Governing law and jurisdiction

  1. These Terms and Conditions and our relationship and / or any dispute arising from or in connection with the Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

2. In the event of any dispute arising between you and Date Night, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

3. Nothing in this clause 3 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Terms and Conditions

  1. This website can be accessed at Date Night, related mobi-sites and software applications (the “Website”) and is owned and operated by Date Night Proprietary Limited (“Date Night, we, us, and our”).
  1. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  1. These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you, your” or “user“), including without limitation each user who registers as contemplated below (“registered user“). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  1. The Website enables you to shop online for a date box and related supplies (“the goods“).

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008
    (the “CPA“).
  1. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
  • may limit the risk or liability of Date Night or a third party; and / or
  • may create risk or liability for the user, and / or
  • may compel the user to indemnify Date Night or a third party, and / or
  • serves as an acknowledgement, by the user, of a fact.
  1. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  1. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Date Night to explain it to you before you accept the Terms and Conditions or continue using the Website.
  1. Nothing is these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Date Night in terms of the CPA.
  1. Date Night permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  1. These Terms and Conditions are divided into three sections, as follows:
  • Part A – Orders, Sales and Payment;
  • Part B – Privacy Policy; and
  • Part C – General Legal Terms;

No Returns / Refunds

Please note no returns or refunds possible after the order has been processed or delivered.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

International Use

We control and operate the Site from the Republic South Africa. We make no representation that materials on the Site are appropriate or available for use outside the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnification

You agree to defend, indemnify and hold harmless Date Night (PTY) Ltd t/a Date Night Box, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the Site, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the Site, any rights of any other person or entity, or any applicable laws, rules or regulations.

Linking to the Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. Links to Other Websites If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Changes to the Website; Disclosure

We further reserve the right to remove, delete, redact or otherwise modify content on the Site, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Copyright

Images of people, places or products posted on this Site are either the property of Date Night (PTY) Ltd t/a Date Night Box, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Date Night (PTY) Ltd t/a Date Night Box or its partners or affiliates and is protected by South Africa and international copyright laws. The compilation of this Site is the exclusive property of Date Night (PTY) Ltd t/a Date Night Box and is protected by South Africa and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us. Limited License to Use Site You are granted a limited license to use the Site for personal use only. Such grant does not permit you to do any of the following: (1) use the Site or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.