Terms of Use | Maui Jim®

TERMS OF USE OF THIS WEBSITE / APPLICATION

1.1 By using this website or application, you are agreeing to comply with the following Terms of Use, which form a legally binding contract between you and Maui Jim, Inc., Maui Jim South Africa (Pty) Ltd, and affiliated companies (collectively, "we", "our", "us" or the “Company”). Please review these Terms of Use closely! In particular, if you are a consumer for purposes of the Consumer Protection Act 68 of 2008, as amended ("CPA") the provisions listed in clause 2.2 below are expressly drawn to your attention because such provisions :

1.1.1 may limit the risk or liability of the Company or a third party; and/or
1.1.2 may create risk or liability for you; and/or
1.1.3 may compel you to indemnify the Company or a third party; and/or
1.1.4 serves as an acknowledgment, by you, of a fact.

1.2 The relevant provisions for purposes of clause 2.1 are:

1.2.1 Clause 2.5 in terms of which: i) we limit the scope of our liability to you; ii) you agree to reduce the types of remedies you have against us; and iii) you agree to us limiting the quantum and type of damages and other amounts you may claim from us. The effect thereof may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us.
1.2.2 Clause 2.6 in terms of which: i) we limit the scope of our liability to you; ii) you agree to indemnify us from certain third party claims. The effect thereof: i) may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us; and ii) you may be obliged to reimburse us if any third party makes a claim against us in connection with the matters referred to therein.

1.3 Information and required disclosures under section 43 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECT Act”) that are not contained elsewhere in these Terms Of Use:

1.3.1 the full name and legal status of Maui Jim South Africa is Maui Jim South Africa (Registration Number: 2013/068083/07), a company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”), whose full and further details appear hereunder:

1.3.1.1 Directors: Michael Wayne Dalton, Paul Joseph Lippens Jnr;
1.3.1.2 Telephone Number: 27 010 015 1500;
1.3.1.3 E-mail Address: sales.za@mauijim.com;
1.3.1.4 Site: www.mauijim.com;
1.3.1.5 Physical Business Address: 37 Waterford Office Park
Cnr Waterford Drive and Witkoppen Road
Fourways, South Africa 2191;

2.1 Representations. By accessing or using the website, you are representing to the Company that you are at least eighteen (18) years of age (or have consulted with and obtained permission from your parent or legal guardian).

2.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR APPLICATION OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

2.3 Indemnity. By using this application, you agree to defend, indemnify and hold harmless the Company, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the website or application; (ii) your breach of any of these Terms of Use; and (iii) your infringement of any third party rights in relation to your use of and access to the website or application.

2.4 Governing Law. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of South Africa without regard to its conflicts of laws provisions.

2.5 Jurisdiction. The parties agree to submit to the personal jurisdiction and sole and exclusive venue of the courts of South Africa.

2.6 Invalidity. If any of the provisions in these Terms of Use is judged to be invalid or unenforceable, the defective provision shall first be revised, limited, or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of these Terms of Use shall be unaffected and shall remain enforceable.

INTELLECTUAL PROPERTY NOTICE

Welcome to this website or application (the "Site"). Please review the following basic terms and conditions that govern your use of our Site. Please note that the services we provide you are subject to these terms, and that your use of our Site constitutes your agreement to follow and be bound by these terms.

Unless otherwise noted, all materials, including text, illustrations, photographs, designs, graphics, logos, button icons, images, audio clips, software, written and other material (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties, owned, controlled or licensed by Maui Jim, Inc. (hereinafter “Maui Jim’s Intellectual Property”). U.S. and international copyright and trademark laws protect the Contents and the Site as a whole. Maui Jim’s Intellectual Property may not be used without our express written consent. We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written permission of Maui Jim, Inc. This license does not include any resale or commercial use of this Site or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its Contents; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of Maui Jim’s Intellectual Property or other proprietary information (including images, text, page layout or form) of the Site without our express written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks or any other of Maui Jim’s Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by us.

Unless otherwise noted, all trademarks, service marks, and trade names used herein, are trademarks or registered trademarks of Maui Jim, Inc. in the U.S. and certain jurisdictions, including but not limited to: MAUI, MAUI JIM, MAUI JIM (STYLIZED), MAUI JIM & PARROT DESIGN, MAUI EVOLUTION, MAUIREADERS, MAUIREADERS PLUS, MAUI PURE, MAUI ROSE, MAUIFLEX, MAUIGRADIENT, MYMAUI, POLARIZEDPLUS, POLARIZEDPLUS2, CLEARSHELL, COLOR LIKE YOU’VE NEVER SEEN IT, HCL, REFLECT YOUR BRILLANCE, TITANIUM ELITE, WELCOME TO COLOR, COLOR.CLARITY.DETAIL, MAUI JIM AUTHENTIC POLARIZEDPLUS2 and Design, THE WORLD’S MOST MEMORABLE GIFT EXPERIENCE and WWW.MAUIJIM.COM. POLAGE is a trademark of Austine Studios. GUY HARVEY is a trademark of Guy Harvey, Inc. PolarizedPlus2 lens technology is covered by U.S. Patent No. 6,145,984. Maui Jim Sunglasses may be covered by one or more of the following patents, or other patents not listed herein: U.S. Patent Nos. D481059; D481060; D488829; D508514; D539828; D543230; 9,671,622; 7,717,557; 6,145,984; and 8,550,619.