Unless expressed to the contrary and in writing, the following set of Terms and Conditions apply to all visitors of our website (hereinafter referred to as “Visitor/s”) as well as purchasers of our products (hereinafter referred to as “Purchaser/s”). These terms may be used interchangeably and any indication of the singular also refers to the plural and vice versa.  

 

Visitors and Purchasers are required to accept the following terms and conditions as and when our website is accessed, and products are purchased. These T’s & C’s are ipso facto binding on Visitors and Purchasers and are enforceable without limitation. These T’s & C’s govern the sale, purchase, delivery and use of our products by way of our website or otherwise.

 

The use of this website and any ancillary pages is at a Visitor’s and/or Purchaser’s own risk.

 

1. Copyright

The entire content of this website remains the property of In The Stars and is copyrighted with all rights reserved on all current and/or future content displayed on the website, which content is not owned by any third parties. Any product, technology or other item on the website may be subject to other rights, which rights are hereby strictly reserved and may not be licensed hereunder.

 

In The Stars will endeavour to respect the intellectual property rights of others and expects the same in return. Any notices of alleged copyright infringement will be addressed in order for In The Stars to comply with applicable governing legislation. If Visitors and/or Purchasers believe items have been copied in a way that constitutes copyright infringement, please provide us with all necessary information in order to act reasonably and appropriately.

 

2. Intellectual Property and Ownership

Visitors and/or Purchasers are requested to please respect the Intellectual Property (hereinafter referred to as “IP”) of this website. Unless expressly stated to the contrary, any inter alia site logos, pictures, images, emblems, video clips, maps, logos, icons, designs, colours, graphics, sound recordings, texts and other such items (hereinafter referred to as “the content of the website”), insofar as they relate In The Stars and as contained within the website, are the copyright of In The Stars and are owned and/or licensed as such. The creation of, and/or association (implied, express or otherwise) through the use of In The Stars IP, of any of the content of the website without In The Stars’ express and written authorisation is strictly prohibited.  

 

As a proprietor of its own IP (whether it be copyright, trademark, patent and any other IP applicable) In The Stars has the following legal rights; to exclusively use our IP, to enable others to use our IP with express written consent, and to protect the unauthorised use of IP from any and all infringements which may occur.

 

The permanent copying or storage, in whole or in part, of this website or any information contained herein, or the imitation or the incorporation of any content of the website, in any publication, whether on paper or electronically or in any other form, is strictly prohibited. For general use, In The Stars grants its Visitors and/or Purchasers a non-exclusive, non-transferable, limited and revocable right to only access, use and display any of the content of the website for non-commercial, informational and personal purposes. Visitors and/or Purchasers also agree to not use the content of the website for any commercial purpose, unlawful purpose, or any purpose contrary to public policy, including but not limited to criminal offences, attempting to access other computerised systems or the transmission of any harmful or contaminated materials or viruses.  

 

The content of the website may not be reproduced, sold, duplicated or otherwise for any commercial purpose without the express permission of In The Stars. Nothing contained herein shall be construed as an implication or otherwise that any patent or trademark or copyright or other IP has been licensed or granted to any Visitors and/or Purchasers and/or third parties.

 

All right, title, and interest in and to the products are and will remain the exclusive property of In The Stars. Our products are protected by copyright, trademark, and governing laws of South Africa and other foreign countries. Nothing in these T’s & C’s provides Visitors and/or Purchasers a right to use the name of In The Stars or any of the In The Stars trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions Visitors and/or Purchasers may provide is entirely voluntary and In The Stars will be free to use such feedback, comments or suggestions as we see fit and without any further obligations places on In The Stars.

 

Our products are intended for personal use only. If Visitors and/or Purchasers create products using our customisable services, you represent and warrant that Visitors and/or Purchasers have received all necessary releases and permissions to use, modify and reproduce any photos or materials used to create the customisable products and the Visitor’s and/or Purchaser’s customisable product does not violate, and/or will not violate, the rights of any third party or any applicable law or ordinance. If it is determined that you have, at any time, violated any of the aforegoing provisions, In The Stars reserves the right to pursue any remedies available under these T’s & C’s or at law.

