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Terms of Use
Effective Date: 19/4/2023
Please read these Terms of Use carefully before using the Bikalot website ("Site") and any associated services, applications, or products offered by Bikalot (Pty) Ltd ("Bikalot", "we", "us", or "our"), the authorized importer of Pit Viper products in South Africa. These Terms of Use apply to all users of the Site and are a legally binding agreement between you and Bikalot.
By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any applicable laws and regulations, including South African law, e-commerce, retail, and international brand legislation. If you do not agree to these Terms of Use, please do not use the Site.
To access and use the Site, you must be at least 18 years old and have the legal capacity to enter into this agreement. By using the Site, you represent and warrant that you meet these eligibility requirements.
Please review our Privacy Policy, which governs the collection, use, and disclosure of personal information through the Site. By using the Site, you agree to the terms of our Privacy Policy and consent to our collection, use, and disclosure of your personal information in accordance with the Privacy Policy.
All content, including text, graphics, logos, images, and software, on the Site is the property of Bikalot or its licensors and is protected by South African and international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content on the Site for any commercial purpose without the express written permission of Bikalot.
Bikalot grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to:
All products offered for sale on the Site are subject to availability. We reserve the right to limit the number of products we supply, and/or to refuse or cancel any order. In the event of a pricing error, we reserve the right to correct the error, charge the correct price, or cancel the order.
Payment must be made by an accepted method, as indicated on the Site. Prices displayed on the Site are in South African Rand (ZAR) and include Value Added Tax (VAT). Shipping fees, taxes, and other charges are not included in the product price and will be added to your total during checkout.
Please refer to our Returns and Refunds Policy for information on returning products and obtaining refunds.
The Site and all information, content, materials, products, and services included on or otherwise made available through the
Site are provided on an "as is" and "as available" basis, unless otherwise specified in writing. Bikalot makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, products, or services included on or otherwise made available through the Site, unless otherwise specified in writing.
To the full extent permissible by applicable law, Bikalot disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bikalot does not warrant that the Site, information, content, materials, products, or services included on or otherwise made available through the Site, or its servers, or electronic communications sent from Bikalot are free of viruses or other harmful components.
In no event shall Bikalot, its directors, officers, employees, agents, or suppliers be liable for any direct, indirect, incidental, punitive, or consequential damages, or any damages whatsoever, resulting from the use or inability to use the Site, or the performance or non-performance of any products or services provided through the Site, even if Bikalot has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Bikalot, its directors, officers, employees, agents, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use of the Site (including, but not limited to, negligent or wrongful conduct).
These Terms of Use shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in South Africa for any legal action arising out of or relating to these Terms of Use or your use of the Site.
Bikalot reserves the right to modify these Terms of Use at any time without prior notice. Your continued use of the Site following any modification constitutes your acceptance of and agreement to be bound by the modified Terms of Use. It is your responsibility to review these Terms of Use periodically for any changes.
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
If you have any questions, concerns, or comments regarding these Terms of Use, please contact us using the contact information provided on the Site.
These Terms of Use, together with our Privacy Policy, Returns and Refunds Policy, and any other policies or terms referenced herein, constitute the entire agreement between you and Bikalot and govern your use of the Site, superseding any prior agreements between you and Bikalot.
Bikalot reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Reasons for termination may include, but are not limited to, breach of these Terms of Use or engaging in any prohibited activities as outlined in Section 5.
No waiver by Bikalot of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bikalot to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Bikalot shall not be liable for any failure to perform or delay in performance of any obligation under these Terms of Use due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or disruptions in transportation, communication, or power supply.
You may not assign or transfer your rights and obligations under these Terms of Use without the prior written consent of Bikalot. Bikalot may assign or transfer its rights and obligations under these Terms of Use without restriction and without notice to you.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Bikalot is not responsible or liable for the content, products, services, or other materials on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bikalot of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Any feedback, comments, or suggestions you may provide regarding the Site or Bikalot's products and services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation or compensation to you.
When you visit the Site or send emails to Bikalot, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All notices and other communications required or permitted under these Terms of Use shall be in writing and shall be deemed given when delivered personally, sent by registered mail, or sent by email to the address specified for Bikalot on the Site, or to the email address you provided during your registration on the Site, as applicable.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products or services through the Site. Bikalot reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Bikalot or through the Site, shall be submitted to confidential arbitration in South Africa, except that, to the extent you have in any manner violated or threatened to violate Bikalot's intellectual property rights, Bikalot may seek injunctive or other appropriate relief in any court in South Africa, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted in accordance with the prevailing rules and procedures of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Bikalot makes no representation that materials on the Site are appropriate or available for use in locations outside South Africa, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section headings used in these Terms of Use are for convenience only and do not have any legal or contractual effect.
These Terms of Use and all related documents and communications shall be in English. In the event of any inconsistency between the English version and any translated version, the English version shall prevail.
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any applicable laws and regulations. If you do not agree to these Terms of Use, please do not use the Site.
For any questions or concerns related to the Site, products, or services, please contact Bikalot's customer support using the contact information provided on the Site. We strive to address your inquiries promptly and effectively.
Bikalot may occasionally offer promotions or discounts on the Site. Such promotions and discounts may be subject to additional terms and conditions, which will be specified at the time of the promotion or discount. You agree to be bound by any additional terms and conditions applicable to such promotions or discounts.
You may have the opportunity to post, transmit, or share content, such as reviews, comments, or other materials, on the Site. By submitting or posting such content, you grant Bikalot a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all the rights to the content that you post or submit, and that the content is accurate, does not violate these Terms of Use or any applicable laws, and will not cause injury to any person or entity. Bikalot has the right, but not the obligation, to monitor, edit, or remove any content. Bikalot takes no responsibility and assumes no liability for any content posted or submitted by you or any third party.
If you believe that your intellectual property rights have been infringed by any content on the Site, please notify Bikalot's designated agent for receiving notices of claimed infringement, providing the following information:
The Site may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser's or sponsor's materials.
These Terms of Use, together with our Privacy Policy, Returns and Refunds Policy, and any other policies or terms referenced herein, constitute the entire agreement between you and Bikalot with respect to your use of the Site and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to such subject matter.
In the event of any conflict between these Terms of Use and any other terms or conditions applicable to a particular feature or service of the Site, these Terms of Use shall control unless expressly stated otherwise in the specific terms and conditions for such feature or service.
Any provision of these Terms of Use that, by its nature, should survive termination or expiration of these Terms of Use (including, but not limited to, provisions related to intellectual property, warranty disclaimers, indemnification, and limitations of liability) shall remain in full force and effect after any termination or expiration of these Terms of Use.
Nothing in these Terms of Use shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and Bikalot. You and Bikalot are independent contractors with respect to your use of the Site.
Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
In the event that any provision of these Terms of Use is determined to be ambiguous or unclear, such provision shall be interpreted in a manner that best reflects the original intent of the parties as expressed in these Terms of Use.
We reserve the right to amend these Terms of Use at any time without prior notice. Your continued use of the Site after any such amendment constitutes your acceptance of the amended Terms of Use. It is your responsibility to periodically review these Terms of Use for any changes.
You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of Bikalot that is not set out in these Terms of Use or any document expressly referred to in them.
If you have any questions regarding these Terms of Use or your use of the Site, please contact us using the contact information provided on the Site. We will endeavor to respond to your inquiries as quickly as possible.
Thank you for visiting and using the Bikalot website. We hope you enjoy your experience and find the perfect Pit Viper products for your needs.