1. Introduction

1.1 The Website we operate, with URL https://www.evenflow.co.za/(the “Site”) and any Applications which we may partially or wholly develop, manage, or offer (the “Apps”).

1.2 This website terms of use details our obligations to you regarding our website. Please read this terms of use in full before you use this website. Using the website implies that you accept the terms of use. We do occasionally update these terms of use so please refer back to it in the future.

2. Use of Website

2.1 This terms of use details that this website and related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

2.2 You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.3 The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent.

2.4 Subject to paragraph 2.1, no part of this website may be reproduced without our prior written permission.

3. Ownership and copyright

3.1 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.

3.2 The Website Content is the property of Even Flow Distribution (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to Even Flow Distribution (Pty) Ltd. You will not acquire any right, title or interest in or to the Website or the Website Content.

4. Terms Of Use Amendments

4.1 We reserve the right to amend or update our website terms of use, and such amendments will be clearly reflected on the Site and/or Apps, which you may view at any time. Your continued use of the Site and/or Apps after amendments are made to the Privacy Statement will constitute your acknowledgment of and consent to the amendments.

5. Disclaimer

5.1 You use the Site and/or Apps at your own risk, and assume full responsibility for any risk or loss resulting from use of the Site and/or Apps or reliance on any information thereon.

5.2 Whilst we take reasonable measures to ensure that the content of the Site and/or Apps is accurate, we make no representations or warranties, as to the quality, timeliness, operation, integrity, availability or functionality of the Site and/or App or as to the accuracy, completeness or reliability of any information thereon. If any such representations or warranties are made by our representatives, we will not be bound thereby.

5.3 We do not accept liability for any damage or loss arising from your access to or use of the Site and/or Apps and/or any content therein, unless otherwise provided by law.

5.4 Any views or statements made or expressed on the Site and/or Apps are not necessarily our views, or the views of our directors, employees and/or agents.

5.5 In addition to the disclaimers contained elsewhere on the Site and/or Apps, or in this website terms of use, we also make no warranty or representation that the information or files available on the Site and/or Apps 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.

6. Linking to third party websites

6.1 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers.

6.2 These Terms of Use do not apply to those Third Party Websites and Even Flow Distribution (Pty) Ltd is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

6.3 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.

7. Exclusion of Liability

7.1 We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include, without limitation, any other direct, indirect or consequential loss.

7.2 We give no guarantee or representation, whether direct or implied, that the products, information or files available on this website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. 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 or jeopardise the operation or content of a computer system, computer network or your hardware or software. We accept no responsibility for any errors or omissions on this website.

 

8. Availability and termination

8.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

8.2 Even Flow Distribution (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you.

8.3 You agree that Even Flow Distribution (Pty) Ltd 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.

8.4 Even Flow Distribution (Pty) Ltd is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, refuse to accept or process an order, and/or to cancel any order concluded between you and Even Flow Distribution (Pty) Ltd, in whole or in part, on notice to you.

8.5 At any time, you can choose to stop using the Website, with or without notice to Even Flow Distribution (Pty) Ltd.

9. Governing law and jurisdiction

9.1 These terms of use and our relationship and/or any dispute arising from or in connection with these terms of use shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

9.2 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 of use.