Avidity Outdoor Terms of Service

 

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE

 

By using this site, you are agreeing to these Terms of Service. If you do not agree with these Terms of Service, please do not use this site. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.

 

PRIVACY POLICY

Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our Privacy Policy.

 

USE OF MATERIALS RESTRICTIONS

This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the “Materials”) are the property Avidity Outdoor and its affiliates and are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Avidity Outdoor and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.avidity.co.za, our forums, or any other site owned or operated by Avidity Outdoor without the prior written permission of Avidity Outdoor. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Avidity Outdoor copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission fromAvidity Outdoor.

 

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any information displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Avidity Outdoor or such third party that may own the trademark or copyright of information displayed on this website.

 

TRADEMARKS

Avidity Outdoor and its related names and logos are all trademarks and/or trade names owned or licensed by Avidity Outdoor and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Avidity Outdoor, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Avidity Outdoor or its affiliated companies and are protected by South African and international law and may not be copied or imitated in whole or in part. Any unauthorised use of these trademarks and trade names is strictly prohibited. Avidity Outdoor will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.

 

THIRD PARTY PRODUCTS & SERVICES

Avidity Outdoor is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Avidity Outdoor, and Avidity Outdoor has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Avidity Outdoor of that third party or of any product or service provided by a third party.

 

Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

 

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Avidity Outdoor disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. Avidity Outdoor does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Avidity Outdoor makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

 

Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will Avidity Outdoor be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.

 

Description of Goods

Caron Niekerk trading as Avidity Outdoors is in the business of importing, distributing and retailing of sports equipment such as Stand Up Paddle Boards, Surfing Accessories and Kayaks.

 

Delivery policy

Subject to availability and receipt of payment, requests will be processed within 1-2 days and delivery confirmed via email.

 

Warranty

Avidity Outdoors does not make any claim on any product they sell further other than what the manufacturer states. There are no other warranties, expressed or implied, made on any item. Avidity Outdoors does not sell or accept used merchandise; all mechanical problems fall under the manufacturers warranty.

 

Return and Refunds Policy

The provision of goods and services by Avidity Outdoors is subject to availability. Products are held in stock in the City of uMhlathuze and ‘out of stock’ products are indicated on the website. In cases of unavailability, Avidity Outdoors will refund the client in full within 1-2 working days.
 Avidity Outdoors offers a 7 day money back guarantee provided that the goods are returned undamaged and in their original packaging.
If the product is found to be damaged or defective due to no fault of the customer, the item will be repaired, or replaced if it cannot be repaired. Any damage or defective products must be reported to Avidity Outdoors by the customer within 48 hours of receipt of the goods.
 All warranties are between the customer and the manufacturer. Avidity Outdoors does not imply any other warranty or guarantee on the products. In the case of Avidity Pelican iSup refer to our Warranty and Returns page for that specific product.

 

Credit Card Acquiring and Security

Credit card transactions will be acquired for Avidity Outdoors by Payfast who are the approved payment gateway for Caron Niekerk. All credit card transactions are 128 bit Secure Socket Layers – SSL – encrypted. The company registration documents and the sites registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate Payfast to obtain confidential information.

Payfast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Payfast Internet servers are protected by firewalls and intrusion detection systems.
 Avidity Outdoors does not have access to credit card details.
 Payfast continually reviews and enhances its security in line with technological changes.

 

Customer Details Separate from Card Details

Customer details will be stored by Avidity Outdoors separately from card details which are entered by the client on payment merchant secure site.
 The Avidity Outdoors website is in turn protected by SSL security to provide security of these details. Transaction Currency is ZAR (South African Rand).

 

Responsibility

Avidity Outdoors takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer services and support, dispute resolution and delivery of goods.

 

Country of Domicile

This website is governed by the laws of South Africa and Avidity Outdoors chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 21 Boekenhout Avenue, Grantham Park, Empangeni, South Africa.

 

Variation

Avidity Outdoors may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Company Information

This website is run by Caron Nieker, a sole proprietor based in South Africa trading as Avidity Outdoors.

 

Export Restriction

 

The offering on this website is available to customers in South Africa only.

