By clicking on the button below and entering this site, you confirm that:
you are at least 18 years of age or older. This site contains adult content, not
suitable for anyone under 18 years of age. If you are NOT at least 18 years
of age, please do not enter this site.
If you are NOT at least 18, please click this button.
you are voluntarily choosing to view and access any sexually-explicit images and
content for your own personal use, in the privacy of your home, or in a place
where there are no other persons viewing this material who are either
minors, or who may be offended by viewing such material. You further
warrant that you are an adult and wish to view or purchase sexually and/or
erotic material and that it will not offend you.
That you are familiar with your local community standards and laws and that the
sexually-explicit materials which you have chosen to view and/or download
from this Website are well within the contemporary community standards of
acceptance and tolerance of your community for sexually-explicit materials of
that nature and does not contravene any of the laws applicable to you.
You agree to be bound by the terms and conditions applicable to use of this
Terms and Conditions of Use
These Website Terms and Conditions of Use are the legally binding terms and
conditions upon which access to the website located at bushcandy.com (the
"Website") is granted to the User as the user of the Website (“the User”) by the
owner hereof (“Bushcandy”). Access to the Website constitutes your acceptance
of these Website Terms and Conditions of Use, as amended from time to time,
which are in force from the date of your first access to the Website, whether or not
you register as a member. If you wish to make use of the Bushcandy services (the
"Service"), please read this Agreement.
BUSHCANDY may collect certain personal data from the User via the Website if
the User chooses to submit it to BUSHCANDY via forms completed by the User
on the Website. Personal data about the User may also be collected by
BUSHCANDY if the User contacts BUSHCANDY with queries or to request
further information about the Website or any other matter.
The types of personal data which BUSHCANDY may collect from the User in the
ways referred to above when using the Website may include name, address,
telephone number, e-mail address, demographic information and contact
Except for the fact that Bushcandy is hereby authorized and shall be entitled to
use information for marketing and/or promotional purposes, Bushcandy
undertakes not to sell or distribute or make available the names or e-mail
addresses of any User, nor to share any personal information with any third party
unless specifically requested and/or authorized thereto by the User, and at the
discretion of Bushcandy. Bushcandy shall further not disclose to any third party,
except under the circumstances listed herein, any information pertaining to
purchases of products by the User.
Bushcandy reserves the right to disclose or use Information without notice or
consent as necessary to satisfy any legal request, law, regulation, to investigate
legal breaches, to ensure the integrity of our site and to protect the safety of our
users and Users.
The copyright on the Website including, but not limited to, universal resource
locators and e-mail addresses provided by Bushcandy, as well as the layout
used on the Website, belongs to Bushcandy and all rights are reserved.
Unless stated otherwise on the Website, all intellectual property rights, including
copyright, design right, trade marks, patents, goodwill and any other rights of a
similar nature anywhere in the world in the content and materials provided by
BUSHCANDY on the Website (including but not limited to screen interfaces, text,
icons, illustrations and photographs) are owned absolutely by BUSHCANDY.
The User shall not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any information
obtained from the Website.
The User agrees to fully defend and indemnify and hold harmless Bushcandy of
and from any and all third party claims, causes of action, demands, costs,
damages including both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation and/or arbitration
fees and costs incurred (whether paid or not) as the result of any breach or claim
of breach of these Terms and Conditions or User’s negligence whether active or
passive or any negligence of Bushcandy in any way related to use of the Website
or any portion thereof.
Once BUSHCANDY has collected the User’s personal data, BUSHCANDY will
employ reasonable security measures in the storage of the User’s personal data
to guard against any unauthorised access to or disclosure of the User’s personal
data and wherever possible BUSHCANDY will use reasonable security software
and secure login procedures.
