1. USE OF THIS WEBSITE
This website is owned by The ALDO Group Inc. (hereinafter “ALDO”) exclusively for its licensee in South Africa, and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to ALDO, its affiliates or franchisees. ALDO, its affiliates or franchisees do not knowingly collect information from children under the age of 13. ALDO, its affiliates or franchisees reserve the right to refuse service, terminate accounts, or cancel orders in their sole discretion.
3. PRODUCT INFORMATION
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY THE FRANCHISEE OF ALDO IN SOUTH AFRICA ARE AVAILABLE ONLY IN SOUTH AFRICA AND THIS PORTION OF THE SITE IS DIRECTED ONLY AT SOUTH AFRICAN CUSTOMERS AND PROSPECTIVE CUSTOMERS. ALDO and its affiliates and franchisees attempt to be as accurate as possible in describing all products available for sale and/or distribution by ALDO, its affiliates and/or franchisees. However, ALDO, its affiliates and franchisees do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
4. EXCLUSION OF WARRANTIES
ALDO makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALDO does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALDO AND ITS LICENSORS, AFFILIATES AND FRANCHISEES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
5. LIMITATION OF LIABILITY
ALDO WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
6. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by ALDO, and ALDO does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in SOUTH AFRICA and in other jurisdictions by the Copyright Act (or the equivalent thereof) and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of ALDO. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of ALDO or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act (or the equivalent thereof).
Notwithstanding the foregoing, ALDO authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ALDO and its affiliates without express written consent of ALDO. You may not use any meta tags or any other “hidden text” utilizing ALDO’s name or trademarks without the express written consent of ALDO. Any unauthorized use of this site and/or its contents terminates the permission or license granted by ALDO.
7. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
8. ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ALDO may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, ALDO makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if ALDO ever decides to do it.
Links and references to other websites are provided to you as a convenience only. ALDO has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by ALDO. To obtain permission, contact our Website administrator at email@example.com
11. VIRUSES, ETC
ALDO does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
12. DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
13. RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to ALDO. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of ALDO or any other person or entity.
14. GOVERNING LAW
This site is controlled and operated by ALDO from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
15. DISPUTE RESOLUTIONS; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR STATE, PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out in schedule A below, which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-800-326-2536, and give us an opportunity to resolve the dispute. Similarly, before ALDO takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or ALDO is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in schedule A below.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal, state or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND ALDO BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 5, schedule A or any other provision of these terms, ALDO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
16. CHANGES TO TERMS / SEVERABILITY
ALDO may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This website is controlled and operated by ALDO from Montreal, Quebec, Canada. ALDO makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. NO WAIVER
The failure of ALDO to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of ALDO to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
20. ENTIRE AGREEMENT
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement amongst you, ALDO and its licensee in South Africa with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ALDO making such amendments or modifications available to it pursuant to the terms hereof.
ALDO reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
Last update: August 15, 2008.