 

In The Stars may contact Visitors and/or Purchasers or any third parties to verify the information Visitors and/or Purchasers provide to us, the rights Visitors and/or Purchasers have secured with respect to the products, for the purpose of collection of additional commentary, and to film, record and make a record of any statements made by Visitors and/or Purchasers or others in the course of our conversations or correspondence with Visitors and/or Purchasers. We may also send Visitor’s and/or Purchaser’s information and notices regarding products by email, telephone or other means based on the information provided to us.

 

3. Changes to the terms and conditions

In The Stars may change, suspend or discontinue any aspect of the website or its listed products at any time, including such changes as the availability of any content, features or database. In The Stars further reserves the right to add, delete and/or modify any of the T’s & C’s set out hereunder, at any time and in its sole discretion. Any and all variations shall be incorporated into the updated editions of the website. This website may thus be updated, improved, changed or modified and such changes may be done at any time, without any prior notice provided to Visitors and/or Purchasers. Visitors and/or Purchasers are responsible for reading this T’s & C’s page regularly to ascertain any changes made by In The Stars.

 

Visitors and/or Purchasers continued use of the website will constitute binding acceptance of any and all such changes.

 

4. Electronic Communications

Email addresses used for any electronic communications are collected through the mode of voluntary registration, which registration shall be for those purposes only and shall only be used to distribute information for that sole purpose. This information shall not be sold or given to any third party and In The Stars commits to complying with the Protection of Personal Information Act, Act 4 of 2013 (“the POPI Act”) notwithstanding the Visitor’s and/or Purchaser’s consent to receipt of various communications from In The Stars.

 

5. Disclaimer and Limited Liability

Neither In The Stars nor any of its agents nor any of its representatives shall be liable for, inter alia, any indirect or direct damage, loss or liability of whatsoever nature arising from the use or the inability to use the website or the products offered by the website or the content of which the website displays. In The Stars makes no representations and/or warranties (whether implied, express or otherwise) that the content of the website and its technology are free from errors or omissions (typographical and otherwise) or that the website service or products will be uninterrupted and free from fault.

 

In The Stars shall not be liable for any inaccurate information held on the website and/or any incorrectly priced, displayed or titled products on the website. Visitors and/or Purchasers are encouraged to report any possible malfunctions and errors to In The Stars via email to info@inthestars.co.za, but this does not constitute a guarantee that such errors will be answered and/or that the issues will be addressed after the reporting thereof.

 

Any information and opinions expressed on this site shall not be regarded as professional advice and/or the professional opinion of In The Stars and Visitors and/or Purchasers are encouraged to seek professional advice prior to taking any action relating to any and all information or opinions expressed on this website. Neither In The Stars and/or its agents and/or its representatives shall be liable for any damage, loss or other liability of whatsoever nature arising from the use of, or the inability to use, any information on this website.

 

6. Accessibility

In The Stars has tried to make this site as accessible and easy to view as possible, across all electronic platforms including, inter alia, personal computers, laptops, tablets and cellular mobiles. In The Stars does not, however, guarantee accessibility and shall not accommodate the Visitor’s and/or Purchaser’s individual hardware and/or software requirements in this regard.

 

7. Linked Sites

Should any links be displayed to external websites, such links are merely provided for the convenience of Visitors and/or Purchasers. In The Stars has no editorial control or say over the linked websites and as such, takes no responsibility whatsoever for linked views and/or content and/or opinions expressed therein. Any link to an external website shall not be construed, in any way, as an endorsement or support by In The Stars of any website or the views and opinions expressed thereon. Further, Visitors and/or Purchasers may not use this website or any linked websites to distribute hateful, offensive or defamatory content or commit any other unlawful activities that may amount to hate speech.

 

8. The Consumer Protection Act, Act 68 of 2008

In The Stars is committed to providing fair, unrestricted and transparent services during the sale of our products. As consumers, we value and respect your rights, obligations and will endeavour not to limit or risk your rights.

 

9. Jurisdiction

Any disputes arising out of this website between Visitors and/or Purchasers and In The Stars shall be governed by the laws of the Republic of South Africa. Visitors and/or Purchasers agree and submit to the jurisdiction of the High Court of the Republic of South Africa, Gauteng Local Division, Johannesburg.

