1. DEFINITIONS AND INTERPRETATION
1.1 The following terms have the following meanings and cognate terms will have corresponding meanings:
1.1.1 BALANCE – in respect of every order placed by YOU on the WEBSITE, this means the invoiced price (inclusive of VAT) thereof less the DEPOSIT;
1.1.2 CACHING – a process where data from the WEBSITE is temporarily stored in order to reduce bandwidth usage, server load and perceived lag and “CACHED” will have a corresponding meaning;
1.1.3 CONTENT – includes the information, images, binary data, services and any other content contained on the WEBSITE;
1.1.4 CPA – Consumer Protection Act, 68 of 2008, as amended from time to time;
1.1.5 CUSTOMER – any person that purchases PRODUCTS through the WEBSITE;
1.1.6 DELIVERY ADDRESS – the address at which ordered PRODUCTS will be delivered;
1.1.7 DEPOSIT – in respect of every order placed by YOU on the WEBSITE, means 30% (thirty) percent of the invoiced price (inclusive of VAT) thereof;
1.1.8 ECTA – the Electronic Communications and Transactions Act, 25 of 2002, as amended from time to time;
1.1.9 LOSSES – losses, damages, claims, actions, judgments, settlements, interest, awards, fines, costs and/or expenses including attorneys’ fees;
1.1.10 PRODUCT – any product that we offer for sale through the WEBSITE;
1.1.11 RSA – Republic of South Africa;
1.1.12 T&C – these terms and conditions;
1.1.13 YOU or YOUR – means:
(a) any natural person who accesses and/or uses the WEBSITE; or
(b) any juristic person on whose behalf a natural person accessed and/or used the WEBSITE;
1.1.14 WE or US or OUR – Helios Trading and Investments (Pty) Ltd;
1.1.15 WEBSITE – the website owned and operated by US and located at www.heliostrading.co.za including any page or element thereof and all the domains that are currently directed to the live website that is owned and operated by US.
1.2 Notwithstanding that any hyper-links on this WEBSITE, may be non-operational, this will not play a role in the determination of the validity and interpretation of these T&C.
1.3 The use of the word “including” followed by specific examples will not be construed so as to limit the meaning of the general wording preceding it.
1.4 Any reference to any statute, regulation or legislation is a reference to such statute, regulation or legislation (as amended or substituted from time to time) as at the date on which YOU accessed the WEBSITE.
1.5 Any reference to a “person” or an “entity” means, unless otherwise specified, any natural person or any juristic person, association, business, close corporation, company, concern, enterprise, firm, partnership, joint venture, trust, undertaking, voluntary association, body corporate or other entity whether or not having separate legal personality
1.6 A reference to a business day is a reference to any day excluding a Saturday, Sunday and/or a public holiday in South Africa.
2.1 These T&C govern YOUR use of the WEBSITE, are binding and enforceable against YOU and apply to all purchases that YOU make on the WEBSITE.
2.2 YOUR use of, access to and/or registration on any aspect of the WEBSITE will constitute YOUR agreement to comply with these T&C. If YOU are not satisfied with these T&C, YOU should refrain from using the WEBSITE.
2.3 These T&C make up the entire agreement between US and YOU.
3.1 WE are committed to operating in line with the CPA to the extent that it is applicable to an order.
3.2 It is generally assumed that the CPA will apply to all orders that YOU place on the WEBSITE. However, the CPA provides certain instances where it will not apply, for example:
3.2.1 if YOU are the state of the RSA; or
3.2.2 if YOU are a juristic person and at the time when YOU finalised the order on the WEBSITE your asset value or annual turnover was more than R2,000,000.00 (this threshold may be adjusted by the Minster).
3.3 Certain clauses in these T&C will only apply to an order if the CPA is applicable to the order. These clauses are marked as “CPA-Only”. Conversely, clauses that apply where the CPA is not applicable to the order are marked as “Non-CPA”. “CPA-Only” and “Non-CPA” clauses are mutually exclusive. Clauses that are not marked as “CPA-Only” or “Non-CPA” apply to all orders.
3.4 If any provision of these T&C conflicts with an applicable provision of the CPA, then the provision of the CPA will take precedence in respect of such conflict.
4.1 The WEBSITE includes an e-commerce store that sells PRODUCTS for use in the RSA.
4.2 Orders placed online constitute YOUR offer to purchase the PRODUCTS subject to these T&C.
4.3 YOU are responsible for determining that the PRODUCTS purchased are suitable for the purposes for which YOU intend to use them.
4.4 A sales order will only be deemed as completed once YOU have completed the purchase cycle and an approved payment is received. We will confirm YOUR purchase order via YOUR specified email. WE only activate YOUR order once WE have received payment of the deposit in full.
4.5 YOUR placing a product into YOUR shopping cart or adding a product to a wish-list does not constitute a sale nor are such products, their price or quantities reserved. If YOU complete the purchase cycle for such PRODUCT(S) at a later stage, WE cannot be liable to honour any price changes and neither do WE guarantee availability of the PRODUCTS.
5.1 The PRODUCTS displayed on the WEBSITE are subject to availability.
5.2 WE cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil YOUR order.
5.3 If PRODUCTS are out of stock, WE will refund YOU the price paid for the PRODUCTS impacted.
5.4 WE may withdraw or suspend from sale any PRODUCT displayed on the WEBSITE, either temporarily or permanently, at any time. WE will not be liable for any LOSSES YOU or any third-party suffer as a result of a withdrawal or suspension of sale of a particular PRODUCT.
5.5 Where a PRODUCT which is the subject of an order that has been withdrawn or suspended from sale and YOUR payment for the PRODUCT has already been processed, WE will refund any money paid to YOU.
5.6 WE reserve the right not to honour any incorrect offers represented on the WEBSITE made by genuine human or system error. Where your order is affected by an error on the WEBSITE (for example, in a description, an image, Price or otherwise), WE will reject that part of the order affected by the error. YOU will be refunded the value of that part of the order affected by the error and WE will fulfil the remainder of the order. If an order is affected by a genuine error (including in a description, an image or a Price), WE reserve the right to cancel the whole order and refund any money that YOU have paid towards that order.
6.1 YOU must pay the DEPOSIT immediately when YOU place YOUR order.
6.2 We may cancel YOUR order if we do not receive payment of the full DEPOSIT amount within 24 hours of YOUR placing your ORDER.
