Terms & Conditions
By accessing and placing an order with Benbergh.co.za, you confirm that you agree to and are bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire website and to any email or other communication between you and Benbergh.co.za.
Under no circumstances will the Benbergh.co.za team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profits arising out of the use of, or inability to use, the materials on this site, even if the Benbergh.co.za team or an authorized representative has been informed of the possibility of such damages. If your use of materials on this site results in the need for servicing, repair, or correction of equipment or data, you assume the costs thereof.
Benbergh.co.za will not be responsible for any results that may occur during the course of using our resources. We reserve the right to change prices and revise the resource usage policy at any time.
License
Benbergh.co.za grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Platform strictly in accordance with the terms of this Agreement.
These Terms and Conditions are a contract between you and Benbergh.co.za (referred to in these Terms and Conditions as “Benbergh.co.za“, “we”, “we”, or “our”), the provider of the Benbergh.co.za website, and the services accessible from the Benbergh.co.za website. (collectively referred to in these Terms and Conditions as the “Benbergh.co.za Service”).
You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Benbergh.co.za Service. In these Terms and Conditions, “you” refers to both you as an individual and the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to terminate your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in these Terms and Conditions, whenever any of these terms are referenced, they are strictly defined as:
Cookie – A small amount of data generated by a website and stored by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Company: When these Terms and Conditions mention “Company”, “we”, “us” or “our”, it means Benbergh.co.za, which is responsible for your information under these Terms and Conditions.
Platform: Benbergh.co.za Internet website, web application, or public-facing digital application.
Country: where Benbergh.co.za or the owners/founders of Benbergh.co.za is located, in this case it is South Africa
Device: Any Internet-connected device, such as a phone, tablet, computer, or any other device that can be used to visit Benbergh.co.za and use the Services.
Service: means the service provided by Benbergh.co.za as described in the relative terms (if available) and on this platform.
Third Parties: means advertisers, contest sponsors, marketing and promotional partners, and others who provide our content or whose products or services we think may be of interest to you.
Website: The Benbergh.co.za site, which can be accessed via this URL: Benbergh.co.za
You: a person or entity who is registered with Benbergh.co.za to use the Services.
Restrictions
You agree not to and will not allow others to:
- License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose or commercially exploit the Platform or make the Platform available to third parties.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Platform.
- Remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) of its affiliates, partners, vendors, or licensors from the Platform.
Updated on 2023-09-10
Return and Refund Policy
Thank you for shopping at Benbergh.co.za. We appreciate the fact that you like to buy the things we build. We also want to make sure you have a rewarding experience as you browse, review, and purchase our products. As with any shopping experience, there are terms and conditions that apply to transactions on Benbergh.co.za. We will be as brief as our attorneys allow. The main thing to remember is that by ordering or making a purchase from Benbergh.co.za, you agree to the terms along with Benbergh.co.za‘s Privacy Policy.
If for any reason you are not completely satisfied with any goods or services we provide, please do not hesitate to contact us and we will discuss any issues you are having with our product.
Your suggestions
Any comments, ideas, improvements, or suggestions (collectively, “Suggestions”) that you provide to Benbergh.co.za with respect to the Platform shall remain the sole and exclusive property of Benbergh.co.za. Benbergh.co.za shall be free to use, copy, modify, publish, or redistribute the Tips for any purpose and in any manner without any credit or compensation to you.
Your consent
We have updated our Terms and Conditions to give you complete transparency about what is set when you visit our site and how it is used. By using our platform, registering an account or making a purchase, you hereby agree to our Terms and Conditions.
Links to other Websites
These Terms and Conditions apply only to the Services. The Services may contain links to other websites that Benbergh.co.za does not operate or control. We are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for our accuracy or completeness. Remember that when you use a link to go from the Services to another website, our Terms and Conditions are no longer in effect. Your browsing and interaction on any other website, including those linked to on our platform, is subject to that website’s own rules and policies. These third parties may use their own cookies or other methods to collect information about you.
Cookies
Benbergh.co.za uses “cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data that is stored on your computer or mobile device by your web browser. We use cookies to improve the performance and functionality of our platform, but they are not essential for its use. However, without these cookies, certain features such as videos may not be available or you may be required to enter your login details each time you visit the platform as we would not be able to remember that you were previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the functionality of our website correctly or at all.
