TERMS AND CONDITIONS FOR ACCESSING AND/OR USING THE WEBSITE (PLEASE NOTE IN PARTICULAR THE PARAGRAPHS IN THESE TERMS AND CONDITIONS WHICH ARE IN RED AND BOLD, WHICH MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES)
1 These Terms and Conditions are the general terms and conditions that apply to your access and use of the Website.
2 By accessing the Website, you agree that you have read, understood and agree to be bound by the Terms and Conditions which are posted on the Website at the time of such access and as amended from time to time.
3 Additional terms and conditions may apply to particular information, content, services, applications or any other aspect of the Website or to products and/or services provided by us, or particular promotions, from time to time (“Additional Terms”).
4 No provision in these Terms and Conditions is to be interpreted or construed as excluding or waiving any rights which you may have in terms of the ECT Act, the CPA or any other applicable laws.
Definitions and interpretation
5 In these Terms and Conditions the following terms will have the following meanings –
5.1 “Affiliate” in relation to us means any person which is –
5.1.1 controlled by us;
5.1.2 controls us; or
5.1.3 is under common control with us;
5.2 “Business Day” means any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
5.3 “CPA” means the Consumer Protection Act, 2009
5.4 “Data message” has the meaning assigned to it in the ECT Act;
5.5 “ECT Act” means the Electronic Communications and Transactions Act, 2002;
5.6 “Steely”, “we” or “us” means Assistability Consultants CC and their successors-in-title;
5.7 “Registered User” means a person who has registered for access to the restricted pages on the Website;
5.8 “Terms and Conditions” means the terms and conditions set out in this document, as amended from time to time;
5.9 “Third Party Website” means any website which is not owned and/or controlled by us;
5.10 “User” or “you” means a person who accesses or uses the Website; and
5.11 “Website” means the website located at https://steely.co.za and any other URL used by us from time to time.
6 Any reference in the Terms and Conditions:
6.1 to the singular includes the plural, and vice versa; and
6.2 to one gender includes the other gender.
Hardware, software and Internet access
7 It is your responsibility to acquire and maintain, at your expense, the computer hardware and software, telecommunications facilities and Internet access service (“IT facilities”) in order to access and use the Website.
8 You must ensure, prior to accessing the Website at any time, that –
8.1 the Website is compatible with your IT facilities; and
8.2 your IT facilities are sufficient in order for you to access and use the Website.
9 We will not be responsible for your inability to access and/or use the Website, either optimally or at all, if you do not comply with clauses 7 and 8 of the Terms and Conditions.
10 You agree not to access, or attempt to access, the Website by any means other than through the interface that is provided by us online.
Allowed use and licence
11 You may only access and use the Website, or any of the information or materials provided on the Website, in a lawful manner, for your private or educational purposes, and in accordance with the Terms and Conditions.
12 You may not access or use the Website, or any of the information or materials on the Website, for any commercial or other non-private purposes (“commercial purposes”) without our prior written consent.
Cost of Website access
13 Subject to these Terms and Conditions, you may access this Website for free. However, access to some or all of the pages on the Website may be restricted to Registered Users.
14 Notwithstanding clause 13, we may, in future, charge you to access and/or use the Website, or any aspect thereof, provided that we will give you prior notice on the Website of such change.
15 You may cache the Website provided that –
15.1 the purpose of the caching is to make the onward transmission/download of the content from the Website more efficient;
15.2 you do not modify, reproduce, interfere with the cached data/content in any manner whatsoever, or otherwise use the cached data/content in a manner not authorised by us in these Terms and Conditions; and
15.3 you update, or remove from your computer system, the cached data/content if we request you to do so.
References or hyperlinks from Third Party Websites or resources
16 We may provide references or hyperlinks to Third Party Websites or resources. Such links do not necessarily imply any endorsement, agreement with, or support for, the information on or content of those Third Party Websites or resources.
17 We do not editorially control the information or content on those Third Party Websites and neither we nor our Affiliates will be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such sites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the Website.
Hyperlinks to Website
18 Subject to these Terms and Conditions, you may hyperlink to the Website from another website.
19 When you hyperlink to the Website from another website, you do so at your own risk.
20 No person may frame the Website in any manner without our prior written consent.
21 Other than bona-fide search engine operators and the use of any search facility which we may provide on the Website now or in the future, no person may use, or attempt to use, any technology or applications (such as web crawlers, web spiders, robots, harvesting bots or scrapers) to search the Website for any purposes without our prior written consent.
User postings on Website
22 You may not post your personal opinions, messages or ideas on or in relation to the Website.
23 You may share the Website using the share functionality provided on the Website, subject to complying with clause 24 to 27 of these Terms and Conditions.
