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Introduction
This website is operated by www.theoakroom.co.za. Throughout
the site, the terms “we”, “us”, “our”, “website” and “site” refer to www.theoakroom.co.za,
which includes all information, tools and services made available through this
Site to you, the user. Your usage of our Website is based on the condition of
your acceptance of the terms, conditions, policies, and notices that are herein
stated. By visiting our Site and/ or purchasing something from us, you are
engaging in our “Service” and agree to be bound by the following Terms and
Conditions (“Terms of Service”, “Terms”), including those additional terms,
conditions and policies referenced herein and/ or those outlined in other
related documents on this Site. These Terms of Service apply to all users of
the Site, including and without limitation to users who are browsers, vendors,
customers, merchants, and/ or content contributors. Please read these Terms of
Service carefully before accessing or using our Website. By accessing or using
any part of the Site, you agree to be bound by these Terms of Service. If you
do not agree to all the Terms and Conditions of this document, you are advised
to refrain from using and accessing this Website and its services. If these
Terms of Service are considered an offer, usage of this Site indicates that you
expressly accepted these Terms of Service. Any new features or tools which are
added to the current Site shall also be subjected to the Terms of Service. You
can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our Website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the Website following the posting of any changes constitutes
acceptance of those changes. Our store is hosted on Shopify. They provide
us with the online e-commerce platform that allows us to sell our products and
services to you. -
Online Store Terms and General Conditions
By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to the use of this Site. You may not use our products on this Site
for any illegal or unauthorised purposes nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to
copyright laws). A breach or violation of any of the Terms will result in an
immediate termination of your Services.We reserve the right to refuse service to anyone
for any reason at any time.You understand that information about your
activities (not including your credit card information), may be transferred
unencrypted and involve:(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements set out by related
networks or devices. Credit Card information is always encrypted during
transfer over networks.You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact information on the Website through which the Service
is provided, without express written permission by us. The headings used in
this agreement are included for convenience only and will not limit or
otherwise affect these Terms. -
Information Accuracy, Service Updates & Pricing
We will not be held responsible if information made
available on this Site is not accurate, complete or current. The material on
this Site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting other
primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this Site is to be referenced at your own risk.
This Site may contain certain historical information. Historical information
may or may not be current and is provided for your reference only. We reserve
the right to modify the contents of this Site at any time without explicit
obligation(s) to update any information on our Site. You agree that it is your
responsibility to monitor any such changes to our Site regularly. Prices for our products are subject to change
without notice.We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time. We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service. Certain products or services may be available
exclusively online only on the Website. These products or services may have
limited quantities and are subject to the terms laid out in our Return Policy. We
have made every effort to display as accurately as possible the colours and
images of our products that appear at the Store. We cannot guarantee that the
display on your computer monitor’s display will accurately depict it. We
reserve the right to, without obligation, limit the sales of our Products or
Services to any person(s), geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities or discontinue any of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any time
without notice, at our sole discretion. Any offer for any product or service
made on this Site is void where prohibited. We do not warrant that the quality
of any products, services, information, or other material purchased or obtained
by you will meet your expectations, or that any error in the Service will be
corrected.
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Billing Accuracy, Optional Tools & Third-Party Links
We reserve the right to refuse any order you place
with us. We may, at our sole discretion, limit or cancel quantities purchased
per person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. If we make a change
to or cancel an order, we may attempt to notify you by contacting the email
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, at our sole judgment,
appear to be placed by dealers, resellers or distributors. You agree to provide
current, complete and accurate purchase and account information for all
purchases made at our Store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates for the purpose of completing your transactions and contact
you as needed. For more detail, please review our Returns Policy. We may provide you with access to third-party tools
over which we neither monitor nor have any control over nor input in. You
acknowledge and agree that we provide access to such tools” as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools. Any use by you of the
optional tools, if any, offered through the Site is entirely at your own risk
and discretion. You should ensure that you are familiar with and approve of the
terms of use the tools provided by the relevant third-party provider(s). We may
also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service. Certain content, products and services available
via our Service may include materials from third parties.Third-party links on this Site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy provided by third parties
and we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any third-party materials, products,
or services. We are not liable for any harm or damages related to the purchase
or use of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party. -
User Feedback, Errors, Inacccuracies and Omissions
If, at our request, you send specific submissions
(for example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use it in any medium. We are and shall be under no
obligation:(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.We may, but have no obligation to monitor, edit or
remove content that we determine, at our sole discretion, are unlawful,
offensive, threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service. You agree that your comments will not violate any right of
any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libellous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the
operations of the Service or any related Website. You may not use a false email
address, pretend to be someone other than yourself, or otherwise mislead us or
third parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party. Your submission of personal information through the
Store is governed by our Privacy Policy. Please review our Privacy Policy
carefully. Occasionally there may be information on our Site
or in the Service that contains typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related Website is inaccurate at any time without prior notice (including after
you have submitted your order). We undertake no obligation to update, amend or
clarify information in the Service or on any related Website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related Website should be
taken to indicate that all information in the Service or on any related website
has been modified or updated. -
Prohibited Uses and Disclaimer of Warranties, Limitation of Liability
In addition to other prohibitions as set forth in
the Terms of Service, you are prohibited from using the Site or its content:(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will
or may be used in any way that will affect the functionality or operation of
the Service of this Website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet.We reserve the right to terminate your use of the
Service or any related website(s) for violating any of the prohibited uses. We do not guarantee, represent or warrant that your
use of our Service will be uninterrupted, timely, secure or error-free. We do
not warrant that the results obtained from the use of the Service will be
accurate or reliable. You agree that from time to time we may remove the
Service for indefinite periods of time or cancel the Service at any time,
without notice to you. You expressly agree that your use of, or inability to
use the Service is at your sole risk. The Service and all products and services
delivered to you through the Service are (except as expressly stated by us)
provided ‘as is’ and ‘as available’ for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.In no case shall THE OAK ROOM, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation to lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the Service or any products procured using the
Service, or for any other claim related in any way to your use of the Service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the Service or any content (or product) posted, transmitted, or otherwise made
available via the Service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
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Indemnification, S everability, Section 16 - Termination
You agree to indemnify, defend and hold
harmless SINGLE MALT SDN BHD and our parent company, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, from any
claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a
third-party. If any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of
Service. Such determination shall not affect the validity and enforceability of
any other remaining provisions. The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all intents and purposes. These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our Site. If in our sole judgment you fail,
or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly we may deny you access to
our Services (or any part thereof). -
Entire Agreement, Governing Law and Changes To Terms of Service
Any failure to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision. These Terms of Service and any policies or operating rules posted
by us on this Site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of the
Service, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party. These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in
accordance with the Laws of South Africa. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our Website. It is your responsibility to check
our Website periodically for changes. Your continued use of or access to our
Website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes. -
Contact Information