6.3 The DEPOSIT will constitute a non-refundable deposit unless these T&C specifically state that it will be refunded.
6.4 The BALANCE will be payable upon delivery of the ordered PRODUCTS and must be paid in full by means of EFT of cleared funds into OUR designated bank account; without the cost of transfer of funds, bank charges or bank commission (all of which will be for YOUR account); and without deduction of whatsoever nature, including but not limited to set off, abatement, counterclaim and/or discount.
6.5 Credit Card payments
6.5.1 Only South African issued credit cards are accepted for online payments. At the time of placing the order, the transaction details are presented to the bank for authorisation immediately. If the bank’s authorisation is not obtained, the order will be cancelled.
6.5.2 Card transactions will be acquired via PayFast who is OUR approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, and no Card details are stored on the WEBSITE. The Payfast terms and conditions are applicable to all on-line payments and are available at https://payfast.io/legal/. YOU must agree to the Payfast terms and conditions before YOU can proceed to payment.
6.6 Bank Deposits and EFT
6.6.1 If you select to pay via a bank deposit or EFT, payment instructions will be reflected on the invoice issued for the order.
6.6.2 YOU must use the invoice number as the payment reference.
6.6.3 All EFT payments must be in ZAR only (no other currency will be accepted).
6.6.4 WE will not be liable for any delays, errors, fees, bank-affiliated fees/admin charges and currency fluctuations.
6.7 Direct cash deposits are not permitted.
6.8 No cheque deposits are accepted.
6.9 We reserve the right, to prevent suspected fraud, to refuse to accept or process the payment of any order, and/or to cancel any sale concluded between YOU and US, in whole or in part, on notice to YOU. We will only be liable to refund monies already paid by YOU and we accept no other liability which may arise as a result of such refusal to process any order/sale.
6.10 WE are entitled to charge interest on any part of order that is not paid on the due date for payment at a rate equal to 10% (ten percent) per annum calculated from the date on which payment is due to the date on which payment is made (both dates included). Such interest will be compounded monthly in arrears and, if the date of payment is not the last day of a month, then compounded finally on the date of payment.
6.11 All payments made by YOU will, unless otherwise agreed by US in writing, be allocated, to the extent relevant, firstly to interest (if any), then to costs, including all default administration charges and legal costs, and finally towards the reduction of any outstanding amount.
6.12 YOU agree to receive all invoices, statements and communications via email.
7.1 All prices displayed on the WEBSITE are valid and effective only in the RSA for the day that they are viewed and do not constitute an offer by US. All prices displayed on the WEBSITE are subject to “Inadvertent and Obvious Errors”.
7.2 WE reserve the right, without prior notice, to discontinue or change pricing or specifications of PRODUCTS displayed on the WEBSITE without incurring any liability whatsoever.
7.3 Special promotions may be subject to certain conditions, including stock availability and limited-offer stipulations.
7.4 Whilst WE take all precautions to provide the correct information on the WEBSITE, if WE identify an inadvertent and obvious error in the price, PRODUCT description, images and/or any other relevant content, WE are not obliged to provide YOU with the affected PRODUCT. WE will make every effort to contact YOU to alert YOU of the error if YOU have placed an order for a PRODUCT affected by the error.
7.5 The invoiced price of YOUR order is subject to change if we do not receive payment of the full DEPOSIT amount within 24 hours of YOUR placing your ORDER.
8.1 Risk in the ordered PRODUCTS will pass to YOU upon delivery to the DELIVERY ADDRESS. OUR obligation to deliver the PRODUCTS will be fulfilled when the PRODUCTS are delivered to the DELIVERY ADDRESS. WE are not responsible for any loss or unauthorised use of any PRODUCTS, after delivery thereof to the DELIVERY ADDRESS.
8.2 Ownership in all ordered PRODUCTS will vest in US and will only pass to YOU once WE have received full payment of both the DEPOSIT and the BALANCE in full.
8.3 If YOU are in breach of these T&C, WE will be entitled to enter any site or the premises where any of the PRODUCTS are located to exercise OUR rights to the PRODUCTS not paid for.
8.4 WE have a lien over all PRODUCTS that have not been paid for in full.
8.5 YOU must exercise due care in the storage and use of the PRODUCTS and will not be entitled to sell, pledge and/or damage or in any way encumber the PRODUCTS or permit the encumbrance thereof until YOU have paid for the PRODUCTS in full.
8.6 YOU must notify US in writing of the details of the premises where any PRODUCTS will be delivered, stored and/or used including the details of the owner or landlord of such premises and any changes in the owner or landlord. If the PRODUCTS are located on a leased premises, YOU must notify YOUR landlord of OUR lien, ownership and rights to the PRODUCTS in terms of this clause.
9.1 YOU must specify the DELIVERY ADDRESS during the order process and WE will deliver the PRODUCTS to the DELIVERY ADDRESS using OUR chosen carrier/courier.
9.2 YOU may not change or amend the DELIVERY ADDRESS after YOU have placed YOUR order. Please double check that the details supplied are correct when placing YOUR order.
9.3 YOU must provide US with contact details of the designated responsible person at the DELIVERY ADDRESS and YOU must ensure that the DELIVERY ADDRESS is ready and has been prepared for delivery when scheduled by US.
9.4 WE are entitled to split the delivery of the PRODUCTS ordered in the quantities and on the dates that WE decide.
9.5 YOU will be responsible for and procure the unloading of the PRODUCTS off the delivery vehicle at the DELIVERY ADDRESS and provide all necessary facilities and labour force required to enable such unloading.
9.6 WE may suspend or delay delivery if YOU fail to perform YOUR obligations on delivery.
9.7 Delivery will be deemed to have occurred when the carrier’s/courier’s vehicle arrives at the DELIVERY ADDRESS.
9.8 WE will endeavour to procure that each order is delivered within 60 days of receipt of payment of the DEPOSIT. WE will notify YOU if there are any unexpected delays in delivery.
9.9 YOU will not be entitled to levy any penalty for any delay in delivery of the PRODUCTS and no delay of whatsoever nature howsoever arising will give YOU a right or claim for LOSSES or cancellation of an order. WE will not be liable for any LOSSES of whatsoever nature which YOU may suffer as a result of any delay, whether due to US, OUR suppliers or YOU, and YOU hereby indemnify and hold US harmless against such LOSSES irrespective of when they arise.
