Terms and Conditions

The Company shall mean Staza Investmemts (PTY) LTD with registration number 2021/ 937059/07 Trading as MaxiBuild.

These Terms and Conditions govern your access to the Website. These Terms and Conditions are a valid and binding contract between you and us. It is therefore important that you read and understand these Terms and Conditions. You may not access the Website unless you agree to abide by these Terms and Conditions without modification. By accessing to the Website, you signify your agreement to these Terms and Conditions.

Please note that these Terms and Conditions make use of a series of terms and phrases which have specific meanings in these Terms and Conditions. These terms and phrases are listed below, together with general interpretive principles which are used to interpret these Terms and Conditions.

We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on the Website. These amendments shall come into effect immediately and automatically and you will be bound by them. It is your responsibility to review these Terms and Conditions regularly and to ensure that you familiarise yourself with any amendments to these Terms and Conditions. If you do not agree with any amendments to these Terms and Conditions, you may no longer access the Website.

Any reference in these Terms and Conditions to a party shall, if such party is LIQUIDATED or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

Legal age and capacity

You may not access to the Website and may not accept these Terms and Conditions if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing to the Website under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you make access the Website.
In accessing to the Website you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms and Conditions.

We may change aspects of the Website

We may add new features and modify or even discontinue existing features without notice to you and in our sole discretion. You agree to this.

You are free to stop accessing to the Website at any time without notifying us. Doing so will not affect the results of or remove the effects of your access of the Website. Please refer to our privacy policy for further information about the Personal Information we collect from you through your access to the Website and how we process this Personal Information.

Definitions

These Terms and Conditions may contain a number of terms and phrases which have a specific meaning in this DOCUMENT. In these Terms and Conditions, headings are for convenience and shall not be used in its interpretation.

Unless we INDICATE to the contrary in these Terms and Conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –

“access” when used in the context of –
⁃ a website, means to visit, use, load in a web browser, mobile phone or similar SOFTWARE APPLICATION or device or otherwise engage with a website;
⁃ content, means to copy, DOWNLOAD, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such content;
“content” means all information (such as data files, written text, COMPUTER SOFTWARE, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your access to the Website;
“intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, TRADE SECRETS and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with the Website;
“know-how” means all the ideas, designs, DOCUMENTS, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them;
“Personal Information” means means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to —
⁃ information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth;
⁃ information relating to your education or your medical, financial, criminal or employment history;
⁃ any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to you;
⁃ your personal opinions, views or preferences;
⁃ the views or opinions of another individual about you; and
⁃ your name if it appears with other personal information relating to you or if the disclosure of your name itself would reveal information about you;
“post” means to upload, publish, transmit, share or store;
“terms and conditions” means these terms and conditions of use, as amended from time to time;
“trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
“you” and Users means the Website’s users;
“us”, “we” and “MaxiBuild” means a private company incorporated in accordance with the company laws of the Republic of South Africa;
“Website” means the website located at www.maxibuild.co.za

When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;

All annexures, addenda and amendments to these Terms and Conditions form an integral part of these Terms and Conditions and, therefore, our contract with you.

Personal Information

We may ask you to submit your Personal Information to us through the Website in order to access aspects of the Website or make use of services we offer on or through the Website.

You warrant that the Personal Information you submit is accurate, current and complete. You will be denied access to the Website should you breach this warranty or subsequently be found to have breached this warranty.

We may take steps to verify your Personal Information which you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the Website may be limited until such time as the verification process has been successfully completed.
Should you not agree to the verification process or withhold your consent as contemplated above, your access to the Website, generally, may be suspended or terminated and you waive any claims you may have against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of access to you to the Website.

You agree that the security of your ACCOUNT is solely your own responsibility. You further agree that –

you are responsible for maintaining and promptly updating the Personal Information and any other information you provide us with, thereby keeping it accurate, current and complete;
if you believe the security of your ACCOUNT on the Website has been compromised in any way, you will notify us immediately;
you shall be held fully responsible for any misuse or compromise to your ACCOUNT which we are not properly notified about; and
if any security violations are believed to have occurred in association with your ACCOUNT, we reserve the right to suspend access to your account pending an investigation and resolution.