Changes to our Terms and Conditions
You acknowledge and agree that Benbergh.co.za may (permanently or temporarily) stop providing the Service (or any feature within the Service) to you or users generally, at Benbergh.co.za‘s sole discretion, without notice. You may stop using the Service at any time. You are not required to specifically inform Benbergh.co.za when you stop using the Service. You acknowledge and agree that if Benbergh.co.za disables access to your account, you may not be able to access the Service, your account details, or any files or other material contained in your account.
If we decide to change our Terms and Conditions, we will post those changes on this page and/or update the Terms and Conditions modification date below.
Updates to our platform
Benbergh.co.za may, from time to time, provide enhancements to the features/functionality of the Platform, which may include patches, bug fixes, updates, enhancements, and other modifications (“Updates”).
Updates may modify or remove certain features and/or functionality of the Platform. You agree that Benbergh.co.za is under no obligation to (i) provide Updates, or (ii) continue to provide or enable particular platform features and/or functionality to you.
You further agree that all Updates will (i) be considered an integral part of the platform and (ii) be subject to the terms and conditions of this Agreement.
Third-party services
We may display, include or make available third party content (including data, information, applications and other product services) or provide links to third party websites or services (“Third Party Services”).
You acknowledge and agree that Benbergh.co.za shall not be responsible or liable for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Benbergh.co.za does not assume and shall not have any obligation or liability to you or any other person or entity for Third Party Services.
Third Party Services and links to them are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to the terms and conditions of such third parties.
Duration and Termination
This Agreement will remain in effect until terminated by either you or Benbergh.co.za.
Benbergh.co.za may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.
This Agreement will terminate immediately, without notice from Benbergh.co.za, in the event you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Platform and all copies of this Agreement from your computer. Upon termination of this Agreement, you must stop using the Platform and delete all copies of the Platform from your computer.
Termination of this Agreement will not limit any of Benbergh.co.za‘s rights or remedies at law or in equity for your breach (during the term of this Agreement) of any of your obligations under this Agreement.
Copyright Infringement Notice
If you are a copyright owner or the copyright owner’s agent and you believe that any material on our Platform constitutes infringement of your copyright, please contact us and provide the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, phone number, and email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner(s); and (e) a statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on the owner’s behalf.
Compensation
You agree to indemnify and hold Benbergh.co.za and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of of your: (a) use of the Platform; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No guarantees
The Platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, Benbergh.co.za, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, use, or trade practice. Without limitation to the foregoing, Benbergh.co.za makes no warranty or commitment, and makes no representation of any kind that the platform will meet your requirements,
Without limiting the foregoing, neither Benbergh.co.za nor any provider of Benbergh.co.za makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the platform, or the information, content and materials or products included in the same; (ii) that the platform will be uninterrupted or error free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the
Platform; or (iv) that the Platform, its servers, content, or email sent from or on behalf of Benbergh.co.za are free of viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion or limitations of implied warranties or limitations of a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages you may incur, the entire liability of Benbergh.co.za and any of its providers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Platform.
To the fullest extent permitted by applicable law, in no event shall Benbergh.co.za or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, without limitation, damages for loss of profits, loss of data or other information , for business interruption, for personal injury, for loss of privacy arising in any way related to the use of or inability to use the Platform, third party software and/or – third party hardware used with the Platform, or otherwise in connection with any provision of this Agreement), even if Benbergh.co.za or any provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Divisibility
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and construed to achieve the objectives of such provision to the fullest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices posted by Benbergh.co.za on the Services, shall constitute the entire agreement between you and Benbergh.co.za with respect to the Services. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Benbergh.co.za‘s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right. or provision. YOU AND Benbergh.co.za AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION IS AGREED TO. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Resignation
Except as provided herein, failure to exercise a right or require performance of an obligation under this Agreement shall not affect either party’s ability to exercise such right or require such performance at any time thereafter, nor shall it constitute the waiver of an infringement. any subsequent breaches.
No failure to exercise, or delay in exercising, by either party, any right or power under this Agreement shall operate as a waiver of that right or power. The sole or partial exercise of any right or power under this Agreement shall also not preclude the further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Benbergh.co.za reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before the new terms become effective. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Benbergh.co.za.
Full agreement
The Agreement constitutes the entire agreement between you and Benbergh.co.za with respect to your use of the Platform and supersedes all prior and contemporaneous written or oral agreements between you and Benbergh.co.za.
You may be subject to additional terms and conditions that apply when you use or purchase other Benbergh.co.za services, which Benbergh.co.za will provide to you at the time of such use or purchase.
Updates to our Terms
We may change our Service and policies, and we may need to make changes to these Terms in order for them to accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not wish to accept these or any of the updated Terms, you may delete your account.
