1. WEBSITE TERMS AND CONDITIONS OF USE

1.1 This document sets out the terms and conditions of use of our website, social media site or any other electronic platform owned by us (referred to herein as “Our Sites” or the “Sites”) and regulates your use thereof.
1.2 We shall refer to ourselves in this document as “we”, “us, “our” or the “Company”.
1.3 Our Sites are used for marketing, information and other purposes.
1.4 Should any person that accesses the Sites (herein referred to as “you” or “user”) disagree with any of the Terms, you must refrain from accessing the Sites and/or using our services.
1.5 If you are under the age of 18, you must obtain your parent’s or legal guardians’ advance authorisation, permission, and consent to be bound by these Terms before purchasing any products or services.
1.6 House & Haven reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on Our Sites.
1.7 Each time a user accesses Our Sites and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by House & Haven from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Sites.
1.8 The collection of your personal information is subject to and is regulated by our privacy policy (“Privacy Policy”) which can be accessed and/or viewed on our Site from time to time.
1.9 The provision of our products and/or services may be subject to separate terms and conditions of sale (“T’s&C’s”), which can also be accessed and/or viewed from our official Sites from time to time or as may be provided to you with our products or services from time to time.
1.10 If there is anything in these Terms you do not understand, please contact us as soon as possible.

2. CONTENT OF THE SITES

2.1 House & Haven reserves the right to make improvements, to change or discontinue, without notice, any aspect or feature of the Sites and any information or content on the Sites.
2.2 House & Haven reserves the right to change and amend the products, prices and rates quoted on the Sites from time to time without notice.
2.3 House & Haven may use the services of third parties to provide information on the Sites. House & Haven has no control over this information and makes no representations or warranties of any nature regarding its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that House & Haven and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.4 House & Haven makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Sites, including without limitation:
2.4.1 House & Haven does not warrant that the Sites, information, or downloads shall be error-free or meet any particular criteria of performance or quality. House & Haven expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2 Whilst House & Haven has taken reasonable measures to ensure the integrity of the Sites and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Sites are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.4.3 House & Haven disclaims any responsibility for the verification of any claims. However, information published on the Sites may be done so in the format in which House & Haven receives it, and statements from external parties are accepted as fact.

3. LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT

3.1 House & Haven may provide links to third-party websites on the Sites. These links are provided to the user for convenience purposes only, and House & Haven does not endorse, nor does the inclusion of any link imply House & Haven’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
3.2 While House & Haven tries to provide links only to reputable websites or online partners, House & Haven cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of House & Haven. House & Haven is not responsible for and gives no warranties or makes any representations of the privacy policies or practices of linked or any third party or advertised websites on the Sites.
3.3 You agree that House & Haven shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on Our Sites. Any dealings that you may have with any linked websites, including advertisers, found on the website, are solely between you and the third-party website.

4. USAGE RESTRICTIONS

The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-license, encumber or in any other way deal with any part of the Sites for any reason and in any manner unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Sites;
4.3 write and/or develop any derivative of the Sites or any other software program based on the Sites;
4.4 modify or enhance the Sites. In the event of a user affecting any modifications or enhancements to the Sites in breach of this clause, such modifications and enhancements shall be the property of House & Haven;
4.5 without House & Haven’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Sites by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Sites;
4.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Sites, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.8 notwithstanding anything contained to the contrary in these Terms, use the Sites for any purpose other than personal, non-commercial and information purposes.

5. SECURITY

5.1 In order to ensure the security and reliable operation of the services to all House & Haven’s users, House & Haven hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2 You may not utilise the Sites in any manner which may compromise the security of House & Haven’s networks or tamper with the Sites in any manner whatsoever, which shall include, without limitation, gaining or attempting to gain unauthorised access to the Sites, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Sites, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should House & Haven suffer any damage or loss, civil damages shall be claimed by House & Haven against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by House & Haven and its affiliates, agents and/or partners.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1 “Intellectual property rights” means all and any of the rights in and to the intellectual property of any nature whatsoever owned and/or controlled directly or under licence by House & Haven, now or in the future, including without limitation, House & Haven’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2 All copyright and other intellectual property rights in all content, trademarks, software, data, and material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Sites (“proprietary material”), are the property of, or are licensed to, House & Haven and as such are protected from infringement by local and international legislation and treaties.
6.3 By submitting reviews, comments and/or any other content (other than your personal information) to House & Haven for posting on the Sites, you automatically grant House & Haven and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4 All rights not expressly granted are reserved, and no right, title or interest in any proprietary material or information contained in the Sites is granted to you.
6.5 Except with House & Haven’s express written permission, no proprietary material from the Sites may be copied or retransmitted.
6.6 Irrespective of the existence of copyright, the user acknowledges that House & Haven is the proprietor of all material on the Sites (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7 House & Haven authorises you only to view, copy, temporarily download to a local drive and to print the content of the Sites, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