9.10 WE will notify YOU when the PRODUCTS will be scheduled for delivery and YOU must take delivery of the PRODUCTS when tendered.
9.11 For verification purposes, the person accepting delivery at the DELIVERY ADDRESS may be required to produce a form of identification. Any person who receives the PRODUCTS at the DELIVERY ADDRESS is presumed to be authorised to accept delivery on YOUR behalf.
9.12 YOU must procure that the PRODUCTS are unloaded off the carrier’s/courier’s vehicle without delay. The costs and all risk of the unloading of the PRODUCTS will be for YOUR account.
9.13 If YOU fail or are unable, for whatever reason, to unload the PRODUCTS or part thereof off the carrier’s/courier’s vehicle and/or to accept delivery of the PRODUCTS or any part thereof as scheduled, then:
9.13.1 YOU will be responsible for any/all costs and LOSSES resulting from or incidental to such delay (including demurrage, holding or storage costs, insurance costs, cancellation costs for any cranes or other loading equipment, rental vehicles);
9.13.2 the full risk in and to the PRODUCTS will pass to YOU upon arrival of the carrier’s/courier’s vehicle at the DELIVERY ADDRESS; and
9.13.3 WE will be entitled to demand reimbursement by YOU of any LOSSES and/or costs that WE incur due to such delay (provided the delay is not caused by US, OUR employees, agents or suppliers).
9.14 In the event of a delay in unloading WE will be entitled to store the PRODUCTS at OUR own premises or at any third-party premises and recover the costs thereof from YOU on demand.
9.15 WE will be entitled to withhold delivery of any PRODUCTS if any outstanding amount that is due and payable to US in terms of any order is in arrears.
10.1 If incorrect PRODUCTS are delivered to YOU, YOU must notify US immediately upon delivery.
10.2 WE will collect the incorrectly delivered PRODUCTS from YOU at no charge.
10.3 YOU may not keep the PRODUCTS delivered in error, nor may YOU frustrate or impede the reasonable attempts taken by US to retrieve such PRODUCTS. If YOU impede or frustrate OUR reasonable attempts to recover such PRODUCTS, YOU will be liable for any additional costs of recovery of, or damage to, the PRODUCTS as a result and WE may institute legal proceedings against YOU.
11.1 If the CUSTOMER is a natural person, then YOU may cancel any order within 7 days after the date of delivery of the PRODUCTS and receive a full refund. YOU must send US an email notifying US of the cancellation. WE will collect the PRODUCTS from YOU at your risk, and YOU will be liable for the collection costs. All PRODUCTS must be in their original packaging and the packaging and PRODUCTS must be intact if YOU wish to cancel the order.
11.2 Cooling Off After Direct Marketing (CPA-Only)
11.2.1 YOU may cancel any order resulting from any direct marketing within 5 business days after the later of the date on which (i) YOU concluded the order on the WEBSITE or (ii) the PRODUCTS were delivered. YOU must send US an email notifying US of the cancellation.
11.2.2 If PRODUCTS were delivered to YOU before the cancellation date, then WE will collect the PRODUCTS from YOU at our cost, and WE will refund the full amount paid by YOU for the cancelled order within 15 business days of collection of the PRODUCTS.
11.2.3 If no PRODUCTS were delivered to YOU before the cancellation date, then WE will refund the full amount paid by YOU for the cancelled order within 15 business days of receipt of YOUR cancellation email.
11.2.4 A handling fee of up to 15% of the value of the affected PRODUCT(S) may be charged when the PRODUCT(S)/packaging is not returned in its original purchase condition.
12.1 The following may not be returned and/or refunded under any circumstances whatsoever:
12.1.1 PRODUCTS which has been personalised for YOU or made to YOUR specifications;
12.1.2 any damaged, misused or abused PRODUCTS;
12.1.3 PRODUCTS that have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
12.2 WE sell PRODUCTS for the purpose for which they were manufactured. If YOU want to return alleged defective PRODUCTS in terms of a warranty, the manufacturer will assess the PRODUCTS to determine the reason for the defect.
12.3 Returns And Refunds (CPA-Only)
12.3.1 YOU must inspect the PRODUCTS on delivery and sign the waybill/delivery note. If any PRODUCTS and/or the packaging thereof is visibly damaged upon delivery, YOU notify US thereof immediately together with full details and photographs of the damage to sales@heliostrading.co.za
12.3.2 All PRODUCTS carry an implied warranty in terms of the CPA which give YOU the right to return the defective PRODUCTS in terms of section 20, read together with section 56 of the CPA if any PRODUCT(S) within the order prove to be faulty within the first 6 months of delivery. WE will replace, repair or refund the item at no cost to YOU. If WE find the PRODUCT to not be faulty or damaged due to misuse, abuse or negligence or not operating the PRODUCT in accordance with the operating manual, YOU will be liable for all handling and shipping charges; for the collection and the re-delivery of the PRODUCT to YOU. The onus will be on YOU to prove this.
12.3.3 If YOU have specifically informed US of the particular purpose/use for which YOU wish to acquire the PRODUCTS, and WE deliver PRODUCTS which are found to be unsuitable for that particular purpose within 10 business days of delivery, then YOU may return the PRODUCTS to us and receive a full refund. YOU must send US an email notifying US of YOUR intention to return the PRODUCTS. WE will collect the PRODUCTS from YOU at our risk and at OUR cost. Once WE have collected the PRODUCTS, WE will refund the amount paid by YOU for the returned PRODUCTS. A handling fee of up to 15% of the value of the affected PRODUCT(S) may be charged when the PRODUCT(S)/packaging is not returned in its original purchase condition.
12.3.4 The PRODUCTS also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.
12.4 Returns And Refunds (Non-CPA)
12.4.1 YOU must inspect the PRODUCTS on delivery and sign the waybill/delivery note. If any PRODUCTS and/or the packaging thereof is visibly damaged upon delivery, YOU must notify US within 3 days of delivery together with full details and photographs of the damage. If YOU do not report the damage and provide the corresponding photographs as aforesaid, then the PRODUCTS will be deemed to have been delivered in a good and undamaged condition, and the onus will be on YOU to prove that any alleged visible damages arose prior to delivery. WE will, at OUR election, either furnish YOU with a credit note or refund for the damaged PRODUCT(S), or replace the damaged PRODUCT(S) where YOU have complied with the aforesaid requirements.
