes certain services that that are provided by third parties. Although the Website does its best to screen these third party services, We cannot guarantee or vouch for their quality and therefore urge you to independently check the services offered and the terms and conditions of those services. Any actions, commitments and/or purchases made by you regarding products or services offered on or through the Website are made at your own discretion and We will not be responsible or liable in any way, shape or form.
Any and all responsibility for the delivery, quality, fulfillment and compensation regarding these services and/or products lies solely with the direct provider of these services and/or the website on which you purchased the service/product.
Links to other websites
The Website includes links to content on other websites and online services. We do not operate, or monitor these websites and services. You may find them or the content and information included therein not compatible with your needs, or you may object to their content, or find their content to be improper, annoying, unlawful or immoral. By linking to a certain website or service, We do not sponsor or endorse their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. We assume no responsibility or liability for such third party websites or services, or for their availability.
The Website may include commercial information, including, but not limited to, advertising and or lead forms. By clicking on the commercials or by filling in the forms you or your information may be transferred to another website or company and you may receive messages, information or offers from that other service provider. We are not responsible for any of the commercial information and advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers and we recommend that you read their terms and conditions.
[Non]-Financial Services Provider and Insurance Companies
The Website is not a financial services provider. All content on the website is for informational purposes only and does in no way constitute legal or financial advice. We advise that before making any financial decision you consult with a professional of your choice. Although the Website allows some insurance companies to advertise on the Website, it does not represent any of the insurance companies presented, reviewed or advertised on the Website and you are not required to respond to such advertising if you do not want to. If you do engage any of the services offered, it is at your own will and the Website will not be held responsible in any shape or form for damages, whether direct or indirect.
We respect your privacy and do our best to only use the information you provide for the purpose you provided it. Nevertheless, should you willingly submit your information to any publicly displayed area of the website, for example the “comments” section, your information will publicly be displayed. Additionally, if you submit information through any third party forms that may appear on the website or on any third party website which you were transferred to from the Website, your information will be transferred to that third party and used by it. In no way do We encourage or force you to submit any personal information and you do so at your on will.
All rights, title and interest in and to the Website and to any content thereof, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Us unless belonging to a third party.
Unless otherwise expressly permitted in the Terms, you may not distribute, display, copy, or perform publicly, sublicense, decompile, disassemble, process, compile, reduce to human readable form, execute publicly, adapt, make available to the public, make commercial use, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of the Website trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish the HI goodwill. You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
If you feel that any infringements have been made on the website, please contact us through the contact page and we will investigate immediately and remove any such infringements should we find that they are in fact as such.
Changes to the Website
From time to time, We may change the Website's layout, design or display, as well as the scope and availability of the content and services therein and available offers, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that the Website does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result there from.
Website and service availability
The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and We do not warrant otherwise.
Termination of operation
We may at any time, in Our sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently without prior notice. At any time, the contents or services on the Website, may be blocked, removed or deleted without maintaining any backup copy.
You agree and acknowledge that the Website does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result of which.
Amendments to the Terms
We may, from time to time, change the Terms, including any and all documents, forms and policies incorporated thereto. Any such changes will take effect 3 days after they were made and you will be bound by these changes. Continuing to use the Website will indicate your acceptance of the amended terms. We therefore suggest that you check these terms every once in a while and if you do not agree with any of the amended terms, then you must avoid any further use of the Website.
DISCLAIMER OF WARRANTY
THE WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR QUALITY OF THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE (WHETHER BY THE WEBSITE OR THIRD PARTIES) OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPATIBILITY, QUALITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF ITS CONTENT AND SERVICES THEREIN. THE USE OF THE SERVICES AND ANY RESULTS DERIVING FROM SUCH USE IS ENTIRELY AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE AND WARRANT THAT YOU WILL ACT BY ANY APPLICABLE LAW, INCLUDING THE LAWS VALID AT YOUR STATE OF RESIDENCE AND YOU WILL NOT HAVE ANY REQUEST, COMPLAINT, DEMAND, SUIT OR OTHER CLAIM AGAINST TMC IN CONNECTION WITH YOUR USE OF THE SERVICES.
THE WEBSITE IS PROVIDED FOR USE WITH ALL FAULTS, "AS iS" AND "AS AVAILABLE". THE WEBSITE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE USE OF THE SERVICES THEREOF, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. TMC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER OR THAT THE WEBSITE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS OR ERROR, OR THAT THE WEBSITE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATiON OF LIABILITY
THE WEBSITE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER THE "THE TMC GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR iN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY TMC GROUP'S STAFF, OR FROM YOUR RELIANCE ON UPLOADED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH THE TMC GROUP, OR WITH OTHER USERS ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITE, REGARDLESS OF WHETHER THE TMC GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO TMC's SOLE DISCRETION.
You agree to indemnify, defend and hold harmless the Website, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, any communications that you conveyed through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Website.
Governing Law, Jurisdiction
We may contact you and send you notices via e-mail, regular mail, Short Message Services ('SMS'), fax messages and postings on the Website. You may contact Our customer service by using the “contact us” form on the contact page on the Website. We reserve the right to publish in public – including on the Website – any communications with you, as long as your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Our authorized representative.
Failure on Our part to demand performance of any provision in the Terms will not constitute a waiver of any of Our rights under the Terms.
The United Nations Convention on Contracts for the international Sale of Goods will not govern these Terms.
Changes in Ownership
We may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Our prior explicit consent in writing.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.
"including", whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.