Terms & Conditions - F.L.A.G. African Curio, Gift and Souvenir Suppliers, African Wholesaler representatives of handmade crafts

Introduction

Welcome to Fine Line Agencies Group ("FLAGSA") website. FLAGSA maintains this site. Please read these terms of use carefully before using this site as by using this site, you signify that you agree to these terms of use. If you do not agree to be bound by these terms of use, please do not use this website. it is suggest that you read the Electronic Communications and Transactions Act, 2002 No. 25 of 2002 which supports this document.

1. Disclaimers/ Warranties
1.1 This website is provided to you without any warranties or guarantees unless specifically stated. FLAGSA cautions you that all the information contained in this website, including but not limited to details of products, price lists, brochures, digital images, is intended for general information purposes only and although care is taken, information may contain errors or be incomplete or become outdated.
1.2 While FLAGSA has made all reasonable efforts to ensure that the information on this website is correct at the time of inclusion, FLAG shall not be liable to any person or entity for use or reliance of any inaccurate information or opinions contained herein.
1.3 Where reference is made to manufacturers and wholesalers it is recommended that prospective users liaise directly with FLAG to confirm any information that they seek to rely on.
1.4 Any such reference made by FLAGSA to any company or other entity or to their services or product is not an endorsement nor should it be construed as such endorsement of the quality or fitness of purpose of that company or entity or its services or products.
1.5 To the best of our knowledge all information that is included in this site was correct at the time of publication. However, information is subject to change and Fine Line Agencies Group, their manufacturers and wholesalers can under no circumstances accept liability for inaccurate information conveyed.

2. Use of Website
We retain all rights, title and interest in and to all information displayed on this website, unless indicated otherwise except in the case of 3.2 where copyright subsist with the original owners of the trade names, photographs and intellectual property. FLAGSA will protect their rights in whatsoever way deemed necessary.
2.2 You shall not use this website for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person or any statutory legislation.
2.3 You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.
2.4 You hereby indemnify FLAGSA and hold it harmless against any costs, claims, losses and damages (including legal fees on an attorney and own client scale) incurred by, suffered by, or awarded against FLAGSA as a result of your misuse of this website or your breach of these Terms of Use.
2.5 You acknowledge that absolute security of this site, or transactions performed on it, is not possible. FLAGSA has the right to take whatever action it considers appropriate to preserve the security of this site or transactions performed on it. FLAGSA is entitled to suspend your access to this site without notice to you.

3. Intellectual Property Rights
3.1 Please be aware that the content of this site is the property of FLAGSA and its Principals and is protected by South African and international copyright laws. All copyright trademarks (registered, pending or unregistered), business names and other intellectual property rights used as part of this website are vested in FLAGSA and /or its licensor's, Information Service Providers and principals.
3.2 FLAGSA wishes to thank the following individuals, organisations and businesses for the explicit use of their photographs and or sound files, on this site and as per 3.0.

Principals: African Stuff, Game Clothing, HaTs Off to Africa, Into Africa, Magmark®, Magnets4Africa, Mail A Piece, Quillls from Africa, Storytime Africa, Worx of Africa.

Service information suppliers: BuaNews, GCIS, Trudon (Pty) Ltd, SARS, Parcel Track, Cape Town travel, City Partnership, Cape Town Tourism, Media Club of South Africa, Brand SA, Southafricainfo.

Music by sQuare Peach Music, Melodyloops (See license details under Terms & Conditions/music License).

3.3 You acquire no rights in the website other than the limited right to use the website in accordance with these Terms of Use. Except in the case of principal suppliers, listed Information Service Providers.
3.4 You are permitted to print out or download information and content from this website for your own personal, non-commercial use. Images have been disabled to prohibit copying. You may not offer for sale or sell or distribute over any medium, any part of this website or its content. You may not make any part of the website available as part of another website, whether by hyperlink framing on the Internet or otherwise unless you have been authorised to do so in writing by the FLAGSA.
3.5 If you do use the content of this site for unauthorised purposes, or if you use any other intellectual property belonging to FLAGSA and its licensors you will be liable to FLAGSA for any damages it may suffer (which you acknowledge it may suffer) and you may also be liable to criminal prosecution. You indemnify FLAGSA for every single consequence flowing from your unauthorised use of the content of this site and your use of FLAGSA's other intellectual property.