12.4.2 YOU may not reject the order if any PRODUCTS therein are visibly damaged, but must set aside such damaged PRODUCT(S) for collection by US. YOU must protect the PRODUCTS that have been set aside against all further damages until such time as WE collect same.
12.4.3 A handling fee of up to 15% of the value of the affected PRODUCT(S) may be charged when the PRODUCT(S)/packaging is not returned in its original purchase condition.
12.4.4 YOU may not request a return, refund and/or replacement of any PRODUCT(S) that YOU ordered unless the PRODUCT(S) is visibly damaged on delivery and you have reported such damage to US in accordance with these T&C.
12.5 General
12.5.1 WE reserve the right to inspect the PRODUCT before a return is approved. Under no circumstances will direct exchanges be conducted before assessment and approval has been completed.
12.5.2 Repairs may not be effected without prior authorisation from the manufacturer.
12.5.3 Please contact us if you wish to request a return at sales@heliostrading.co.za.
12.5.4 Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from. Refunds are subject to receipt of and verification of banking details. To verify YOUR banking details, YOU will be required to supply the following information:
(a) proof of payment;
(b) ID number (not a copy of the ID) OR company registration number;
(c) proof of banking details.
13.1 General disclaimer
13.1.1 To the maximum extent permitted in law, WE make no warranties or representations of any kind, whether express or implied, with respect to the PRODUCTS, whether as to quality, description, fitness for a particular purpose or any other matter. WE will not be liable for any LOSSES and/or the PRODUCT’S except as specifically provided in these T&C or as stipulated in law.
13.1.2 WE do not warrant or guarantee the availability of stock.
13.1.3 To the maximum extent permitted in law WE do not warrant or guarantee, and are not responsible for: defects, failures, damages and/or performance limitations caused in whole or in part by power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, corrosive environments, accidents, actions of third-parties, and/or other events outside OUR control, or YOUR abuse, mishandling, misuse, negligence, improper installation, storage, servicing or operation, and/or unauthorized attempts to repair or alter the PRODUCTS in any way. WE will not be liable for any use of the PRODUCTS which is not in accordance with the prescribed manner or the purpose for which same is intended to be used.
13.1.4 Notwithstanding any alleged non-fulfilment by US of any of OUR warranty obligations, YOU will not be released from any of YOUR obligations (including its payment obligations) in terms of these T&C, any order and/or any invoice raised by US in terms of an order placed through the WEBSITE.
13.1.5 YOU undertake to adhere to the manufacturer’s instructions and ensure that YOU make yourself aware of all product warnings and safety instructions before the installation or use of all PRODUCTS.
13.1.6 YOU must make sure of all measurements and sizes before purchasing PRODUCTS.
13.2 Manufacturer’s Warranties
13.2.1 WE are not the manufacturer of any of the PRODUCTS and WE source the PRODUCTS from third-party manufacturers. OUR liability under warranty will be limited to the warranties provided by the manufacturer of the PRODUCTS or as provided in law.
13.2.2 WE have no liability for replacement or repair of the PRODUCTS or other damages in connection therewith. WE will however advise YOU of the warranties provided to by the manufacturers of the PRODUCTS. If YOU experience issues with any PRODUCTS, YOU must contact the manufacturer directly and submit all warranty claims to the manufacturer directly. WE may assist YOU with contacting the manufacturer but will not take any responsibility for the submission of the warranty claim and/or the resolution thereof.
13.2.3 The SUPPLIER will, to the extent possible and as far as the SUPPLIER is legally able to do so, assign in favour of the CUSTOMER the benefits of any warranties as given by the manufacturer of the PRODUCTS to the SUPPLIER in relation to the PRODUCTS or any component thereof.
13.3 Installation
13.3.1 WE will not be responsible for the installation of the PRODUCTS and WE give no warranties with regards thereto.
13.3.2 YOU must procure, arrange for and bear any and all costs of and generally be responsible for the installation of the PRODUCTS.
13.3.3 Under no circumstances will WE be responsible for the acts and/or omissions of any person instructed by YOU to attend to any works related to the installation of the PRODUCTS or otherwise, or for any equipment supplied by such persons, either by way of a deemed employer or otherwise, or for their payment, welfare, provision of safety equipment or safe means of working, or for their work, productivity or workmanship. YOU will be solely responsible for any failure of such persons to strictly comply with the instructions and requirements of the manufacturer of the PRODUCTS. YOU hereby indemnify and hold US harmless against any and all LOSSES of whatsoever nature and all claims and liabilities for loss or damage to any property or for personal injury or death in any way arising out of the acts or omissions of any such persons, irrespective of when such LOSSES arise.
13.4 Limitation of liability
13.4.1 To the maximum extent permitted in law and subject to section 61 of the CPA, YOU indemnify and hold US harmless against any and all LOSSES of whatsoever nature and howsoever arising. Without in way limiting the generality of the afore-going, WE will not be liable for any of the following –
(a) any indirect, special, punitive and/or consequential damages, or loss of revenue or profits of any nature whatsoever (which, for the avoidance of doubt, will include any loss of opportunity, whether in respect of production or contracts with customers, loss of the use of any PRODUCT, loss of goodwill, liquidated damages or penalties imposed on YOU by YOUR customers or third-parties, any recall costs, any damages, fines or penalties payable by YOU, or otherwise for any financial or economic losses or damages, and in each case irrespective of whether the losses or damages in question are deemed to be direct, consequential, indirect or otherwise) howsoever caused or arising and whether or not within YOUR or OUR contemplation at the date on which an order is placed or at any other time;
(b) any delay in delivery of any PRODUCT;
(c) any damage to or destruction of or theft of any PRODUCT after delivery;
(d) any damage to or destruction of any PRODUCT whilst off-loading from the carrier’s/courier’s vehicle; and/or
(e) any non-suitability of any PRODUCT;
(f) LOSSES arising in the event of any PRODUCT or part thereof having:
(i) undergone fair wear and tear;
(ii) not been stored and/or handled in accordance with normal storage and handling conditions;
(iii) not been utilised under normal operating conditions;
(iv) not been installed, transported, lifted, assembled, operated and/or connected by suitably qualified and experienced persons and in accordance with the manufacturer’s instructions, the operating manuals in respect of the PRODUCT and/or any applicable law;
(v) failure any person to comply with the manufacturers’ instructions for maintenance or use of the PRODUCT;
(vi) being use other than for the purpose for which it was manufactured;
(g) the use of accessories which have not been approved by the manufacturer
(h) the application and/or use of any incorrect or abnormal electrical or water supply to the PRODUCT;
(i) any defect in wiring, electrical connections or plumbing which does not form part of the PRODUCT at the time of delivery;
(j) the presence in the PRODUCT of objects which the manufacturer does not intend the PRODUCT to cope with;
(k) neglect, misuse, or wilful abuse of the PRODUCT;
(l) anything related to the appearance of the PRODUCT which does not the manufacturer’s sole opinion prevent the PRODUCT from working adequately;
(m) repairs or attempted repairs of the PRODUCT by any person other than the manufacturer or its authorised repairers;
(n) any modification of the PRODUCT by any person other than the manufacturer or its authorised repairers;
(o) fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the OUR reasonable control;
(p) any defect arising out of the design of the PRODUCT;
(q) any defect caused by a lightning strike or power surges;
(r) the cost of work covered by the manufacturers’ recall of the PRODUCT;
(s) the cost of any material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
13.4.2 To the maximum extent permitted in law and subject to section 61 of the CPA, YOU hereby indemnify and hold US harmless against any and all LOSSES of whatsoever nature suffered by either YOU or any third-party in relation to the PRODUCTS and/or the installation or use thereof and/or arising from the provisions of this AGREEMENT.
