Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of Fusion Formulations: +27 12 346 4892.
Web site: www.fusionformulations.com
1. USAGE
1.1 Persons using the Fusion Formulations web site for any reason whatsoever, subject themselves to and agree to the terms and conditions of Fusion Formulations when accessing the web site as set out below.
1.2 This web site is intended to provide the user with information regarding Fusion Formulations, its products offered and/or services rendered.
1.3 Users that wish to use content from this site for any purpose may only do so with prior written permission.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Fusion Formulations, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
3.1 The full address of the web site owners are detailed hereunder.
3.2 The web site address of this web site is: www.fusionformulations.com.
3.3 Membership of self-regulatory or accreditation bodies: NONE
3.4 Codes of conduct to which this web site subscribes: NONE
3.5 Physical address for receipt of service:
PO Box 2093
Groenkloof
Pretoria
0027
South Africa
4. AGREEMENT
4.1 Fusion Formulations may remove any service rendered and/or services offered from its website at its sole discretion if no documents are available.
4.2 An agreement between Fusion Formulations and a user shall only come into effect if and when:
4.2.1 An electronic transfer is reflected on Fusion Formulations's bank statement.
4.2.2 A direct deposit, cheque or cash is reflected on Fusion Formulations's bank statement.
4.2.3 An acknowledgement of the transactions concluded has been sent to you, the user.
4.3 Fusion Formulations reserves the right to refuse to accept and/or execute an order without giving any reasons therefor. Fusion Formulations also reserves the right to cancel orders in whole or in part in Fusion Formulations's sole and absolute discretion. Fusion Formulations shall only be liable to refund monies already paid by the user.
4.4 By using this web site or communicating with Fusion Formulations by electronic means, the user consents and acknowledges 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".
5. CHANGES AND AMENDMENTS
5.1 Fusion Formulations expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
5.2 Fusion Formulations reserves the right to change and amend the prices and rates quoted on this web site without any notice.
5.3 The user undertakes to check Fusion Formulations frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
6. PRIVACY POLICY
6.1 Fusion Formulations protects the user's privacy:
6.2 No personal information will be disclosed to third parties without the user's permission or due process.
6.3 Fusion Formulations gathers and will be in possession of the following private and personal information:
6.4 Information provided by the user voluntarily - this information is used to provide a better service to users;
6.5 Information automatically provided (e.g. cookies) - this information is gathered to better your browsing and interaction with Fusion Formulations. Cookies cannot harm your computer or carry viruses; and
6.6 By using this web site the User consents to the following:
6.6.1 Fusion Formulations may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and
6.6.2 Fusion Formulations may use user's information for non-personal statistical purposes.
6.6.3 Fusion Formulations retains the copyright in databases of personal information of users.
7. LINKING AND FRAMING
7.1 It is expressly prohibited for any person, business, entity or web site to link to any page on this web site, including the home page, without the prior written approval of Fusion Formulations.
7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of Fusion Formulations.
8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
8.1 No information or data on this web site is an offer, but merely an invitation to do business.
8.2 No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site.
9. SEARCHING TECHNOLOGY
9.1 The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 5 to 8 hereof.
10. LINKS TO THIRD PARTY SITES
10.1 Fusion Formulations may provide links to the user only as a convenience and the inclusion of any link does not imply Fusion Formulations's endorsement of such sites.
10.2 Linked web sites or pages are not subject to the control of Fusion Formulations. Fusion Formulations shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site
11. SECURITY OF INFORMATION
11.1 All reasonable steps will be taken to secure a user's information.
11.2 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that Fusion Formulations should suffer any damage or loss, civil damages will be claimed.
12. DISCLAIMER
12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Fusion Formulations shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Fusion Formulations makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
12.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements.
It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Fusion Formulations that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Fusion Formulations and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
12.4 All items purchased from Fusion Formulations are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Fusion Formulations to such agents upon delivery of any item to such carrier.
12.5 Neither Fusion Formulations nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
12.6 Fusion Formulations does not warrant that documents created by using this website shall render a website totally compliant if such a site will be in future or is subject to compliance with other laws. Fusion Formulations only warrants compliance in terms of chapter 7 of the Electronic Communications and Transactions Act and section 51 of the Promotion of Access to Information Act.
13. SEVERABILITY
13.1 These Terms and Conditions of Use constitute the entire agreement between Fusion Formulations and you, the user of this web site. Any failure by Fusion Formulations to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
13.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
14. APPLICABLE AND GOVERNING LAW
14.1 Subject to clause 15, this web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions.
15. ARBITRATION AND DISPUTE RESOLUTION
15.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Fusion Formulations, then such a dispute shall be submitted for mediation and/or arbitration.
16. CONTACT INFORMATION / DOMICILIUM CITANDI ET EXECUTANDI
16.1 If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Postal Address:
PO Box 2093
Groenkloof
Pretoria
0027
South Africa
Email: info@fusionformulations.com |
