Terms and Conditions
Earth - Touch (Pty) Ltd
Website Terms and Conditions of Use
- Earth-Touch (Pty) Ltd ("Earth Touch") makes its website, www.earth-touch.com ("the Website") and offers the products for sale thereon to you and the organisation which you represent ("the User" or "You") subject to the terms and conditions (collectively "the Terms") set out herein.
- Either by registering as a subscriber via the website or by accessing and using the website, the user agrees to be bound by all these terms.
- Earth Touch may at any time, without notice to the user, modify the terms or impose new terms, including but not limited to adding fees and charges for use, and the user's continued use of the website will be subject to such amended terms.
- Content and use of the website
- Earth Touch makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, any of the information contained on or referenced by the website or that the content of this website is free from errors or omissions or that the service will be uninterrupted, error-free or safe from unauthorised access. This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements.
- While every effort is taken to ensure that the website is free from viruses, Earth Touch cannot be held liable in the unlikely event that a virus is transmitted to the user's computer systems.
- The user hereby indemnifies Earth Touch, its directors and employees and waives any rights it may have against Earth Touch in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the user and/or third party as a result of or which may be attributable directly or indirectly to user's use or inability to use this website or the services or content provided from and through this website.
- Users undertake to not to divulge their user name or password to any other person.
- Electronic Communications and Transactions Act
The following disclosures are made in respect of Earth Touch, as required by section 43 of the Electronic Communications and Transactions Act, 2000:
- Full name and legal status:
Earth-Touch (Pty) Ltd
- Physical address and telephone number:
Earth Touch is the e-commerce division of Earth-Touch (Pty) Ltd, with its head office at 4 Sunbury Crescent, Sunbury Park, La Lucia Ridge, Durban 4051, South Africa.
Telephone number: +27 – (0)31 582 0900
- Web site address and e-mail address:
website: www.earth-touch.com hosted and managed in the Republic of South Africa
email : firstname.lastname@example.org
- Membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body:
- Any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the user:
- Registration number:
- Names of directors :
Roger Hoaten, David Nagle and Costa Theo
- Registered Office:
4 Sunbury Crescent, Sunbury Park, La Lucia Ridge, Durban 4051
- Physical address where Earth Touch will receive legal service of documents:
4 Sunbury Crescent, Sunbury Park, La Lucia Ridge, Durban 4051
- Description of the main characteristics of the goods or services offered:
We offer for sale to you audio-visual films ("the Products"). Detailed descriptions and excerpts of each of the Products are contained on the website. Earth Touch does not warrant that the Product descriptions are accurate, current or free from error.
- Full price of the goods or services, including transport costs, taxes and any other fees or costs:
- Prices must be obtained from Earth Touch on application made via email.
- Prices are subject to change without notice to the user.
- Manner of payment:
- We utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
- Payment must be made by you at the time of placing an order on the website.
- Payment must be made by electronic funds transfer from your bank account to Earth Touch's bank account, particulars of which shall appear in Earth Touch's invoice.
- We shall not process your order or deliver any products to you until we have received payment of the price for the products in full into our bank account.
- You must make payment in the currency quoted in Earth Touch's invoice.
- All bank charges are payable by you.
- Terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by users:
- Delivery: Delivery of the Products is made electronically and there is no delivery fee.
- Risk: Risk in and to the products passes to you from Earth Touch on delivery.
- Ownership: Ownership of the products passes to you on delivery, provided that you shall in no circumstance acquire any rights to the copyrights or other intellectual property subsisting in the product other than a licence to use the product for your personal use only.
- Intellectual Property Rights: Earth Touch remains the owner of the copyright and other intellectual property rights in and to the products. You must not copy, reproduce, distribute or sell the products in any manner whatsoever without Earth Touch's prior written consent.
- Damaged products: If any delivery made to you contains any faulty products or incorrect products, you must notify us in writing within 7 days of delivery failing which you shall have no claim against Earth Touch therefor. Except as set our in this clause 3.13.4, add clause 3.13.5, you shall have no claim for a refund or any other claim against Earth Touch.
- No changes to order: You may not change or cancel your order after you have placed it with Earth Touch.
- Disputes: Any dispute which arises out of or in connection with the use of the website may be referred by a party in writing to the other party for resolution. The parties or their representatives must attempt to meet within 10 days of the date of receipt of the dispute referral and should they fail to resolve the dispute or to meet or to agree in writing on an alternative dispute resolution process (including but not limited to arbitration or mediation) within such 10 day period, or within such extended date as may be agreed to, either party may take whatever lawful action it deems appropriate to resolve the dispute. This clause does not prevent either party from applying to any court having jurisdiction for appropriate urgent relief.
