1. TERMS AND CONDITIONS

In terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002, these terms and conditions are binding and enforceable against all persons that access MOGUL EQUINE (PTY) LTD’S (“MOGUL EQUINE”) Website or any part thereof. 

2. DEFINITIONS AND INTERPRETATION

2.1 The following definitions have the following meanings:

2.1.1 BROWSER TYPE – the software program running on a computer that allows the USER to access documents on the internet which may be text or graphic.  Such programs read HTML coded pages that reside on a server and interpret the coding to be viewed as a web page.  An example of a browser is Internet Explorer;

2.1.2 CACHING – a process where data from the WEBSITE is temporarily stored in order to reduce bandwidth usage, server load and perceived lag and “CACHED” will have a corresponding meaning;

2.1.3 USER – the client or user of this WEBSITE or the customer being the party ordering or using the PRODUCTS and “YOU” or “YOUR” will have a similar meaning as the context may indicate;

2.1.4 CONTENT – includes the information, images, binary data, services and any other content contained on the WEBSITE;

2.1.5 COOKIES – a data file that certain websites write to a computer’s hard drive when the USER uses the WEBSITE. Cookie files contain information such as a USER identification code that the WEBSITE uses to track the pages the USER has visited;

2.1.6 CPA – Consumer Protection Act, 68 of 2008, as amended from time to time;

2.1.7 ECT ACT – the Electronic Communications and Transactions Act, 25 of 2002, as amended from time to time;

2.1.8 HIDEZ PRODUCTS – equine or canine Hidez compression products supplied by MOGUL EQUINE to YOU;

2.1.9 MANUFACTURING DEFECT – a defect in the HIDEZ PRODUCT which occurred during manufacturing;

2.1.10 MOGUL EQUINE – Mogul Equine (Pty) Ltd (registration number 2010/000086/07), a private profit company duly incorporated and registered as such under the laws of the RSA, having its principal place of business at 101-4th Street, Linden, Johannesburg, 2195 and US, WE or OUR will have a corresponding meaning;

2.1.11 ORDER – an order by YOU for the PRODUCTS using this WEBSITE and PAYGATE to complete the online payment;

2.1.12 PAIA – Promotion of Access to Information Act, 2 of 2002, as amended from time to time;

2.1.13 PAYGATE – PayGate (Pty) Ltd, registration number, 1999/017441/07, the online service provider for processing of online payment transactions integrated to OUR WEBSITE by clicking “PROCEED TO PAYGATE”;

2.1.14 PAYGATE TERMS AND CONDTIONS – the terms and conditions of PAYGATE which are applicable to the online payment for the ORDER;

2.1.15 POPI – Protection of Personal Information Act, 4 of 2013, as amended from time to time;

2.1.16 PRODUCTS – any equine or canine products supplied to the USER by MOGUL EQUINE;

2.1.17 REFERRER – the referrer is the page that causes the BROWSER to request a page or image from the MOGUL EQUINE servers or its nominated service provider’s servers;

2.1.18 RSA – Republic of South Africa;

2.1.19 TERMS AND CONDITIONS – these terms and conditions which form an agreement between the USER and MOGUL EQUINE, as contained on the WEBSITE;

2.1.20 USER – means any person who enters and/or uses the WEBSITE and/or uses the WEBSITE to purchases the PRODUCTS;

2.1.21 WEBSITE – MOGUL EQUINE’s website owned and operated by MOGUL EQUINE and located at https://mogulequine.co.za including any page or element thereof and all the domains that are currently directed to the live website that is owned and operated by MOGUL EQUINE.

2.2 Notwithstanding that any hyper-links on this AGREEMENT, may be non-operational, this will not play a role in the determination of the validity and interpretation of these TERMS AND CONDITIONS.

2.3 The use of the word “including” followed by specific examples will not be construed so as to limit the meaning of the general wording preceding it.

2.4 Any reference to any statute, regulation or legislation is a reference to such statute, regulation or legislation as at date of access to the WEBSITE by a USER and as amended or substituted from time to time.

