Please take a few minutes to look over our Terms and Conditions because by using our site you automatically agree to them. If you do find that you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time.
Please continue to check for changes to our terms and conditions! Your continued use of the KINDERLOVE site means that you accept those changes.
Member account, password and security
You will receive a username and password upon completing the KINDERLOVE registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KINDERLOVE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KINDERLOVE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Limitation of Liability
KINDERLOVE will not be liable for any damages or injury that accompany or result from your use of any of its site. These include (but are not limited to) damages or injury caused by any:
- use of (or inability to use) the site,
- use of (or inability to use) any site to which you hyperlink from our site,
- failure of our site to perform in the manner you expected or desired,
- error on our site,
- omission on our site,
- interruption of availability of our site,
- defect on our site, delay in operation or transmission of our site,
- computer virus or line failure.
KINDERLOVE may contain links to other websites, web pages or other Internet based content or services or references to content or services not Internet based. Unless the website, web page, content or service to which we have provided a link is held, administered or otherwise offered by us and is subject to the provisions of these Terms and Conditions, we shall have no responsibility or liability for the content or services provided, which remains with the relevant content or service provider. The existence of a link or reference from the Website to any other website, web pages or other content or service does not constitute our endorsement, recommendation or approval.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information or content (“submissions”) that you send to KINDERLOVE through our site are licensed in terms of the Content Licensing provisions set out below. We don’t regard your submissions as confidential so please do not send us anything which is confidential. The submissions are published on the site, which is public, as part of the usual operation of the site.
Your use of this website and reliance on any website materials available on this website is entirely at your own risk. This website, including all website materials, is provided “as is”.
KINDERLOVE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information or work contained in, displayed on, linked to or distributed through this website or the website materials. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. KINDERLOVE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website and the website materials.
Information, ideas and opinions expressed on this website and in the website materials should not be regarded as professional advice or the official opinion of KINDERLOVE and you are strongly advised to seek professional advice before taking any course of action related to them.
To the fullest extent permissible by law, KINDERLOVE disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the website materials. KINDERLOVE does not warrant that the functions contained in this website or the website materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that this website or the website materials or the server that makes them available is free of viruses or other harmful components. KINDERLOVE does not warrant that this website or the website materials will provide specific results from use of this website or the website materials or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
Whilst KINDERLOVE takes reasonable precautions in its operation of this website, neither KINDERLOVE nor its agents or representatives will assume any responsibility and neither KINDERLOVE nor its agents or representatives (in whose favour this constitutes a stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of this website or the website materials or your downloading of any materials, data, text images, video or audio from this website or the website materials. Any material downloaded or otherwise obtained through the use of this website or the website materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You further agree that –
- under no circumstances whatsoever, including as a result of KINDERLOVE‘s negligent acts or omissions or those of its servants, agents or contractors or other persons for whom in law KINDERLOVE may be liable, shall KINDERLOVE or its servants, agents or contractors or other persons for whom in law KINDERLOVE may be liable (in whose favour this constitutes a stipulation for another) be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any infringement of your intellectual property rights, loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the website or the website materials.
- notwithstanding the law of prescription, you agree that no claims or legal action arising out of, or related to, the use of this website, the website materials or these terms and conditions of use may be brought by you more than 1 (one) year after the cause of action relating to such claim or legal action arose.
You hereby indemnify KINDERLOVE and its officers, directors, employees, servants, agents or contractors or other persons for whom in law KINDERLOVE may be liable (in whose favour this constitutes a stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this website or the website materials or your breach of these terms and conditions of use.
KINDERLOVE is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on KINDERLOVE servers.
Links to and from this website to other websites belonging to or operated by third parties do not necessarily constitute an endorsement by KINDERLOVE of such linked websites or their contents nor do they constitute any association by KINDERLOVE with their owners or operators. KINDERLOVE has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.
Copyright in and to the submissions submitted to and contained on this website vests in the author of those submissions.
The submissions are licensed to KINDERLOVE under a Creative Commons Attribution No Derivatives 3.0 license (unported). You can find out more about this license at http://creativecommons.org/licenses/by-nd/3.0/
The submissions are licensed to visitors to the KINDERLOVE site under a Creative Commons Non-commercial Share Alike 3.0 (unported) license. You can find out more about this license at http://creativecommons.org/licenses/by-nc-sa/3.0/
This website can be accessed at www.Kinderlove.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Kinderlove Online (RF) (Proprietary) Limited (“Kinderlove”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods baby and toddler products and toys (“Goods”).
