This website, www.business-success.co.za (referred to as “Site” or “Website”) is operated by Barnard Gilfillan (Pty) Ltd.
Throughout the site, the terms “we”, “us” and “our” refer to Barnard Gilfillan.
Barnard Gilfillan offers this Website, including all information, tools, articles, resources, materials, services, events, and products (referred to as “Services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (referred to as “Terms and Conditions” or “Terms of Service” or “Terms”), including those additional terms and conditions, and policies referenced herein and/or available by hyperlink.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, affiliates, merchants, partners and/or contributors.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions.
If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.
Any new features, tools, services, products, or tools which are added to the current Website shall also be subject to the Terms and Conditions.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not:
- You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Solicit others to perform or participate in any unlawful acts.
- Publish any Website material in any other media without permission from the Website owners.
- Sell, sublicense, and/or otherwise commercialize any Website material, including any Services you purchased on the Website.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Use this Website in any way that is or may be damaging to this Website.
- Transmit any worms or viruses or any code of a destructive nature that will affect the functionality or operation of the Website or Service, or of any related website, other websites, or the Internet.
- Use this Website in any way that impacts user access to this Website.
- Use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any member, person, or business entity.
- Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website.
- Use this Website to engage in any advertising or marketing, without direct written permission from the Website owners.
- Engage in harassment, hate speech, bullying, abuse, insult, harm, defamation, slander, intimidation, or discrimination and/or make degrading comments about people, companies, gender, sexual orientation, culture, religion, ethnicity, race, age, national origin, and/or disability.
- Promote or discuss get any rich quick schemes, multi-level marketing, and/or any digital currency opportunities.
- Share or collect other members’ or users’ personal information without their written consent.
- Submit false or misleading information, including creating fake profiles.
- Spam, phish, pharm, pretext, spider, crawl, or scrape on our website or any of our members or users at any time.
- Use the Website or any Services for any obscene or immoral purpose
- Interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
Certain areas of this Website are restricted from being access by you and Barnard Gilfillan may further restrict access to any areas of this Website, at any time, at their discretion.
We reserve the right to terminate your use of the Website or Service or any related website for violating any of the prohibited uses.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Service is provided, without express written permission by us.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We may in the future offer new products, services and/or features through the website (including, the release of new tools and resources). Such new products, features and/or services shall also be subject to these Terms of Service.
SECTION 3 – PRICES AND EXCHANGE RATE
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Services.
Barnard Gilfillan accepts no liability in the case of the price you pay for Services in another currency after checkout being different to the approximate price displayed on our Site.
SECTION 4 – PRODUCTS AND SERVICES
Certain Services may be available exclusively online through the website.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
Some Services may have limited quantities, and we reserve the right to limit the quantities of any Services that we offer.
All descriptions of Services or Services pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any Services at any time. Any offer for any Service made on this site is void where prohibited.
We do not warrant that the quality of any Services or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot however guarantee that your computer monitor’s display of any color will be accurate.
SECTION 5 – ACCURACY OF BILLING
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or any other unauthorized individual or company.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address, phone number, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 6 – PROFILE AND ACCOUNT INFORMATION
Due to the features available on our site you may have the option to share and/or display your public profile information to other registered members, at your discretion.
Certain information you submit on your profile, such as, but not limited to, names, company, position, interests, skills, bio, website address, social media links, and/or answers to surveys is not considered personal information, and we reserve the right to display that information on your public profile, if applicable.
You understand that may at your discretion choose to hide your profile in the account section of your profile.
SECTION 7 – THIRD PARTY LINKS
Certain content, products, and services available via our Services may include materials from third-parties or links to third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party products, services, materials, or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, but not limited to, contest entries and survey responses) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us.
We are and shall be under no obligation to
- maintain any comments in confidence, or
- pay compensation for any comments, or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Website, or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 – INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these terms, Barnard Gilfillan and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
SECTION 10 – CONSENT
When you register on this Site, you consent to sharing your personal information.
You have the option to share your information, or display certain information, to other members.
SECTION 11 – CONTENT
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, comments, images, or other material or information you choose to display on this Website.
By displaying Your Content, you grant Barnard Gilfillan a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights.
Barnard Gilfillan reserves the right to remove any of Your Content from this Website at any time without notice.
SECTION 12 – YOUR PRIVACY
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to our Services’ content, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Services or on any related website, including without limitation, pricing information, except as required by law.
SECTION 14 – WARRANTEES
Barnard Gilfillan express no representations or warranties, of any kind related to this Website or the Services or content contained on this Website.
We do not guarantee, represent, or warrant that your use of our Website, Service and Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website, Service or Services will be accurate or reliable.
You agree that from time to time we may remove Services or the Service for indefinite periods of time or cancel the Service or any Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service or Services is at your sole risk.
All Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 15 – LIMITATION OF LIABILITY
In no case shall Barnard Gilfillan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or Services, or for any other claim related in any way to your use of the Service or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content, or Services posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Barnard Gilfillan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – ENFORCEMENT OF THESE TERMS
If for some reason you believe that anyone is not adhering to the principals we have outlined in these Terms and Conditions, please notify us and we will do our best to promptly address any issues.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us.
You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service and Services we provide constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions constitute the entire agreement between Barnard Gilfillan and you in relation to your use of this Website and supersede all prior agreements and understandings.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any separate agreements will be governed by and interpreted in accordance with the laws of The Republic of South Africa, and you submit to the non-exclusive jurisdiction of the courts located in Johannesburg North, Gauteng, South Africa for the resolution of any disputes.
SECTION 22 – VARIATION OR CHANGE OF TERMS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website.
It is your responsibility to check our Website periodically for changes.
Your continued use of or access to our Website, Services or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 23 – ASSIGNMENT
You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
SECTION 23 – TITLES AND SUBTITLES
The titles and sub-titles used in this policy are used for convenience only and are not considered in construing or interpreting this policy.
SECTION 24 – CONTACT US
For more information about our Terms and Conditions, or if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org.