Terms & Conditions

1. INTRODUCTION

These terms govern your use of our website (www.seekingwonder.co.za). Access to the services and content available on the Seeking Wonder website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) (ECTA).

1.1. The Seeking Wonder website is provided as a convenience to you and other travellers for informational purposes only. In order to use Seeking Wonder’s website for services including but not limited to browsing, product information etc. you may be required to provide your personal information.
1.2. We reserve the right to make changes to the documents and/ or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. Seeking Wonder will post the revised terms and conditions on the website. You may use Seeking Wonder’s website for your own personal, non-commercial use and not for republication, distribution, sale, or other use.
1.3. If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies, or notices will take preference where it applies to your use of Seeking Wonder’s website.
1.4. The terms constitute the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.

 

2. DEFINITIONS
In Seeking Wonder’s website terms of use:
2.1. “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Interiors;
2.2. “we” or “us” or “Seeking Wonder” means Seeking Wonder whichever one applies;
2.3. “website” means www.seekingwonder.co.za;
2.4. “Seeking Wonder’s website” means www.seekingwonder.co.za; and
2.5. “you” or “user” means any person who visits, accesses or uses the website.

 

3. REGISTRATION AND USE OF WEBSITE
As a user, Seeking Wonder grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website or downloading product information for your review from the website.

You may only use the website if, in terms of South African law, you have the legal capacity to agree. You may only link to the website by linking to the home page of the website.

3.1. You, the user, agrees and acknowledges that:

3.1.1. You will at all times comply with the Law(s); including the National Credit Act, 2005 (Act No. 34 of 2005) (NCA) and the Consumer Protection Act, 2008 (Act No. 68 of 2008) (CPA) and/ or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information). Without limiting the generality of the foregoing, the user specifically agrees that when reporting personal and other information to Seeking Wonder.
3.1.2. Such information will include all mandatory data.
3.1.3. You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information.
3.1.4. You may submit the information to Seeking Wonder, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between Interiors and the user.
3.1.5. As a visitor or user, you agree that we may electronically accumulate, keep and use the following of your information:
3.1.6. Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that you access on the platform/ website and the dates and times that you visit the website, besides paths taken and time spent on pages/ sites within the website (“usage details”). View our Privacy Policy.
3.1.7. Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g., the site name, address and description(s)), or information relating to your participation in Seeking Wonder’s competitions, promotions, studies, reviews and surveys, and additional services (“optional details”).
3.1.8. Details submitted to use the services on the Seeking Wonder’s website. You may submit optional details to us if you upload or download certain content (or products), if applicable, from the website/ platform, enter competitions, partake in promotions, respond to reviews/ surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the website/ platform.
3.1.9. “Cookies” information: When you access the website/ platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain usage details. Seeking Wonder may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser, which can be removed manually) and may be used by your browser on subsequent visits to the website/ platform. Please note the use of cookies is a norm/ standard on the internet and many major websites use them. Please refer to your web browser “help” file to learn more about changing your cookie settings. View our Privacy Policy.
3.1.10. When you access the website/ platform or open one of our HTML emails, we may automatically collect and record certain usage details from your system by using different tracking technology.
3.1.11. Our website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1 by 1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “view” and then on “source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. Seeking Wonder’s web beacons do not gather, monitor, or share any personally identifiable information about our users. They are just the technique we used to compile anonymous information about the website and services.
3.1.12. Seeking Wonder cannot be held liable if any third-party plugin and/ or mailing platform (such as Mailchimp) is breached and personal information stolen and/ or compromised.
3.1.13. Seeking Wonder may use any optional details provided by you, for such purposes as shown to you at the time you agreed to provide such optional details.