13.4.3 Subject to section 61 of the CPA, OUR maximum aggregate liability to YOU under or in connection with PRODUCTS ordered will in no case exceed, in the aggregate, the value of the amounts actually paid by YOU and received by US in terms of the corresponding invoice.
13.4.4 Any indemnity in OUR favour will be deemed to include an indemnity in favour of OUR employees, directors, officers, agents, contractors and sub-contractors.
14.1 CONTENT may be copyright protected and is subject to the RSA and international copyright laws. YOU may not infringe copyright and the license granted to YOU is subject to such copyright.
14.2 As a user of the WEBSITE, WE grant YOU a limited, non-transferable revocable license to access and use the WEBSITE subject to these T&C. YOUR license does not extend to the WEBSITE’S source code or to the source code of any software or computer program that forms part of the WEBSITE. YOU may only use the WEBSITE and/or the CONTENT for personal use, limited to viewing the WEBSITE, providing information to the WEBSITE, downloading PRODUCT information from the WEBSITE or purchasing PRODUCTS from the WEBSITE. YOU may not use or exploit the WEBSITE and/or the CONTENT for any commercial and non-private purposes without OUR prior written consent.
14.3 YOU warrant that YOU will not:
14.3.1 use the WEBSITE to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
14.3.2 other than for personal and non-commercial use, “mirror” or cache information provided via the WEBSITE on YOU own server, or copy, adapt, modify or re-use the text or graphics from the WEBSITE without OUR prior written consent.
14.4 No person, business or website may circumvent OUR technology in any way, knowingly or unknowingly to their advantage. This may result in YOUR order being cancelled or further action be taken to compensate US for any damage or harm caused by any such action.
14.5 YOU agree and acknowledge that YOU will at all times comply with all applicable law(s).
14.6 YOU may not:
14.6.1 access, browse and use the WEBSITE for illegal purposes;
14.6.2 provide any incorrect information to the WEBSITE or US;
14.6.3 change, copy, decompile, disassemble or reverse-engineer the WEBSITE or use the WEBSITE to make derivative copies;
14.6.4 write and/or develop any derivative of the WEBSITE or any other software program based on the WEBSITE;
14.6.5 modify or enhance the WEBSITE. If YOU effect any modifications or enhancements to the WEBSITE in breach of this clause, such modifications and enhancements shall be OUR property;
14.6.6 remove any identification, trademark, copyright or other notices from the WEBSITE;
14.6.7 lease, sell, assign or in any other way to distribute the WEBSITE or any information obtained from the WEBSITE without OUR prior written consent;
14.6.8 use malicious search technology, including but not limited to spiders and crawlers;
14.6.9 frame any pages of the WEBSITE;
14.6.10 deep-link to any pages of the WEBSITE in a way to suggest that YOU are the owner or license of any intellectual property in the WEBSITE;
14.6.11 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the WEBSITE, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
14.6.12 distribute, copy, clone, any copyrighted and/or purchased documentation and/or PRODUCTS available for purchase on the WEBSITE
14.7 If YOU use any CONTENT from the WEBSITE in breach of the provisions detailed herein, WE reserve the right to claim damages from YOU and/or to institute criminal proceedings against YOU.
14.8 To intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the WEBSITE is not targeted at children under the age of eighteen (18) and WE will not knowingly collect information from users in this age group.
14.9 No transaction will be concluded between US and a person under the age of 18 unless written consent thereto is received by US from a parent or legal guardian. WE reserve OUR right to request proof of identity before concluding any transaction. YOUR continued use of this WEBSITE confirms that YOU are 18 years old or older.
14.10WE may immediately terminate YOUR use of and access to the WEBSITE if YOU breach these T&C. This will be without prejudice to any other remedies and rights that WE may have in terms of the law, including but not limited to claims for specific performance and damages.
14.11 Access to the CONTENT, software and downloads available from the WEBSITE may be classified as “electronic transactions” as defined in terms of the ECTA and therefore YOU have the rights detailed in Chapter 7 of the ECTA.
15.1 WE provide the WEBSITE “as is” and “as available” and to the extent permissible by law WE disclaim warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the WEBSITE is free from defects, uninterrupted and error-free.
15.2 Whilst WE take reasonable measures to ensure the integrity of the WEBSITE and the CONTENT, no warranty, whether express or implied, is given that any files, downloads or applications available via the WEBSITE are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of YOUR system.
15.3 Neither WE nor OUR shareholders, directors, employees, suppliers, internet service providers, partners, affiliates and/or agents will be liable, in any manner whatsoever, for any LOSSES, (whether in contract or in delict), including without limitation any direct, indirect, special, incidental, consequential or punitive damages, that arises directly or indirectly from:
15.3.1 the use of the WEBSITE and/or its CONTENT by YOU and/or any third-party who may now or in the future obtain CONTENT;
15.3.2 YOUR breach of the T&C;
15.3.3 YOUR access to/of the WEBSITE or any functionality thereof;
15.3.4 YOUR access to/or other websites which may be linked to the WEBSITE;
15.3.5 YOUR inability to access websites which are or may be linked to the WEBSITE;
15.3.6 YOUR use of and/or downloads of CONTENT;
15.3.7 YOUR failure to provide accurate registration information;
15.3.8 YOUR failure to view special warnings;
15.3.9 technical problems relating to the WEBSITE;
15.3.10 an act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national;
15.3.11 an act of default of any supplier, agent or sub-contractor;
15.3.12 industrial disputes;
15.3.13 software, programs and support services supplied by, obtained by or modified by YOU or any third-party without OUR consent or knowledge;
15.3.14 YOUR failure to comply with any of these T&C or any other requirements which WE may impose from time to time;
15.3.15 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
15.3.16 any other cause beyond OUR control.
