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TERMS OF USE

Terms and Conditions for The King John Show
Effective Date: 22 September 2024
 

General Information

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The website thekingjohnshow.com (hereafter referred to as the “Website”) is operated by a limited liability company duly organized under the laws of the Republic of South Africa (hereafter referred to as “TKJS”, “we”, “us”, “ours”).

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The Website is the exclusive property of M. Johnston, the sole entity authorized to use and exploit the intellectual property rights, individual rights and any other intellectual property right relating to this Website and expressly licensed to TKJS particularly the brands, drawings, models, copyrights and image rights.

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If you have any doubts, questions or suggestions, please send us your comments by email to: compliance officer: kj@thekingjohnshow.com, keeping in copy marketing manager kj@thekingjohnshow.com

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Website Terms of Use

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Browsing this Website and the use of its contents are subject to these TKJS Terms of Use (hereafter referred to as “Terms of Use”).  By accessing and browsing this Website, the user fully accepts these Terms of Use.

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Purpose and Scope of Application

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The purpose of these General Conditions of Contract is to regulate the availability of the information provided on the Website as well as the interactions that take place between TKJS and the users of the domain thekingjohnshow.com​

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All Website users can print and/or save these Conditions digitally in order to read our Conditions in greater detail.

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When you place an order on this Website, you confirm that you are over the age of 18 and legally eligible to enter into binding contracts.

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TKJS products offered on the Website using domain are distributed exclusively in the Republic of South Africa (hereafter referred to as the “Delivery Zone”). Any order with a delivery address located outside the Delivery Zone will be rejected during the order process.

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The purpose of these Terms of Use and the General Conditions of Contract (hereafter referred to as the “Conditions”) is to regulate the use of the Website, the availability of the information provided in the on the Website as well as the commercial transactions that take place between TKJS and the users of the domain of the Website.

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The Terms of Use and Conditions are collectively referred to as the “Terms and Conditions”

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TKJS can modify the Website and/or the Terms and Conditions at any time and without notice whenever it deems it useful or necessary for the Website to function properly. These Conditions must therefore be read before posting a comment or placing an order. Accordingly, we invite you to regularly check these Terms and Conditions.

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All Website users can print and/or save these Conditions digitally in order to read our Conditions in greater detail.

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By browsing the Website, the user fully accepts all the Website’s Terms of Use and General Conditions of Contract as well as its Privacy Policy and Cookie Policy.

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Use of all or part of the Website, particularly for downloading, reproducing, transmitting or representing its content for reasons other than personal, private and noncommercial use, is strictly prohibited.

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TKJS does its best to ensure that the information published on the Website is accurate and up-to-date and reserves the right to correct its contents at any time.

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TKJS disclaims all liability for:

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(i) any ambiguities, inaccuracies, omissions or damage resulting from a third-party intrusion that has modified the information contained on the Website.

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(ii) damage caused by unauthorized third-party access to the Website or the inability to access the Website.

TKJS accepts no responsibility for the content of other pages linked to the Website.

TKJS hereby informs Website users that the Terms of Use may be modified at any time. These modifications become effective as soon as they are published on the Website, and any user who subsequently accesses the Website fully accepts these modifications. It is therefore the user’s responsibility to read these Terms of Use carefully prior to browsing the Website.

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The user is hereby informed that TKJS may interrupt access to the Website at any time for maintenance, security or any other reason.

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YOUR CONTENT

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You are responsible for your use of the Website, for any information, text, graphics, photos or other materials which you upload or post to the Website (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the Website is public by default and will be able to be viewed by other users and through third party services and websites (with  the exclusion of your personal information unless it is provided by you for whatever reason). You should only provide content that you are comfortable sharing with others under these Terms and Conditions. When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than TKJS (such as other users) (“Other Content”) or obtained by you through the Website is at your own risk. Your Content may be moderated and may take up to 48 hours to be displayed but TKJS does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts, please contact our Customer Service. TKJS reserves the right, in its sole discretion, not to publish or to remove any Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.

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We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.