3.2. We may use your usage details to:

3.2.1. Automatically validate and/ or verify your identity; for the website and transaction security purposes via Interiors or via a third-party service provider.
3.2.2. Remember your information so you will not have to re-enter it during your visit the next time you access the website/ platform.
3.2.3. Monitor aggregate website usage metrics such as total number of visitors and pages accessed.
3.2.4. Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website/ platform.
3.2.5. Seeking Wonder shall take all reasonable steps to protect the personal information of the users and for this purpose, “personal information/ personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act, 2000 (Act No. 2 of 2000) (PAIA).
3.2.6. If you are a Seeking Wonder website user, you agree that we may also electronically gather, save and use the following information:

3.2.6.1. Name and surname, birth date, gender, identity number and/ or passport number, nationality and country of residence (“personal information/ details”).
3.2.6.2. E-mail address (“contact details”).
3.3. Seeking Wonder’s website users collect the aforesaid information from you in the following manner:

3.3.1. Seeking Wonder uses the information that Seeking Wonder’s website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
3.3.2. We use your contact details to verify your identity and to inform you of facts relating to your use of the service(s) (e.g., notifications regarding major updates and customer service, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/ or any of our partners and/ or affiliates.
3.3.3. Any user, who commits any of the offences detailed in section 85 to 88 of the ECTA, 2002 (Act No. 25 of 2002) shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/ or incurred by Interiors and its partners/ affiliates.

3.4. You may not:

3.4.1. Provide any incorrect information to the website or Seeking Wonder;
3.4.2. Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;
3.4.3. Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of Interiors;
3.4.4. Use malicious search technology, including but not limited to spiders and crawlers;
3.4.5. IFrame any pages of the website;
3.4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website; and
3.4.7. Use the interactive sections of the website, for instance, surveys and e-mails, to post any material which in Seeking Wonder’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Seeking Wonder does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/ or articles, at your sole risk and responsibility. Seeking Wonder is not liable for damages or other adverse consequences caused by the use of the submissions.

In line with the Film and Publication Board Act, 2009 (Act No. 3 of 2009) (FPBA) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Seeking Wonder will not knowingly collect information from users in this age group.

 

4. DISPLAYING OF PRICES
All pricing displayed on the website is in South African Rand (ZAR), and are subject to price changes and may change with no warning or notification.  Seeking Wonder takes utmost care to ensure that the displayed prices are correct. If a mistake is made or we display the incorrect price, we will correct this as soon as we are made aware of the incorrectly displayed price.

 

5. OWNERSHIP AND CONTENT
All materials published on Seeking Wonder’s website are protected by copyright and owned or controlled by Seeking Wonder or the party accredited as the producer of the content or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of Seeking Wonder or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Seeking Wonder or are used by Seeking Wonder under license. Seeking Wonder will fully prosecute any violation of intellectual property rights that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.

If you respond to Seeking Wonder via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments, or suggestions, but excluding your personal data, the information will not be deemed confidential. Seeking Wonder will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Seeking Wonder will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing, and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that Seeking Wonder may publish the information, use it as part of its operations, and incorporate its concepts in Seeking Wonder’s goods or for any other purposes, which Seeking Wonder considers necessary, without liability.

Seeking Wonder will deal with your personal information in terms of the Privacy Policy.

 

6. DISCLAIMER
6.1. When you visit Seeking Wonder’s website, you consent to receive communication from Seeking Wonder electronically and agree that all agreements, notices, disclosures and other communication sent by Seeking Wonder satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

6.2. Seeking Wonder provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While Seeking Wonder attempts to provide accurate and timely information, Seeking Wonder cannot guarantee this. Seeking Wonder may correct and change the website if required.

6.3.  Seeking Wonder will not be liable for any other website provided by any third party.

 

7. LIMITATION OF LIABILITY
Seeking Wonder is to be exempted from any liability due to a customer failing to provide accurate  information. Subject to applicable law, you agree to indemnify, defend, and hold Seeking Wonder harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.

 

8. AVAILABILITY AND TERMINATION OF PRODUCTS
Seeking Wonder may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions and subject to certain charges.

 

9. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Republic of South Africa. You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.

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