The User should note that even where personal data is transmitted via the
Internet in encrypted form there can be no absolute guarantee that any
information carried over the Internet is secure. Information and data transmitted
via the Internet may be intercepted by third parties, lost, redirected, corrupted
4. PERMITTED USE OF THIS WEBSITE
The User is generally permitted to use this Website for the purposes of:
(a) reviewing product information posted by BUSHCANDY on the Website
subject to the terms and disclaimers in these Website Terms and
Conditions of Use. The User acknowledges and accepts that
BUSHCANDY has posted the information on this Website in good faith
from a variety of sources and provides such information and data on an
"as is" and "as available" basis without warranty as to its completeness,
accuracy or reliability. Accordingly BUSHCANDY will not be responsible
for incomplete, inaccurate or unreliable information and any reliance by
the User on such information will be at the User’s own risk;
(b) searching the web page and browsing the information on the Website for
information purposes with a view to potentially buying goods.
The User is not granted permission to print any of the content on the Website for
any purposes whatsoever.
5.1. Bushcandy shall use all reasonable endeavours to maintain operation of the
Website. However, as many events and circumstances are beyond the control of
Bushcandy, Bushcandy does not in any way warrant, expressly and/or impliedly,
or otherwise guarantee:
(a) the availability of the Website and shall not be liable for any delay or loss
of data, lack of connection, slow connection, or any other such issues for
any cause whatsoever;
(b) Bushcandy provides no warranty for any goods or services stated on the
Website including, but not limited to. any implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement and security.
5.2. BUSHCANDY will not be liable or responsible to the User or any third party
Comment[P1]:As I understand it
you DO want to warrant the products?
whether in contract, tort, by statute or otherwise in respect of any direct loss or
damage, or any special, indirect, incidental or consequential loss or damage
including but not limited to loss of profits, loss of revenue, loss of profits, loss of
property, and loss or corruption of data arising out of or in connection with the
User’s use of this Website.
5.3. Any information, data, view or opinions provided by BUSHCANDY on the
Website are simply intended to be informative and are provided on an "as is" and
"as available" basis. By accessing and using the Website the User acknowledges
that any reliance which the User place on any information, data, views or
opinions obtained from the Website will be entirely at the User’s own risk.
5.4. BUSHCANDY does not represent or warrant that the information or data on or
content of this Website complies with the regulatory regime of any country other
than Namibia. If the User accesses the Website from locations outside Namibia
the User does so entirely at the User’s own risk and the User will be responsible
for compliance with local laws.
5.5. BUSHCANDY does not warrant that access to this Website will be uninterrupted
or error free or any such defects in the Website will be corrected or that this
Website or the servers that make it available are free of computer viruses.
6.1. Bushcandy reserves the right, from time to time, to investigate or procure the
investigation of the details of the User and to refuse access to the Website to any
user at any time at its sole discretion.
6.2. In the event of termination of the User’s use of the Website under this clause, the
User agrees that the User will immediately cease any attempt to access this
6.3. In any event, any breach of these Website Terms and Conditions of Use will
entitle BUSHCANDY to immediately terminate the User’s access to and use of
the Website without notice.
7.1. These Terms and Conditions wholly supersede and replace any previous
agreement(s) concerning the provision of services by Bushcandy, which may have
come into existence between the parties prior to the signing of these Terms and
Conditions, and irrespective of whether such previous agreement(s) came into
existence through conduct, orally or in writing.
7.2. The individual provisions of these Terms and Conditions are severable from the
others, and in the event that any provision is deemed to be illegal, void or
unenforceable, the validity of the other provisions shall not be affected thereby.
7.3. These Terms and Conditions shall not be superseded, amended, or modified in
whole or in part other than in writing, duly executed by both parties hereto.
7.4. A waiver or deemed waiver by BUSHCANDY of one provision of these Website
Terms and Conditions of Use will not constitute a waiver of that provision nor
affect the enforceability of the remaining provisions of the Website Terms and
Conditions of Use.
7.5. BUSHCANDY’s rights are reserved to amend or modify these Website Terms
and Conditions of Use at any time without notice to users. Any such amendments
or modifications will be effective immediately on being posted to the Website.
The User agrees to be bound to any changes to this Agreement when they use
the Service after any such modification is posted.
These Website Terms and Conditions of Use will be governed by Namibian law
and the parties hereby submit to the exclusive jurisdiction of the Namibian courts.
LIMITATION ON LIABILITY
IN NO EVENT SHALL BUSHCANDY BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF
BUSHCANDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, BUSHCANDY’S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO
BUSHCANDY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS