Terms and Conditions

Table of Content
  1. Agreement to Terms and Conditions
    2.
  2. Notice To Parents
    3.
  3. Subscription
    4.
  4. General Conditions
    5.
  5. Shop Items
    6.
  6. User License Agreement
    7.
  7. Intellectual Property
    8.
  8. Accuracy of Billing and Account Information
    9.
  9. Optional Tools
    10.
  10. Third-Party Links
    11.
  11. Personal Information
    12.
  12. Errors, Inaccuracies and Omissions
    13.
  13. Prohibited Uses
    14.
  14. Authorized Use
    15.
  15. Disclaimer of Warranties; Limitation of Liability
    16.
  16. Indemnification
    17.
  17. Severability
    18.
  18. Governing Law
    19.
  19. Contact Information
    20.

Page updated on 20 February 2025

1. Agreement to Terms and Conditions
Please read these Terms and Conditions carefully before accessing, or using my website. This website is being operated by Juanay Hauptfleisch (JH). Throughout the site, the terms “I”, “we”, “us”, “JH”, Juanay Hauptfleisch” and “our” refer to Juanay Hauptfleisch site. Juanay Hauptfleisch (JH) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current shop shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
2. Notice to Parents
IF THE USERS ARE MINORS IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGE OF 18) MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN TO USE THE SITE. IF YOU ARE A MINOR, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS AND CONDITIONS PRIOR TO YOU USING THE SITE.
3. Subscription
No subscription is needed to purchase any digital content from the shop. The user license is still bound by the Terms and Conditions on this page.
4. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Although the Juanay Hauptfleisch (JH) site is a secure site (HTTS), you understand that your content (not including credit card information), might be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Juanay Hauptfleisch (JH). The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. Shop Items
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
5.1 Modification to Prices of Products

Prices for our digital products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. User License Agreement
This section of the this page, “Section 6. User License Agreement” on the “Terms and Conditions” page” contains important legal terms. By reading or buying any digital products, any item that you pay for or download from this site (Juanay Hauptfleisch), you agree that you have read the User License Agreement, Terms and Conditions and the Privacy Policy. If you do not agree with the User License Agreement or Terms and Conditions, you are not allowed to use any of this site’s digital prducts. Definitions:
  • Digital Product: A digital product is a product that is sold online and only exists in a digital form. Digital products are accessed through electronic devices, such as computers and smartphones. Example: eBooks Videos 3D Models Vector Art Digital Art Gifs
  • Material Designs: Material Designs refers to the graphic designs that will be printed. 
6.1 Commercial Use

“Commercial Use”
“Commercial” use in any use of the following:
a) That involves an exchange of money or other consideration,
b) that promotes a business (e.g. sole propertietorship, corperation or partnership), product or service,
c) Or where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the License Asset or Assets.

If any one or more of the criteria is met in (a), (b) and (c), then the use is deemed “Commercial”

Non-commercial Use (Personal Use or Private Use)

“Non-commercial” is when you use the assets, content or items for perosnal purposes. When you (the “user” or “Licensee”) use the product for “Commercial Use”, then you cannot deem it as “Non-commercial” use.

6.2 Parties To The User License Agreement

This License Agreement is an agreement between

a) The Licensee (you the “User” or “Buyer”) who is the individual person indicated as the Licensee durying the purchase of the digital content or the person’s employer if that person is acting on the employer’s behalf and the employer’s authorization and;

b) we the Licensor juanayhauptfleisch.com (“JH”) and the seller Juanay Hauptfleisch(“Shop Owner”) as Licensor.

If you are purchasing on the behalf your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this User License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this User License Agreement.

6.3 End Use

An “End Use” of a Licensed Product(s) or Asset(s) means use of the Licensed Product(s) or Asset(s) only as expressly permitted below. Any End Use for Commercial use must:

(a) be significantly different than what the original Licensed Asset is,
(b) require time, effort and skill to produce and
(c) not derive its primary value from the Licensed Asset itself.

6.4 Allowed
6.4.1 Social Media Marketing

Personal Use (Non-commercial Use) For Social Media:

Where applicable, for like example an individual, the end product can be used on personal or individual social media accounts for Non-commercial Use.

Company Social Media for Commercial use:

Only one License of Asset is allowed per company. Where applicable, like example any businesses or companies that owns the License of Assset (bought from Juanay Hauptfleisch), is allowed to use the end product within the company’s own managed social media business account and pages.