15.4 The WEBSITE is supplied on an “as is” basis and has not been compiled to meet YOUR individual requirements. It is YOUR responsibility to satisfy YOURSELF, prior to entering this WEBSITE and thereby binding YOURSELF to the T&C, that the content available from and through the WEBSITE meets YOUR individual requirements and that same is compatible with YOUR hardware and software requirements.
15.5 Information, ideas and/or opinions expressed on the WEBSITE must not be regarded as professional advice or OUR official opinion and YOU are encouraged to take professional advice before taking any course of action related to the information, ideas or opinions expressed on the WEBSITE.
15.6 WE do not make any warranties or representations, whether express, tacit or implied that:
15.6.1 the CONTENT will in all cases be true, correct or free from any errors. WE will take all reasonable steps to ensure the quality and accuracy of content available from the WEBSITE but does not guarantee the accuracy, reliability or availability of the CONTENT;
15.6.2 the WEBSITE will be available at all times. YOU acknowledge that the WEBSITE may be unavailable due to updates or other causes beyond OUR reasonable control, including, but not limited to virus infection, unauthorised access (hacking), and/or power failure due to acts of God;
15.6.3 the WEBSITE and/or CONTENT will meet YOUR requirements, be uninterrupted, complete, timely, secure or error free.
15.6.4 OUR liability for faulty execution of the WEBSITE as well as all LOSSES that YOU may suffer, whether directly or indirectly, as a result of the malfunctioning of the WEBSITE will be limited to US rectifying the malfunction, within a reasonable time and free of charge, provided that WE are notified immediately of the damage or faulty execution of the WEBSITE. This liability will fall away and be expressly excluded if YOU attempt to correct or allows third-parties to correct or attempt to correct the WEBSITE without OUR prior written approval. However, in no event will WE be liable to YOU for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the WEBSITE or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
16.1 WE have made every effort to display the PRODUCTS and CONTENT on the WEBSITE as accurately as possible, including the images that represent a visual depiction of the PRODUCT and the features and descriptions that pertain to the PRODUCT.
16.2 The actual PRODUCTS delivered may be subject to variations in appearance, as PRODUCT packaging may differ over time. It remains YOUR responsibility to ensure that the PRODUCT(S) that YOU order is correct, and the PRODUCT description and/or model number will always overrule any related images when resolving a dispute about a PRODUCT.
16.3 As the actual colours YOU see will depend on YOUR computer’s monitor, WE cannot guarantee that YOUR monitor’s display of any colour will be accurate.Once Makro has assessed a returned item and approved as a refund, you will receive your money back in the same manner in which you made your purchase from Makro:
16.4 YOU may quote small and reasonable amounts of CONTENT available from the WEBSITE, if such quote is placed in inverted commas and acknowledged.
16.5 YOU are encouraged to report untrue, inaccurate, defamatory, illegal, infringing or harmful CONTENT to US and WE undertake to correct and/or remove such content or any part thereof if YOU have provided reasonable grounds to prove the alleged nature of the CONTENT.
16.6 WE reserve the right to, at any time and without notice to YOU, change the CONTENT and/or make improvements, to change or to discontinue, without notice, any aspect or feature of the WEBSITE and any information or content on the WEBSITE.
16.7 WE may use the services of third-parties to provide information on the WEBSITE. WE have no control over this information and WE make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. YOU acknowledge that such information is provided “as is” and that WE will not be liable for any LOSSES that may arise from YOUR reliance on it, howsoever these may arise.
17.1 Hyperlinks provided on this WEBSITE to third-party sites are provided as is and WE do not necessarily agree with, edit or sponsor the content on such sites.
17.2 WE are not responsible for the content of, or the services offered by those third-party sites. The hyperlink(s) are provided solely for YOUR convenience and should not be construed as OUR express or implied endorsement of the site(s) or the products or services provided therein. If YOU access those sites and/or use their products and services, YOU do so at YOUR own risk.
17.3 WE accept no liability whatsoever, for any LOSSES (whether in contract or in delict) which may arise now or in the future from the use of content, if such content was accessed through a hyperlink not directed at the homepage of the WEBSITE. If YOU wish to link to content beyond the home page of the WEBSITE, YOU do so entirely at YOUR own risk and hereby indemnify and hold US harmless from all LOSSES (whether in contract or in delict) that may result from the use of content, if such content was accessed through a hyperlink not directed to the homepage of the WEBSITE. This indemnity is based on the rationale that deep-linking bypasses these T&C.
17.4 Apart from bona-fide search engines operators and use of the search facility provided on the WEBSITE, no person may use or attempt to use any technology or applications (including web-crawlers and web-spiders) to search, collect or copy CONTENT from the WEBSITE for any purposes, without OUR prior written consent. E-mail addresses, names, telephone numbers and fax numbers published on the WEBSITE may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the WEBSITE may be used to communicate unsolicited messages.
17.5 Hyperlinks to the WEBSITE from any other source will be directed to the homepage of the website. Links beyond OUR home page may not be used without OUR prior written consent.
17.6 WE do not editorially control the content of third-party sites and WE will not be held liable, in any manner whatsoever or howsoever arising for YOUR inability to access content available on or through third-party sites.
WE, OUR employees, agents, partners and/or affiliates may intercept, block, filter, read, delete, disclose and use all communications sent or posted by YOU to the WEBSITE.
21.1 WE reserve the right to take whatever action WE may deem necessary to preserve the security, integrity and reliability of OUR network and back-office applications.
21.2 YOU may not utilise the WEBSITE in any manner which may compromise the security of OUR networks or tamper with the WEBSITE in any manner whatsoever, which includes without limitation, gaining or attempting to gain unauthorised access to the WEBSITE, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the WEBSITE, all of which is expressly prohibited.
