INTRODUCTION

Welcome to www.balakudu.com. The www.balakudu.com store is an official brand of Publications Network (Pty) Ltd. T/A Bala Kudu. Publications Network and/or any of its divisions, brands, or affiliates (Bala Kudu) provide online services and products to you when you visit or shop at one of its e-commerce websites, of which www.balakudu.com is one.
When you visit, shop, use the products and services, use Bala Kudu web based applications for electronic devices, or use software provided by Bala Kudu in connection with the products and services Bala Kudu offers (collectively, “Bala Kudu Services”), you agree to the Terms and Conditions set out below. The terms of use set out below apply to this and all other websites owned, operated, or sponsored by Bala Kudu or any other affiliated business – unless such other website specifically provides otherwise.
If you do not agree to any of these Terms and Conditions, you must not enter the website.

LICENSE TO USE WEBSITE

Bala Kudu grants you a limited license to access this website and make personal and non-commercial use of the Bala Kudu Services. This license is granted subject to you agreeing to comply with these Terms and Conditions and payment of any applicable fees.

You may not:
• transfer the license or sublicense;
• resell or make commercial use of any Bala Kudu’s Services or content;
• reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Bala Kudu 's prior written authorisation;
• use any data mining, robots, or similar data gathering and extraction tools;
• decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
• Not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bala Kudu;
• Not use any meta tags or any other "hidden text" utilizing Bala Kudu's name or trademarks;
• Interfere with any content displayed on the Bala Kudu website or attempt or gain unauthorised access (without Bala Kudu’s written consent) to the information displayed on the website to which you may not be authorised, or to any secure area on the website, a Bala Kudu server or any other part of the Bala Kudu information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Bala Kudu website or to gain access to information or any part of the Bala Kudu information system to which you are not authorized, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.

YOUR ACCOUNT

When you use any Bala Kudu’s Service, you may have to open an account to transact, and for that purpose, you may be required to choose a user id (an identifying name) and a password.
You are solely responsible for:
• maintaining the confidentiality of your account and password (you must not give the password to anyone else).
• all activities that occur in your account (using your user id and, if required, your password), either with or without your knowledge;
• losses suffered by Bala Kudu or any third party due to someone other than you using your user id and/or password.

Bala Kudu does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method using their account.
No person under the age of 18 years may use the Bala Kudu Services unless he is authorised and assisted by a parent or guardian.
Bala Kudu reserves the right to refuse service, terminate accounts or cancel orders if, in its sole discretion, you do not comply with these Terms and Conditions.

SECURE PAYMENT SYSTEM

If any payments are to be made by you to Bala Kudu you will be required to use a payment system authorised (consented to in writing) by Bala Kudu.
Bala Kudu shall only use a payment system that is sufficiently secure considering the nature of the payment to be made and the risk inherent in making the payment electronically.
Bala Kudu does not accept liability for any damages that may be suffered to you due to a failure in the payment system, but will do its best to assist you in resolving the matter.

PRIVACY POLICY

Bala Kudu receives and stores any information you enter on our Web site or give us in any other way. Our privacy policy sets out how Bala Kudu uses and protects any information that we receive when you use this website. Bala Kudu is committed to ensuring that your privacy is protected and will use any information that we obtain only in accordance with our privacy policy. Please click here to review our Privacy policy to understand our practices.

DELIVERY POLICY AND RISK OF LOSS

Bala Kudu e-commerce stores delivered both in South Africa and internationally. Bala Kudu endeavors to have your items delivered promptly after receipt of your payment. Delivery periods are as indicated when you make a purchase. If no delivery period is indicated, delivery will be made within 30 days of receipt of your payment.
Our delivery services are provided by an external contractor and are priced separately. All items purchased from Bala Kudu are delivered pursuant to a delivery contract between us and the contractor. This means that the risk of loss and title for such items will pass to you upon delivery to you by the contractor.
The delivery of E-books are done electronically by means of a link as is detailed on the website when you make the purchase and is dependent on you following the correct procedures as stipulated.

RETURN AND REFUND POLICY

It is important to Bala Kudu that our customers are happy with the service that they receive from us. If a product that you have purchased is damaged, defective or faulty, you may return the product to Bala Kudu within the framework of our Return Policy for replacement or a refund. Please click here to view our Return Policy.

