LEASE NOTE: THESE TERMS OF USE CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE ANARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THEY AFFECT HOW DISPUTESWITH RALPH LAUREN ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS. INARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN INCOURT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.
Terms of Use
Please carefully read the following Terms of Use before using the www.lukhanyomdingi.co.za website (the “Site”). By accessing and using this Site, or otherwise agreeing to these Terms of Use, you agree to be bound by them. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site.
This Site is operated by Lukhanyo Mdingi (PTY) Ltd (“LM (PTY) Ltd”). Throughout the Site, the terms “we,” “us,” and “our” refer to LM(PTY) Ltd. LM (PTY) Ltd offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in 3 different currencies being ZAR (South Africa) US Dollars and Euro and are intended to be valid and effective only within the VPN designation of the user. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
Product Information
The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours of products offered on the Site.
Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code,and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by LM (PTY) Ltd, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering,transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site,or use of the Site for purposes competitive to LM (PTY) Ltd, is expressly prohibited. LM (PTY) Ltd reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. LM (PTY) Ltd, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in LM (PTY) Ltd sole discretion. Ralph Lauren neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with LM (PTY) Ltd
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. LM (PTY) Ltd reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which LM (PTY) Ltd may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness,originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i)is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings,or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant LM (PTY) Ltd and its affiliates a nonexclusive, royalty-free,perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from,distribute, and display such material throughout the world in any media. You grant LM (PTY) Ltd and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify LM (PTY) Ltd for all claims resulting from content you supply
Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify LM (PTY) Ltd immediately. LM (PTY) Ltd may assume that any communications LM (PTY) Ltd receives under your password have been made by you unless LM (PTY) Ltd receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Lukhanyo Mdingi / LM.” You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without LM (PTY) Ltd express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without LM (PTY) Ltd express written consent.Li
Links
This Site may contain links to other websites, some of which are operated by LM (PTY) Ltd or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. LM (PTY) Ltd is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. LM (PTY) Ltd reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
By email at: [email protected]
In order for us to more effectively assist you, the notification must include ALL of the following:
LM (PTY) Ltd is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site,including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at anytime.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. RALPH LAUREN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RALPH LAUREN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LM (PTY) Ltd DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RALPH LAUREN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RALPH LAUREN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RALPH LAUREN, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RALPH LAUREN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND RALPH LAUREN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RALPH LAUREN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RALPH LAUREN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RALPH LAUREN, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RALPH LAUREN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND RALPH LAUREN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless LM (PTY) Ltd and its affiliates and their officers, directors, employees, contractors,agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. LM (PTY) Ltd reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LM (PTY) Ltd in the defence of such matter.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site following the posting of changes to these Terms of Use or other policies.
In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect 30 days after their publication on this Site.
No waiver of any of the provisions of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the partywaiving such a right or requirement. Such a waiver shall not waive or affect any other provision of these Terms of Use.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Ralph Lauren with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
Except as otherwise provided herein, if any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
Lukhanyo Mdingi (PTY) Ltd [ LM (PTY) Ltd ] wants to ensure that our customers are satisfied with their purchases. If not, we will gladly accept the return of items that are unwashed, unworn, and unaltered with the original tags attached and accompanied by the original invoice for online orders, or purchase information from your printed store receipt, within 30 days of order shipment date (excluding fine jewellery and prints which must be returned within 10 days of the order shipment date). Should the items not adhere to the above stipulated a return will not be applicable. LM (PTY) Ltd does not in exchange items outside from the same style ordered – This is also only applicable for non-sale items. Any exchange request for item that is outside the original style ordered will not be applicable for another.
Return and costs of the shipment(s) will be managed by the customer – LM (Pty) LTD is not legible for the customer returns.
Customers may return item(s) within 30 days of the order shipment date.
Orders placed must be returned by mail via our online returns process.
Select limited-edition styles and offerings are eligible for return within 10-15 business days of the shipping date.
Jewellery must be in perfect condition, with all protective materials, tags and stickers attached.
Please allow up to 10-15 business days for us to receive and process your return. You will receive an email notification upon the completion of return processing. This is when refund will take place.
EXCLUSIONS
The following items may not be returned or exchanged:
Exchange Policy & Timing
EXCHANGES
If you would like to make an exchange you may do so, as long as it is for the same item (at the same price) in a different size or color.
EXCLUSIONS
The following items may not be returned or exchanged:
Proprietary Information
In certain circumstances proprietary information is collected by Lukhanyo Mdingi (PTY) Ltd [LM (PTY) Ltd]. All proprietary information will be treated in strict confidence and reasonable precautions will be made to protect such proprietary information. Proprietary information will not be disclosed to the public.
