Lita Lives Website Terms & Conditions Of Use
Lita Lives is a non-profit company and privately funded non-profit organisation (“Lita Lives“). Lita Lives obtains funding by providing certain online services and selling certain goods on this website.
ACCEPTANCE OF TERMS
- By using this website (litalives.com) (“Website“), you agree to be bound to the terms and conditions set out herein, as amended from time to time (“Terms and Conditions“).
- If you do not wish to be bound by these Terms and Conditions, please do not make use of this Website.
CONTENT OF THE WEBSITE
- Whilst every effort is made to update the information provided on the Website or any webpages comprising the Website, Lita Lives makes no representation or warranty, whether express, implied in law or residual, as to the accuracy, completeness and/or reliability of any information, data and/or content contained on the Website, including in respect of the Goods and Services (collectively the “Content“).
- Lita Lives may at any time change or discontinue, without notice, any aspect or feature of the Website, the Content, the Goods and/or Services.
- Unless clearly stated otherwise on the Website, no information contained on the Website is intended to be instructional or constitute advice of any kind. Where advice is given, we do not guarantee that such advice is or will be useful or correct.
- When using the Website, you may be required to submit information relating to you or persons close to you, including identity, views and biological information (“Personal Information“). This information will be obtained through “Cookies”, or through an online submission process, which includes without limitation or derogation, the registration and signing up process
- You consent to the use of your Personal Information for purposes of providing Goods and Services as contemplated on the Website, and consent to your Personal Information being retained for as long as is necessary to fulfil such purposes, including so that other users of the Service may contact you. Should you require your Personal Information to be deleted, you can send an e-mail request to firstname.lastname@example.org requesting that this information be deleted.
- Cookies are small text files a website can use to recognise repeat users, facilitate the users’ on-going access to and use of the Website, track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising.
- If the Customer does not enable Cookies, or chooses not to submit Personal Information, certain aspects of the Website may not function.
- Lita Lives encourages you to continuously monitor and correct your Personal Information. Lita Lives will not be held liable for any loss or harm arising from you submitting incorrect information, and you hereby indemnify Lita Lives against any third party claim which may arise as a result.
THE GOODS AND SERVICES
- You can enjoy and purchase the Lita Lives “Kaddish Service”. This is a personalised memorial prayer which is said annually in honour of a loved one on the anniversary of their passing.
- You can also enjoy Lita Lives “Shtetl Network“. This is a free social network service, allowing users to upload personal profiles to the various pages of the towns their families come from, contact Lithuanian descendants across the globe, upload and populate ancestor profiles, record messages on public message boards and read news updates from abroad.
- You can purchase various “Goods” on the Website, as determined by Lita Lives from time to time, which may include, but are not limited to:
- Lithuanian black vodka sourced from the historic Strumbras distillery in Kaunas (Kovno) in Lithuania. It is a black edition vodka, filtered through rare mineral and gold filters, resulting in it taking its purest form with a mild flavour and aroma; (Stumbtsa) (not for sale to persons under the age of 18);
- handmade designer Yarmulkas (holy headgear); and
- Yiddish fridge magnets.
- Lita Lives reserves the right to vary or discontinue any of the Goods and/or Services at any time and from time to time.
- The advertising of any Goods and Services via the Website merely constitutes an invitation by Lita Lives to you to make use of and/or purchase such Goods and Services.
- All alcohol advertised and/or sold on this Website, is being sold under Norman Goodfellows auspices and licence and will only be sold to persons 18 years or older.
- Once you have selected the quantity of Goods and/or Services you wish to purchase and/or use and submitted your order by adding it to your cart, you will be notified as to whether the items have been successfully added to your cart and thereafter will be given an opportunity to review the entire transaction and correct any mistakes before electing whether to withdraw from or proceed with the transaction.
- By clicking “checkout”, you submit an offer to purchase the Goods and/or Services selected (“Order“). You will thereafter be prompted to confirm that you are 18 years or older and that you possess valid photo identification at the time of submission of the Order.
- You will be directed to a webpage where you will be required to provide your billing information and other personal particulars necessary for the execution of your Order. You will at all times be able to return to the prior webpage by electing to “go back”.