(You do not need a separate license for each business account or page)

6.4.2 Broadcast and Streaming

Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or streaming of motion picture and audio visual works, including advertisements, is permitted for Commercial Use and Non-commercial Use.

6.4.3 Digital Development

You are allowed to use the Digital Product/s (3D Models, Textures, Vectors, Illustrations) for Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development, and is allowed for Commercial use or Non-commercial use.

6.4.4 Material Designs

You can use the Digital Product/s (Example: Vectors) in Material Design/s for any teaching purposes.

You (User) are allowed to use the Material Designs for Non-commercial use.

You (User), are not allowed to the use the Digital Product/s in Material Designs and, or resell it. Go to Prohibited Uses section 6.6 for more information.

6.5 Limitations on Product Downloads

Only one Digital Product is allowed per company, or individual. Where applicable, like example any businesses or companies that owns the License of Digital Product (bought from Juanay Hauptfleisch), is allowed to use the digital end product within the company’s own managed;

Social media business account and pages.
Presentations
YouTube Videos

(You do not need a separate license for each business account or page)

6.6. Prohibited Uses:
6.6.1 On-Demand Applications

(Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.

6.6.2 Trademark and Copyright

Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless
(1) the Licensed Asset is significantly altered and
(2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to — and Licensee shall not seek to — register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Creative Market for a custom license if these rights are desired.

Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

6.6.3 Future Technologies

The product license is limited to the expressly permitted uses stated in this

User License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.

6.7 Strictly Prohibited Uses

Nothing in this Commercial User License Agreement grants the Licensee any of the following rights, all of which rights are expressly retained:

  1. Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).

  2. Making public or sharing the Licensed Asset(s) in any way that allows others to download, extract, or redistribute Licensed Asset(s) as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

  3.  Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:

    (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

    (ii) may create a risk of any other loss or damage to any person or property;

    (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

    (iv) may constitute or contribute to a crime or tort;

    (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

    (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

    (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    (viii) contains any information or content that you know is not correct and current; or

    (ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  4. Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

  5. Any other use that is not expressly permitted in Section 6 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.

  6. Reselling any Licensed Asset(s) as NFT’s(non-fungible token) or any digital crypto asset(s) or use it in any NFT’s (non-fungible token). (NFT’s can be associated with reproducible digital files or asset(s) such as Videos, Photos, Digital Art, Motion Graphics, 3D Art, etc.)

  7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)

6.8 Third Party Use Requires Separate License

This Commercial User License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 6.9.

6.9 Limited Sublicensing Is Permitted

Licensee may sublicense Licensee’s rights to third parties in only three situations:

(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this Commercial User License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;

(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and

(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this Commercial User License Agreement by the sublicensee and remain liable hereunder for any non-compliance.

6.10 Attribution to Juanay Hauptfleisch or Licensee

When credit is required: All editorial use requires a credit; however for non-editorial use a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits.

How to provide credit: “[Licensed asset product type] Copyright [Shop Owner] via Juanay Hauptfleisch”

6.11 Important General Legal Provisions for JH Shop
6.11.1 Intellectual Property of JH Shop

All digital content available on https://www.juanayhauptfleisch.com/shop including, without limitation, the Licensed Product(s) or/and Asset(s), is protected by South Africa and international copyright and other laws and treaties.

As between you and the Shop Owner, the Shop Owner retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee, the Shop Owner, and Juanay Hauptfleisch are reserved by the Shop Owner and Juanay Hauptfleisch.

Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a Licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself.

This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

6.11.2 Termination

Juanay Hauptfleisch may terminate this User License Agreement (Commercial and Non-commercial Use) at any time if Licensee breaches any of the terms of this or any other agreement with Juanay Hauptfleisch, in which case Licensee must immediately: cease using the License Asset(s); delete or destroy any copies; and, if requested, confirm to Juanay Hauptfleisch in writing that Licensee has complied with these requirements.

If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this User License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Juanay Hauptfleisch’s request, Licensee agrees to remove any content from such platform or website.

6.11.3 Content Withdrawal
Juanay Hauptfleisch may discontinue licensing the Licensed Asset(s) at any time in its sole discretion. Upon notice from Juanay Hauptfleisch, or upon Licensee’s knowledge, that a Licensed Asset(s) may be subject to a claim of infringement of a third party’s right, Juanay Hauptfleisch may require Licensee to immediately, and at Licensee’s own expense: 
 
(i) cease using the Licensed Asset(s), 
(ii) delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. 
 