7. RISK, LIMITATION OF LIABILITY AND INDEMNITY

7.1 The user’s use of Our Sites and the information contained on Our Sites is entirely at the user’s own risk, and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risks of transmitting information in this manner. Under no circumstances shall House & Haven be liable for any loss, harm, or damage suffered by the user as a result thereof. House & Haven reserves the right to request independent verification of any information transmitted via e-mail, and the user consents to such verification should House & Haven deem it necessary.
7.3 To the extent permissible by law:
7.3.1 Neither House & Haven, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if House & Haven knows or should reasonably have known or is expressly advised thereof.
7.3.2 The liability of House & Haven for faulty execution of the website, as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website, shall be limited to House & Haven rectifying the malfunction, within a reasonable time and free of charge, provided that House & Haven is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of House & Haven. However, in no event shall House & Haven be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with Our Sites or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3 You hereby unconditionally and irrevocably indemnify House & Haven and agree to hold House & Haven free from all loss, damages, claims and/or costs of whatsoever nature suffered or incurred by House & Haven or instituted against House & Haven as a direct or indirect result of:
7.3.3.1 your use of the Sites;
7.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of House & Haven;
7.3.3.3 your failure to comply with any of the Terms or any other requirements which House & Haven may impose from time to time;
7.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
7.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of House & Haven.
7.4 House & Haven makes no warranty or representation as to the availability, accuracy or completeness of the content of the Sites. You expressly waive and renounce all your rights of whatever nature that you may have against House & Haven for any loss and/or damage suffered by you as a result of information supplied by House & Haven being incorrect, incomplete or inaccurate.

8. HOUSE & HAVEN PRIVACY POLICY AND T’S&C’S

8.1 House & Haven takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with our Privacy Policy, which Privacy Policy can be accessed and/or viewed from our official Sites and forms part of and is incorporated into these Terms as if specifically set out herein.
8.2 Your use of our products and/or services signifies your consent to us collecting and using your personal information as specified in our Privacy Policy and may furthermore be subject to our T’s&Cs. Our T’s&Cs can be accessed and/or viewed from our official Sites from time to time or maybe provided to you when making use of our products or services from time to time.

9. CONFIDENTIALITY

9.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by House & Haven. You shall notify House & Haven should you discover any loss or unauthorised disclosure of the information.
9.2 Any information or material sent to House & Haven will be deemed not to be confidential unless otherwise agreed in writing by the user and House & Haven.

10. BREACH OR CANCELLATION BY SERVICE PROVIDER

10.1 House & Haven is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Sites, products and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to House & Haven’s right to claim damages, should any user:
10.1.1 breach any of these Terms;
10.1.2 in the sole discretion of House & Haven, use the Sites in an unauthorised manner; or
10.1.3 infringe any statute, regulation, ordinance or law.
10.2 Breach of these Terms entitles House & Haven to deny you any further access to our Sites and/or to take legal action as House & Haven may deem appropriate and/or necessary to protect its rights and interests without prior notice to the user, and the user agrees to reimburse the costs associated with such legal action to House & Haven on an attorney and own client scale.

11. COMPLIANCE WITH LAWS

You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to Our Sites.

12. NOTICES

Except as explicitly stated otherwise, any notices shall be given by email to our email address or contact details made available on our official website (in the case of House & Haven) or to the e-mail address you have provided to House & Haven (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, House & Haven may give you notice by registered mail, postage prepaid and return receipt requested to the address which you have provided to House & Haven. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

13. GENERAL CLAUSES

13.1 These Terms shall be governed in all respects by the laws of the country where our head office is based, as shown on Our Sites (“Our Domicilium”).
13.2 Our Sites are controlled, operated and administered by House & Haven from its head offices. House & Haven makes no representation that the content of the Sites is appropriate or available for use outside of Our Domicilium. Access to the Sites from territories or countries where the content of the Sites is illegal is prohibited. Users may not use the Sites in violation of the laws of Our Domicilium or export laws and regulations. If the user accesses the Sites from locations outside of Our Domicilium, that user is responsible for compliance with all local laws.
13.3 House & Haven does not guarantee continuous, uninterrupted or secure access to our services, as the operation of Our Sites may be interfered with as a result of a number of factors which are outside of our control.
13.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms, and the remaining provisions shall be enforced to the full extent of the law.
13.5 House & Haven’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
13.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of House & Haven.
13.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
13.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.9 Words importing the singular shall include the plural and vice versa, words importing the masculine gender shall include females, and words importing persons shall include partnerships and corporate and unincorporated entities.
13.10 These Terms set forth the entire understanding and agreement between House & Haven and you with respect to the subject matter hereof.