Website Terms and Conditions
These Terms and Conditions are for the usage of the www.suesflowers.co.za website and all the pages directly linked to that website. If you continue to utilise the www.suesflowers.co.za website and you do not agree to these terms and conditions you will then be bound to these terms and conditions.
Definitions and interpretations
a) “Sues Flowers Website” means the Sue Baxter Website located at www.suesflowers.co.za and includes any part or element thereof.
d) “User” means any person who enters or uses the Sues Flowers Website.
e) References herein to the singular includes the plural and vice versa.
1. Website Usage
1.1. You, the user, warrants that you use the Sues Flowers Website at your own risk.
1.2. The purpose of the Sues Flowers Website is to provide the user with information regarding the products and services of Sue Baxter.
1.3. The information in this document is not intended to constitute professional advice or services. Please consult one of our Sales professionals or consultants:
1.3.1. Before making any decision or taking any action that might affect your personal finances or business;
1.3.2. for any further information relating to the products or service displayed on the Sues Flowers Website.
1.4. The Sues Flowers Website and the information, content and/or services are provided “as is”:
1.4.1. Sue Baxter makes no express or implied representations or warranties with regard thereto;
1.4.2. Without limiting the generality of the foregoing, Sue Baxter, the information providers, licensors, suppliers, employees, agents, and Internet service providers providing access to the Sues Flowers Website does not warrant that the Sues Flowers website or information will be error-free or will meet any particular criteria of performance or quality other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
1.5. Sue Baxter reserves the right, in its sole and absolute discretion, to amend this agreement at any time.
1.6. At Sue Baxter’s discretion a representative of Sue Baxter may remove, alter, modify, supplement and/or
restrict access to the services, content, information, software, or file(s) appearing on or transmitted through the Sues Flowers Website:
1.6.1. The Sues Flowers website may include technical or other inaccuracies or typographical errors;
1.6.2. Changes and amendments are periodically made to the information herein.
1.7. Sue Baxter reserves the right to change and amend the prices and rates quoted on the Sues Flowers
Website without any notice. Any services or products displayed on the Sues Flowers Website is merely an invitation to do business and shall not be construed as an offer by Sue Baxter to you the user.
1.8. Communicating with Sue Baxter by electronic means or through the Sues Flowers Website, the user
consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
1.9. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on the Sues Flowers Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to the Sues Flowers Website:
1.9.1. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the Sues Flowers Website or attempts to gain unauthorised access to any page on the Sues Flowers Website shall be held criminally liable;
1.9.2. and in the event that Sue Baxter should suffer any damage or loss, civil damages will be claimed.
1.10. Whilst Sue Baxter has taken reasonable measures to ensure the integrity of the Sues Flowers Website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via the Sues Flowers Website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.
2. Intellectual property, Trade Marks, Copyright
2.1. All content, trademarks and data on the Sues Flowers website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Sue Baxter, and as such, are protected from infringement by domestic and international legislation and treaties.
2.2. All rights not expressly granted are reserved.
2.3. The intellectual property rights in all content, information, services and/or software vesting in Sue Baxter shall continue to vest in Sue Baxter and no right, title or interest in any proprietary material or information contained in the Sues Flowers website is granted to you.
2.4. Unauthorised copying of content, information, software, or file(s), including content, information, software, or file(s) that have been amended, modified, combined or included with such content, information, software, or file(s), or the written materials associated therewith is expressly prohibited.
2.5. Any violation of points 2.1 to 2.4 shall result in the immediate termination of this agreement by Sue Baxter without notice.
2.6. You, the user, shall be responsible for all use of the information, content or service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
2.7. You, the user hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
2.8. You, the user, hereby acknowledge that certain information, content, service and/or links may contain objectionable images, materials, content or information.
