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Terms and Conditions

Terms and Conditions

 

Terminology applicable:

  • Client will apply to you, the person who is using this website and thereby accepting the Terms and Conditions set by the Company.
  • The Company, ourselves, our, we and us will apply to EyeWatch
  • Parties, Party and Us, will apply to both the client and ourselves (EyeWatch) or it can apply individually to the client or individually to EyeWatch.
  • Terms will apply to the offer, acceptance and/or consideration of payment that is needed for us to give assistance to a client in an appropriate manner such as a formal meeting or for the purpose of meeting a client’s needs as set in EyeWatch stated services and products as it relates to South African law.

The terminology written above when used as the plural, singular or capitulation variation of the words, will be seen as interchangeable and as such it will be seen as the same thus meaning that the Terms and Conditions apply and that the laws surrounding the terms and conditions also apply.

Privacy Statement

Protecting your privacy is a pledge that EyeWatch is committed to. Only those employees who are authorised to handle your private information are allowed to do so in accordance with our privacy statement. To keep our services at a high standard, EyeWatch ensures that the data storage and collection systems are kept up to date and up to a high standard. Offences recognised in the eyes of the law have been created with regards to unauthorised actions used on computers and data systems. EyeWatch will undertake to investigate any of these actions in order to bring offenders to justice and in order to recover any lost information.

Confidentiality

EyeWatch views all information provided by the client as confidential and will not share information to any third parties with the exception of the manufacturers and, if legally required, the relevant authorities. We requests that clients keep copies of the information that is related to the provision of services from EyeWatch. When appropriate and/or necessary EyeWatch will give clients copies of documentation, information and contacts for the clients own use, relating to the contract agreed upon.

We will only communicate with clients on matters relating to the agreement made between the client and EyeWatch. We will not share, sell or send any contact information or confidential information to any third party for the purposes of marketing or otherwise.

Disclaimer

Limitations and Exclusions

Any information provided and included on this website is given on an “as is” basis.
As permitted by the fullest extent of the law, EyeWatch excludes all of the representations and warranties that are related to the website and the content, including text and images, which are included on the website. This includes content provided by affiliates and any third parties which are related to any mistakes in the information or information left out of the website or as it relates to the company’s literature.
Excludes any damages that might be as a result of the use of this website or as a result of a connection with this website. Without any limitations damages will include loss of profits, loss of business (whether the losses could be foreseen or not) any damage to the computer and/or other device used to access this company’s website, any damage to the computer systems software, systems or programmes or the loss of data, either directly or indirectly as a result of the use of this website.
The Mattress Warehouse does not exclude liability for events caused by the negligence of this company such as death or injury.
E&OE: Errors and omissions excepted. Prices may change without prior notice.
The limitations and exclusions mentioned above are only applicable where they fall under the scope of the law. No statutory rights of the client are affected.

Payment

The following methods of payment are accepted by EyeWatch: cash, all major debit and credit cards, transactions and electronic transfers. Payments for products need to be made in South African Rands and in accordance with our company policies all payments need to be made in full before the goods being purchased are released. Products will remain the property of this company until such time as the goods are paid for. Should unpaid products be delivered to you we reserve the right to claim the money owed to us via the use of collection agencies and through small claims courts if the amount outstanding is not more than R12 000. Should this event arise, you will be liable for covering the administrative costs such as the costs of going to court.

 

Availability

The services stated on the EyeWatch website are only available in South Africa unless it is otherwise stated. The advertising associated with EyeWatch is only intended to be used for the South African market. No part of this website, including content, may be reused in any way unless written permission has been given by EyeWatch. The We do not guarantee that the services offered by this site will be error free, uninterrupted or timely, however this company does undertake to provide consistent services through this website. When using the services offered by the our website you are indemnifying EyeWatch, its agents, its employees and its affiliates against any damage or loss associated with the website regardless of the manner in which it was caused.

Log Files

We make use of IP addresses to analyse trends, administer the site, track the movement of users and collect the information of the demographics using the website. The IP addresses are not linked to individuals so identities cannot be recognised. Our system is able to keep a log of the standard access information that a user makes use of including browser type and URL referral and this is used for the systems administration to keep the website well maintained and to prevent errors from occurring in the future. This helps to make the overall use of the website more effective.
You are not allowed to create links to this website without prior written permission from the company. Creating links to this website is done at your own risk and the exclusions and limitations set out above will apply.

Links from this website

The content that is placed onto those websites connected to this one are neither checked nor reviewed by EyeWatch. Any of the materials or opinions which may be found on those websites linked are not endorsed or shared by us. The company should not be thought of as the publisher of content and materials on those websites that are linked. We would like to encourage those who visit the sites linked from this one to pay express attention to the privacy statements that are placed on those websites. We also encourage those visiting sites linked from this website to check the trustworthiness and the security of the website before entering the site and especially before giving away any information about yourself to the site owners. We do not take any responsibility for any losses or damages experienced when visiting a website linked to this website.

Copyright Notice

Copyrights and other intellectual property rights that exist and are related to this website are applicable to all text on this website.

Communication

Different email addresses have been created for different purposes, i.e. different services have different email addresses in order to get your queries to the right person. All of the methods that can be used to contact the company can be found on our contact page.

Force Majeure

In the event that a situation arises that is out of the hands of the parties involved, such as an act of God, war, political insurgence, rioting, terrorism, natural disasters, civil unrest or any other such event, which causes the agreement to be terminated neither party to the contract will be held liable for the agreements termination. The causes of the termination will need to have been reasonably unforeseen in order for force majeure to be applicable. Either of the party who experiences an unforeseen situation under force majeure will need to inform the other party and must strive to continue forward with the Terms and Conditions as set out in the agreement.

Waiver

Failure on behalf of either party to ensure that the agreement is followed through and/or the failure of either party to correct this, he or they shall not enforce a waiver of the agreement and will not be able to create a limitation of any of the obligations listed in the Agreement. A waiver shall only be effective if both parties have stated so and signed to the agreement.

General

As a person using this website, buying products from EyeWatch or using any of our services, you are agreeing to the Terms and Conditions that are set out in this document as well as agreeing to the jurisdiction of the South Africa courts in legal matters, such as non-payment, that may arise between you and EyeWatch. Should any of the terms set in the Terms and Conditions document (including those set in the limitations and exclusions) then such Terms as these will be set aside while the rest of the Terms and Conditions will remain valid. Should we fail to enforce any of the terms set out in the Terms and Conditions will not be considered a waiver in the contract and it shall not be considered as an act that will affect the Terms and Conditions or any Agreements and it will also not affect the ability to later reinforce the Terms and Conditions or Agreements. Only if it is in writing can the Terms and Conditions be changed, amended, supplemented or varied in any way, and the written agreement of the changes will need to be signed by the representatives of the company who have been authorised to do so.

Changes to these Terms and Conditions

  1. EyeWatch 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.
  2. 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.