3. GENERAL

MOGUL EQUINE is an e-commerce store that sells products for equine and canine use in the RSA

4. PURCHASING POLICIES

4.1 Accurate measuring for Hidez products and returns

4.1.1 It is very important to accurately measure YOUR dog or horses using our sizing charts before YOU place an ORDER for the PRODUCTS. It is YOUR duty to ensure that YOU order the correct size.

4.1.2 Due to the fact that the HIDEZ PRODUCTS are custom-made and fully imported according to YOUR specifications and the sizing is confirmed in YOUR ORDER, no returns are accepted unless there is a MANUFACTURING DEFECT.  In terms of the CPA, we are not required to accept returns on custom-made goods.

4.1.3 If YOU made an error in the sizing of YOUR ORDER and YOU would like to change the sizing or colour, YOU may contact US immediately at orders@moguleuqine.co.za and WE will assist YOU with the required change to the sizing of the PRODUCT if we have not already activated YOUR ORDER.   If YOUR delivery has already been dispatched from the factory in Australia, WE will not be able to change YOUR ORDER.

4.2 Not what you ordered?

4.2.1 If WE accidentally deliver the wrong product to YOU, WE will collect the PRODUCT from YOU at no charge. Once we have inspected the PRODUCT and validated YOUR return, WE will at YOUR choice deliver the correct PRODUCT to YOU as soon as possible or credit YOUR account with the purchase price of the PRODUCT. 

4.2.2 Credits will be made within 7 (seven) days to YOUR nominated bank account.  It will be YOUR responsibility to ensure that MOGUL EQUINE receives the correct bank details for any refund for incorrect PRODUCTS delivered to YOU. 

4.2.3 Replacement PRODUCTS will be delivered to door within 30 days of collection of the wrong product. Please keep the incorrect product and its packaging in good order until WE collect it.  WE will send a courier or a person to collect same as soon as reasonably possible.  

5. PRICING AND PAYMENT TERMS

5.1 MOGUL EQUINE only accepts ORDERS once payment has been made in full and the USER’S bank account has been debited using PAYGATE.  This can take up to 48 (forty-eight) hours.  We will activate YOUR ORDER once we are in receipt of full payment.

5.2 All prices are subject to change without prior notice and are inclusive of VAT.  We pay the customs duty VAT and import duties on all the PRODUCTS and YOU will not be liable for these. 

5.3 PAYGATE is MOGUL EQUINE’s on-line payment processor for on-line payments and the terms and conditions of PAYGATE are applicable to the on-line payments made with PAYGATE and MOGUL EQUINE – when YOU click “PROCEED TO PAYMENT”, YOU will find PAYGATE the terms and conditions which are applicable to all of OUR on-line payments.  YOU have to click “I AGREE” to the PAYGATE terms and conditions before YOU can proceed to payment.

6. WARRANTY FOR MANUFACTURING DEFECTS

6.1 All HIDEZ PRODUCTS are guaranteed for manufacturing defects for 12 months from date of purchase.  YOU will require YOUR proof of purchase or invoice in order for MOGUL EQUINE to process a warranty claim.

6.2 Please bear in mind that manufacturing defects include faults or defects that occurred during manufacture of the HIDEZ PRODUCT.  Note that accidental damage or tears to the HIDEZ PRODUCT is not considered to be a warranty claim and accidental damage whether negligent or otherwise will be treated as a repair.

6.3 If there is a manufacturing defect in the PRODUCT, please contact info@mogulequine.co.za with a photograph of the defect and WE will contact YOU to discuss the problem.  WE will forward the photograph of the defect to our supplier for their consideration and advice.

6.4 If the supplier agrees that the defect is in fact a manufacturing defect, WE will send a courier to collect the defective product and it will either be replaced or repaired by our supplier in Sydney Australia and returned to YOU by courier once this has been effected.

7. REPAIRS TO PRODUCTS

7.1 If YOU or YOUR animal has accidentally damaged the PRODUCT, this will qualify as a repair and not a manufacturing defect and our repair price list will be emailed to YOU if YOU contact info@mogulequine.co.za

7.2 YOU will be responsible for the charges for repairs as per our standard repair price list as well as all courier charges relating to the repairs to return the product to Australia for repairs in the factory and to deliver the HIDEZ PRODUCT back to YOU in the RSA at YOUR nominated address.