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You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for TKJS to provide, promote, and improve the services it provides and to make Your Content available to other companies, organizations or individuals who partner with TKJS for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by TKJS or other companies, organizations or individuals who partner with TKJS, may be made with no compensation paid to you with respect to Your Content.

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We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TKJS, its users and the public.

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You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Website.

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ELIGIBILITY

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The purchase of Products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of Republic of South Africa.

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Please refer to our Privacy Policy for information about how we use your data.

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Payment Methods

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Prices for TKJS Products are indicated in in ZAR and and are inclusive of taxes.

 

TKJS reserves the right to modify the prices of the Products on the Website at any time and without notice. 

 

Product invoicing will be based on the price list appearing on the Website at the time your order is confirmed, subject to the availability of the Products ordered at that time.

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We accept the following means of payment: VISA and MASTER CARD via EFT

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Payments made through the Website will be processed online with the corresponding banking institution. The banking institution in question will be responsible for automatically storing and processing the information relative to different orders, including bank card data, etc.

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Your order will be processed once the purchase and payment processes have been fully completed.

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Should any of the Products ordered not be available (see “Product Availability”), TKJS shall inform the client about satisfactory alternatives or similar products and, in case the client chooses to give up with the purchase, the amount of the undelivered Products will be refunded to the bank account used to make the purchase, on the understanding that the order has been canceled.

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Product Delivery

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Delivery Address

Products purchased on the Website can only be delivered within the Delivery Zone.

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Any delivery address located outside the Delivery Zone will be rejected during the order process.

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The merchandise will be sent to the delivery address within the Delivery Zone specified in the order.

 

Delivery Times

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Deliveries will be made within two (2) to five (5) business days depending on the availability of the item.

 

For the count of the delivery times, the following days will not be taken into account: Saturday, Sunday or pubic holiday in the Republic of South Africa. Ordered Products will be delivered during normal working hours at the address provided when placing the order, provided that payment has been confirmed. 

 

No deliveries will be made until payment has been received for the Products.

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Delivery Problems

Should you not receive your Product or should the delivery be delayed by more than six (6) business days, you should contact TKJS at info@thekingjohnshow.com

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In the event that there is nobody at the address provided to accept delivery of the Products, the courier company will contact you in order to agree upon a new delivery date or a location to pick up the Products.

 

Every effort will be made to deliver the Products as fast as possible after the order is accepted.

 

When the order is delivered, you must check to ensure that the shipment is correct. 

 

If there is any discrepancy or problem with your order at the time of delivery, you must indicate the nature of the discrepancy or problem (for example, open package, damaged merchandise) on the delivery note and sign it.

 

You must then contact TKJS by email via the Website’s “Contact us” section.

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Upon accepting delivery, ownership of the Products and all risks associated with these are transferred to the recipient.

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If the Products do not correspond to your order or you are not satisfied with them, you can exchange them for others in accordance with the conditions set forth in the “Return Policy” section.

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Shipping Costs

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Shipping and/or handling costs are not included in the Product price for all shipments made in the Delivery Zone.

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Returns

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Please note that all orders are final sales.

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Products that are returned incomplete, broken, damaged, worn, unsealed or used by the customer will not be subject to a refund. They will be made available to the sender or sent back.

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TKJS disclaims all liability and responsibility for any loss, shipping delay or delivery to an incorrect address of any article that you wish to return to the Website, insofar as you assume the risks associated with your chosen shipping method.

 

 

Intellectual Property

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The Website is an original, creative work protected by the laws governing the protection of intellectual property. The Website and all the elements that comprise it are the exclusive property of TKJS. The reproduction, representation or modification of the Website or any of the elements that comprise it, in whole or in part, is strictly prohibited. The brands and domain names that appear on the Website are the exclusive property of TKJS. Any unauthorized reproduction or use of these graphics or domain names, regardless of manner or intent, is strictly prohibited.  TKJS used all reasonable means to ensure that the information obtained through the Website is accurate. However, we make no guarantee whatsoever as to the accuracy, integrity and up-to-datedness of the aforesaid information. TKJS does not provide any explicit or implied guarantee with regard to all or part of its Website. TKJS disclaims all liability for any direct or indirect damage of any kind resulting from the use of its Website.