Intellectual property
The Platform and all its content, features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Benbergh.co.za, its licensors or other providers of such material and are protected by NZ and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Benbergh.co.za, unless and except as expressly provided in these Terms and Conditions. Any unauthorized use of the material is prohibited.
Arbitration Agreement
This section applies to any dispute, EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE REMEDIES WITH RESPECT TO THE ENFORCEMENT OR VALIDITY OF YOUR OR Benbergh.co.za‘S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Benbergh.co.za relating to the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” shall have the broadest possible meaning permitted by law.
Notice of Dispute
In the event of a dispute, either you or Benbergh.co.za must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party that provided it, the facts giving rise to the dispute, dispute and the relief requested. You must send any Notice of Dispute by email to: ben@bbphoto.co.za Benbergh.co.za will send any Notice of Dispute to you by mail at your address if we have one, or otherwise to your email address. You and Benbergh.co.za will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or Benbergh.co.za may commence arbitration.
Mandatory Arbitration
If you and Benbergh.co.za do not resolve any dispute through informal negotiation, any further efforts to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. You are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the rights or property of the parties pending completion of the arbitration. Any and all legal costs, fees and expenses.
Shipping and Privacy
In the event that you submit or post ideas, creative suggestions, designs, photos, information, announcements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will be made automatically. it will be treated as non-confidential and non-proprietary and will become the exclusive property of Benbergh.co.za without any compensation or credit to you. Benbergh.co.za and its affiliates shall have no obligation with respect to such submissions or postings and may use the ideas contained in such submissions or postings for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Benbergh.co.za may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information about yourself. Please note that all promotions may be governed by separate rules that may contain certain eligibility requirements, such as age restrictions and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you participate in any Promotion, you agree to abide by all Promotion Rules.
Additional terms and conditions may apply to purchases of goods or services through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical errors
In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we will have the right to refuse or cancel any order placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any order, whether or not it has been confirmed and charged to your credit card. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card or other payment account in the amount of the charge.
Diverse
If for any reason any provision or part of these Terms and Conditions is determined by a court of competent jurisdiction to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Benbergh.co.za shall be entitled to injunctive or other equitable relief (without the obligation to post any bond or guarantee) in the event of anticipated default by you. Benbergh.co.za operates and controls the Benbergh.co.za Service from its offices in . The Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, individuals who choose to access the Benbergh.co.za Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. These Terms and Conditions (which include and incorporate Benbergh.co.za‘s Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Benbergh.co.za with respect to their subject matter, and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance. to the extent that local laws are applicable. These Terms and Conditions (which include and incorporate Benbergh.co.za‘s Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Benbergh.co.za with respect to their subject matter, and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance. to the extent that local laws are applicable. These Terms and Conditions (which include and incorporate Benbergh.co.za‘s Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Benbergh.co.za with respect to their subject matter, and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance.
Disclaimer
Benbergh.co.za is not responsible for any content, code or any other inaccuracies
Benbergh.co.za makes no guarantees.
In no event shall Benbergh.co.za be liable for any special, direct, indirect, consequential or incidental damages or for any damages, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the content of the Service. Benbergh.co.za reserves the right to make additions, deletions, or modifications to the content of the Service at any time without notice.
The Benbergh.co.za Service and its content are provided “as is” and “as available” without any warranty or representation of any kind, either express or implied. Benbergh.co.za is a distributor and not a publisher of content provided by third parties; as such, Benbergh.co.za does not exercise any editorial control over such content and does not make any warranties or representations as to the accuracy, reliability, or currency of any information, content, services, or merchandise provided or accessible through the Benbergh.co.za Service.
Without limiting the foregoing, Benbergh.co.za specifically disclaims all warranties and representations in any content transmitted in connection with the Benbergh.co.za Service or on sites that may appear as links on the Benbergh.co.za Service, or in products provided as part of or in connection with the Benberghco.za Service, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No oral advice or written information provided by Benbergh.co.za or any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Benbergh.co.za does not warrant that the Benbergh.co.za Service will be uninterrupted, corruption-free, timely, or error-free. No oral advice or written information provided by Benbergh.co.za or any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Benbergh.co.za does not warrant that the Benbergh.co.za Service will be uninterrupted, corruption-free, timely, or error-free. No oral advice or written information provided by Benbergh.co.za or any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Benbergh.co.za does not warrant that the Benbergh.co.za Service will be uninterrupted, corruption-free, timely, or error-free.