7.3 MOGUL EQUINE will send YOU an invoice for the repairs and upon receipt of payment, WE will dispatch a courier to collect the PRODUCT and once repaired, the item will be couriered back to YOU to enjoy.

8. RECOMMENDED USE AND CARE INSTRUCTIONS

8.1 All HIDEZ PRODUCTS are breathable and the fabric is elasticated. 

8.2 For fitting instructions, please refer to our WEBSITE fitting instructions.

8.3 Equine Compression Suits

8.3.1 The recommended use of Equine Compression Suits is that the horse must be on a lead rein or standing and secured in such a manner it cannot rub against any rough or uneven surface or a surface that will damage the suit.

8.3.2 The horse cannot lie down, but travel in horse boxes where a horse is standing is suitable, although avoid damage where other horses can damage the suit through biting or tearing the suit.

8.3.3 Under no circumstances should the Hidez suit be left on whilst the horse is in its stable or in a yard without being secured as explained above.  Ideally, the horse should be on a lead-rein so that it cannot damage the suit.

8.3.4 Equine Compression Suits are safe to use during travel and after work.

8.3.5 Equine Compression Suits can be used for a variety of Equine medical conditions and we recommend YOU consult YOUR veterinarian if YOU want to use a suit post-operatively or for the benefits of circulation in post-recovery.

8.4 Canine Compression Suits

8.4.1 The recommended use of the Hidez Canine Suit is for active dogs and dogs that suffer from anxiety.  The improvement in circulation during exercise and post-recovery after exercise is remarkable.  See our infrared photographs indicating the improvement in circulation for dogs after only 1 hour.

8.4.2 The Hidez Canine Suits reduce anxiety in dogs and their general use is safe and comforting to dogs.

8.4.3 If YOUR dog suffers from any medical condition, WE recommend that YOU consult YOUR veterinarian as there are a variety of health benefits that compression technology has for dogs suffering from various conditions, including arthritis, post-operatively, etc.

8.5 Equine Compression Hoods

8.5.1 Hidez Compression Hoods work on the acupuncture pressure points in a horses’s face and on the poll-axis meridian to help release endorphins and to relax the horse. 

8.5.2 Equine Compression Hoods can be used during work, travel or stable time.

8.5.3 Equine Compression hoods can be used at any time in the stable to reduce crib-biting and weaving. 

8.5.4 Generally, the Compression Hoods take about 15 minutes from the time of fitting to have an effect and best results are achieved on the second day of use during work. 

8.5.5 Equine Seamless Hidez Compression without zippers Hoods are ideal to fit under a bridle. 

8.5.6 Equine Hidez Compression Hoods with zippers are ideal for use over or under the bridle and can be easily removed if over the bridle by unzipping the zipper. 

8.5.7 The Equine Compression Hoods are also ideal for horses that don’t box well and need to relax in the box so travelling with the Compression Hoods is recommended.

8.6 Ice Compression Socks

8.6.1 Equine Ice Compression Socks can be used as a preventive measure after work or during injury to reduce swelling and improve circulation in a horse’s legs. 

8.6.2 Ice compression socks combine compression with icing and are very easy to use.  Recommended icing is 20 minutes per horse (or until the ice melts), however, if YOU leave the ice compression sock on a horse that has any swelling, the compression will assist with circulation in the relevant leg.  YOU can leave the ice to melt and leave the ice sock on the horse, but be careful not to let YOUR horse damage the sock if unattended.

8.7 Seamless Compression Socks

8.7.1 Seamless Compression Socks have a variety of veterinary uses and we recommended that YOU consult YOUR vet to ensure that YOU use the Seamless Compression Sock where ever YOUR horse will benefit.  Some of the uses for the Compression Socks are to close up lacerations and wounds and improve recovery time, reduce swelling caused by injury, cellulitis and/or where a horse suffers lymphatic problems.   

8.8 Wash and Care Instructions

All HIDEZ PRODUCTS are made from a tight fitting stretch fabric which requires the appropriate care.  To care for the suit and all the garments, note the following:

8.8.1 all Hidez suit are Machine Washable;

8.8.2 gentle machine wash;

8.8.3 do not bleach;

8.8.4 do not tumble dry;

8.8.5 do not store wet;

8.8.6 do not iron;

8.8.7 drip dry out of direct sunlight;

8.8.8 avoid rough surfaces;

8.8.9 do not dry clean.