 

Avidity Outdoors contact details:

Telephone: 035 772 1825  
Email: info@avidity.co.za

 

Avidity Outdoor Terms of Service

 

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE

 

By using this site, you are agreeing to these Terms of Service. If you do not agree with these Terms of Service, please do not use this site. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.

 

PRIVACY POLICY

Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our Privacy Policy.

 

USE OF MATERIALS RESTRICTIONS

This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the “Materials”) are the property Avidity Outdoor and its affiliates and are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Avidity Outdoor and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.avidity.co.za, our forums, or any other site owned or operated by Avidity Outdoor without the prior written permission of Avidity Outdoor. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Avidity Outdoor copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission fromAvidity Outdoor.

 

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any information displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Avidity Outdoor or such third party that may own the trademark or copyright of information displayed on this website.

 

TRADEMARKS

Avidity Outdoor and its related names and logos are all trademarks and/or trade names owned or licensed by Avidity Outdoor and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Avidity Outdoor, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Avidity Outdoor or its affiliated companies and are protected by South African and international law and may not be copied or imitated in whole or in part. Any unauthorised use of these trademarks and trade names is strictly prohibited. Avidity Outdoor will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.

 

THIRD PARTY PRODUCTS & SERVICES

Avidity Outdoor is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Avidity Outdoor, and Avidity Outdoor has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Avidity Outdoor of that third party or of any product or service provided by a third party.

 

Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

 

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Avidity Outdoor disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. Avidity Outdoor does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Avidity Outdoor makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

 

Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will Avidity Outdoor be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.

 

Description of Goods

Caron Niekerk trading as Avidity Outdoors is in the business of importing, distributing and retailing of sports equipment such as Stand Up Paddle Boards, Surfing Accessories and Kayaks.

 

Delivery Policy

Subject to availability and receipt of payment, requests will be processed within 1-2 days and delivery confirmed via email.

 

Warranty

Avidity Outdoors does not make any claim on any product they sell further other than what the manufacturer states. There are no other warranties, expressed or implied, made on any item. Avidity Outdoors does not sell or accept used merchandise; all mechanical problems fall under the manufacturers warranty.

 

Return and Refunds Policy

The provision of goods and services by Avidity Outdoors is subject to availability. Products are held in stock in the City of uMhlathuze and ‘out of stock’ products are indicated on the website. In cases of unavailability, Avidity Outdoors will refund the client in full within 1-2 working days.
 Avidity Outdoors offers a 7 day money back guarantee provided that the goods are returned undamaged and in their original packaging.
If the product is found to be damaged or defective due to no fault of the customer, the item will be repaired, or replaced if it cannot be repaired. Any damage or defective products must be reported to Avidity Outdoors by the customer within 48 hours of receipt of the goods.
 All warranties are between the customer and the manufacturer. Avidity Outdoors does not imply any other warranty or guarantee on the products. In the case of Avidity Pelican iSup refer to our Warranty and Returns page for that specific product.

 

Credit Card Acquiring and Security

Credit card transactions will be acquired for Avidity Outdoors by Payfast who are the approved payment gateway for Caron Niekerk. All credit card transactions are 128 bit Secure Socket Layers – SSL – encrypted. The company registration documents and the sites registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate Payfast to obtain confidential information.

Payfast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Payfast Internet servers are protected by firewalls and intrusion detection systems.
 Avidity Outdoors does not have access to credit card details.
 Payfast continually reviews and enhances its security in line with technological changes.

 

Customer Details Separate from Card Details

Customer details will be stored by Avidity Outdoors separately from card details which are entered by the client on payment merchant secure site.
 The Avidity Outdoors website is in turn protected by SSL security to provide security of these details. Transaction Currency is ZAR (South African Rand).

 

Responsibility

Avidity Outdoors takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer services and support, dispute resolution and delivery of goods.

 

Country of Domicile

This website is governed by the laws of South Africa and Avidity Outdoors chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 21 Boekenhout Avenue, Grantham Park, Empangeni, South Africa.

 

Variation

Avidity Outdoors may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Company Information

This website is run by Caron Nieker, a sole proprietor based in South Africa trading as Avidity Outdoors.

 

Export Restriction

 

The offering on this website is available to customers in South Africa only.

 

Avidity Outdoors contact details:

Telephone: 035 772 1825  
Email: info@avidity.co.za