Terms of Service

Terms of Service

Introduction

  1. What these terms cover: These Terms and Conditions of Sale ("Terms"), together with all information and documents referred to in them, govern all sales of products ("Products") by us through this website (the "Website") to you.
  2. Why you should read them: Please make sure you have read these Terms carefully, especially the limitations of our liability, before placing an order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  3. Acceptance of these terms: By placing an order for a Product through the Website, you agree to and accept these Terms.
  4. Eligibility: To register with and purchase Products via the Website, you must be aged 18 years or over and have a postal address in the Republic of South Africa.
  5. We may amend these Terms from time to time: Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time.

About Us

  1. This Website is owned by Movable Activewear (Pty) Ltd, a company registered in the Republic of South Africa (Company Number: 2018/410391/07) whose registered office is at P.O. Box 3306 Bedfordview, Gauteng, 2008. 
  2. Our Vat Registration Number is 4530298332.

Accessing our Website

  1. You agree that you will only use the Website for your own personal, non-commercial use.
  2. You declare that by using this Website, you are 18 years or older.
  3. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
  4. You are responsible for ensuring that you have all hardware and software necessary in order to access the Website. You should use your own virus protection software when accessing the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  5. You agree that you will not:
    • use the Website to in any way infringe the privacy or other rights of other users of the Website or any third party;
    • use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
    • do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately;
    • do anything that subjects the Website or us to any derogatory treatment or brings (or might bring) the Website or us into disrepute;
    • data mine, screen or web scrape or crawl this Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent;
    • misuse or do anything that disrupts all or any part of the Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or
    • state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to the Website.
  6. We do not guarantee that the Website will be secure or free from bugs or viruses.

Our Content

  1. All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trade marks, logos and other content available on this Website (“Content”) are owned by us or used with permission.
  2. Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. Our status (and that of any identified contributors) as authors of the Content must always be acknowledged. You may not post or redistribute any portion of our Website unless you have a license from us to do so. We retain full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
  3. You may not change any of the notices regarding copyright, trade marks or other marks that may accompany the Content. You may link to the home page of our Website, but may not use our Content in your own site. You may not deep link (i.e. link to any page other than the home page) to our Website or frame our Website on other websites without our specific written permission.
  4. If you print-off, copy or download the Content in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

Liability

  1. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, the Website; or
    • use of or reliance on any content displayed on the Website.
  2. If you are a business user, please note that in particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  3. Please note that we only provide the Website for domestic and private use. You agree not to use our Website for any commercial or business purposes.
  4. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
  5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
  6. Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
  7. This Website may refer to products or services of third parties or link to third party sites or information. We do not endorse or make any warranties or representations about those products or services and accept no responsibility for the content of websites linked on our Website. Any links to other websites are provided for your convenience only. We will not be liable for any loss or damage that may arise from your use of them. You need to make your own decision as to whether to use third party products, services and websites.
  8. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
  9. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Conditions of Sale.

Events Beyond our Control

We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, pandemics, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.

Indemnification

You agree to indemnify, defend and hold harmless Movable Activewear (Pty) Ltd 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.