8.8.10 use a washing powder that does not caustic soda.

9. LIMITATION OF LIABILITY IN RESPECT OF PRODUCTS

9.1 Our PRODUCTS are safe and have been developed to apply graduated compression to healthy animals and in the case of injured animals in consultation with YOUR veterinary practitioner. 

9.2 If YOUR animal has a health condition, please consult YOUR veterinarian to ensure that YOU use the compression products as recommended by YOUR veterinarian. 

9.3 Whilst MOGUL EQUINE takes reasonable care in providing the PRODUCTS to YOU that are safe and promote the well-being of YOUR animals, MOGUL EQUINE will not be liable for any claims, liabilities, losses, damages (direct or consequential), legal expenses (“LOSSES”), arising from the death or personal injury of an animal, now or in the future, from any cause whatsoever arising.

10. ALLOWED USE AND LICENSE

10.1 USERS are advised that the WEBSITE content may be copyright protected and is subject to the RSA and international copyright laws.  USERS may not infringe copyright and the license granted to the USER is subject to such copyright.

10.2 MOGUL EQUINE hereby licenses the USER to view, download and print the content of the WEBSITE, provided that such content is used for private, personal, educational and/or non-commercial purposes only.  Content from the WEBSITE may not be used or exploited by USERS for any commercial and non-private purposes without the prior written consent of MOGUL EQUINE.

10.3 USERS may not access, browse and use the WEBSITE for illegal purposes.

10.4 The USER warrants in favour of MOGUL EQUINE that it will not:

10.4.1 use the WEBSITE to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;

10.4.2 will not, other than for personal and non-commercial use, “mirror” or cache information provided via the WEBSITE on the USER’S own server, or copy, adapt, modify or re-use the text or graphics from the WEBSITE without prior written consent by MOGUL EQUINE.

11. CACHING

WE use caching for our WEBSITE as follows:

11.1 the purpose of the caching is to make the onward transmission of CONTENT from the WEBSITE more efficient;

11.2 the CACHED CONTENT is not modified in any manner whatsoever;

11.3 the CACHED CONTENT is removed or updated as required by MOGUL EQUINE.

12. RESERVATION OF RIGHTS

If any USER uses any CONTENT from the WEBSITE in breach of the provisions detailed herein, MOGUL EQUINE reserves the right to claim damages from the USER and/or to institute criminal proceedings against the USER.

13. DISCLAIMER AND LIMITATION OF LIABILITY FOR USE OF THE WEBSITE

13.1 MOGUL EQUINE, its owners, employees, suppliers, internet service providers, partners, affiliates and/or agents will not be liable, in any manner whatsoever, for any damages, (whether in contract or in delict), loss and/or liability that arises directly or indirectly from:

13.1.1 the use of the WEBSITE and/or its CONTENT by the USER and/or any third-party who may now or in the future obtain CONTENT;

13.1.2 a breach of the TERMS AND CONDITIONS by the USER;

13.1.3 the USER’S access to the WEBSITE;

13.1.4 the USER’S access to other websites which may be linked to the WEBSITE;

13.1.5 the USER’S inability to access websites which are or may be linked to the WEBSITE;

13.1.6 the use of CONTENT;

13.1.7 downloads and use of CONTENT from the WEBSITE;

13.1.8 technical problems relating to MOGUL EQUINE’S network;

13.1.9 an act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national;

13.1.10 an act of default of any supplier, agent or sub-contractor;

13.1.11 industrial disputes; or

13.1.12 any other cause beyond MOGUL EQUINE’S control.

13.2 The WEBSITE is supplied on an “as is” basis and has not been compiled to meet the USER’S individual requirements.  It is the responsibility of the USER to satisfy himself/herself, prior to entering this WEBSITE and thereby binding himself/herself to the TERMS AND CONDITIONS, that the content available from and through the WEBSITE meets the USER’S individual requirements and that same is compatible with the USER’S hardware and software requirements.

