Terms

Terms and Conditions

This website, including all content herein contained ("the Website”), is owned and operated by ACTV Lifestyle Limited ("ACTV"). Your access and/or use of the Website constitutes your agreement to be bound by the terms and conditions set out hereunder ("the Terms and Conditions"). All rights in and to the content of the Website remain at all times expressly reserved by ACTV Lifestyle. The terms "user", “you" and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing the Website for any reason whatsoever.

  1.  RULES OF USE
  • By using the Website, users agree not to:
    • do anything which violates any of these Terms and Conditions;
    • make any misrepresentation;
    • replicate or store abusive content on any of our platforms;
    • commit fraud;
  1. ONLINE STORE
  • The user may purchase rings utilizing the online store on the Website.
  • By placing an order for a ring on the Website the user:
    • warrants that he/she has the legal capacity to enter into the transaction;
    • agrees that the sale agreement is only concluded when ACTV Lifestyle dispatches the watch to the user;
    • acknowledges that ACTV Lifestyle may cancel any order at any time, but will refund any money received in respect of that order; and
    • agrees that the transaction is concluded where ACTV Lifestyle is domiciled.
  • The rings are sold on the following basis:
    • the user will pay the purchase price (including any taxes, delivery fees, or other related costs) as set out on the Website;
    • ACTV Lifestyle will determine the method of packaging and delivery unless agreed otherwise;
    • ACTV Lifestyle will dispatch the goods as soon as possible after an order has been placed; and
    • ownership and risk in the rings to the user on full payment of the purchase price.
  • This Website does not store any user credit card information. At no stage is credit card information stored together with user personal information
  •  PRODUCT GUARENTEE
    •  The user understands that the rings are made of siliconeThe nature of the watches is that they stretch, change colour, and wear over time.
    •  The rings are guaranteed:
      •  one year from date of purchase for all defects in the material or workmanship of the mechanism including all moving parts; and.
    •  Any defects in the watches will be repaired or replaced, according to ACTV Lifestyle’s product guarantee policy, which complies with the Consumer Protection Act 68 of 2008 (“the CPA”).
  • RECEIPT AND TRANSMISSION OF DATA MESSAGES
    • Data messages, including e-mail messages, sent by users to ACTV Lifestyle shall be deemed to be received only when acknowledged or responded to.
    • Data messages sent by ACTV Lifestyle to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    • Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. ACTV Lifestyle is therefore not responsible for the accuracy of any message sent by email over the internet – whether from ACTV Lifestyle to you or from you to ACTV Lifestyle.
  •  PERSONAL INFORMATION
    • The personal information of users is not required in order to access the Website. However, personal information is required for making purchases via the Website. Additionally, ACTV Lifestyle may perform research from time to time in the form of surveys. All membership signups and survey responses are voluntary and the information collected will only be used for research purposes to help ACTV Lifestyle better understand the Website users. Such information will not be willfully disclosed.
    • This website may contain and collect Cookies
    • ACTV Lifestyle may link information stored in cookies such as your age, gender and country with your personally identifiable information and it may use such information to gather statistics about the number of people who visit the Website and to customize the Website’s content, layout and services for delivery to you.
    • ACTV Lifestyle may store your personal information outside of the Republic of South Africa.
    • ACTV Lifestyle may use and Disclosure of information

     

    1.  ADVERTISING AND SPONSORSHIP
    • The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.
    • ACTV Lifestyle, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  • DISCLAIMERS 
    • The entire Website, including any intellectual property appearing hereon, is provided "as is" and "as available". ACTV Lifestyle makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
    • All information supplied by product suppliers, sponsors or partner organizations and any opinions expressed by any member, employee, agent or service provider of ACTV Lifestyle in relation to any of the products are those of the authors and not ACTV Lifestyle. While ACTV Lifestyle makes every reasonable effort to present such information accurately and reliably on the Website, ACTV Lifestyle, to the maximum extent permitted in law, does not endorse, approve or certify such information, does not guarantee the accuracy, completeness, efficacy or timeliness of such information nor does it warrant in any way that the suitability or competency of the suppliers listed on the Website.
    • To the maximum extent permitted in law, ACTV Lifestyle, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.
    • To the maximum extent permitted in law, ACTV Lifestyle, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, the Website in any manner.
    • ACTV Lifestyle has no control over third party content and features which can be accessed through the use of the Website and does not examine or edit such content and features or act as an agent for third parties accessible through the Website. As such and to the maximum extent permitted in law, ACTV Lifestyle, its members, employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features.
    •  ACTV Lifestyle does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Website remains solely at your own risk.
  • INDEMNITIES
    • The user indemnifies and holds harmless ACTV Lifestyle, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, third party websites or any of the products offered or ordered through such sites in any way.
    • The user agrees to indemnify, defend and hold ACTV Lifestyle harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.
    1. DISPUTE RESOLUTION
    • Should any dispute, disagreement or claim arise between the parties concerning use of the Website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    • The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
  • NOTICES
    • Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:
      • in the case of ACTV Lifestyle, at

    Email: chrispretorius@me.com