Payment Information
For certain services LM (PTY) Ltd may also request credit card or other payment account information which we do not store but simply process via a secure payment gateway. LM (PTY) Ltd uses secure methods to protect your payment information
Information Transfer
We may combine the information you submit under your account with information from other LM (PTY) Ltd services in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information
Location data
LM (PTY) Ltd offers location-enabled services for tracking locations. Only if you use those services, LM (PTY) Ltd may receive information about your actual location (e.g. GPS signals sent by a mobile device) or information that can be used to approximate a location(e.g. cell ID)
Sharing Information
LM (PTY) Ltd never shares personal information with other companies or individuals outside of LM (PTY) Ltd without your direct and explicit consent.
You may instruct us to share information with registered LM (PTY) Ltd representatives directly linked to your enterprise account created by your internal administrator. Information will only be shared if:
We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and incompliance with this Privacy Policy and any other appropriate confidentiality and security measures. We believe that access, use,preservation or disclosure of such information is reasonably necessary to:- (a) satisfy any applicable law, regulation, legal process or enforceable governmental request (b) enforce applicable Terms of Service, including investigation of potential violations thereof (c) detect,prevent, or otherwise address fraud, security or technical issues (d) protect against harm to the rights, property or safety of LM (PTY) Ltd,its users or the public as required or permitted by law.
If LM (PTY) Ltd becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy. We may share with third parties certain pieces of aggregated, non-personal information (e.g.the number of users who accessed or searched for a particular term. Such information does not identify you individually).
Cookies
When you visit LM (PTY) Ltd websites, we send one or more cookies containing a small file containing a string of characters to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and tracking your activity on our platforms.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some LM (PTY) Ltd features and services may not function properly if your cookies are disabled.
Logging Information
When you access LM (PTY) Ltd services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language,the date and time of your request and one or more cookies that may uniquely identify your browser.
When you send email or other communications to LM (PTY) Ltd, we may retain those communications in order to process your inquiries,respond to your requests and improve our services.
Links
LM (PTY) Ltd may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content.
Other Websites
This Privacy Policy applies to LM (PTY) Ltd services only. We do not exercise control over the sites displayed as search results, sites that include LM (PTY) Ltd applications, products or services, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
MOBISYNCO only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:
Personal Information
You can request more information about how we process personal information by sending a formal request to [email protected]
You will be required to provide personal information should the service require it. If we use this information in a manner different than the purpose for which it was collected for, then we will ask for your consent prior to such u
If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collector use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.
Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Ethics
LM (PTY) Ltd processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy.We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Updating Personal Information
When you use LM (PTY) Ltd services, we make good faith efforts to provide you with access to your personal information and to either correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate amount of effort. Some of our services have different procedures to access, correct or delete users personal information. We provide the details for these procedures in specific instances when they occur.
Changes and Concerns
LM (PTY) Ltd regularly reviews its compliance with this Privacy Policy. Please note that this Privacy Policy may change from time to time.We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most changes to be minor. Regardless,we will post any Privacy Policy changes on this page and if the changes are significant, we will provide a more prominent notice (this includes email notification of Privacy Policy changes for certain services). All questions, concerns and complaints regarding this Privacy Policy will be directed to [email protected] In accordance with LM (PTY) Ltd’s policy, we will contact the user regarding his or her concerns.
Local Authorities
We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between LM (PTY) Ltd and an individual.
Closing
If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through [email protected]
LEASE NOTE: THESE TERMS OF USE CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE ANARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THEY AFFECT HOW DISPUTESWITH RALPH LAUREN ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS. INARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN INCOURT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.
Terms of Use
Please carefully read the following Terms of Use before using the www.lukhanyomdingi.co.za website (the “Site”). By accessing and using this Site, or otherwise agreeing to these Terms of Use, you agree to be bound by them. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site.
This Site is operated by Lukhanyo Mdingi (PTY) Ltd (“LM (PTY) Ltd”). Throughout the Site, the terms “we,” “us,” and “our” refer to LM(PTY) Ltd. LM (PTY) Ltd offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in 3 different currencies being ZAR (South Africa) US Dollars and Euro and are intended to be valid and effective only within the VPN designation of the user. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
Product Information
The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours of products offered on the Site.
Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code,and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by LM (PTY) Ltd, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering,transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site,or use of the Site for purposes competitive to LM (PTY) Ltd, is expressly prohibited. LM (PTY) Ltd reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. LM (PTY) Ltd, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in LM (PTY) Ltd sole discretion. Ralph Lauren neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with LM (PTY) Ltd
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. LM (PTY) Ltd reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which LM (PTY) Ltd may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness,originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i)is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings,or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant LM (PTY) Ltd and its affiliates a nonexclusive, royalty-free,perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from,distribute, and display such material throughout the world in any media. You grant LM (PTY) Ltd and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify LM (PTY) Ltd for all claims resulting from content you supply
Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify LM (PTY) Ltd immediately. LM (PTY) Ltd may assume that any communications LM (PTY) Ltd receives under your password have been made by you unless LM (PTY) Ltd receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Lukhanyo Mdingi / LM.” You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without LM (PTY) Ltd express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without LM (PTY) Ltd express written consent.Li
Links
This Site may contain links to other websites, some of which are operated by LM (PTY) Ltd or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. LM (PTY) Ltd is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. LM (PTY) Ltd reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
By email at: [email protected]
In order for us to more effectively assist you, the notification must include ALL of the following:
LM (PTY) Ltd is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site,including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at anytime.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. RALPH LAUREN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RALPH LAUREN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LM (PTY) Ltd DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RALPH LAUREN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RALPH LAUREN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RALPH LAUREN, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RALPH LAUREN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND RALPH LAUREN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RALPH LAUREN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RALPH LAUREN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RALPH LAUREN, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RALPH LAUREN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND RALPH LAUREN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless LM (PTY) Ltd and its affiliates and their officers, directors, employees, contractors,agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. LM (PTY) Ltd reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LM (PTY) Ltd in the defence of such matter.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site following the posting of changes to these Terms of Use or other policies.
In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect 30 days after their publication on this Site.
No waiver of any of the provisions of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the partywaiving such a right or requirement. Such a waiver shall not waive or affect any other provision of these Terms of Use.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Ralph Lauren with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
Except as otherwise provided herein, if any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
Lukhanyo Mdingi (PTY) Ltd [ LM (PTY) Ltd ] wants to ensure that our customers are satisfied with their purchases. If not, we will gladly accept the return of items that are unwashed, unworn, and unaltered with the original tags attached and accompanied by the original invoice for online orders, or purchase information from your printed store receipt, within 30 days of order shipment date (excluding fine jewellery and prints which must be returned within 10 days of the order shipment date). Should the items not adhere to the above stipulated a return will not be applicable. LM (PTY) Ltd does not in exchange items outside from the same style ordered – This is also only applicable for non-sale items. Any exchange request for item that is outside the original style ordered will not be applicable for another.
Return and costs of the shipment(s) will be managed by the customer – LM (Pty) LTD is not legible for the customer returns.
Customers may return item(s) within 30 days of the order shipment date.
Orders placed must be returned by mail via our online returns process.
Select limited-edition styles and offerings are eligible for return within 10-15 business days of the shipping date.
Jewellery must be in perfect condition, with all protective materials, tags and stickers attached.
Please allow up to 10-15 business days for us to receive and process your return. You will receive an email notification upon the completion of return processing. This is when refund will take place.
EXCLUSIONS
The following items may not be returned or exchanged:
Exchange Policy & Timing
EXCHANGES
If you would like to make an exchange you may do so, as long as it is for the same item (at the same price) in a different size or color.
EXCLUSIONS
The following items may not be returned or exchanged:
Proprietary Information
In certain circumstances proprietary information is collected by Lukhanyo Mdingi (PTY) Ltd [LM (PTY) Ltd]. All proprietary information will be treated in strict confidence and reasonable precautions will be made to protect such proprietary information. Proprietary information will not be disclosed to the public.
Payment Information
For certain services LM (PTY) Ltd may also request credit card or other payment account information which we do not store but simply process via a secure payment gateway. LM (PTY) Ltd uses secure methods to protect your payment information
Information Transfer
We may combine the information you submit under your account with information from other LM (PTY) Ltd services in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information
Location data
LM (PTY) Ltd offers location-enabled services for tracking locations. Only if you use those services, LM (PTY) Ltd may receive information about your actual location (e.g. GPS signals sent by a mobile device) or information that can be used to approximate a location(e.g. cell ID)
Sharing Information
LM (PTY) Ltd never shares personal information with other companies or individuals outside of LM (PTY) Ltd without your direct and explicit consent.
You may instruct us to share information with registered LM (PTY) Ltd representatives directly linked to your enterprise account created by your internal administrator. Information will only be shared if:
We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and incompliance with this Privacy Policy and any other appropriate confidentiality and security measures. We believe that access, use,preservation or disclosure of such information is reasonably necessary to:- (a) satisfy any applicable law, regulation, legal process or enforceable governmental request (b) enforce applicable Terms of Service, including investigation of potential violations thereof (c) detect,prevent, or otherwise address fraud, security or technical issues (d) protect against harm to the rights, property or safety of LM (PTY) Ltd,its users or the public as required or permitted by law.
If LM (PTY) Ltd becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy. We may share with third parties certain pieces of aggregated, non-personal information (e.g.the number of users who accessed or searched for a particular term. Such information does not identify you individually).