13.3 Information, ideas and/or opinions expressed on the WEBSITE should not be regarded as professional advice or the official opinion of MOGUL EQUINE and USERS are encouraged to take professional advice before taking any course of action related to the information, ideas or opinions expressed on the WEBSITE.

13.4 MOGUL EQUINE does not make any warranties or representations, whether express, tacit or implied that:

13.4.1 the CONTENT and services available from the WEBSITE will in all cases be true, correct or free from any errors.  MOGUL EQUINE will take all reasonable steps to ensure the quality and accuracy of content available from the WEBSITE but does not guarantee the accuracy, reliability or availability of the CONTENT;

13.4.2 the WEBSITE will be available at all times.  USERS acknowledge that the WEBSITE may be unavailable due to updates or other causes beyond the reasonable control of MOGUL EQUINE, including, but not limited to virus infection, unauthorised access (hacking), and/or power failure due to acts of God;

13.4.3 the WEBSITE and/or CONTENT will meet the USER’S requirements, be uninterrupted, complete, timely, secure or error free.

14. HYPERLINKS

14.1 The WEBSITE may contain hyperlinks to third-party sites and in particular this WEBSITE contains a link to PAYGATE’S payment portal. 

14.2 Use of the PAYGATE payment facility is subject to the terms and conditions of PAYGATE.

14.3 MOGUL EQUINE is not responsible for the content of, or the services offered by those third-party sites. The hyperlink(s) are provided solely for the USER’S convenience and should not be construed as an express or implied endorsement by MOGUL EQUINE of the site(s) or the products or services provided therein.  The USER’S accesses those sites and uses their products and services solely at the USER’S own risk.

14.4 MOGUL EQUINE accepts no liability whatsoever, for any damage (whether in contract or in delict ), loss and/or liability, which may arise now or in the future from the use of the CONTENT, if such CONTENT was accessed through a hyperlink not directed at the homepage of the WEBSITE.  USERS that wish to link to CONTENT beyond the home page of the WEBSITE do so entirely at their own risk and hereby indemnify and hold harmless MOGUL EQUINE, its employees and suppliers from any damages (whether in contract or in delict), loss and/or liability, that may result from the use of CONTENT, if such CONTENT was accessed through a hyperlink not directed to the homepage of the WEBSITE.  This indemnity is based on the rationale that deep-linking bypasses these TERMS AND CONDITIONS.

14.5 The USER may quote small and reasonable amounts of CONTENT available from the WEBSITE, if such quote is placed in inverted commas and acknowledged.

14.6 Apart from bona-fide search engines operators and use of the search facility provided on the WEBSITE by USERS, no person may use or attempt to use any technology or applications (including web-crawlers and web-spiders) to search, collect or copy CONTENT from the WEBSITE for any purposes, without the prior written consent of MOGUL EQUINE.  E-mail addresses, names, telephone numbers and fax numbers published on the WEBSITE may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the WEBSITE may be used to communicate unsolicited messages.

14.7 All licenses and permissions granted in terms of AGREEMENT are non-exclusive and non-transferable basis and may be revoked, terminated or cancelled at any time by MOGUL EQUINE without prior written notice or reason.

14.8 Hyperlinks to the WEBSITE from any other source will be directed to the homepage of the WEBSITE. Links beyond the MOGUL EQUINE home page may not be used without MOGUL EQUINE’s prior written consent.

14.9 MOGUL EQUINE may provide hyper-links to third-party websites, which are not controlled by MOGUL EQUINE (“TARGET SITES”) eg. PAYGATE and such links do not imply any endorsement, agreement on or support for the content of such TARGET SITES.

14.10 MOGUL EQUINE does not editorially control the content of TARGET SITES and will not be held liable, in any manner whatsoever or howsoever arising for the inability of a USER to access content available on or through such TARGET SITES.

14.11 E-mail addresses, names, telephone numbers and fax numbers published on the WEBSITE may not be incorporated in any database used for electronic marketing or similar purposes.  No permission is given or should be implied that information on the WEBSITE may be used to communicate unsolicited communications to MOGUL EQUINE and all rights detailed in section 45 of the ECT ACT are reserved.