COPYRIGHT

The content provided through any Bala Kudu Service, including among others, text, graphic art, digital content, data compilations, button icons, favicons, images, audio and video clips is the property of Bala Kudu or its content suppliers and protected by South African and international copyright laws.
The compilation of all content included in or made available through any Bala Kudu Service is the exclusive property of Bala Kudu and protected by South African and international copyright laws.

TRADEMARKS

Trademarks that appear in any Bala Kudu Service are the property of their respective owners, and its use is protected under law. You agree not to infringe on any such trademarks.

ELECTRONIC COMMUNICATIONS

You consent to communicate with us and receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website or through other Bala Kudu Services.
You agree that all electronic agreements, notices, disclosures and other communications that is provided to you in the above manner, satisfy any legal requirement that such communications should be in writing.
You accept the risks inherent in electronic communication in whatever form.
You consent to Bala Kudu acting on the information communicated to Bala Kudu electronically. You are responsible to ensure that Bala Kudu has received the information communicated electronically.
You acknowledge and consent that Bala Kudu, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Bala Kudu will constitute rebuttable) proof (it may be challenged) of the content of such records.
Any email communication sent to you will be regarded, for the purposes of this agreement, to have been received by you when it enters an information system outside of the control of Bala Kudu.

EXTERNAL LINKS

Bala Kudu may provide links on its website to other sites and businesses. Such links are provided as a convenience to you and may be discontinued at any time.
The inclusion of any such link does not imply that Bala Kudu does not necessarily mean that Bala Kudu endorses, authorises, or sponsors that website, or that Bala Kudu is affiliated to such website's owners or sponsors, since Bala Kudu is not able to control or verify the content thereof.
If any third party website, which is not under the direct control of Bala Kudu, can be accessed from a link displayed on the Bala Kudu website, Bala Kudu shall not be responsible or liable for any content displayed on such third-party website.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

From time to time you may submit content on any Bala Kudu ecommerce website by means of reviews, comments or any other communication.
By doing that, you grant Bala Kudu and its sub-licensees a royalty-free and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Bala Kudu and its sublicenses the right to link such content with the name under which you submitted it.
You warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate and that it will not cause injury to any person or entity.
You indemnify Bala Kudu against all claims resulting from any content that you supply, and to this extent Bala Kudu takes no responsibility and assumes no liability for such content.
Warranties provided by you
For all purposes you warrant:
• Your identity and that you can prove your identity should Bala Kudu require you to do so.
• That all information you provide at any time to Bala Kudu using the Bala Kudu website or Bala Kudu Services, will in all respects be current, complete, and accurate.
• That you will provide to Bala Kudu all material and relevant facts required by Bala Kudu as may be appropriate to any dealings you have with Bala Kudu. If you do not provide the information, or provide information that is incorrect, Bala Kudu may, at its choice, cancel the agreement or transaction arising from your dealings with Bala Kudu.

BREACH

Bala Kudu reserves the right to –
• Refuse you further access to the website if:
(a) you breach any of the Terms and Conditions applicable from time to time;
(b) Bala Kudu is unable to verify or authenticate any information you provide to it; or
(c) Bala Kudu believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Bala Kudu in disrepute.
• Refer any breach to the police if such breach constitutes a crime.
• Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.

APPLICABLE LAW

You agree that the Laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern these Terms and Condition and any dispute of any sort that might arise between you and Bala Kudu, in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.
You further consent and submit to the jurisdiction of the Western Cape High Court of South Africa.

SEVERABILITY

In the event of any of these Terms and Conditions are found to be invalid, void or for any reason unenforceable, such Term(s) or Condition(s) shall be deemed severable from the remaining Terms and Conditions. The fact that any Term(s) or Condition(s) were found to be invalid, void or unenforceable shall not affect the validity and enforceability of any remaining Terms and Conditions.

MODIFICATION

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time without any prior notice to you.

OUR CONTACT DETAILS

Bala Kudu
98 Beach Road
1st Floor
Metropole Plaza
Strand
Republich of South Africa

www.balakudu.com