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All the material contained on the Website (drawings, source code, designs, illustrations, images, photographs, audio, written text, logos, trademarks and other distinctive marks appearing on the Website) is the exclusive property of TKJS or has been obtained via public platforms - and is protected by the corresponding intellectual and industrial property rights. Its use, reproduction in whole or in part, distribution, public dissemination, transformation or any other similar or analogous activity is strictly prohibited without the prior written consent of TKJS. License to use any of the Website’s content, as granted to the user, is limited to downloading said content for private use, provided the content remains intact.

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Use of all or part of the Website, particularly for downloading, reproducing, transmitting or representing its content for reasons other than personal, private and noncommercial use, is strictly prohibited.

The King John Show trademark and all other brands and logos related to TKJS appearing on the Website whether registered or not, as well as the domain name, are and shall remain the exclusive property of TKJS. The reproduction, in whole or in part, distribution, public dissemination, transmission, transformation, modification or use of these trademarks, brands and logos, as well as any other similar or analogous activity, for any purpose whatsoever without prior express written consent from TKJS is prohibited.

 

You cannot eliminate any reference to copyright, trademark or other indications related to the property rights contained on the Website or any other content included on the Website. You can make copies of the web pages published on the Website for private or personal use, or on a non-profit or non-commercial basis, provided that any copy made of these web pages retains all notices pertaining to copyright or author’s rights and any other notices pertaining to the property rights contained therein.

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TKJS respects the intellectual and industrial property rights of third parties. Therefore, if you believe that this Website may be violating your rights, please contact TKJS via the following email address kj@thekingjohnshow.com.

 

Limitation of Liability

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Given the dynamic and ever-changing nature of the information and services supplied on the Website and despite our best efforts, TKJS cannot guarantee the complete veracity, accuracy, reliability, usefulness and/or up-to-datedness of the Website’s content.

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The information may undergo periodic changes without prior notice in order to expand, improve, correct or update the Contents.

 

TKJS disclaims all liability for any possible damages that may result from the lack of availability and/or continuity of the Website or the services it offers.

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TKJS makes no guarantee that the Website is free of viruses or other elements that may affect your computer or electronic advice. TKJS disclaims all contractual or extracontractual liability with regard to any person or company that uses the Website and suffers damages of any type due to computer viruses or any other type of computer program/code.

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TKJS disclaims all liability for:

(i) any ambiguities, inaccuracies, omissions or damage resulting from a third-party intrusion that has modified the information contained on the Website; or

(ii) damage caused by unauthorized third-party access of the Website or the inability to access the Website.

 

INDEMNIFICATION

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You agree, at our request, to defend, indemnify, and hold harmless TKJS and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website. TKJS reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.

 

AVAILABILITY

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You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that TKJS cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside TKJS’s control, such as, for example, transmission and telecommunication links between you and TKJS and other systems and networks.

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TKJS may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. TKJS is not liable for any modification to or suspension or interruption of the Website.

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DISCLAIMER

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OUR WEBSITE IS PROVIDED BY THE KING JOHN SHOW ON AN “AS IS” AND “AS AVAILABLE” BASIS. TKJS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KING JOHN SHOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TKJS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.

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LIMITATION OF LIABILITY

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Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the Republic of South Africa.

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The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
 
By using our Website, you acknowledge that TKJS is not liable or responsible for any comments, content, or remarks made by visitors. The views and opinions expressed by users do not necessarily reflect those of TKJS, and we do not endorse or guarantee the accuracy of any user-generated content. Furthermore, any legal matters arising from such content are the sole responsibility of the individual who posted it, and TKJS shall not be held accountable for any associated claims or disputes. We encourage respectful and constructive engagement within our community but cannot assume liability for any interactions or statements made by users on our social media and Website.

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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TKJS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TKJS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL TKJS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.

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Applicable Law and Jurisdiction

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Access to the Website as well as the use of its contents is subject to the conditions set forth in the Terms of Use of the TKJS Website.

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These Terms and Conditions are governed by the laws of the Republic of South Africa and all disputes arising hereunder are subject to the exclusive jurisdiction of the courts of South Africa.

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