Acceptable use

You may not access to the Website for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms and Conditions.

You may not frame the Website in any way whatsoever without our prior written permission. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website.

You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

engage in any abuse of e-mail or spamming, including, without being limited to –
⁃ the posting or cross-posting of unsolicited content with the same or substantially the same message to recipients that did not request to RECEIVE such messages; and
⁃ inviting people who you may be connected to using third-party services to access the Website where those people may not wish to receive such invitations or similar COMMUNICATIONS (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing the Website or other communications you send them from us);
engage in any activity intended to entice, solicit or otherwise recruit Website users to join an organisation except where we expressly authorise such activities in writing;
take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website;
use the Website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any PERSON’S PERSONALITY rights;
use the Website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type o f FINANCIAL scam such as “pyramid schemes” and “chain letters”;
use the Website in a manner that may infringe the intellectual property rights (for example copyright or TRADE marks) or other proprietary rights of others;
use the Website to post anything which contains VIRUSES or any other destructive features, regardless of whether or not damage is intended;
gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect Personal Information about third parties without their knowledge or consent;
violate the privacy of any person in any way including, but not limited to, sharing any person’s Personal Information without their consent to do so;
attempting to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means;
otherwise use the Website to engage in any illegal or unlawful activity.
Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
without notice, suspend or TERMINATE your access to the Website;
hold you liable for any costs we incur as a result of your misconduct; and/or
notwithstanding our privacy policy referred to below, disclose any information relating to you, whether public or personal, to all persons affected by your actions where we are compelled by law to do so.

Licenses

Our license to you

We grant you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferrable and non-exclusive licence to access our content on the Website. This licence is for the sole purpose of enabling you to access the Website, in the manner permitted by these Terms and Conditions. In the event we revoke this license, you may no longer access the Website.

Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to access the Website.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, TRADE names, copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that content except where explicitly permitted to do so in these Terms and Conditions or otherwise in writing from us.

You may only cache the Website if:

the purpose of caching is to make the onward transmission of the content from the Website more efficient;
the cached content is not modified in any manner whatsoever;
your manner of access to the data complies with general conditions of access set out in these Terms and Conditions;
you do not interfere with the lawful use of technology to obtain information about how the cached data is being used;
the cached content is updated at least every 12 (twelve) hours; and
the cached content is removed or updated when we request that do so.

Disclaimers and limitation of liability

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the Website is fit for any purpose.

When you access the Website, it is entirely at your own risk. The Website is made available to you “as is”.

Although we take steps to verify information presented on or through the Website, we do not warrant the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the Website we and/or other users may publish to the Website. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on or relating to the Website without notice to you.

Information, ideas and opinions expressed on or through the Website should not be regarded as professional advice or our official opinion and you are strongly advised to seek appropriate professional advice before acting on such information.

Whilst we take reasonable precautions in our operation of the Website, neither we or our agents or representatives will assume any responsibility and neither we or our agents or representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or FOR VIRUSES that may infect your computer equipment or software or other property on when you access the Website. Any content you access through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing to the Website.

We will use reasonable endeavours to make the Website available to you, and keep the Website available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.

You further agree that –

under no circumstances whatsoever, including as a result of our negligent acts or omissions or those of our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable, shall we or our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information, content or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to access to the Website;
you waive and may not bring any claims or legal action arising out of, or related to Website access or these Terms and Conditions more than 1 (one) year after the cause of action relating to such claim or legal action arose.

Indemnity
You hereby indemnify us and our directors, officers, employees, servants, agents and/or contractors and/or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Website or your breach of these Terms and Conditions.

We are not responsible for your content, files and/or data. You agree to take full responsibility for your content, files and/or data and to maintain all appropriate backup of files and data stored on our servers.

Rights infringement

If you are of the view that your rights have been infringed through the unlawful use of the Website access by registrants or third parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:

the full names and address of the complainant;
the written or electronic signature of the complainant;
identification of the right that has allegedly been infringed;
identification of the material or activity that is claimed to be the subject of unlawful activity;
the remedial action required to be taken by the service provider in respect of the complaint;
telephonic and electronic contact details, if any, of the complainant;
a statement that the complainant is acting in good faith;
a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Please address your notifications to:

Mohammed Shakeel Khan
Email: Info@maxibuild.co.za

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or appropriate action taken against the relevant user and/or third party.