 

Should it become necessary for In The Stars to enforce its legal rights hereunder, the purchaser shall be responsible for any and all legal expenses of whatsoever nature incurred by In The Stars in respect thereof on the scale as between attorney and own client, including collection commission.

 

A certificate signed by any director of In The Stars, whose authority or appointment it shall not be necessary to prove, showing the indebtedness of the purchaser to In The Stars at any time, including interest and the rate of interest, shall constitute prima facie proof for the purposes of In The Stars obtaining judgment, summary judgment or provisional sentence against the purchaser.

 

10. Returns and Exchanges

In The Stars is currently amending our returns and exchange policy. Due to the specific and customised nature of our products, we do not allow for any returns or exchanges at this stage. We will update the website when this changes. All goods are sold ‘voetstoets’ and without any warranties whatsoever. In The Stars does not give any warranty that the goods supplied by it to the Purchaser will be fit for any particular purpose. The Purchaser hereby indemnifies In The Stars against any claim brought against In The Stars by any third party arising out of the unsuitability of goods supplied howsoever arising. In The Stars shall not be liable to the Purchaser for any damages of whatsoever nature suffered by the Purchaser as a result of goods supplied by In The Stars to it or arising out of any breach by In The Stars of any of its obligations in terms hereof.

 

11. Availability of Stock

All products on display are all subject to availability. Whilst In The Stars will take all reasonable steps necessary to ensure sufficient stock, we take no responsibility of items displayed are not immediately available. Further, and notwithstanding estimated delivery times, these may vary accordingly. Orders may not be cancelled following payment, and late delivery will not constitute a reason for a refund, as detailed below.

 

12. Delivery

All dates quoted for delivery are subject to the accuracy of the information provided to the In The Stars by Purchasers at the time of preparing the quotation and are dependent on In The Stars receiving all the necessary products. Delivery shall be completed when goods are off-loaded at their destination. All delivery dates are estimations and In The Stars shall not be liable for late delivery unless specifically agreed in writing. In all cases, whether a delivery date has been agreed upon or not, date of delivery shall be extended by a reasonable period if the delay in delivery is caused by the Purchaser’s instructions, or a lack thereof, by industrial complications, a Force Majeure, or by any cause whatsoever beyond In The Stars’ reasonable control. In The Stars shall have the right to effect partial deliveries, unless otherwise agreed to in writing. The risk in the goods shall pass once the goods have left In The Stars’ premises, whether transported by In The Stars or by its agent or carrier.

 

If the purchaser fails to take delivery of the goods on the due date, then the risk shall immediately pass from In The Stars to the purchaser; the purchaser shall refund to In The Stars on demand, the reasonable costs (including storage and insurance) of storing the goods during the period of such delay; In The Stars shall be exempted from and shall not be liable under any circumstances for complaints or claims for any alleged shortage or alleged failure of In The Stars to comply with any agreement.

 

The signature of any employee or agent of the Purchaser, which appears on In The Stars’ official delivery note or waybill or that of any authorised independent carrier will constitute conclusive evidence of delivery of goods purchased.

 

13. Payment

Visitors consent to entering valid and necessary payment details into our payment portal. In The Stars is not liable for fraudulent activity in relation thereto, whatsoever. Purchasers further warrant that they are the owner of the relevant card of which details are entered into the payment portal and that the relevant visitor holds the necessary authority to provide such payment details.  

 

14. Ownership

Notwithstanding delivery of any goods to the Purchaser, ownership shall not pass until In The Stars has received payment in full of all and any indebtedness of the purchaser to In The Stars.

 

15. Disclaimer

As aforesaid, In The Stars assumes no responsibility whatsoever for any damages or loss, including but not limited to consequential, third party, incidental, punitive or special damages, directly or indirectly arising from, relating to or connected with the use of our website, and the distribution, production or otherwise of our website and/or products sold thereon. In The Stars is hereby indemnified against any damages as aforesaid.

 

Under no circumstances will In The Stars be liable in any way for any errors or omissions in any products provided, or any loss or damage of any kind incurred as a result of the delivery or use of any products.