15. ELECTRONIC COMMUNICATIONS

15.1 All electronic communications, including any attachments thereto that are transmitted to the USER by MOGUL EQUINE, will be on the following terms and conditions:

15.1.1 before any purported agreement, that has been negotiated either wholly or partly by electronic means, will be considered binding on MOGUL EQUINE, the following terms and conditions will apply:

15.1.1.1 an advanced electronic signature, (as defined in the ECT ACT), of a duly authorized member of the board of directors of MOGUL EQUINE will be required to be used and attached to any electronic communication containing any offer and/or acceptance by MOGUL EQUINE, as the case may be;

15.1.1.2 an electronic communication will be considered to have been sent by a director as aforesaid only if:

15.1.1.2.1 the director sent it personally; or

15.1.1.2.2 it was sent by a person who had the required authority to act on behalf of the said director;

15.1.2 any opinion or advice contained in electronic communications relating to these TERMS AND CONDITIONS will be subject to these TERMS AND CONDITIONS unless varied in writing by MOGUL EQUINE;

15.1.3 MOGUL EQUINE is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt;

15.1.4 whilst MOGUL EQUINE does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.

16. INTELLECTUAL PROPERTY AND COPYRIGHT

16.1All intellectual property on the WEBSITE, including but not limited to all CONTENT, trademarks, live-audio streams, domain names, patents, design elements, software, source codes, meta tags, databases, text, graphics, icons and hyperlinks are the intellectual property of or licensed to MOGUL EQUINE and as such, are protected from infringement by domestic and international legislation and treaties.  Subject to the licensed use envisaged in clause 7, all other rights to this intellectual property are expressly reserved.

16.2 All HIDEZ brands are protected by copyright and HIDEZ PRODUCTS are registered designs and are protected by patent and copyright law worldwide (“HIDEZ INTELLECTUAL PROPERTY”).  Any copying, distribution, unlawful replication, distribution of the HIDEZ INTELLECTUAL PROPERTY is prohibited.

17. SOFTWARE AND EQUIPMENT

It is the responsibility of the USER to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the WEBSITE and/or to download CONTENT from the WEBSITE.

18. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

18.1 Access to the services, CONTENT, software and downloads available from the WEBSITE may be classified as “Electronic Transactions” as defined in terms of the ECT ACT and therefore USERS have the rights detailed in Chapter 7 of the ECT ACT.

18.2 MOGUL EQUINE makes the following disclosures to USERS:

18.2.1 Website Owner: MOGUL EQUINE (Proprietary) Limited (Registration Number 2018/545190/07);

18.2.2 Street Address: 101-4TH Street, Linden, Johannesburg, 2195;

18.2.3 Physical Address for receipt of legal service for MOGUL EQUINE:101-4th Street, Linden, Johannesburg, 2195;

18.2.4 The address of the WEBSITE is: https://mogulequine.co.za;

18.2.5 Main business: e-commerce of animal compression products and accessories;

18.2.6 Official email address: info@mogulequine.co.za;

18.2.7 Cost associated with access to the WEBSITE: free;

18.2.8 Alternative dispute resolutions procedure as contemplated in clause 15.3: subject to urgent/interim relief of all disputes regarding:

18.2.8.1 access to the WEBSITE;

18.2.8.2 the inability to access the WEBSITE;

18.2.8.3 the services and CONTENT available from the WEBSITE.

18.3 Any dispute arising in respect of the interpretation or enforcement of these terms and conditions will be referred to arbitration in terms of the Expedited rules of the Arbitration Foundation of Southern Africa and such arbitration proceedings will be conducted in Johannesburg in English.  The arbitration ruling will be final and the unsuccessful party will pay the costs of the arbitration of the successful party on a scale as between attorney and own client a in the amount of R3000 (three thousand Rand) per hour and value added tax. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za

18.4 USERS may lodge complaints concerning the WEBSITE with MOGUL EQUINE at its street address stipulated in clause 18.2.2 or via email to info@mogulequine.co.za

19. CHANGES AND AMENDMENT OF TERMS AND CONDITIONS

19.1 MOGUL EQUINE reserves the right, in its sole and absolute discretion, at any time without prior notice or justification, to do any of the following:

19.1.1 amend these TERMS AND CONDITIONS in any respect;

19.1.2 change the CONTENT and/or services available on the WEBSITE;

19.1.3 discontinue any aspect of the WEBSITE, CONTENT and/or services available from the WEBSITE;

19.1.4 change the software and hardware required to access and use the WEBSITE;

19.1.5 amend any prices at which any CONTENT and/or services are offered on the WEBSITE.