Dealings with 3rd parties
Links to and from the Website from and to other Websites belonging to or operated by 3rd parties (“linked Websites”) do not constitute our endorsement of such linked Websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any Terms and Conditions which will govern your relationship with such third party/ies.

We have no control over linked Websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked Websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked Websites. You further agree that where you access linked Websites, you do so entirely at your own risk.

Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the Website is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

Governing law and jurisdiction
The Website is controlled and maintained from our facilities in Durban, South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern your access to the Website and these Terms and Conditions.

You consent to the jurisdiction of the Durban High Court, Johannesburg, South Africa in respect of disputes which may arise out of your access to the Website and these Terms and Conditions.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.

Legal service of documents and notices
We choose the addresses below for all communication purposes under these Terms and Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature.

You agree that we may, but are not obliged to, serve notices or other documents or communications on you using your email address. In such cases, you agree further than our notices or other documents or communications will be deemed to have been served on you no later than 24 hours after the notices or other documents or communications were sent.
We may monitor your communications

Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to us or the Website or using the Website and/or to our staff and/or employees.

You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

We reserve the right, but has no obligation, to monitor the content you post on the site. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms and Conditions, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.

Severability

Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

TERMINATION
If you breach any of these Terms and Conditions, we may immediately, automatically and without notice to you, terminate your access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

Disclosures required by the ECT Act

Access to the content, website and/or competition available on or through the application are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:

General terms

You agree that:

you are bound by these Terms and Conditions;
data messages addressed by you to us shall be deemed to have been –
⁃RECEIVED if and when responded to;
⁃ sent by you within the geographical boundaries of South Africa;
electronic signatures, encryption and/or authentication are not required for valid electronic COMMUNICATIONS between you and us;
as well as warrant that data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.

These Terms and Conditions constitute the whole agreement between you and us relating to your access to the Website.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our AGENT or partner or as being in a joint venture with us.

The Customer shall mean the person or entity who logged into The Website using the relevant User Name and Password or entity who receives, or expects to receive, any goods or services from the Company, or any persons or entities residing at the physical address or email address implied during the course of any correspondence with the Company.

The Company Systems shall mean all processes or means (regardless of whether they are electronically automated, manually enabled or provided by any third parties), that are used by the Company to capture information, provide information to the Customer or third parties, deliver goods, process payments, keep records, or ensure continuity of the services or products offered by the Company.

The Website shall mean the Internet website accessible using the Internet URL www.maxibuild.co.za

The OEM manufactures shall mean any third party entity or organisation whose goods or services are offered by the Company for sale to the Customer.

The Goods shall mean any and all products and/or services provided by, or offered by the Company to the Customer during the course of this agreement.

The Delivery Address shall mean information supplied by the Customer that is used by the Company to describe the physical location where the Goods should be delivered to in fulfilment of this agreement.

Subject to all the provisions of the clauses herein, the Company hereby agrees to deliver the Goods, in a new and unused state, to the Delivery Address, for the consideration amount – all as specified by a valid order generated by the Company System. The Customer hereby agrees to pay the Company the amount, in advance, for delivery of those Goods specified by that same order.

The Customer further agrees to provide to the Company, on request, all information required for it to meet its obligations in this regard, including but not limited to, the Customers true identity, physical, delivery and email addresses, contact phone numbers, and if necessary bank account information.

All amounts payable in terms of this agreement shall be payable in advance. No goods will be delivered until payment has been received in full.

Notwithstanding above, in the event that any goods delivered are not paid for, or if payment for such delivered goods has subsequently been reversed for any reason whatsoever, those goods remain the sole property of the Company and will be returned to the Company immediately on demand, in an unused condition, with all original packaging and documentation. Any damages to the goods requiring repair, or costs attributable to the used condition of the goods, or lack of, or damage to packaging, or the cost of transporting or seizing those goods will be payable by the Customer on demand.