- Once you have elected to effect payment by clicking ‘proceed’, ‘confirm’ and/or ‘pay’, a binding contract of sale will come into being between you and Lita Lives in relation to any Goods and/or Services purchased from Lita Lives.
Once payment has been effected, the Order will be completed and Lita Lives will send you confirmation of receipt of the Order.
- You will have access to a “My Account” function which will enable you to view the status of the transaction at any time and from time to time. You will be prompted to provide a username and / or password to access this function, which username and / or password will remain your sole responsibility.
- Lita Lives makes use of third party payment systems to facilitate payment of Goods and Services (the “Payment Providers“).
- You are responsible for paying all fees, charges, and applicable taxes associated with the Goods and Services through the method of payment which the Payment Providers may offer. Lita Lives makes use of the Payment Providers’ security systems in relation to such payments and does not itself offer any security in this regard.
PAYMENT, DELIVERY AND RETURNS
- All fees and charges associated with the purchase of Goods and/or Services are subject to the appropriate exchange rate fluctuations related to price increases. All prices are inclusive of Value Added Tax (“VAT“).
- Goods sold via the Website will only be available for delivery within the Republic of South Africa. You may place an Order for Goods outside South Africa, but this order must be for delivery to an address in South Africa. Delivery of all Goods will be subject to the following:
- delivery will be effected within 7 (seven) days of the date of payment and at an additional fee, payable on the date of completion of the Order;
- all risk in the Goods pass to you on delivery;
- if delivery is delayed because you unreasonably refused to accept delivery, then Lita Lives shall be entitled to:
- charge a reasonable storage fee plus costs which Lita Lives suffered as a result of the delay; and
- cancel the Order, in which case, Lita Lives shall refund the monies paid, less Lita Lives’ reasonable administration charges including the costs of any attempted deliveries and storage fees incurred.
- Delivery will be completed when Lita Lives delivers the Goods to the address you provided on the Website. If no one is available at the given address to accept delivery, Lita Lives will return the Goods to their local vendor(s), in which case, a delivery / restocking and storage fee will be charged to your account.
- The Goods shall be deemed to have been delivered at the time stated for delivery and where any person present at the given delivery address appends their signature to a delivery receipt produced by the delivery agent.
- Subject to 6.6, Goods sold via the Website may only be returned within the Republic of South Africa, which returns will be subject to the following:
- you have the right to return the Goods within 7 (seven) days of the date of delivery or cancel the Services within 7 (seven) days of the date of the placement of the Order;
- you will be liable for the cost of returning any Goods;
- Lita Lives reserves the right to refuse to issue a refund and to recover the cost of the delivery from you in the event that the Goods are found to have suffered damage after delivery to you; the Goods have been misused or used other than in accordance with the instructions or for inspection purposes.
- No consumables, foodstuff or beverages, including the Stumbtsa, may be returned.
LIMITED ACCESS AND INTERFERENCE
- All communications which appear to originate from you or a person with authority to act on your behalf and which are sent to Lita Lives electronically and which may for any reason differ from what was actually sent or may not have been given by you at all, are deemed to have been given by you in the form actually received by Lita Lives and you will be bound by such instruction.
You may not:
- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or the Services or any portion of the Website or Services, without Lita Lives express written consent;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers;
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website or the Services; or
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or the Services.
SUBMISSIONS TO THE WEBSITE
- External links may be provided for your convenience, but they are beyond the control of Lita Lives and no representation is made as to their content.
- Use or reliance on any external links provided is at your own risk.
- When visiting external links, you must refer to that external website’s terms and conditions of use.
- No hypertext links shall be created from any website controlled by you, or otherwise, to this Website without the express prior written permission of Lita Lives.
- Lita Lives does not take responsibility for the content and/or services and products offered on third-party sites or services which may be linked to this Website and gives no warranty, guarantee or representation in respect of such linked sites.
- This Website may also contain advertisements, advertorials and other promotional content. These may include banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated, Lita Lives does not endorse any product whose services are advertised or promoted on this Website, nor does Lita Lives make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purposes of any material, information or data contained in or linked to any advertisement on this Website.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- Access and participation in any online communications such as the Shtetl Network or any other live chat, chat forums, discussion boards, and the like provided by Lita Lives are subject to these Terms and Conditions and the provisions below.