19.2 Such changes will be posted on the WEBSITE and will be deemed to have been accepted by the USER if the USER continues using the WEBSITE.  The obligation therefore is on the USER to review these TERMS AND CONDITIONS at regular intervals.

20 . REMOVAL AND CORRECTION OF CONTENT

USERS are encouraged to report untrue, inaccurate, defamatory, illegal, infringing or harmful CONTENT available from the WEBSITE to MOGUL EQUINE and MOGUL EQUINE undertakes to correct and/or remove such content or any part thereof if the person reporting such CONTENT or any part thereof provided reasonable grounds to prove the alleged nature of the CONTENT.

21. INTERCEPTION OF COMMUNICATIONS

The USER agrees that MOGUL EQUINE, its employees, agents, partners and/or affiliates may intercept, block, filter, read, delete, disclose and use all communications sent or posted by the USER to the WEBSITE.

22. PRIVACY STATEMENT

MOGUL EQUINE is committed to respecting the privacy of USER’S personal data.  MOGUL EQUINE has created the processes herein for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.  MOGUL EQUINE will take all reasonable steps to protect the personal information of the USERS.

23. PERSONAL INFORMATION

23.1 For the purposes of this clause, “PERSONAL INFORMATION” is as defined in the PAIA (download the PAIA at http://www.polity.org.za/attachment.php?aa_id=3569) which is information about an identifiable, natural person, and in so far as it is applicable, an identifiable, juristic person, including, but not limited to information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person, information relating to the education or the medical, criminal or employment history of the person or information relating to financial transactions in which the person has been involved; any identifying number, symbol or other particular assigned to the person; the address, fingerprints or blood type of the person, but excludes information about a natural person who has been dead, or a juristic person that has ceased to exist, for more than 20 (twenty) years.

23.2 MOGUL EQUINE will take all reasonable steps to protect the PERSONAL INFORMATION of USERS.  MOGUL EQUINE will not disclose PERSONAL INFORMATION from USERS unless the USER consents to such disclosure.  For example, information may be required when registering purchasing and/or scheduling TREATMENTS.  If the USER elects not to provide information requested by MOGUL EQUINE, access to certain options and services may be restricted by MOGUL EQUINE. 

23.3 MOGUL EQUINE may electronically collect, store and use the following personal information of USERS:

23.3.1 name and surname;

23.3.2 contact numbers;

23.3.3 non-personal browsing habits and click patterns;

23.3.4 e-mail address;

23.3.5 IP address; and/or

23.3.6 selected USER name and password (required for access to personal information pages).

23.4 The WEBSITE’S servers automatically collect information about the USERS IP address, BROWSER TYPE and the REFERRER. 

23.5 Use of Information

23.5.1 MOGUL EQUINE stores and uses the above information for the following purposes:

23.5.1.1 to enhance the USER’S experience of the WEBSITE;

23.5.1.2 to fulfil any agreement with the USER in relation to updates, e-mail alerts or text message alerts;

23.5.1.3 to send the USER details of any of MOGUL EQUINE’S products and/or services by email and/or text message should the USER consent thereto;

23.5.1.4 to answer any queries a USER has sent by email to MOGUL EQUINE;

23.5.1.5 to notify the USER of any important functionality changes to the WEBSITE, new services and/or products and special offers;

23.5.1.6 to provide the USER with access to restricted pages on the WEBSITE;

23.5.1.7 to communicate requested information to the USER;

23.5.1.8 to compile non-personal statistical information about browsing habits, click-patterns and access to the WEBSITE;

