WEBSITE USAGE POLICY
This website is run by Basil Manning Fishing Equipment c.c. based in Durban, South Africa.
Welcome to our website. Basil Manning Fishing Equipment is a specialist fishing tackle store.
The term ‘Basil Manning’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials 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.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.
- Comments will be moderated. Links to offensive sites will be removed.
- You retain ownership and responsibility for your comments. By commenting, you provide Basil Manning with a license in perpetuity to publish them in whole or part on any domains operated by us. Please note that this is to ensure that if we ever change domain names we are able to take your comments with us, rather than to use comments out of context.
Use of the website and/or the website service is at your own risk. The website and the website service is provided on an “as is” basis. To the maximum extent permitted by law: (a) Basil Manning disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the website and/or the website service; and (b) all implied warranties, terms and conditions relating to the website and/or the website service (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Basil Manning and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for the conduct of any user and/or account holder of the website and/or website service; any error, delay or failure in the transmission of any communication between users and/or account holders; any technical failure of the internet, the website and/or the website service; or any damage or injury to users or their equipment as a result of or relating to their use of the website or the website service. Your statutory rights are not affected.
Basil Manning statute or otherwise, as a result of or in connection with the website and/or the website service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
If Basil Manning is liable to you directly or indirectly in relation to the website, that liability (howsoever arising) shall be limited to five hundred rands (ZAR 500).
Nothing in these terms shall be construed as excluding or limiting the liability of Basil Manning or for death or personal injury caused by its negligence or for any other liability which cannot be excluded by South African law.
Neither Basil Manning nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.
Furthermore, Basil Manning makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors.
This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Basil Manning that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Basil Manning and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
All items purchased from Basil Manning are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Basil Manning to such agents upon delivery of any item to such carrier.
Neither Basil Manning nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
AGREEMENTS OF SALE
Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not:
- constitute an agreement of sale between Basil Manning and users cannot hold Basil Manning liable if such items are not available when the purchase cycle is completed later; and/or
- constitute an order for such an item; and
- Basil Manning may remove such an item from the shopping basket or wish list if no stock is available.
An agreement of sale between Basil Manning and a user only comes into effect if and when:
- a credit card authorisation is received from the issuing bank; or ▪ a deposit of an electronic transfer is reflected on Basil Manning’s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
- a direct deposit is reflected on Basil Manning’s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
- Basil Manning reserves the right to refuse to accept and/or execute an order without giving any reasons.
- Basil Manning also reserves the right to cancel orders in whole or in part as circumstances dictate. Basil Manning shall only be liable to refund monies already paid by the user.
- Basil Manning shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Basil Manning will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Basil Manning bank account, the details of which will be provided on request.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Stock of certain items on offer may be limited. Basil Manning shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Basil Manning shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
Gift Vouchers cannot be exchanged for cash and is not transferable or assignable. Vouchers may be redeemed at www.basilmanning.co.za towards the purchase of products listed in the online catalogue or alternatively, may be redeemed at any of our branches towards the purchase or products available in-store. Vouchers cannot be redeemed at any affiliate websites.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st November 2017.
WHAT WE COLLECT
We may collect the following information:
- Contact information including email address
- Other information relevant to customer surveys and/or offers
- IP address, operating system and browser details
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal Record Keeping
We may use the information to improve our products and services. We may periodically send promotional emails about new services, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Card acquiring and security
Card transactions will be acquired for Basil Manning Fishing Equipment via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
Customer details separate from card details
Customer details will be stored by Basil Manning Fishing Equipment separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.