You expressly agree that use of the Tickets Site and the Internet is entirely at
your own risk. The Tickets Site and its contents are provided on an "as is" and
"as available" basis and Pick n Pay makes no representations or warranties of any
kind, whether express or implied, including without limitation with respect to the
Online ShoppingTickets Site, its contents, the accuracy thereof, or any warranties
or representations regarding the effectiveness of any security or encryption facilities
or with regard to the availability of products and/or delivery arrangements and
Pick n Pay disclaims all representations and warranties, including but not limited
to warranties as to the availability, accuracy or content of information, products
or services, and warranties of merchantability or fitness for a particular purpose
of information, goods or services.
Pick n Pay does not warrant that the functions provided by the Tickets Site will
be uninterrupted or error free, or that the Tickets Site or the server that makes
it available are free from viruses or other harmful components.
Save as expressly set out herein, Pick n Pay shall under no circumstances whatsoever
be liable to you, including without limitation, as a result of or in connection
with Pick n Pay's negligent (including grossly negligent) acts or omissions or those
of its employees, agents or designees or other persons for whom in law it may be
liable (in whose favour this constitutes a contract or undertaking for their benefit),
for any indirect, incidental, special or consequential loss or damage of any kind
whatsoever or howsoever caused (whether arising under contract, delict or otherwise
and whether the loss was actually foreseen or reasonably foreseeable), sustained
by you, the recipient of the goods, or any other person arising from or as a result
of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect,
erroneous or late delivery, the use, possession or consumption of the goods or the
use or reliance upon the Tickets Site (including any information contained thereon)
or the Internet.
You will indemnify us and keep us fully indemnified from and against any loss or
damage suffered or liability incurred, including without limitation in respect of
any claim or demand by any third party by reason of any act or omission on your
part or that of any family member, agent or representative acting on your behalf
in connection with transactions concluded on the Site and/or in terms of this Agreement
and/or in relation to receipt of goods supplied by us pursuant to any such order.
Notwithstanding any other provisions contained herein, Pick n Pay's liability whether
in contract or delict arising from any breach of any obligation in terms of this
Agreement, negligence or otherwise shall not exceed at any time more than double
the monetary value of the order in respect of which any such dispute or claim arises.