Warning! This website is not for sensitive viewers / users
Spearfishing is the most sustainable way of harvesting from the ocean, there will be pictures and videos of fish being killed on this website. If you find the killing of fish offensive please close this page and website immediately.
Spearfishing is a dangerous sport and every care should be taken to ensure your safety. The Ultimate Spearfishing Magazine and its authors, members, advertisers and publisher will not bear any responsibility for the consequences of actions based on information contained herein. The views expressed are not necessarily those of the publisher/s.
Terms & Conditions
Please take a moment to read these terms and conditions including our policies ("Terms") to understand how they apply to your use of our website and any products that you may order online.
If you have any questions regarding our website, the Terms, products or services, please click here to contact us.
- Who owns this website?
www.ultimatespearfishing.com is owned and operated by Mbalizezwe Trading cc t/a Ultimate Spearfishing Magazine, a company registered in the Republic of South Africa under company registration number 2011/105561/23, which has its registered office at Suite 11 Stedman Mews, 128 Jan Hofmeyr Rd, Westville, KZN, 3630, South Africa.
- Terms and Conditions Apply
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.
Online purchases from our website are subject to these Terms. Certain additional Terms below apply specifically to online purchases.
- Amended or Updated Terms
We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our website will mean you accept any updated or revised Terms.
- Law & Arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Durban at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
- Use of Our Website
You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Marketing TermsBy registering on our website, you agree to receive our newsletter and other periodic marketing material from us. You are free to opt out of receiving our marketing material at any stage by sending an email to Greg.Fonts@gmail.com with the subject line "UNSUBSCRIBE". It may take up to one month for your profile to be updated. Click here to send this email now.
Your privacy is very important to us and therefore any information that you upload on our website including any payment card information will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our website makes use of 'cookies' which collect data about the device that you use to access our website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.
Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.
- Accuracy of Website Content
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
- Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
- Use of Our Logos, Content and Images
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors' intellectual property rights.
- Advertising and Hyperlinks
External hyperlinks may appear on our website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
- Disclaimers and Exclusions of Liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.
Online Shopping TermsThese online shopping terms and conditions apply to all purchases ordered online at www.ultimatespearfishing.com. Please read them carefully and print a copy for future reference.
You are required to register with us before placing your first order online. Please click here to register. Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.
CompetitionsPlease note that when registering for our competitions you will automatically be registered for the website.
Competition terms and conditions -
- Entry to all competitions will close 15minutes before the draw time.
- The judge's decision is final.
- The organisers have the right to terminate the competition at any time.
- No correspondence will be entered into with the participants.
- By entering, you agree to receive occasional promotional communication from the organisers.
- Employees of USM, their immediate families, as well as their marketing agency may not enter.
- Visitors are welcome to enter as many times as they would like.
- All illegal entries will be removed and if any are drawn, the entry will be disqualified.
- The prizes are not transferable.
- The winners agree to have their names and photographs published.
- USM, its owners, managers or employees shall not be liable for any failure to comply with its obligations caused by weather, fire, flood, strike, industrial disputes, war, hostilities, political unrest, riots, civil commotion, acts of God or force majeure.
- Online Registration
To register you will be required to provide certain information including personal details, payment card details and your delivery address. When registering you will be required to choose a Username and a password. Please keep your password private. The Ultimate Spearfishing Magazine accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your username and password each time you visit our online shopping site. To amend any registration particulars please click on Account (this will only appear on the upper right-hand side of the website when you are logged in) and edit your details accordingly.
- 3D Secure
www.ultimatespearfsihing.com has been designed with our clients' online security as one of our top priorities. Some customers may find they need online verification in order to purchase from our website. 3D Secure is an online security agreement each individual has with their own bank. It allows for people to decide whether or not they would like their cards to be used for online transactions. We have pre-empted the eventual need for all websites to have this feature, so while it may currently seem uncommon, this will be a feature on almost all e-commerce websites in the near future. To that effect, we apologise for any inconvenience caused, however, we feel customer security is of utmost importance.
- Browser Issues
The Ultimate Spearfishing Magazine guarantees the optimal functionality of the website when it is viewed in Mozilla Firefox, which can be downloaded free of charge at http://www.mozilla.org/en-US/firefox/new/. Should you experience any browsing issues please view our Help page for more information.
- Product Sales and Availability
All products displayed on our website are subject to availability. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device's display of any colour will be accurate.
- Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.
- Pricing Policy
You will be charged the prices as they are reflected on the website, subject to availability. Certain products are variable/random mass items. Prices do not include Value-Added Tax as the Ultimate Spearfishing Magazine is not a VAT registered company. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
A delivery fee will be charged for each order placed by you. Please view the terms under "delivery" below or visit Help to view the terms relating to delivery and the delivery fee applicable.
- Methods of Payment
We will debit the total value of your online order against the payment option tendered by you during the check-out process. Payment will be effected on acceptance of your order and prior to delivery.
By submitting your order and payment details, you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
- Stock Availability
The Ultimate Spearfishing Magazine can not always guarantee availability of stock and will endeavour to deliver a substitute line where possible. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
- Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
The Ultimate Spearfishing Magazine's deliveries are despatched on the working day following the placement of your order on our site unless you have specified delivery at a later date. We deliver to the recipient's postal address or post box. The cost per delivery is dependent on the volume and weight of the total order placed.
- Refunds and Returns Policy
If you are for any reason dissatisfied with an item purchased from our website you may return it to us for a full refund, replacement or exchange, provided you have the original tax invoice, and items are returned in a saleable condition within 7 (seven) days of purchase. Please note that items purchased on our Sale are subject to a separate returns policy. Should you not have an invoice, we will be happy to exchange your purchase at the current system price.
Send an email to Greg.Fonts@gmail.com or call 916 371 3441 to cancel an item or a complete order. If the order has not yet been processed, it can simply be cancelled. If it has been processed, you have the option of a credit or a full refund. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of the Terms.
- Risk and Ownership
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full