www.dvsngear.com (hereinafter referred to as “dvsngear.com”).
INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to nutritechfit.com and as such are protected from infringement by local and international legislation and treaties.
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither dvsngear.com 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 this web site or the services or content provided from and through this web site. Furthermore, dvsngear.com 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.
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 dvsngear.com that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of nutritechfit.com and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
Neither dvsngear.com, nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from incorrect use, use contrary to medical advice, or use contrary as recommended by manufacturer, or inability to use any product sold on this website. dvsngear.com.com and its agents cannot be held liable for damages (direct and consequential damages), of any nature (financial or any other), that were incurred due to events or circumstances outside their direct and reasonable control.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on dvsngear.com however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, sizes or other content available on dvsngear.com are accurate, complete, reliable, current, or error-free.
We grant the user a limited, revocable, and non-exclusive license to access and make personal use of dvsngear.com. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the website or any portion thereof; (ii) modify or download the website or content (except caching or as necessary to view the website); (iii) make any use of the website or content other than personal use; (iv) create any derivative work based upon either the website or content; (v) collect account information for the benefit of the user or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant the user a limited, revocable, and non-exclusive license to create a hyperlink to the home page of dvsngear.com for personal, non-commercial use only. A website that links to dvsngear.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark; and (vii) may not link to any page of nutritechfit.com other than the home page. We may, in our sole discretion, request that the website removes any link to dvsngear.com, and upon receipt of such request, such link shall be immediately removed.
The user agrees to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from his use of dvsngear.com. He also agrees to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from his use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action he takes that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding dvsngear.com, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of RSA, as if the Terms & Conditions were a contract wholly entered into and wholly performed within RSA. Any dispute relating in any way to the user’s visit to dvsngear.com shall be submitted to confidential arbitration in RSA, except that, to the extent he has in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and he consents to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing in the RSA. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
CHANGES TO AGREEMENT AND TERMINATION
Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require the user’s performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.