23.5.2 PERSONAL INFORMATION may be shared with PAYGATE, employees, agents or entrusted third-parties of MOGUL EQUINE to administer any services provided by MOGUL EQUINE now or in the future.  PERSONAL INFORMATION may be shared with anyone to whom MOGUL EQUINE transfers its rights and duties under these TERMS AND CONDITIONS, subject to being legally obliged or permitted to do so.  MOGUL EQUINE may collect, maintain, save, compile, share, disclose and sell any information collected from USERS, subject to the following provisions:

23.5.2.1 the WEBSITE uses tracking software to monitor USER traffic patterns and site usage to assist MOGUL EQUINE with WEBSITE development and design.  Such software does not enable MOGUL EQUINE to capture “Special Personal Data as defined in POPI which includes information about the racial or ethnic origin of the data subject, his political opinions, religious beliefs, whether the USER belongs to a trade union, the USER’S physical or mental health, the USER’S sexual life, the commission or alleged commission by the USER of an offence and any proceedings for any offence committed or alleged to have been committed by the USER;

23.5.2.2 MOGUL EQUINE retains all rights to non-personal statistical information collected and compiled by MOGUL EQUINE, its employees and/or agents.

23.6 Cookies

23.6.1 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the USER.  USERS may determine cookie use independently through their browser settings.

23.6.2 Should the USER choose to disable the receipt of COOKIES from the WEBSITE, by either changing the browser settings to display a warning before accepting a COOKIE or to refuse COOKIES, the USER may not be able to use certain features of the WEBSITE.

24. SECURITY

24.1 MOGUL EQUINE will take all reasonable steps to secure the content of the WEBSITE and the information provided by and collected from USERS from unauthorised access and/or disclosure.  However, MOGUL EQUINE does not make any warranties or representations that all CONTENT will be completely safe and secure.

24.2 MOGUL EQUINE is under no legal duty to encrypt any CONTENT or communications to and from the WEBSITE and is also under no duty to provide digital authentication of any page of the WEBSITE.

24.3 USERS may not deliver or attempt to deliver, whether on intentionally or negligently, any damaging code, such as computer viruses, to the WEBSITE or the server and to any computer network that supports the WEBSITE.  Notwithstanding criminal prosecution, any person who delivers any damaging code to the WEBSITE, whether intentionally or negligently, will, without limitation, hereby indemnify and hold harmless MOGUL EQUINE, its employees, partners, affiliates and/or agents against any liability, damages and losses that MOGUL EQUINE, its employees, partners, affiliates and/or agents may now or in the future suffer as a result of such damaging code.

24.4 USERS may not develop, distribute or use any device to breach or overcome the security measures of MOGUL EQUINE, its employees, agents, partners and/or affiliates and MOGUL EQUINE reserves the right to claim damages from all or any persons concerned.  Any USERS who contravene the provisions of this clause, will notwithstanding any criminal prosecution, be liable for all damages and losses incurred and/or suffered by MOGUL EQUINE, its employees, agents, partners and/or affiliates as a result of such contraventions.

24.5 The USER agrees and warrants that data messages that are sent to MOGUL EQUINE from a computer, IP address or mobile device normally used by or owned by the USER, was sent and/or authorised by the USER personally.

25. GENERAL

25.1 Governing Law

Subject to clause 15, these terms and conditions will be governed by the laws of the RSA and all matters or things arising out of or in respect of these terms and conditions, the website and/or the content will be decided in terms of the laws of the RSA.  The USER agrees to submit to the exclusive jurisdiction of the courts of the RSA.

25.2 Legal Costs

MOGUL EQUINE will not be liable for any costs incurred by USERS to obtain professional advice relating to these TERMS AND CONDITIONS.

25.3 Severability

These TERMS AND CONDITIONS are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the TERMS AND CONDITIONS.

25.4 Non-Waiver

A failure by MOGUL EQUINE to exercise any particular rights or provision of these TERMS AND CONDITIONS will not constitute a waiver of such right or provision, unless acknowledged and agreed to by MOGUL EQUINE in writing.

25.5 Whole Agreement

These TERMS AND CONDITIONS, as varied by MOGUL EQUINE from time to time in Mogul Equine’s sole discretion to clause 16, constitute the sole agreement between the USER and MOGUL EQUINE.

26. ORDERS

Your product is fully imported orders arrive within 30 days.

Custom made products 30 days from date provided, finished artwork in AI format.