Terms and Conditions of use
This is a contract with Kalahari Treasures Pty (Ltd) for the use of the website http://www.kalaharitreasures.com, whose registered office is at 141 Stymie Ave, Clubview, Centurion, South Africa, henceforth referred to as "Kalahari Treasures". Please carefully read the following terms before accessing or using this site. By accessing the site (which includes, visiting and purchasing) you accept and agree to all of the covenants and conditions imposed in this agreement.
All content on this website is wholly owned and controlled by Kalahari Treasures Pty (Ltd) and its content providers.
By using this service, you agree that you have read, understand and agree to these terms as well as to our payment and shipping policy and the policy on damaged specimens. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications Kalahari Treasures may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
1.1. Kalahari Treasures reserves the right to change the content used at any time.
1.2. All rights not expressly granted herein are reserved.
1.3. These Terms and Conditions and the use of Kalahari Treasures shall be governed by and construed in accordance with the laws of the Republic of South Africa.
1.4. Neither Kalahari Treasures nor any of the third parties directed from this website provide any warranty or guarantees as to the accuracy, timeliness, performance, completeness of information and materials offered on this website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for such inaccuracies or errors to the full extent permitted by law.
1.5. The use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
1.6. If you do not agree with these Terms and Conditions you must leave this site immediately and notify Kalahari Treasures of your intent not to continue.
2.1. Our photographs are made with best effort to accurately represent the mineral specimens.
2.2. If not otherwise stated, all photographs are taken under daylight conditions (5500 Kelvin). All olmiite, rhodochrosite and shigaite specimens are photographed under halogen lighting.
2.3. Computer monitors differ in colour accuracy, slight variation in colour may occur on your screen.
2.4. Specimens are not to scale in the photographs. Please make note of the size and weight in the specimen description before you purchase.
3. Third Party Content; Hyperlinks
3.1. Kalaharitreasures.com makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, kalaharitreasures.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
4. Copyrights, Trademarks and Other Proprietary Rights.
4.1. Kalaharitreasures.com and Kalahari Treasures (Pty) Ltd shall retain all worldwide rights in the intellectual property in and on the kalaharitreasures.com,
including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the kalaharitreasures.com website and/or applications, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. Therefore, you should assume that everything you read or see on the kalaharitreasures.com website is copyrighted, trademarked, or otherwise protected and owned or licensed by kalaharitreasures.com and or Kalahari Treasures (Pty) Ltd.
4.2. Except as expressly stated on the kalaharitreasures.com website and/or applications or in these Terms and Conditions, nothing whatsoever that you read or see on the kalaharitreasures.com website may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of kalaharitreasures.com, except as provided in these Terms and Conditions. Nothing whatsoever in these Terms and Conditions grants you an express or implied license to use any of kalaharitreasures.com intellectual property.
5. Disclaimers and Limitation of Liability
5.1. The user access kalaharitreasures.com website at his/her own risk. The site is provided on an "as is/as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties` rights are specifically disclaimed. Kalaharitreasures.com does not warrant any particular result from use of the software or site. Kalaharitreasures.com does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.
5.2. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Kalaharitreasures.com or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
5.3. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
5.4. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Kalahari Treasures, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Kalahari Treasures is not liable for criminal, tortious, ornegligent actions or omissions of third parties that affect this site.