These terms and conditions (T&C) define the way in which this site may be used and all related matters. We try to keep things simple and readable but some legalese is required. Nothing herein shall be deemed to supersede the laws and legal precedents of South Africa which shall prevail throughout.
These T&C contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of our website.
Read these T&C carefully
Do not continue to use Clayologie’s website if you do not accept all of the terms and conditions stated herein.
By accessing and/or using this website you:
The following terminology applies to these T&C and any associated communications and activities related hereto:
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We may revise these T&C and the Website and their content at any time without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Website. By continuing to use this Website you are agreeing to be bound by the then current version of this Agreement.
Clayologie is located at: Unit B11 Bellville Business Park, DJ Wood Way, Bellville, 7530, which is the legal/jurisdictional place of all interactions and agreements between you and us.
Unless otherwise stated herein, Clayologie and/or its licensors own the intellectual property rights for all material on this URL and all intellectual property rights are reserved.
You may view and/or print pages from our URL for your own personal use subject to these restrictions. You may not:
You are required to ensure that all persons under your control or authority who access the website are aware of this Agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, valid and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as strictly confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access using you credentials.
You are responsible for acquainting yourself with all the requirements for safe use, care and storage of all and any products that we supply and ensuring that they are used safely, especially but not limited to use by all minors and persons under your control and/or authority. Adult supervision must be ensured by you at all times and products supplied by us should be protected from unsupervised use.
You are prohibited from attempting to circumvent or violate the security of this website, including, without limitation:
You understand and irrevocably agree that the Website and any and all of its contents including without limitation all text, graphics, interfaces, functionalities, images, videos, sounds, music, artwork, logos, designs, computer code, data, and other elements available on or through the Website, as well as the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole are the sole property of Clayologie and are protected in all forms by intellectual property laws, including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Your use of the Website does not transfer to you any right, title or interest in, to or association with the Website or its content.
The viewing or downloading of any content, grants you only a limited, non-exclusive, revocable, non-transferable licence for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal and private use. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. You waive and hold harmless Clayologie and its employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action or failure to act by the Clayologie and any of the aforementioned entities relating to any investigations by either the Clayologie or law enforcement authorities.
We have the right, without provision of notice to:
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk.
We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
For your convenience, we will facilitate the despatch or collection of your property but you acknowledge and accept that we are not a courier operation and we exercise no control or authority over any courier or similar operation. All collection and shipping instructions and all matters related thereto are your choice, given to us by you during check-out and for your sole cost and risk, from the instant they are collected or despatched into the care and control of your chosen shipping service provider.
All written communications sent by us to you will be electronic via email and/or WhatsApp or similar and once sent to the contact details provided by you will be considered received and read by you after 1 business day. Facebook is not an acceptable contractual medium and should not be relied on by you.
You feely and of your own accord provide certain information to us for the efficient operation of our operation. We undertake to take care to electronically store and use the such information only for this purpose. We will adhere to all the appropriate provisions of the POPI and related acts. If you do not provide accurate and adequate information to facilitate our responsibilities, all and any delays, additional costs and/or our failure to perform shall be deemed to be a direct result of your errors and/or omissions and Clayologie shall be held fully indemnified by you.
You understand and agree that your use of the website, its content, and any goods, digital products, services, information or items found or attained through the website is at your own risk. The website, its content, and any goods, services, digital products, information or items found or attained through the website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Therefore you agree and accept the, to the maximum extent permitted by South African law, Clayologie excludes all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill, including liabilities that arise in contract, tort (including negligence) and for breach of statutory duty.
You acknowledge and agree that Clayologie makes no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents or that any goods, services, digital products, information or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
Except where such exclusions are prohibited by law, under no circumstance will Clayologie nor its owner, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with this agreement, your use, or inability to use, or reliance on, goods, digital products, services, information, the website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon even if company was allegedly advised or had reason to know.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Clayologie, its owner and employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement or your use of the Website including, but not limited to, third-party sites and content, any use of the Website’s content and services other than as expressly authorized in this Agreement.