- Force majeure: Earth Touch shall not be liable for any failure to meet any of its obligations in terms of this agreement, or any delay in meeting them, to the extent to which the failure or delay is caused by a "force majeure", being any exceptional event or circumstance which is beyond our reasonable control; which we could not reasonably have provided against; and which, having arisen, could not reasonably have been avoided or overcome by us.
- No guarantees or warranties: Earth Touch does not give any guarantees or warranties about the products or the information contained on the website whatsoever. The products are sold on a "voetstoots" or "as is" basis. You use the website at your risk.
- Waiver of claims: You hereby waive any claim you may have against Earth Touch in respect of or arising out of your use of this website and hold Earth Touch harmless against any liability, claim or damage that Earth Touch may suffer as a result of your use of the website.
- Access, storage and electronic reproduction of these terms by users:
- You may access these terms on the website.
- Notwithstanding the provisions of 5.1 and 5.2, Earth Touch hereby authorises the user to view, download to a local drive, store, print and distribute these terms, provided that the terms are used for information purposes only and not for commercial purposes; and any reproduction of the content of the website, or portion thereof, must include the following copyright notice: © Earth-Touch (Pty) Ltd 2012 All Rights Reserved.
- Time within which the goods will be dispatched or delivered:
Earth Touch will endeavour to deliver the Products to you within 3 business day of receipt by Earth Touch of payment in full.
- Manner and period within which users can access and maintain a full record of the transaction:
All transactions histories are available at any time on application to us.
- Return, exchange and refund policy:
You may not, under any circumstances whatsoever, return any product or claim a refund in respect of products you have purchased from Earth Touch, unless otherwise set out in these terms. The cooling-off right in terms of section 44 of the Electronic Communications and Transactions Act, 25 of 2002, does not apply as the Products, by virtue of their easily-copied nature, may not be returned.
- Any alternative dispute resolution code to which Earth Touch subscribes and how the wording of that code may be accessed electronically by the user:
See paragraph 8.
- Minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently:
- Your Right to Review the Transaction
We provide the user with an opportunity:
- to review the entire electronic transaction;
- to correct any mistakes; and
- to withdraw from the transaction, before finally placing any order.
- Copyright and intellectual property rights
- Copyright and all intellectual property rights in all materials, texts, drawings, data, trademarks, names, logos and service marks made available or displayed on this website (collectively "materials") are owned by Earth Touch; alternatively, Earth Touch is the lawful user thereof.
- The user may not copy, reproduce, distribute, sell or otherwise use the materials of the Products except for personal use.
- External links
- External links to other websites may be provided for the user's convenience, but any other websites are beyond the control of Earth Touch and no representation is made as to their content.
- No hypertext links shall be created from any website controlled by the user or otherwise to this website without the express prior written permission of Earth Touch.
- The user shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, or is otherwise objectionable, or which, without Earth Touch express prior approval, contains advertising or any solicitation with respect to products or services.
- Data messages, such as e-mail, are only deemed to have been received by Earth Touch once replied to and such a reply does not include an auto-reply.
- Data messages sent to Earth Touch are deemed to have been sent from the originator in the form actually received by Earth Touch and the user will be bound by such communication.
- Earth Touch is sensitive to the private nature of the information the user provides over the website, including your name, company details, address and email address, and shall take all reasonable steps to protect the personal information of the user.
- By using the website, the user agrees that Earth Touch may use and disclose the user's personal information :
- for communication purposes from time to time. You may request to be removed from any communication system at any time;
- for statistical purposes;
- to improve the website, to improve and develop new products, features and services, to provide marketing with aggregate information about the user base and usage patterns;
- in the ordinary course of its business and for promotions and marketing.
- to share your information with its business partners for commercial purposes;
- to a party if it believes that it is required by law or by a court to do so;
- if Earth Touch believes that this is necessary to prevent or lessen any unlawful or harmful actions.
- These terms constitute the sole record of the agreement between the user and Earth Touch in relation to the website and purchase of the products through the website. Neither the user nor Earth Touch is bound by any express, tacit or implied representation, warranty, promise nor the like not recorded herein.
- Earth Touch may cede, assign and delegate all or any of its rights and obligations in terms of these terms to any third party. The user may not cede, assign or delegate any of its rights or obligations without Earth Touch's prior written consent.
- These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
- For the purposes of this agreement:
- "day" means a calendar day;
- "business day" means any day other than a Saturday, Sunday or South African Public Holiday;
- whenever any number of days is prescribed, it excludes the first and includes the last day unless the last day falls on a Saturday, Sunday or South African public holiday in which case the last day will be the next succeeding business day.
- Any reference to a price or an amount on the website means that amount is exclusive of value-added tax unless specified otherwise.