21.3 WE take all reasonable steps to secure the content of the WEBSITE and the information provided by and collected from users from unauthorised access and/or disclosure. However, WE do not make any warranties or representations that all CONTENT will be completely safe and secure.
21.4 WE are under no legal duty to encrypt any CONTENT or communications to and from the WEBSITE and WE also under no duty to provide digital authentication of any page of the WEBSITE.
21.5 Any person that delivers or attempts to deliver any damaging code to this WEBSITE or attempts to gain unauthorised access to any page on this WEBSITE will be prosecuted, and civil damages shall be claimed if WE suffer any LOSSES.
21.6 YOU may not develop, distribute or use any device to breach or overcome OUR security measures and WE reserve the right to claim damages from all or any persons concerned. If YOU contravene the provisions of this clause YOU will, notwithstanding any criminal prosecution, be liable for all LOSSES incurred and/or suffered by US, OUR employees, agents, partners and/or affiliates as a result of such contravention.
21.7 YOU agree and warrant that data messages that are sent to US from a computer, IP address or mobile device normally used by or owned by YOU, was sent and/or authorised by YOU personally.
21.8 YOU agree and warrant that YOUR log-in name and password will:
21.8.1 be used for YOUR personal use only; and
21.8.2 not be disclosed to any third-party.
22.1 YOU specifically agree that when reporting personal and other information to US:
22.1.1 such information will include all mandatory data;
22.1.2 YOU will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information; and
22.1.3 YOU are authorised to submit the information to US, to make such information available to OUR associated partners, and that such information is not subject to a duty of confidentiality.
22.2 YOU agree that we may electronically accumulate, keep and use the following information:
22.2.1 internet usage information, including YOUR Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that YOU access on the Platform/Website and the dates and times that YOU visit the Website, besides paths taken and time spent on pages/sites within the Website (“USAGE DETAILS”);
22.2.2 additional information YOU may provide voluntarily, such as demographic information or data related to YOUR favourite social networking site (e.g. the site name, address and description(s)), or information relating to YOUR participation in OUR promotions, studies, reviews and surveys, and additional services. (“OPTIONAL DETAILS”).
22.3 When YOU access the WEBSITE, WE may send one or more cookies (these are small text files containing a string of alphanumeric characters) to YOUR computer to collect certain USAGE DETAILS. WE may use both session cookies (which disappear after YOU close YOUR browser) and persistent cookies (which remain after YOU close YOUR browser, which can be removed manually) which may be used by YOUR browser on subsequent visits to the WEBSITE. The use of cookies is a norm/standard on the internet and many major websites use them. Please refer to YOUR web browser “Help” file to learn more about changing YOUR cookie settings.
22.4 When YOU access the WEBSITE or open one of OUR HTML emails, WE may automatically collect and record certain USAGE DETAILS from YOUR system by using different tracking technology.
22.5 The WEBSITE may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow US to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” WE may also insert web beacons in HTML-formatted newsletters, which We send to “opt-in” subscribers to count how many newsletters they have read. OUR web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique WE used to compile anonymous information about the WEBSITE.
22.6 WE may use any OPTIONAL DETAILS for such purposes as shown to YOU at the time YOU agreed to provide such OPTIONAL DETAILS.
22.7 WE may use USAGE DETAILS to:
22.7.1 automatically validate and/or verify YOUR identity for the WEBSITE and transaction security purposes via OUR or via a third-party service provider;
22.7.2 automatically provide YOU with the latest version of OUR application on YOUR system;
22.7.3 remember YOUR information so YOU will not have to re-enter it during the next time YOU access the WEBSITE;
22.7.4 monitor aggregate WEBSITE usage metrics such as total number of visitors and pages accessed; and
22.7.5 track YOUR entries, submissions, and status in any promotions or other activities in connection with YOUR usage of the WEBSITE.
23.1 WE are committed to respecting the privacy of YOUR personal information (as defined in the Promotion of Access to Information Act, 2 of 2002). WE comply with applicable legislation that governs the authentication, protection and disclosure of personal information. WE will take all reasonable steps to protect YOUR personal information.
23.2 YOU agree that WE may electronically gather, save and use the following personal information:
23.2.1 name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
23.2.2 e-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details”);
23.2.3 the credit or debit card number, cardholder name and expiration date YOU submit to the WEBSITE regarding YOUR credit or debit card(s) (“Card Details”);
23.2.4 selected username and password (required for access to personal information pages).
23.3 YOUR Personal Information/Details, Contact Details and Card Details will be collected by the WEBSITE when you provide same directly to us during YOUR registration as a WEBSITE user and/or thereafter by YOU actively transacting, updating or supplementing such details in YOUR WEBSITE user account.
23.4 WE use the information to operate, validate, verify, maintain, enhance and provide all the features of the WEBSITE and OUR services, and as may be necessary for legal compliance when conducting online payment transactions and providing related services.
23.5 WE use YOUR Card Details to provide OUR services (including the verification thereof when YOU transact with US) and, if fees are charged for services and YOU have selected a credit or debit card as YOUR means of payment, we will debit that credit or debit card for such fees owed by YOU. We use YOUR Personal Information/Details to greet YOU when YOU access YOUR user account, to manage and administer YOUR use of OUR services and fulfil our contractual obligations, including the verification of YOUR identity when YOU transact with US.
23.6 We use YOUR Contact Details to verify YOUR identity and to inform YOU of facts relating to YOUR use of OUR services (e.g. customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform YOU, subject to obtaining YOUR prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.
23.7 WE may share YOUR PERSONAL INFORMATION with Payfast, OUR employees, agents and/or entrusted third-parties to administer OUR services now or in the future. PERSONAL INFORMATION may be shared with anyone to whom WE transfer OUR rights and/or duties under these T&C, subject to being legally obliged or permitted to do so. WE may collect, maintain, save, compile, share, disclose and sell any information collected from YOU, subject to the following provisions:
23.7.1 the WEBSITE uses tracking software to monitor user traffic patterns and site usage to assist US with WEBSITE development and design. Such software does not enable US to capture “special personal data” as defined in the Protection of Personal Information Act, 4 of 2013 which includes information about the racial or ethnic origin of the data subject, his political opinions, religious beliefs, whether YOU belongs to a trade union, YOUR physical or mental health, YOUR sexual life, the commission or alleged commission by YOU of an offence and any proceedings for any offence committed or alleged to have been committed by YOU;
23.7.2 WE retain all rights to non-personal statistical information collected and compiled by US, OUR employees and/or agents.
