Terms of Use

TERMS OF USE

  1. Please read our Terms of Use carefully. Your use of this website and any of the services offered on this website will be subject to the version of our Terms of Use which is available on this website at the time of your use. By accessing our website, using any of the services available via our website or participating in any of the activities offered via our website, you agree to be bound by, and to comply with, the Terms of Use.
  2. If you are not yet 18 years old, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our Terms of Use prior to you accessing our website, using any of the services on our website or participating in any of the activities offered. If you are under 18 years old and fail to obtain such consent you may not access our website, use the services or participate in the activities available via our website.
  3. The Comms Kitchen T/A DakineSouthAfrica may, in its sole discretion, change the Terms of Use or any part thereof at any time without notice. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these Terms of Use at all times prior to using this website since the then current version of the Terms of Use will apply to your use.

Definitions and Interpretation:

  1. Products” means any goods or other products that are made available by us via this website.
  2. We”, “us” and “our” means The Comms Kitchen T/A DakineSouthAfrica (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates).
  3. You” means the user of this website.
  4. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms of Use.

Terms of Use: 

  1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this website and the services offered on it.
  2. You may not access this website for any purpose other than for utilising the services offered on it in the normal manner. You may not access our website for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this website in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this website for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this website by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this website.
  3. Notwithstanding that this website may contain links to third party websites and that some third party websites may contain links to this website. We do not control, endorse or approve the activities or content of any such third-party websites. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third party website.
  4. Proprietary rights (including without limitation, the trademarks, copyright and patent rights) in the components of this website belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
  5. The downloading and use of data contained on this website is done at your sole discretion and risk.
  6. Access to our website services are provided to you free of charge. Reliance on and use of our website, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of this website or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.
  7. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the website inclusive of changes to these Terms of Use including those relating to our ordering service. It is your responsibility to review our Terms of Use on each occasion prior to making use of this website and our ordering service. If you continue to use this website after our amended Terms of Use have been posted on the website, it will constitute your deemed acceptance of such amended Terms of Use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this website.
  8. You may be required to choose a username and a password when registering with us or using some of our services. You are responsible for keeping your username and password secret. You accept that you will be personally liable for all transactions concluded on your account.
  9. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalise your use and visits to this website. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for the purpose of processing your orders and instructions.
  10. The Comms Kitchen T/A DakineSouthAfrica shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
  11. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

Detailed Description of Products and/or Services:

The Comms Kitchen T/A DakineSouthAfrica is a business in the e-Commerce industry that markets Dakine products.

Delivery Policy:

Please see Shipping and Delivery Policy.

Payment Options:

Accepted Payment may be made via PayGenius.

Intellectual Property:

All content available on this website, including, but not limited to, trademarks, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content“) is the property of The Comms Kitchen T/A DakineSouthAfrica, its affiliates, partners or licensors. Neither the Content, the trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without The Comms Kitchen T/A DakineSouthAfrica written consent.

Title to Products:

We will retain the legal ownership of the Products until full payment has been made by you and such payment has been received by us.

Risk of loss:

Risk in the Products will pass to you upon the dispatch of the item for delivery. We cannot be held liable for any damage or loss suffered by you or any third party once we have dispatched the Product.

Delivery:

All delivery times quoted to you are indicative only. We do not accept any liability whatsoever for delayed delivery caused by any third party.