3.6 SEO's Search Engine promoters should take note it is illegal to gather any information from this site for the purpose of listings unless duly authorised by us in writing. It should be noted we do not pay for anything nor do we wish for any SEO entity to contact FLAGSA regarding rankings. We have authorised Google, Bing, www.brabys.com, , to be sole SEO's for the purpose of listing, such listing not being transferrable to a third party or affiliate..

4. Collection of information and privacy
4.1 FLAGSA will not collect any information from users without their express authorisation. FLAGSA recognises that you wish your personal information to remain private. See privacy policy
4.2 You give FLAGSA the right to perform statistical analyses of the personal data provided by you and to use or allow other parties to use such data for research. No personally identifiable information will be willfully disclosed.

5. Links to other sites
5.1 While this website may provide links to other websites, FLAGSA has no control over such sites. Links are provided for convenience only and no endorsement of any party, products or services is expressed or implied.
5.2 FLAGSA accepts no liability for the accuracy or otherwise of any content or security of any activity carried out on other such sites. Your use of such sites is at your sole risk.
5.3 We reserve the right to seek all remedies available by law for your violation of these Terms of Use and or any other rules set forth on this website.

6. Limitation of Liability
6.1 FLAGSA does not accept any liability to you or as required by law whether in contract or delict arising out of or in connection with this website. You accept all responsibility and risk for the use of this website and its contents.
6.2 You shall have no claim against FLAGSA for any damages which may be suffered by you or by any third party from any cause whatsoever, howsoever arising, including, but not limited to any act, omission, default or negligence of FLAGSA, failure by FLAGSA to comply with the privacy policy, breach of security or the terms of use by any person including FLAGSA, your reliance on the content of this site or information or advice provided to you, performance of the software, suspension or interruption of your access to this site, or distortion, corruption or loss of data. Damages shall include direct, indirect, general, special, incidental, punitive and consequential.

7. Jurisdiction Restrictions
7.1 This website is operated by FLAGSA from its offices within the Republic of South Africa. It can be accessed from all countries around the world where the local technology permits.
7.2 Your use of this website and these Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the courts of the Republic of South Africa in respect of all proceedings arising from these Terms of Use and any other terms contained on this website.

8. Security
8.1 FLAGSA has invested and will continue to invest in the best quality security available to guard access to information, data quality and physical security of servers where information is stored. This site has security measures in place to protect against the loss, misuse and alteration of the information under the FLAGSA's control. Despite these efforts, FLAGSA cannot guarantee that a hacker will not obtain access to communications between you and the site.

9. General
9.1 If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any of the remaining provisions.
9.2 These terms of use apply to general use of this site. If specific terms relating to any product or service offered on this site conflict with these terms of use, the specific terms will apply.
9.3 These Terms of Use constitute the entire agreement between you and FLAGSA regarding your access to and use of this website.
9.4 FLAGSA's failure to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision.
9.5 In using this site, you undertake to conform to generally acceptable Internet etiquette and to abide by prevailing law.
9.6 FLAGSA may revise and update these terms of use, so please check them each time you access this site as your continued use of this site means that you accept those revisions and updates.
9.7 In terms of the NCR (National Credit Regulator Act 34 of 2005), NCPA (National Consumer Protection Act 68 of 2008, FLAGSA does not grant credit to individuals or businesses. This is conducted by the principal suppliers on this site and at their sole descretion and according to their individual SOP (Standard Operating Practice). The credit granted is business to business credit and not business to individual. All suppliers have the right to refuse terms of credit based on poor credit records or payment performance. All business customers have the right to negotiate terms and payment as per NCPA guidelines.
9.8 Principal suppliers may not force any business customer to buy ranges under threat of non-supply if they purchase from another supplier as per guidelines in the NCPA, a copy of which is available on this site under Online Services/Download Central.
9.9 The business customer has the right to return all defective goods, incorrectly labelled goods (Notice 2410 of 2000) and as per the guidelines in the NCPA, DTI Labelling a copy of which is available on this site under Online Services/Download Central.

10. e-ordering
e-ordering is covered under T & C's e-ordering under the Terms and Conditions menu with full expositions and examples and forms part of the full terms and conditions of this site.
Updated RSA 2011-09-03
Amendments 10.