- By accessing the Website or using the Services, you grant Lita Lives a non-exclusive, worldwide, royalty-free license to link to, utilise, use, copy, exploit and/or prepare derivative works of any information submitted by you to this Website or the Service.
- Lita Lives is not responsible for any material you submit to the Website and/or any public areas utilising the Service.
- Any information transmitted by you in a public forum is transmitted in an unencrypted manner to an open, public forum, and is not confidential. Your communications may be intercepted, monitored and recorded so no privacy is guaranteed. Accordingly, you must refrain from furnishing or providing personal or sensitive information wherever possible.
- The use of any software relating to such online communications will be subject to any license conditions applicable to the use of such software.
- You must be properly and legally authorised to provide all consents and permissions required or requested.
- You must ensure that when a software application is being used to facilitate such online communications that you are able to install and use such software application and that it does not conflict with and is compatible with any of your other software and/or hardware.
- In the case of any online chat session, you must ensure that you close the application immediately after the end of the session.
- You must ensure that you do not use any open public forum in any way which could reasonably be interpreted as offensive by other users or which may interfere with the enjoyment of other users, even if your actions may be lawful. This means that you must ensure that you do not transmit, advertise and/or distribute any forms of pornographic material. Failure to comply with this clause will be deemed to be a contravention of these Terms and Conditions.
- No material submitted by users is endorsed, reviewed or approved by Lita Lives.
- Lita Lives reserves the right to remove any material submitted or posted by you to the Website and in the public areas of the Website or the Services without notice to you if Lita Lives becomes aware and determines, in our sole and absolute discretion, that you are or there are the likelihood that you may:
- defame, abuse, harass, threaten or otherwise violate the rights of other users or any third parties;
- publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Lita Lives and/or a third party’s computer system and/or network;
- violate any copyright, trademark, or other applicable South African or international laws or intellectual property rights;
- submit information containing marketing or promotional material which is intended to solicit business;
- upload, post or (in any manner whatsoever) transmit information which you are not authorised to transmit.
- Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this Website or through the Services (collectively, “Materials“) are owned by Lita Lives, alternatively Lita Lives is the lawful user thereof and the Materials are protected by South African and/or international intellectual property laws.
- Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
- The trademarks, names, logos and service marks of Lita Lives displayed on this Website or through the Services are the registered and unregistered marks of Lita Lives.
- Your access to the Website and use of the Services and the information contained on it, does not in any way convey or transfer any right in or to Lita Lives’ intellectual property rights or in respect of data or information displayed or accessible from the Website or the Services or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in Lita Lives or in the author, compiler, creator or licensor of such information.
LIMITATION OF LIABILITY
- Although Lita Lives will endeavour to make the Website available at all times and provide the Goods and Services to you, the Website, Goods and Services are provided “as is” and Lita Lives makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto.
- Without limiting the generality of the foregoing and to the extent permitted in law, Lita Lives disclaims all implied warranties in respect of merchantability or fitness for a particular purpose or non-infringement. Lita Lives does not warrant that the Website, the Services, the Goods or any Content:
- will meet user requirements;
- will be uninterrupted, timely, secure or error free;
- will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or
- will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
- Any Materials and/or Content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such Materials and/or Content. No advice or information, whether oral or written, obtained by you from Lita Lives and/or our authorised service providers will create any warranty not expressly stated in these Terms and Conditions.
- You warrant and represent that:
- You are legally entitled to access the Website and/or use the Services and/or purchase the Goods;
- You have and will continue to have for the duration of these Terms and Conditions, all necessary consents to use the Website and/or the Services and/or purchase the Goods;
- all information, documentation, data and material provided or transmitted to Lita Lives, on this Website or through any software, services, features or facilities on the Website is accurate, truthful, complete, current and not misleading;
- you are solely responsible for the content of such information, documentation and data; and
- you have the capacity to be bound by these Terms and Conditions.
- In the event that you have chosen or have been provided with a username and/or password to access any part of this Website, or any software, Services, features or facilities on this Website, you are responsible to ensure the safeguarding and confidentiality of such username and password. Lita Lives will presume that it is you when your username and/or password is used, unless you have immediately notified Lita Lives in writing if you have any reason to believe that the confidentiality of your username and/or password have been compromised.