Kinderlove allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Kinderlove will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Kinderlove. This will be made clear in the relevant clause.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Kinderlove or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Kinderlove or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Kinderlove to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Kinderlove in terms of the CPA.
Kinderlove permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
These Terms and Conditions are divided into three sections, as follows:
Part A – Orders and Sales;
Part C – General Legal Terms.
Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Kinderlove. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Kinderlove immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Kinderlove representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Kinderlove representative.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Kinderlove or the Third Party Seller may accept or reject. Whether or not Kinderlove or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Kinderlove for the Goods.
NOTE: Kinderlove or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Kinderlove or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Kinderlove stating that your order or payment has been confirmed. Kinderlove will indicate the rejection of your order (by Kinderlove itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Kinderlove or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Kinderlove, Kinderlove will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Kinderlove will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
In the case of Goods for sale by a Third Party Seller, Kinderlove relies on inventory information supplied by the relevant Third Party Seller and Kinderlove accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
Certain products may not be purchased for re-sale. Should we suspect that such products are being purchased for this purpose, we are entitled to cancel your order immediately without notice to you.
Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by Kinderlove or a Third Party Seller, payment can be made for Goods via – debit card;
credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
You may contact us via email at support@Kinderlove.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
Delivery of goods
Kinderlove offers 1 (one) method of delivery of Goods to you and that is via courier. Please note that should you not choose the correct delivery option for your area Kinderlove reserves the right to increase your delivery fee and reinvoice you before delivery.
Where it accepts your order, Kinderlove or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 10 (ten days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price. Kinderlove’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Kinderlove is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Vouchers & Coupons
Kinderlove may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Kinderlove products. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Vouchers that are purchased by registered users are valid for 3 years after Sale. Vouchers that Kinderlove gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods. Kinderlove is not responsible for any loss or unauthorised use of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
Coupons are issued in Kinderlove’s sole discretion and we reserve the right at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per person per promotion/campaign on the Website;
a Coupon must be used at check-out – it cannot be used later on existing orders; and
the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact support@Kinderlove.co.za to confirm if the Coupon is still valid. If the coupon is still valid, you can choose whether to cancel the order and place it again with the Coupon, or you can complete the current order and use the Coupon on your next order.
Kinderlove is not responsible for any loss or unauthorised use of a Coupon.
Third Party Sellers
Kinderlove will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Kinderlove only provides the platform to facilitate transactions between Third Party Sellers and Kinderlove customers. Kinderlove is neither the buyer nor the seller of these items unless otherwise specified. The sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Kinderlove is not a party to that sale. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required. Because Kinderlove wants the registered user to have a safe and consistent experience, Kinderlove will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Kinderlove’s own Returns Policy. Should such claim escalate into being a dispute, although Kinderlove reserves the right to become involved in an attempt to resolve it, Kinderlove is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
your name and surname;
your email address;
your physical address;
your mobile number; and
your date of birth.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Subject to clause 12.6 below, we will not, without your express consent:
use your personal information for any purpose other than as set out below:
in relation to the ordering, sale and delivery of Goods;
to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
disclose your personal information to any third party other than as set out below:
to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and
to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 11 above).
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
We will –
treat your personal information as strictly confidential;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Kinderlove undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Kinderlove reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
The Kinderlove eReader is based on Adobe software. When you use the Kinderlove eReader, you agree that your data may be collected by and transmitted to Adobe via the Kinderlove eReader.
Changes to these Terms and Conditions
Kinderlove may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Kinderlove, its advertisers and/or sponsors and/or is licensed to Kinderlove.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 0861 222 989 or e-mail support@Kinderlove.co.za.
Where any of the Website Content has been licensed to Kinderlove or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Kinderlove takes reasonable measures to ensure that the content of the Website is accurate and complete, Kinderlove makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. Kinderlove disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Kinderlove, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Kinderlove also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Kinderlove, its employees, agents or authorised representatives. Kinderlove thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Kinderlove is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
Kinderlove cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Kinderlove, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to support@Kinderlove.co.za
KINDERLOVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY KINDERLOVE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
Kinderlove may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Kinderlove will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Kinderlove reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Kinderlove to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Kinderlove, in whole or in part, on notice to you. Kinderlove shall only be liable to refund monies already paid by you (see Kinderlove’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Kinderlove.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Kinderlove, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 20 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Kinderlove hereby selects 8 Edenbrook, Protea Place, Morningside Manor ext 2, Sandton as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Kinderlove may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Kinderlove not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent – by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Kinderlove may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Kinderlove to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Kinderlove and no other warranty or undertaking is valid, unless contained in this document between the parties.