24 You undertake not to post any information or content on the Website or any third party platform in relation to Steely, Steely products or services, or the Website that is, or may be, unlawful, defamatory, harassing, obscene, personal/commercial advertising/marketing material, profane, untrue, false, incorrect, misleading, infringes the privacy rights, intellectual property rights or any other rights or interests of ours, our Affiliates or of a third party, or is harmful in any way. Without limiting the generality of this clause, you agree that you will not upload, post or otherwise transmit any content that includes any of the following –
24.1 any personal information belonging you or another person;
24.2 spam/unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;
24.3 excessive posts, meaningless posts, posts unrelated to the topic or padding posts;
24.4 discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company or product;
24.5 unfounded or vexatious complaints about us, our Affiliates, or our policies or practices;
24.6 attacks, including “Flaming”, of another user in such a way as to incite or perpetuate arguments or conflict; creating usernames to attack other users’ identities; impersonating other individuals or falsely representing one’s identity or qualifications; posts made under
secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant’s privacy by including that participant’s personal information;
24.7 posting a link or otherwise directing other Website users to any information or content that, if posted on the Website would contravene these Terms and Conditions;
24.8 include URLs of third party websites or other third party information;
24.9 discussions regarding pending South African court cases;
24.10 advice that would result in a breach of any of our products or equipment warranties (if any);
24.11 advice that would result in a breach of any of the Additional Terms (if any);
24.12 advice that, if followed, could result in injury or harm or that could be seen as giving medical advice.
25 You are encouraged to report to us information or content on the Website that you believe contravenes clause 24.
26 We are not responsible for any information or content posted by third parties on the Website or in relation to Steely or Steely products or services.
27 If you post any information or content onto the Website or any third party platform in relation to Steely, Steely products or services, you will be responsible for any loss, liability or damage that we or our Affiliates may suffer, directly or indirectly as a result of your posting.
28 You may not, whether intentionally or negligently, do, or attempt to do, anything to interfere with or disrupt the Website, or compromise the security or stability of the Website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses, worms and Trojan horses) or other damaging or destructive component to the Website, or the server and computer network that support the Website.
29 You must take all reasonable steps to prevent compromising the security and stability of the Website.
Intellectual property rights and domain name use
32 All intellectual property on the Website, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, and hyperlinks, whether registered or not (“the intellectual property”) is the property of, or is licensed to, us or our Affiliates.
33 These Terms and Conditions should not be construed as granting you any licence or right to use the intellectual property without our prior written consent.
34 Without limiting the scope of clause 33, you specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the intellectual property, or any aspect thereof.
35 All our intellectual property rights are expressly reserved.
Disclosures required by s43 of ECT Act
36 We make the disclosures required in terms of the ECT Act in Annexure A.
37 In clauses 38 and 40, references to “we”, “us” or “our” includes our directors, officers, employees, agents, representatives, intermediaries and Affiliates.
38 Information, ideas and opinions expressed on the Website should not be regarded as our professional advice or official opinion, and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the Website.
39 Any health/medical information contained in the Website is not intended nor implied to be a substitute for professional medical advice. It is provided for information purposes only, and you assume full responsibility for how you choose to use this information. You must always seek the advice of your physician or other qualified healthcare provider regarding any health/medical questions you may have. Nothing contained in this Website is intended to be used for medical diagnosis or treatment. The information and materials on the Website should not be used as a substitute for the care and knowledge that your physician can provide to you.
40 Subject to the provisions of s43(5) and s43(6) of the ECT Act, if and to the extent applicable, and to any applicable provisions of the CPA, and to the full extent permitted by law:
40.1 We make no representations and give no warranties, whether expressly or implicitly, as to the Website or the information provided on the Website, and specifically, but without limitation, make no representations and give no warranty –
40.1.1 that the Website will be tailored to meet your personal requirements or expectations;
40.1.2 of the time within which the Website will be updated, or that access to the Website will be uninterrupted or error-free; or
40.1.3 that the information provided on the Website will be true, complete, accurate or reliable.
40.2 We will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from negligence, and which is suffered by any person who accesses, uses or relies on the Website. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:
40.2.1 access to the Website;
40.2.2 access to any websites linked to the Website;
40.2.3 inability to access, or delays or difficulty in accessing, the Website, to the extent that such inability, delay or failure results from causes beyond our reasonable control;
40.2.4 inability to access, or delays or difficulty in accessing, any websites linked to the Website due to reasons beyond our reasonable control;
40.2.5 access to, use of, or reliance on information or content available on the Website;
40.2.6 without limiting the scope of clause 40.2.7, any content posted by third parties on the Website,;
40.2.7 services available from the Website;
40.2.8 our delay or failure to fulfil our obligations under these Terms and Conditions to the extent that such delay or
failure results from causes beyond our reasonable control;
40.2.9 any negligent act or omission of ours or our consultants, agents or employees; or
40.2.10 your use of the products you have purchased from us.
Offer and acceptance
41 By advertising any goods/services on the Website, we invite you to make an offer to acquire the relevant goods/services.
42 In the event that you make an offer, we may accept the offer, in which case we will take additional positive action to demonstrate our intention to accept the offer.
