Important - read these terms and conditions of use carefully before accessing or using this tees & gees (along with its subsidiaries and businesses ("tees & gees")) website (the "website"), subscribing to our tees & gees services, purchasing tees & gees products, downloading tees & gees software, technology, content or data and/or otherwise using the tees & gees services and products, and the related tees & gees software, data and/or technology used, stored, licensed or accessed in connection therewith and the related intellectual property rights embodied therein (collectively, the " tees & gees technology").
Tees & gees is willing to provide you with limited access to the tees & gees technology through the website and make available tees & gees products and services to you only upon the condition that you accept all of the terms and conditions set forth herein, on any registration or order form received by you from tees & gees or its affiliates in connection with the tees & gees technology and on any documents referenced herein or any additional terms and conditions that can be viewed either on the pages containing any services or offerings, or via a link on those pages or other directions to the additional terms and conditions (collectively, the "agreement").
If you do not agree to the terms stated below, promptly cease accessing or otherwise using the tees & gees technology, and/or exit this page before downloading, accessing, using, subscribing or installing the tees & gees technology or purchasing products and services from tees & gees.
By accessing, subscribing, downloading and/or otherwise using the Tees & Gees Technology, you certify that you (a) are at least fifteen (13) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Tees & Gees that may be published within the Tees & Gees Technology or the Website. If the person accessing, subscribing and/or otherwise using the Tees & Gees Technology is under the age of majority in his/her state of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the Tees & Gees Technology, such person's parent or legal guardian is deemed to have consented to such person's entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the Tees & Gees Technology for any "R Rated" portion of the Website as described on the Website by Tees & Gees you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the Tees & Gees Technology for any "R Rated" portion of the Website as described on the Website by Tees & Gees, you certify that you are at least eighteen (18) years of age.
The Tees & Gees Technology is owned and operated by Mpho Mopai and its licensors and is protected by copyright and other intellectual property laws under South African and international laws and treaties - Copyright 2009 Mpho Mopai. All rights reserved. The compilation and arrangement of all content, data and other information found within the Tees & Gees Technology are also the sole and exclusive property of Tees & Gees and its licensors and is protected by South African and international intellectual property laws. The "look and feel" of the Tees & Gees Technology, meaning, the structure, sequence and layout of the audio-visual components of such technology as perceived by you, including, but not limited to, the colour combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Mpho Mopai and its licensors and fully protected under South African and international intellectual property laws.
Use of the Tees & Gees Technology
Subject to the terms and conditions set forth herein and any third party restrictions, Mpho Mopai grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Tees & Gees Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Mpho Mopai for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the Tees & Gees Technology; provided you retain all Mpho Mopai copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by Mpho Mopai and Mpho Mopai disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the Tees & Gees Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Tees & Gee Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Tees & Gees Technology, or any part thereof, including, but not limited to, using any part of the Tees & Gees Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Tees & Gees Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Tees & Gees, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Tees & Gees Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Tees & Gees Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Tees & Gees Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Tees & Gees Technology or servers or networks connected to the Tees & Gees Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Tees & Gees Technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree not to access the Tees & Gees Technology by any means other than through the means that is provided by Mpho Mopai for use in accessing the Tees & Gees Technology.
By posting information or other materials on the Website or within the Tees & Gees Technology or by making such information available for downloading by you, Mpho Mopai does not waive any proprietary right in and to the Tees & Gees Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Tees & Gees Technology except for the limited license expressly granted herein.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Tees & Gees Technology (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to Tees & Gees, you hereby grant Tees & Gees and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the Tees & Gees Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the Tees & Gees s on the Website and/or in this Agreement.
By making a Submission, you waive the right to make any claim against Tees & Gees or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Tees & Gees r any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the Tees & Gees Technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Tees & Gees to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
Tees & Gees does not and cannot review all Submissions posted to or created by users accessing the Tees & Gees Technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Tees & Gees Technology (including, but not limited to, the Website), Tees & Gees is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. Tees & Gees and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. Tees & Gees and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Tees & Gees reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Tees & Gees in its sole discretion.
Any and all trademarks displayed within the Tees & Gees Technology are owned by Tees & Gees, its licensors or its affiliates, or are the property of third parties (in which case Tees & Gees makes no claim of ownership rights therein).
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Tees & Gees. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Tees & Gees or its licensors, including, but not limited to, all parts of the Tees & Gees Technology and any other materials or information related to the business or activities of Tees & Gees that are not generally known to others engaged in similar businesses or activities.
Limitation of Liability
NEITHER TEES & GEES, its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers, shareholders, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE BUSTEDTEES TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TEES & GEES TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE TEES & GEES TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE TEES & GEES TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE TEES & GEES TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE TEES & GEES TECHNOLOGY WHETHER OR NOT TEES & GEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL TEES & GEES and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO TEES & GEES FOR ACCESS AND USE OF THE TEES & GEES TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE TEES & GEES TECHNOLOGY, OR, IN ALL OTHER CASES, SISTY FIVE RANDS (R65.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the Tees & Gees Technology
You shall be responsible for obtaining access to the Tees & Gees Technology and for all equipment necessary to access the Tees & Gees Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the Tees & Gees Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Tees & Gees Technology and to select a unique username and password in order to be able to access your account and use any of the Tees & Gees Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Tees & Gees in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to firstname.lastname@example.org.
The Tees & Gees Technology resides on the public internet. Tees & Gees uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to Tees & Gees and information stored on servers controlled by Tees & Gees. Notwithstanding these efforts, Tees & Gees cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Tees & Gees Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Tees & Gees Technology, overloading, "flooding," "mail-bombing" or "crashing" the Tees & Gees Technology. Violations of system or network security may result in civil or criminal liability. Tees & Gees reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Subject to the terms and conditions set forth herein, you may use the Tees & Gees Technology only for lawful purposes. The Tees & Gees Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the South African Securities and Exchange Commission, any rules of any national or other securities exchange, including the Johannesburg Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the Tees & Gees Technology and to your Submission.
You agree to indemnify, defend, and hold harmless Tees & Gees, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Tees & Gees Technology; and (d) any use of your Submission by Tees & Gees or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defence obligation will survive this Agreement and your use of the Tees & Gees Technology.
You agree that Tees & Gees, at its sole discretion, may terminate or suspend your access to and use of the Tees & Gees Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Tees & Gees believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Tees & Gees reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Tees & Gees Technology (or any part thereof) without notice. You agree that Tees & Gees and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Tees & Gees Technology. Your obligations under this Agreement shall continue even after Tees & Gees has terminated and/or cancelled this Agreement or your access to the Tees & Gees Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Tees & Gees for use of your Submission.
Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Tees & Gees reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colours & Specifications
The Tees & Gees Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, Tees & Gees and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the Tees & Gees Technology, and cannot guarantee that the image or colour you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the Tees & Gees Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content
The Website is intended for residents of the world and is operated in the Cape Town, South Africa. Tees & Gees and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the Tees & Gees Technology is applicable or appropriate for use in jurisdictions other than the South Africa. If you access the Tees & Gees Technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Tees & Gees Technology, you may not view or use the Tees & Gees Technology.