Terms and Conditions

IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE LOFTY  WEBSITE, WEB PAGES OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE LOFTY WEBSITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION
a) “the LOFTY website” means the website, owned and operated by LOFTY and located at www.LOFTYFASHION.com including any page, part or element thereof;
b) “LOFTY” means LOFTY DESIGNS  and is registered under the Registration of Business Names Act 1962 ( No. 151) with registration number  BNOALPS2015, viz.
c) “User” means any person who enters or uses the LOFTY website, notwithstanding the fact that such a person only visits the home page of the LOFTY website;
d) References herein to the singular includes the plural and vice versa; and
e) Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
1. GENERAL
LOFTY DESIGNS is based in Ghana, an African fashion retailer that sells a variety of African print products at affordable prices on cash basis
2. ALLOWED USE AND LICENSE
2.1 LOFTY licenses the User to view, download and print the content of the LOFTY website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
2.2 Content form the LOFTY website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of LOFTY.
2.3 Users may only access, browse and use the LOFTY website for legitimate personal or commercial purposes and may not use the LOFTY website or any LOFTY services and/or products for:
2.3.1 Harmful purposes;
2.3.2 Illegal purposes;
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications.
2.4 The caching of the LOFTY website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the LOFTY website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by LOFTY.
2.5 If any User uses content from the LOFTY website in breach of the provisions detailed herein:
2.5.1 LOFTY reserves the right to claim damages from the User;
2.5.2 LOFTY reserves the right to institute criminal proceedings against the User; and
2.5.3 LOFTY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the LOFTY website from any other source shall be directed at the home page of the LOFTY website. Links beyond the LOFTY home page may only be used with LOFTY’s prior written consent.
2.7 LOFTY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the LOFTY website, if such content, products or services were accessed through a hyperlink not directed at the home page of the LOFTY website. Persons that wish to link to pages beyond the home page of the LOFTY website without LOFTY’s prior written consent shall do so at their own risk and indemnify LOFTY against any loss, liability or damage that may result from the use of such hyperlinks. LOFTY’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the LOFTY website and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of LOFTY, frame the LOFTY website in any manner whatsoever.
2.10 Apart from the bona-fida search engine operators and use of the search facility provided on the LOFTY website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content form the LOFTY website for any purpose whatsoever, without the prior written consent of LOFTY.
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the LOFTY website may not be incorporated into any database for electronic marketing or similar purposes. No permission is given or should be implied that information on the LOFTY website may be used to communicate unsolicited communications to LOFTY and all rights detailed in section 45 of the ECT Act are reserved.
2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by LOFTY at any time without prior notice or reasons.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the LOFTY website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to LOFTY and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the LOFTY website are expressly reserved.
3.2 No person may use logos, icons or trade marks from the LOFTY website as hyperlinks or for other purposes without LOFTY’s prior written consent.
4. 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 LOFTY website and/or download content from the LOFTY website.