Juanay Hauptfleisch will provide you with replacement content (determined by Juanay Hauptfleisch in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this User License Agreement.
6.11.4 Audit
Upon reasonable notice, Licensee agrees to provide to Juanay Hauptfleisch sample copies of projects or end uses that contain Licensed Asset(s), including by providing Juanay Hauptfleisch with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset(s) is reproduced. In addition, upon reasonable notice, Juanay Hauptfleisch may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this User License Agreement and Licensee’s use of the Licensed Asset(s) in order to verify compliance with the payment and other terms of this User License Agreement. If any audit reveals an underpayment by Licensee to Juanay Hauptfleisch of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Juanay Hauptfleisch the amount of the underpayment and any other remedies to which Juanay Hauptfleisch is entitled, you also agree to reimburse Juanay Hauptfleisch for the costs of conducting the audit.
6.11.5 Disclaimer Of Warranties
LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JUANAY HAUPTFLEISCH AND THE SHOP OWNER HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.11.6 Limitation On Liability
IN NO EVENT WILL JUANAY HAUPTFLEISCH, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS USER LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET(S), INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
 
IN NO EVENT WILL THE LIABILITY OF JUANAY HAUPTFLEISCH, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS  USER LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.11.7 Indemnification
Licensee agrees to defend, indemnify and hold harmless Juanay Hauptfleisch, its affiliates, licensors (including, without limitation, Shop Owners) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers)
(i) violation of this Commercial User License Agreement,
(ii) use of the Licensed Asset in violation of law, rules or regulations, or
(iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.
6.11.8 Limitation On Time To File Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET(S) OR THIS COMMERCIAL USER LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
6.11.9 Choice Of Law And Forum

All matters relating to Licensed Asset(s) and the User License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of South Africa without giving effect to any choice or conflict of law provision or rule (whether of the country of South Africa or any other jurisdiction). 

Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset(s) or this User License Agreement shall be instituted exclusively in the courts of Western Cape, South Africa and Country of South Africa, although we retain the right to bring any suit, action or proceeding against Licensee for breach of this User License Agreement in Licensee’s country of residence or any other relevant country. 

Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
6.11.10 Arbitration
AT JUANAY HAUPTFLEISCH SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, JUANAY HAUPTFLEISCH MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET(S) AND THIS USER LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE *SOUTH AFRICAN ARBITRATION ASSOCIATION APPLYING WESTERN CAPE, SOUTH AFRICA LAW.
6.11.11 Waiver And Severability
No waiver of by Juanay Hauptfleisch of any “Terms and Conditions” set forth in this User License Agreement shall be deemed a further or continuing waiver of such terms and conditions or a waiver of any other term or condition, and any failure of Juanay Hauptfleisch to assert a right or provision under this User License Agreement shall not constitute a waiver of such right or provision.
 
If any provision of this User License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User License Agreement, including the Terms and Conditions, will continue in full force and effect.
6.11.12 Entire Agreement

This User License Agreement, together with the Juanay Hauptfleisch Terms of Use (“Terms and Conditions”) constitutes the sole and entire agreement between Licensee on the one hand and Juanay Hauptfleish and the Shop Owner on the other hand with respect to the Licensed Asset(s) and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset(s). 

This User License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset(s).

6.11.13 Notices
All notices required to be sent to Juanay Hauptfleisch under this User License Agreement should be sent via email to info@juanayhauptfleisch.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
6.11.14 Modifications
Juanay Hauptfleisch may modify this User License Agreement by posting an updated version on the Juanay Hauptfleisch website. 
 
The then current version of the User License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the User License Agreement is updated). 
 
Updated versions of the User License Agreement shall not apply retroactively to prior purchases unless either 
(1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”), or
(2) such modification 
(i) does not adversely affect any rights of Licensee and 
(ii) Juanay Hauptfleisch notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
6.11.15 Interpretation
Unless the context requires otherwise, in any part of this User License Agreement:
(i) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; and
(ii) use of the singular imports the plural and vice versa. This User License Agreement shall not be interpreted against the drafting party.
7. Intellectual Property
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy in our Commercial User License Agreement. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy in the Privacy Policy.
9. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
12. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13. Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. Authorised Use
The User is only authorised to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking, without the right of reimbursement of any of the amounts paid. The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties. The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose. The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from Juanay Hauptfleisch (JH). When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.
15. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Juanay Hauptfleisch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16. Indemnification
You agree to indemnify, defend and hold harmless Juanay Hauptfleisch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mossel Bay, Western Cape, 6503, South Africa.
19. Contact Information
Questions about the Terms of Service should be sent to us at info@juanayhauptfleisch.co.za.
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