3.1. You the User as a visitor do not have to submit any personal information in order to use the Sues Flowers Website.
3.2. The Sues Flowers Website collects only personally identifiable information that is specifically and voluntarily provided by you the User. Such information may consist of, but is not limited to, your name, address, email address and telephone and fax numbers.
beacons (electronic images that allow the Sues Flowers Website to count visitors who have accessed a particular page and to access certain cookies) to collect aggregate data:
3.3.1. Sue Baxter may use such devices to track information on Sue Baxters systems and identify categories of visitors by items such as IP address, domain, browser type and pages visited;
3.3.2. This information is reported to Sues Flowers Webmasters who use the information to analyse the number of visitors to different areas of the Sues Flowers Website and to make sure that the Sues Flowers Website is serving as a useful, effective information source.
3.4. Neither cookies nor Web beacons collect personal information such as the User’s name or email address. However, under specific circumstances, the User may be denied access to some parts of the Sues Flowers Website if the User’s browser is set to decline cookies.
3.5. Personal information is used only for limited purposes.
3.6. At times Sues Flowers may use the information providing to send marketing material containing
information about Sue Baxter ’s service offerings via email:
3.6.1. Sue Baxter will try their utmost to gain consent from the User prior to sending this information;
3.6.2. If you the User receive these specific emails, you may at any time request that Sue Baxter discontinue sending you such materials.
3.7. Information collected is not disclosed with third parties or other Sue Baxter entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection:
3.7.1. However where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above;
3.7.2. If you the User have any questions or concerns regarding your privacy while using the Sues Flowers Website, please direct them to Webmaster Service using the contact link;
3.7.3. In all cases Sue Baxter will treat requests to access information or change information in accordance with applicable legal requirements;
3.7.4. It is not Sue Baxters policy to intentionally collect or maintain information about anyone under the age of 18 years.
4. Transmission of Information
4.1. The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception:
4.1.1. The user is therefore discouraged from transmitting to Sue Baxter any information that may be confidential, proprietary, or sensitive;
4.1.2. Under no circumstances will Sue Baxter be liable for any loss, harm, or damage suffered by the user as a result thereof.
4.2. Sue Baxter reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Sue Baxter deem it necessary.
5. Linking and Framing
5.1. It is expressly prohibited for any person, business, entity or website:
5.1.1. to link to any page on the Sues Flowers Website, including the home page, without the prior written approval of Sue Baxter;
5.1.2. to frame any page on the Sues Flowers Website, including the home page, in any way whatsoever, without the prior written approval of Sue Baxter.
5.2. Linked websites or pages are not subject to the control of Sue Baxter.
5.3. Sue Baxter shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website
6. Limitation of Liability
6.1. The user’s use of the Sues Flowers Website and the information contained therein is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
6.2. Neither Sue Baxter, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, the Sues Flowers Website or the information contained therein.
6.3. These Terms and Conditions of Use constitute the entire agreement between Sue Baxter and you, the user of the Sues Flowers Website.
6.4. Any failure by Sue Baxter to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
6.5. In the event that any term or condition of the use of the Sues Flowers Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
7. Applicable Law
7.1. This User Agreement is concluded in the Republic of South Africa, and shall be governed by and construed in accordance with the laws of the Republic of South Africa and the jurisdiction of the South African courts.
7.2. The parties hereto acknowledge that they are barred from instituting any action or legal proceeding or process more than one year after the day on which the claim or cause of action arose.
7.3. Alternative Dispute Resolution, subject to urgent and/or interim relief, all disputes regarding:
7.3.1. These terms and conditions;
7.3.2. Access to the Sues Flowers Website;
7.3.3. The inability to access the Sues Flowers Website;
7.3.4. the services and content available from the Sues Flowers Website,
Shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Durban in English. The arbitration ruling shall be final and the unsuccessful party shall pay costs of the successful party on a scale as between attorney and own client.
8. Contact Information
8.1. If you have any questions, queries or wish to request permission to use any part of the Sues Flowers Website, including, linking, framing, or searching, please contact us at:
8.1.1. Telephone Number – +27 32 9416078;
8.1.4. email –
8.2. Member – Sue Baxter
These terms and conditions of business represent the agreement between the parties for non-exclusive engagement of the services offered by Sue Baxter. For a full copy of these terms and conditions please contact Sue Baxter Directly through the contact page or on the following contact mechanisms:
Telephone Number – +27 32 9416078;
© 2015 – All Rights Reserved. No person is allowed to copy or use this document.[/span12] [/row]