1. DISCLAIMER OF LIABILITY, WEBSITE CONTENT AND WEBSITE AVAILABILITY

1.1 Disclaimer of Website Content

1.1.1 The Website and all information, content, materials, product descriptions, specifications, pricing, photographs, illustrations, graphics, videos, editorial content, recommendations, opinions, comments, technical information, downloadable material and any other information or material published or made available on the Website (collectively referred to as the "Content") are provided for general informational purposes only.

1.1.2 Whilst ABANTU IN AFRICA endeavours to ensure that the Content published on the Website is accurate, complete, current and reliable, ABANTU IN AFRICA makes no representation, warranty or guarantee, whether express, implied or statutory, regarding the accuracy, completeness, reliability, availability, suitability, merchantability or fitness for any particular purpose of the Content.

1.1.3 Product images, colours, textures, finishes, dimensions and other visual representations displayed on the Website are provided for illustrative purposes only. Due to differences in screen displays, photography, lighting conditions, manufacturing processes and the handcrafted nature of certain products, the actual product delivered may vary slightly from the images displayed on the Website. Such variations shall not constitute a defect or misrepresentation.

1.1.4 The User acknowledges and agrees that any reliance upon the Content shall be entirely at the User's own discretion and risk. To the fullest extent permitted by applicable law, ABANTU IN AFRICA shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to loss of profits, business interruption, loss of opportunity, loss of goodwill or loss of data arising from or relating to reliance upon the Content.

1.1.5 Nothing contained on the Website shall constitute legal, financial, accounting, tax, commercial, technical or professional advice, nor shall any Content be interpreted as creating any representation, warranty or contractual obligation unless expressly incorporated into a written agreement executed by ABANTU IN AFRICA.

1.1.6 ABANTU IN AFRICA reserves the right, at any time and without prior notice, to amend, modify, replace, update, suspend or discontinue any Content, product information, pricing, specifications, collections, services or functionality appearing on the Website.

1.1.7 ABANTU IN AFRICA reserves the right to correct any typographical errors, pricing errors, inaccuracies, omissions or technical errors appearing on the Website without prior notice and shall not be obliged to honour any pricing or information published as a result of an obvious or manifest error, subject always to the Consumer Protection Act, 68 of 2008.

1.1.8 No information published on the Website shall be construed as granting any licence or right to use any intellectual property belonging to ABANTU IN AFRICA unless expressly authorised in writing.

1.1.9 The User indemnifies and holds harmless ABANTU IN AFRICA, its holding companies, subsidiaries, affiliates, directors, officers, shareholders, employees, contractors, consultants, agents, representatives, licensors and service providers from and against any claims, proceedings, liabilities, losses, damages, costs and expenses, including reasonable legal costs where recoverable under applicable law, arising directly or indirectly from:

(a) the User's reliance upon the Content;

(b) the User's use of the Website;

(c) any breach of these Terms and Conditions by the User; or

(d) any unlawful, negligent or fraudulent act or omission committed by the User.

1.2 Website Availability

1.2.1 ABANTU IN AFRICA shall use reasonable commercial endeavours to ensure the continued operation and availability of the Website. However, uninterrupted, secure, timely or error-free access to the Website is not warranted or guaranteed.

1.2.2 The Website may from time to time be unavailable due to scheduled maintenance, emergency maintenance, software updates, hardware failures, server maintenance, internet congestion, telecommunications failures, hosting interruptions, cyber-security incidents, power outages, acts of God, force majeure events, governmental action or any other circumstance beyond the reasonable control of ABANTU IN AFRICA.

1.2.3 To the fullest extent permitted by applicable law, ABANTU IN AFRICA shall not be liable for any interruption, suspension, delay, malfunction, corruption of data, temporary unavailability or permanent discontinuation of the Website or any functionality thereof.

1.2.4 ABANTU IN AFRICA shall not be liable for any loss of revenue, loss of profits, loss of anticipated savings, loss of contracts, loss of goodwill, business interruption, corruption or loss of data, reputational damage or any indirect or consequential damages arising from the use of, or inability to use, the Website.

1.2.5 The User acknowledges that use of the internet is inherently subject to interruptions, delays, security vulnerabilities and technical failures and accepts all risks associated with accessing and using the Website.

1.2.6 Although ABANTU IN AFRICA implements reasonable administrative, organisational and technical safeguards to protect the Website and its systems, it does not warrant that the Website, its servers, downloadable material or electronic communications are free from viruses, malware, ransomware, spyware or other harmful code. Users are responsible for implementing appropriate cyber-security measures to protect their own devices, software and data.

1.2.7 The Website may utilise or integrate with third-party software, hosting providers, payment gateways, logistics providers, telecommunications networks, cloud services and other external service providers. ABANTU IN AFRICA shall not be responsible or liable for any interruption, delay, security incident, failure or damage caused by such third-party services.

1.2.8 Access to certain areas or functionality of the Website may be suspended, restricted or terminated without notice where reasonably necessary for maintenance, upgrades, security, legal compliance or the protection of ABANTU IN AFRICA, its systems or its customers.

1.2.9 Nothing contained in this clause shall exclude, limit or restrict any liability that cannot lawfully be excluded or limited under the Consumer Protection Act, 68 of 2008, the Electronic Communications and Transactions Act, 25 of 2002, the Protection of Personal Information Act, 4 of 2013, or any other applicable legislation of the Republic of South Africa.

1.2.10 If any provision of this clause is found by a court or competent authority to be unlawful, invalid or unenforceable, such provision shall be severed to the extent necessary without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.