 

In The Stars does not represent or warrant that its website or its products will be free or errors or inaccuracies, will be uninterrupted, will meet Visitor’s and/or Purchaser’s required timelines or availability requirements, meet Visitor’s and/or Purchaser’s reliability or security requirements or will operate in the required configuration required.

 

In The Stars makes no warranties other than those expressly make in these T’s & C’s and hereby disclaims any and all implied warranties including, inter alia, the fitness of our products for a particular purpose.

 

Visitors and/or Purchasers hereby indemnify and hold In The Stars and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claims") brought against any of the Parties alleging that there has been a breach of any provision of these T’s & C’s through any act or omission.

 

16. Waiver and Non-Variation

No extension of time or any other relaxation or indulgence granted by In The Stars shall operate as or be deemed to be a waiver by In The Stars of any of its rights under these T’s & C’s or a novation of any of these T’s & C’s.

 

No amendment and/or variation and/or deletion and/or addition of the agreement, shall be of any force and effect unless reduced to writing and signed by a duly authorised representative of In The Stars.

 

17. Private Policy

By entering this website and all ancillary sites, Visitors and/or Purchasers agree to view In The Star’s collection, use and disclosure of Visitor’s and/or Purchaser’s personal information in accordance with the Privacy Policy. Any information that is provided to In The Stars is subject to our Privacy Policy, a mechanism that governs how we collect and use information. Usage of the website indicates an understanding that through Visitor’s and/or Purchaser’s use of the Services Visitor’s and/or Purchaser’s consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by In The Stars as part of providing you with various services. Visitor’s and/or Purchaser’s information is collected to provide you with various communications, certain of which communications you will be able to opt-out from receiving.  

 

In The Stars strives to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.

 

For the purpose of business communications, administration processing and transactions In The Stars may collect and/or use personal information, which information will be used, collected, stored, processed, transmitted or otherwise handled by In The Stars as private information. This private information will be collected only with the knowledge and consent of the Visitors and/or Purchasers.

 

We are taking all measures to protect the confidentiality, integrity and availability of Visitor’s and/or Purchaser’s personal information and will update and refine these measures on an on-going basis. In The Stars will not be responsible for the privacy policies and practices of other sites you may access using links from our website. We recommend that Visitors and/or Purchasers check the policy of each site visited. In The Stars therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.

 

In The Stars will not distribute any of your personal information to third parties unless required in order to deliver the products or services requested. In addition, In The Stars will not sell your personal information to third parties unless provided with your specific permission to do so. In The Stars may, however, be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.

 

In The Stars reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.

 

Monitoring or recording of your calls, e-mails or SMS's may take place for business purposes to the extent permitted by law. However, in these situations, we will not disclose information that could be used to personally identify you.

 

You agree that In The Stars may receive or disclose your personal information, documents, telephone records, credit profile information and/or any other credit information to the full extent permitted by law, subject to a consumer’s right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008.

 

18. Custom Cases

As part of the In The Stars’ Service, we offer a customisable product. By using the website, Visitors and/or Purchasers agree not to upload material that is generally offensive or contrary to public policy, including but not limited to content that may infringe on the rights of a third parties, content that is hateful towards another group of people, hateful and/or racist terms, inappropriate content, exploitative, obscene or and vulgar comments, offensive remarks that incite harassment, threats, fraud, defamation or other abuses. This is not an exhaustive list of offensive material but serves as a general guideline.

 

In The Stars reserves its rights in its sole and absolute discretion to reject content that is considered offensive in any manner whatsoever.

 

19. Notices

 

All notices required or permitted to be given under these T’s & C’s will be in writing and delivered to the other party by hand, through registered post or Electronic mail.

 

If Visitors and/or Purchasers wish to give notice to In The Stars, you must use the following email address info@inthestars.co.za

 

If In The Stars provides notice to Visitors and/or Purchasers, In The Stars will use the contact information provided by Visitors and/or Purchasers to In The Stars. All notices will be deemed received as follows:

 

1. If by delivery by hand, on the date of delivery;

2. If by registered post, on the date of dispatch; and

3. If by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," Visitors and/or Purchasers agree that email communication will satisfy this requirement.