24.1 YOUR use of the WEBSITE and the CONTENT is entirely at YOUR own risk and YOU assume full responsibility and risk of loss resulting from the use thereof.
24.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. YOU bear all risk of transmitting information in this manner. Under no circumstances will WE be liable for any LOSSES that you may suffer as a result thereof. WE reserve the right to request independent verification of any information transmitted via e-mail and YOU consent to such verification if WE deem it necessary.
26.1 All electronic communications, including any attachments thereto that WE transmit to YOU, will be on the following terms and conditions:
26.1.1 before any purported agreement, that has been negotiated either wholly or partly by electronic means, will be considered binding on US, the following will apply:
(a) an advanced electronic signature, (as defined in the ECTA), of one of OUR duly authorized directors will be required to be used and attached to any electronic communication containing any offer and/or acceptance by US, as the case may be;
(b) an electronic communication will be considered to have been sent by a director as aforesaid only if the director sent it personally or if it was sent by a person who had the required authority to act on behalf of the said director;
26.1.2 any opinion or advice contained in electronic communications relating to these T&C will be subject to these T&C unless varied in writing by US;
26.1.3 WE are not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt;
26.1.4 whilst WE employ virus filtering, WE provide no guarantees or warrantees that the electronic communication is virus-free.
27.1 For the purpose of this clause, “intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by US, now or in the future, including without limitation, OUR rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
27.2 All copyright and other intellectual property rights in all CONTENT, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the WEBSITE (“proprietary material”), are OUR property, or are licensed to US, and as such are protected from infringement by local and international legislation and treaties.
27.3 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this WEBSITE is granted to YOU.
27.4 No proprietary material from the WEBSITE may be copied or retransmitted without OUR prior written consent.
27.5 Irrespective of the existence of copyright, YOU acknowledge that WE are the proprietor of all material on the WEBSITE (except where a third-party is indicated as the proprietor), whether it constitutes confidential information or not, and that YOU have no right, title or interest in any such material.
27.6 All PRODUCT brands are protected by copyright worldwide. Any copying, distribution, unlawful replication, distribution of any PRODUCT brand is prohibited.
28.1 If a dispute arises between YOU and US on any matter arising out of these T&C, and the dispute is not resolved amicably within 1 month, then YOU are at liberty to submit YOUR complaint to the National Consumer Commission (the “NCC”).
28.2 If the dispute is outside of the jurisdiction of the NCC, the dispute will be referred to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa and such arbitration proceedings will be conducted in Johannesburg in English. The arbitration ruling will be final and the unsuccessful party will pay the costs of the arbitration of the successful party on a scale as between attorney and own client a in the amount of R3000 (three thousand Rand) per hour and value added tax. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za.
29.1 HELIOS reserves the right, in its sole and absolute discretion, at any time without prior notice or justification, to:
29.1.1 amend these T&C in any respect;
29.1.2 change the CONTENT and/or services available on the WEBSITE;
29.1.3 discontinue any aspect of the WEBSITE, CONTENT and/or services available from the WEBSITE;
29.1.4 change the software and hardware required to access and use the WEBSITE;
29.1.5 amend any prices at which any PRODUCT is offered on the WEBSITE.
29.2 Such changes will be deemed to have been accepted by YOU if YOU continues using the WEBSITE. The obligation therefore is on YOU to review these T&C at regular intervals.
29.3 If YOU are not satisfied with any amendments as aforesaid, YOU must refrain from placing any further orders on the WEBSITE and from further use of the WEBSITE in any way.
30.1 WE are entitled without notice, in addition to any other remedy available to US at law or under these T&C, including obtaining an interdict, to cancel the agreement between US and YOU, limit or deny YOU use of the WEBSITE, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to OUR ’s right to claim damages, should if YOU:
30.1.1 breach any of these T&C;
30.1.2 in OUR sole discretion, use the WEBSITE in an unauthorised manner; or
30.1.3 infringe any statute, regulation, ordinance or law.
30.2 YOUR breach of these T&C will entitle US to take legal action without prior notice to YOU and YOU agree to reimburse US for the costs associated with such legal action on an attorney and own client scale.
31.1 By accessing/using the WEBSITE and/or by submitting an order through the WEBSITE, YOU warrant that you are acting within the bounds of the law and that YOU have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through the WEBSITE and that you are not in breach of the CPA, or any other applicable legislation. YOU indemnify US from any claim and/or liability from any third-party arising out of YOUR instructions and/or use of the WEBSITE.
31.2 If there is a conflict of meaning between these T&C use and any other terms, policies and/or notices issued and/or agreed to by US, then such other terms, policies and/or notices will take precedence where it applies to YOUR use of the WEBSITE.
31.3 WE provide the WEBSITE as a convenience to YOU. To use the WEBSITE for services including but not limited to online shopping, browsing, product information, subscribing as a user, viewing and managing YOUR account and orders, etc. WE may require YOU to provide YOUR personal information.
31.4 If any term of these T&C is void, unenforceable, or illegal, the term will be severed and the rest of the terms hereof will be effective.
31.5 These T&C are governed by and interpreted according to the laws of the RSA without giving effect to any principles of conflict or law.
31.6 YOU agree that WE may bring legal proceedings against YOU relating to these T&C in any Magistrate’s Court that has territorial jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent US from bringing legal proceedings in a High Court that has jurisdiction.
31.7WE will not be liable for any costs incurred by YOU to obtain professional advice relating to these T&C.
31.8 A failure by US to exercise any particular rights or provision of these T&C will not constitute a waiver of such right or provision, unless we acknowledge and agree thereto in writing.
31.9 Email notices addressed to US must be given by email to [INSERT HELIOS EMAIL]. Notices addressed to YOU will be given at the e-mail address linked to YOUR user account. Notice will be deemed given 48 hours after an email is sent, unless the sending party is notified that the email address is invalid.
31.10 WE choose as OUR domicilium citandi et executandi for all purposes under these T&S, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Knightsbridge Manor, 33 Sloane Street, Bryanston, 2152 and cc [INSERT HELIOS EMAIL]. WE may give YOU notice by courier, hand delivery or registered mail (postage prepaid and return receipt requested) to YOUR physical address linked to your user account. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
31.11 YOU may not cede, assign, transfer, make-over and/or delegate any of YOUR or obligations in terms of these T&C to any third-party without OUR prior written consent.
