Terms of Service-Thelma's VA Services
By visiting Thelma’s VA Services, you are consenting to our terms of service (the “Terms of Service”)
Henceforth, the terms “I”, “me”, “my”, “us”, and “our” refer to Thelma’s VA Services (the “Company”). The term the “Site” refers to thelmasvaservices.co.za
Henceforth the term “user”, “you” and “your” refers to site visitors, customers and any other users of the site.
The use of the Site, including all events presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service. These Terms of Service apply to all site visitors, customers, all other users of the Site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge of reading it.
Use of the Site and Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter these Terms of Service. Children under the age of 18 are prohibited from using the Site.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You will not be allowed to post or transmit through the Site any material which violates or infringes the rights of the owners, others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
In order to use the Service, you may be required to provide information about yourself or company which includes your name, email address, and or any other personal information. You agree that any registration information you provide on the Site will always be accurate, correct and up to date.
Refusal of Service
We reserve the right to refuse service to any person or entity, without the obligation to assign a reason for doing so. No order or request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order or request after a payment has been processed, we will refund your money.
Our Intellectual Property
The Site and Service contain intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel”.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent.
We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us with your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions of the Site and list the effective dates on the pages of our Terms of Service.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, with limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service.
Effect of Headings
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement Waiver
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersede all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by the Company shall be deemed, or shall constitute a waiver of any other provision, whether similar nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.
Governing Law and Mediation
The Terms of Service shall be governed by the laws of South Africa, and any disputes arising from it must be handled exclusively in the courts located in Cape Town. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation, which shall be conducted under the then current mediation procedures upon which the parties may agree. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties, successors. These Terms and Service are not assignable, delegable, sublicensable or otherwise transferable by You. Any transfer, assignment, delegate or sublicense by you is invalid.
Copyright 2019 | Thelma’s VA Services
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