These Terms and Conditions of Use ("Terms") were last updated on 20 January 2023.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy & Cookies Policy governs Garden In Wonderland's relationship with you in relation to this website.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE
Please refer to the Privacy & Cookies Policy and Disclaimer Policy which we refer to in this policy.
Copyright © 2023 by GardensInWonderland.co.za. All Rights Reserved
The term 'Gardens In Wonderland' or 'us' or 'we' refers to the owner of the website whose registered office is 51 Hofmeyer Drive, Emmerentia, Johannesburg, Gauteng, South Africa.
The term 'you' refers to the user or viewer of this website: gardensinwonderland.co.za
We need rules to keep our platform and services safe for you and our client community. These Terms apply to all your activities on the gardensinwonderland.co.za website, mobile applications, our APIs and other related services (“Services”).
Gardens In Wonderland also provides details regarding its processing of personal data of its clients in its Privacy & Cookies Policy.
Content and Behaviour Rules
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our site must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
You are solely responsible for any content and actions you post or take via the site and Services and their consequences.
Gardens In Wonderland has discretion in enforcing these Terms. We may terminate or suspend your permission to use our Services or ban your account at any time, with or without notice, for any violation of these Terms, or upon the request of law enforcement or government agencies, or for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and I may prevent you from further access to the use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our Services.
Garden In Wonderland's Rights
All right, title and interest in and to the Services, including our website, our future applications, our APIs, databases, and the content our partners submit or provide through our Services are and will remain the exclusive property of Gardens In Wonderland. Our Services are protected by copyright and other laws of both the South Africa and foreign countries. Nothing gives you a right to use the Gardens In Wonderland name or any of the Garden In Wonderland logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Services:
Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Gardens In Wonderland. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Garden In Wonderland’s Rights to Content You Post, Using the-gardensinwonderland.co.za at Your Own Risk, Garden In Wonderland's’s Rights, Miscellaneous Legal Terms, and Governing Law and Jurisdiction.
Disclaimers
It may happen that our website is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and my affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Gardens In Wonderland or our affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage, or government restrictions.
Limitation of Liability
There are risks inherent into using our Services, for example, if you don't achieve your outcome. You fully accept these risks and you agree that you will have no recourse to seek damages against us, even if you suffer loss or damage from using our Services. In legal, more complete language, to the extent permitted by law, we (and our suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred rands (R100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
Governing Law and Jurisdiction
This policy and the use of this site are governed by the laws of South Africa and the courts of South Africa have jurisdiction to settle disputes. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in South Africa. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the South African Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
gardensinwonderland.co.za is controlled, operated and administered entirely within the South Africa.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to info@gardensinwonderland.co.za).
No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
Promotions and Surveys
We may invite you to complete a survey or participate in a promotion, either through the Services or a third-party platform. If you participate, we will collect and store the data you provide as part of participating, such as your name, email address, or phone number. That data is subject to our Privacy & Cookies Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow us to post some of your information publicly (like on a winner’s page). Where we use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.
Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Gardens In Wonderland reserves the right in our sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
How to Contact Gardens In Wonderland
The best way to get in touch with us is to contact info@gardensinwonderland.co.za.