The Company reserves the right at any time during the delivery process, up until the goods are physically delivered to the Customer, to cancel the Customer’s order, for any reason whatsoever. In the event that the Customer’s payment has been processed before the order was cancelled, the Company undertakes to ensure that the all amounts paid by the Customer for that cancelled order are re-paid in full, no later than 10 working days after the Customer receives the notification of cancellation of the order. The Company undertakes, where possible, not to process the payment of any orders cancelled, and/or, in any event, to re-pay in full, any orders cancelled that have been processed.

The Customer shall be liable for any and all expenses incurred by the Company on an attorney and advocate scale whether incurred prior to or during institution of legal proceedings or if judgement has been granted, in connection with the satisfaction of such judgement, in regards to the enforcement of this agreement.

Delivery occurs when the Company’s appointed courier service hands the goods to the Customer, or any persons claiming to represent the Customer, at the specified Delivery address. The Delivery Note, generated by the Company’s appointed courier service will serve as sufficient documentary evidence of such delivery. All risks pass to the Customer on delivery.

The Company assumes that any persons claiming to represent the Customer at the specified delivery address is duly authorised to receive the goods. The Company, or its appointed courier service, cannot be held responsible for any loss or liability whatsoever incurred in this regard.

If no notification to the contrary has been received by the Company from the Customer within 5 (five) working days after the Delivery Note date, or the quoted delivery date to the Customer in the absence of a Delivery Note, the Customer is deemed to have accepted the goods delivered as conforming in all respects to that ordered.

The Company assumes that the Delivery Address has been correctly specified by the Customer and thus cannot be held responsible for incomplete, inaccurate, out of date or any other discreprencies relating to information provided by the Customer, particularly with regard to Delivery addresses, Customer contact information or any other information required by the Company from the Customer in order to fulfil any orders placed on the Company by the Customer. The Customer hereby acknowledges that it is solely responsible for provision and on-going accuracy of all such information required during any transactions undertaken with the Company.

If, for any reason, delivery could not take place, the Company will attempt to contact the Customer using the contact information supplied and use its best endeavours to coordinate one additional attempt at delivery. If this attempt also fails, for any reason, the Company will cancel the order and repay any money paid by the Customer for that order.

The Company undertakes to ensure that all goods delivered are insured against loss or damage up until delivery to the Customer.

If the Customer believes that goods were either lost or damaged in transit, it must notify the Company no later than 3 (three) working days of the goods being received or being perceived overdue.

In the case of damaged goods, the unused goods must be returned to the Company as soon as possible with all associated packaging and documentation, the reasonable costs of which will be born by the Company, provided the Customer’s claim is valid. The Company reserves the right, at its sole discretion, to reject such goods returned, if it is reasonable to believe they were not in fact damaged in transport.

In the event of such loss or damage, the Company undertakes to either refund to the Customer the full amounts received from any such insurance claim, or re-supply the goods, as originally ordered, at its sole discretion.

On no account will the full extent of the Company’s liability to the Customer, in the event of lost or damaged goods, exceed the original order amount for those goods.

The Customer shall have no claim against the Company and the Customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost caused by or arising from any fact or circumstances beyond the reasonable control of the Company; specifically including, but not limited to, acts of God or Force Majeure or any downtime, outage, interruption in or non-availability of any of the services of the Company Systems and infrastructure;
any infringement of the Customers rights of privacy, constitutional and/or any other like rights (including those of any other person or entity), arising from the supply of goods provided in terms of this agreement ,any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Customer’s information, data or content the damage, contamination or corruption of any kind of the Customer’s data, material, information and/or content howsoever occasioned; without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if the Company has substantially performed its obligations under this agreement. any OEM product specifications or images that may have subsequently changed, or have been erroneously represented by the Company in any way; the Customer following the advice offered by the Company with regard to the suitability of any product for any purpose. Such advice is offered as a guide only, and the Company does not warrant that any product sold is fit for any purpose whatsoever.

Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the Customer shall have no claim against the Company and the Customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.

The Company reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Company Systems and the Customer undertakes that it will not do or permit anything to be done which will compromise the security of the Company Systems.

Although the Company shall use reasonable endeavours to provide disaster recovery, the Company does not specify any recovery time, nor shall the Company be liable for any loss or damage of whatever nature incurred or suffered by the Customer from any cause whatsoever as a result of the Companys failure to provide, or delay in providing, or providing only partial, disaster recovery. The Customer is accordingly advised to make back-ups of its transactional, or any other type of data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by the Customer will be successful or in any way will avoid disaster.