Cookies
When you visit LM (PTY) Ltd websites, we send one or more cookies containing a small file containing a string of characters to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and tracking your activity on our platforms.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some LM (PTY) Ltd features and services may not function properly if your cookies are disabled.
Logging Information
When you access LM (PTY) Ltd services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language,the date and time of your request and one or more cookies that may uniquely identify your browser.
When you send email or other communications to LM (PTY) Ltd, we may retain those communications in order to process your inquiries,respond to your requests and improve our services.
Links
LM (PTY) Ltd may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content.
Other Websites
This Privacy Policy applies to LM (PTY) Ltd services only. We do not exercise control over the sites displayed as search results, sites that include LM (PTY) Ltd applications, products or services, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
MOBISYNCO only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:
Personal Information
You can request more information about how we process personal information by sending a formal request to [email protected]
You will be required to provide personal information should the service require it. If we use this information in a manner different than the purpose for which it was collected for, then we will ask for your consent prior to such u
If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collector use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.
Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Ethics
LM (PTY) Ltd processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy.We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Updating Personal Information
When you use LM (PTY) Ltd services, we make good faith efforts to provide you with access to your personal information and to either correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate amount of effort. Some of our services have different procedures to access, correct or delete users personal information. We provide the details for these procedures in specific instances when they occur.
Changes and Concerns
LM (PTY) Ltd regularly reviews its compliance with this Privacy Policy. Please note that this Privacy Policy may change from time to time.We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most changes to be minor. Regardless,we will post any Privacy Policy changes on this page and if the changes are significant, we will provide a more prominent notice (this includes email notification of Privacy Policy changes for certain services). All questions, concerns and complaints regarding this Privacy Policy will be directed to [email protected] In accordance with LM (PTY) Ltd’s policy, we will contact the user regarding his or her concerns.
Local Authorities
We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between LM (PTY) Ltd and an individual.
Closing
If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through [email protected]
LEASE NOTE: THESE TERMS OF USE CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE ANARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THEY AFFECT HOW DISPUTESWITH RALPH LAUREN ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS. INARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN INCOURT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.
Terms of Use
Please carefully read the following Terms of Use before using the www.lukhanyomdingi.co.za website (the “Site”). By accessing and using this Site, or otherwise agreeing to these Terms of Use, you agree to be bound by them. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site.
This Site is operated by Lukhanyo Mdingi (PTY) Ltd (“LM (PTY) Ltd”). Throughout the Site, the terms “we,” “us,” and “our” refer to LM(PTY) Ltd. LM (PTY) Ltd offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in 3 different currencies being ZAR (South Africa) US Dollars and Euro and are intended to be valid and effective only within the VPN designation of the user. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
Product Information
The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours of products offered on the Site.
Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code,and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by LM (PTY) Ltd, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering,transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site,or use of the Site for purposes competitive to LM (PTY) Ltd, is expressly prohibited. LM (PTY) Ltd reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. LM (PTY) Ltd, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in LM (PTY) Ltd sole discretion. Ralph Lauren neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with LM (PTY) Ltd
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. LM (PTY) Ltd reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which LM (PTY) Ltd may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness,originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i)is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings,or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant LM (PTY) Ltd and its affiliates a nonexclusive, royalty-free,perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from,distribute, and display such material throughout the world in any media. You grant LM (PTY) Ltd and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify LM (PTY) Ltd for all claims resulting from content you supply
Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify LM (PTY) Ltd immediately. LM (PTY) Ltd may assume that any communications LM (PTY) Ltd receives under your password have been made by you unless LM (PTY) Ltd receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Lukhanyo Mdingi / LM.” You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without LM (PTY) Ltd express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without LM (PTY) Ltd express written consent.Li
Links
This Site may contain links to other websites, some of which are operated by LM (PTY) Ltd or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. LM (PTY) Ltd is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. LM (PTY) Ltd reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
By email at: [email protected]
In order for us to more effectively assist you, the notification must include ALL of the following:
LM (PTY) Ltd is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site,including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at anytime.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. RALPH LAUREN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RALPH LAUREN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LM (PTY) Ltd DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RALPH LAUREN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RALPH LAUREN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RALPH LAUREN, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RALPH LAUREN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND RALPH LAUREN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RALPH LAUREN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RALPH LAUREN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RALPH LAUREN, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RALPH LAUREN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND RALPH LAUREN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless LM (PTY) Ltd and its affiliates and their officers, directors, employees, contractors,agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. LM (PTY) Ltd reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LM (PTY) Ltd in the defence of such matter.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site following the posting of changes to these Terms of Use or other policies.
In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect 30 days after their publication on this Site.
No waiver of any of the provisions of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the partywaiving such a right or requirement. Such a waiver shall not waive or affect any other provision of these Terms of Use.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Ralph Lauren with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
Except as otherwise provided herein, if any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.