You hereby unconditionally and irrevocably indemnify Lita Lives, its officers, employees consultants, associates, agents and affiliates (the “Indemnified Persons”) and hold Lita Live harmless against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) , of whatsoever nature, howsoever and whensoever arising caused by or attributable to the use of the Website, Services or Goods, your breach of these Terms and Conditions, your infringement, or infringement by any other user of your account, or the infringement of any intellectual property or other right of anyone.
- Neither Lita Lives nor our officers, employees, consultants, associates and/or agents shall be held liable for any loss, liability, damage or expense of any nature whatsoever which may be caused by or attributable, directly or indirectly, to:
- your access to and use of the Website and/or Services;
- the unavailability of, or interruption to access to the Website Services and/or Goods for any reason whatsoever;
- your use of or reliance on any information offered on or via the Website and/or your use of the Services and/or the purchase of any Goods;
- your acts or omissions;
- a breach by you of these Terms and Conditions;
- the fact that Lita Lives acts on your instructions/orders or instructions/orders purported to emanate from you;
- any unlawful access or monitoring of information transmitted to Lita Lives;
- any error or omission in respect of information submitted to Lita Lives.
- Notwithstanding the aforegoing:
- Lita Lives shall not be liable for any indirect or consequential loss or damage of whatever nature and howsoever arsing;
- To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines that Lita Lives is liable for any of the aforegoing, our liability to you will be limited to an amount equal to the amount paid by you to Lita Lives for any Goods and/or Services purchased during a period of one month prior to the date on which the cause of action arose.
- Any complaints, queries or disputes which you may have should be directed to email@example.com
- You may refer and escalate any billing complaint arising from, or in connection with, any Goods or Services rendered or provided by Lita Lives, to firstname.lastname@example.org
- You may refer and escalate any complaint arising from, or in connection with, any Services or Goods rendered or provided by Lita Lives, to info@litalives
- To the extent that a dispute cannot be resolved through the above mechanism(s), such dispute shall be submitted to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.
Should you be in breach of any provision of these Terms and Conditions, then Lita Lives shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:
RIGHTS ON TERMINATION
- afford you a reasonable opportunity to remedy the breach;
- suspend your access to a Service;
- cancel all agreements / Orders concluded between Lita Lives and you; or
- claim immediate performance and/or payment of all your obligations in terms hereof.
ADDRESS FOR SERVICE
- Upon termination of the Terms and Conditions for any reason whatsoever, Lita Lives shall be entitled to immediately deactivate your username and password.
- Lita Lives’ address for service for all purposes relating to the Terms and Conditions, including the giving of any notice, the payment of any sum or the serving of any process is:
- Mazars House
- Rialto Road Grand Moorings Precinct
- Century City
- Lita Lives shall be entitled, from time to time, by giving notice to you, to vary its physical address for service to any other physical address within the Republic of South Africa.
INFORMATION REQUIRED IN TERMS OF ECTA
- These Terms and Conditions constitute the sole record of the agreement between you and Lita Lives in relation to the subject matter hereof. Neither party shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein.
- These Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the parties in respect of the subject matter hereof.
- No indulgence or extension of time which either of the parties may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
- All provisions of the Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of the Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- Should Lita Lives be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Lita Lives are so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than 14 (fourteen) days after it has first occurred, Lita Lives shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms and Conditions by giving notice to you.
- An “event of force majeure” shall mean any event or circumstance whatsoever which is not within Lita Lives’ or your reasonable control, including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consents to the exclusive jurisdiction of the Courts of the Republic of South Africa in respect of any disputes arising in connection with the Website, these Terms and Conditions or any matter related to or in connection therewith.
In compliance with section 43 of ECTA, Lita Lives hereby makes the following additional information available to you:
- Full name: Lita Lives NPC
- Legal status: Non-Profit Company
- Physical address: 64 3rd Avenue, Inanda, 2196
- Telephone number: 011 442 4349
- Website address: www.litalives.com
- E-mail address: email@example.com
- Office bearers: Robert Clive Brozin, Menachem Mendel Katz, Justine Anne Seeff, Avi Yitzchak Rozowski
- Place of registration: Republic of South Africa