Notwithstanding any of the provisions of this agreement, in the event of a claim or claims for liability, for any reason whatsoever, by the Customer on the Company, the Company’s total liability to the Customer shall not exceed the total payable amount by the Customer of any or all orders, placed by the Customer on the Company in a one month period immediately preceding the date of notification of the claimed liabilities, provided such orders have been explicitly accepted by the Company in that period.

The Customer and the Company both warrant that they have complied with all governmental, provincial and municipal statutory requirements promulgated in relation to its principal business activities and that such compliance will exist for the currency of this agreement. The Customer specifically agrees to indemnify and hold the Company harmless in the event that the Customer commits any transgression, and/or causes the Company to inadvertently commit any transgression of any such regulations during the course of any transactions with the Company.

All goods are provided with the OEM manufacturer’s warranty only. In the event that the Customer believes that the goods may be defective and qualify for a claim against the OEM manufacturer’s warranty, such goods may be returned to the Company, all costs of such return to the Company to be born by the Customer. If, at the sole discretion of the Company, the goods do indeed qualify for a claim against the OEM manufacturer’s warranty, the Company undertakes to forward the goods to the OEM manufacturer for repair, solely in terms of that warranty, and to return the goods back to the Customer once repaired. All associated costs of transport to and from the OEM Manufacturer to be born by the Company, provided such claim proves to be valid. In the event that the OEM manufacturer rejects such claim, all associated costs of repair, transport, insurance, customs duty and any other costs will be born by the Customer.

The Company may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Companys services. Where the circumstances permit, the Company shall use its best endeavours to provide prior notice of any such suspension to the Customer. The Customer shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond the Companys control.

RETURNS AND REFUNDS POLICY

A non-negotiable Buyback Fee of 25% will be charged on items returned for credit to our warehouse.

Items that are non-returnable include:
- Electronic goods like rechargeable batteries
- Electronic spare parts
- Products with an expiry date
- Custom orders or special-order items
- Items in which there is wear and tear, damage or visible usage
- Items without original packaging and/or is missing parts or accessories
- Products purchased during closeout sales and promotions
- Products specially marked “Non-Returnable”

All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party shall be and remain the sole property of such party and the relevant licensors respectively.

The Customer shall not be entitled to use any of the images, content, trademarks, logos, brand names, domain names or other marks (collectively referred to herein as marks) of the Company or any of its associates, or any of the product OEM manufacturers, without the prior written approval of the Company or the OEM manufacturers respectively.

The Company shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of the Company or to any third party.

The parties choose domicilium citandi et executandi (domicilium) for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified, in the case of the Customer, the physical address given by the Customer’s registration information, in the case of the Company, by the physical address given in the ‘Contact Us’ page of the Website.

Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.

Any notice given and any payment made by one party to the other (the addressee) which is delivered by hand during the normal business hours of the addressee at the addressees Dom cilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee at the time of delivery, is posted by prepaid registered post from an address within South Africa to the addressee at the addressees Dom cilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 7th (seventh) day after the date of posting, is transmitted by tele-facsimile or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 2 (two) hours of the commencement of the following business day where it is transmitted outside those business hours.

The Customer hereby specifically agrees, during the course of this agreement, to be bound by the laws of the Republic of South Africa only, and that they hereby further specifically agree to waive and relinquish all rights enjoyed under the laws of any other country that contradict, or are not granted, or recognised by the laws of the Republic of South Africa.

All Internet or electronic transactions are deemed to have taken place in Johannesburg, South Africa, at the time implied by the Company System records.

All amounts will be paid in South African Rand (ZAR).

This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. If there is any provision in any addendum which conflicts with any provision in the standard terms and conditions of sale, the latter shall prevail.

No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement.

No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.

All terms inferring gender will apply to both male and female equally. All persons or entities who are referred to in the singular or plural, will apply to both the singular or plural interchangeably. All clause headings are intended for legibility only, and no meaning whatsoever can be derived from, or associated with those headings with respect to the following clause wording.