43 You must make payment in the manner specified on the Website from time to time in South African currency (the South African Rand (ZAR)).
Product details and changes thereto
44 Prior to making any decisions or entering into any agreements or transactions, you should confirm the relevant details, such as the nature, description, content and cost of products and services via the Website. You may also contact us for further information using the contact details on the Website.
45 We also draw to your attention that our products are subject to change from time to time. The updated details will appear on the Website from time to time.
46 Prior to finalising any electronic transactions we will give you an opportunity to –
46.1 review the entire transaction;
46.2 correct any mistakes; and
46.3 withdraw from the transaction.
47 The prices for the various products and services we offer are specified on the Website and are subject to change. We will display the updated prices on the Website from time to time.
48 The prices on the Website include VAT, but exclude delivery, unless indicated otherwise.
49 We offer delivery to major centers in most parts of the Republic of South Africa. We do not delivery outside South Africa.
50 The cost of delivery will be borne by you and will vary based on the value of the products purchased by you and on the delivery method and service level which you choose.
51 From time to time we may offer free delivery for offers over a certain value. Please check the Website for details. We may limit any such free delivery promotions to particular products. Free delivery is available only in major centers in the Republic of South Africa, as determined by us with reference to postal codes, and may not be available even in major centers identified by us if we are of the view that free delivery is not economically viable to your selected address.
52 We will dispatch your order within a maximum of two Business Days after your order has been completed and full payment has been received by us (whichever is the later, and not including this day). Courier delivery should take place within a maximum of four Business Days after we have dispatched your order to the courier. However, a courier is a third party service provider over which we do not have control and we will not be responsible for any delays beyond our reasonable control.
53 If you return a product for us, then you will be responsible for the cost of returning the product to us unless the product is defective as contemplated in Part H of Chapter 2 of the CPA.
Time, place, manner and attribution of data messages
54 You and we agree to the following:
54.1 Data messages addressed by you to us will be deemed to have been received by us only if we respond thereto or acknowledge receipt thereof.
54.2 Data messages addressed by us to you will be deemed to be received by you when the complete data message enters an information system designated or used by you for that purpose and is capable of being retrieved and processed by you.
54.3 Data messages addressed by you to us or vice versa will be deemed to have been created and sent from Johannesburg, South Africa.
54.4 Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between you and us.
54.5 Any data messages that are sent by you to us from a computer, IP address or mobile device normally used by or owned by you will be deemed to have been sent to us by you, or on your behalf by a person duly authorised by you.
Amendment and termination
55 You agree that we may from time to time –
55.1 change these Terms and Conditions;
55.2 vary the information, content, products, applications or any other aspect of the Website;
55.3 discontinue any products or any aspect of the Website or information, content, services and applications on the Website; and
55.4 change the IT facilities required to access and use the Website or the information, content, services and applications on the Website.
56 Such a change will not affect our or your rights and obligations in respect of a transaction or agreement between us which is already complete at the time of such change.
57 All permissions granted in these Terms and Conditions are provided on a non-exclusive and non-transferable basis.
58 We may terminate the Website, or any aspect thereof, at any time.
Entire agreement and variation
60 These Terms and Conditions, as amended by us from time to time, constitute the entire agreement between us and you in relation to its subject matter and supersede any previous agreement between you and us.
61 In the event that any provision detailed herein is found unenforceable or invalid for any reason, such terms or conditions will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.
Direct marketing communications
62 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“Direct Marketing Communications”).
63 You may opt out of receiving Direct Marketing Communications from us at any time by requesting us, using the contact details on the Website, to desist from initiating any direct marketing to you.
64 If you have opted out in accordance with clause 63, we will –
64.1 send you written (which may include electronic writing) confirmation of receipt of your opt out request; and
64.2 not send you any further Direct Marketing Communications.
65 You may, in terms of the CPA, register a pre-emptive block against Direct Marketing Communications. If you do so, we will not send you Direct Marketing Communications unless you have expressly consented to receiving Direct Marketing Communications from us.
66 We will not send you Direct Marketing Communications at home at any period during which it is prohibited by law to do so, unless you have expressly or implicitly requested or agreed otherwise.
67 We draw to your attention that you may be entitled to certain consumer rights in terms of the ECT Act and/or the CPA and other applicable laws. Copies of the ECT Act and the CPA are available at http://www.gov.za/documents/electronic-communications-and-transactions-act and http://www.gov.za/documents/consumer-protection-act.
68 You may, if and to the extent applicable, cancel an electronic transaction without reason and without penalty and receive a full refund in terms of s44 of the ECT Act within seven days after the date of the receipt of goods or, in respect of services, within seven days after the date of the conclusion of the agreement (“the cooling off provisions”). If you wish to exercise those rights, you must –
68.1 inform us in writing;
68.2 return the products to us as soon as reasonably practicable, and at your own cost;
68.3 take care of the products whilst they are in your possession.
69 You must take note that the cooling off provisions are not applicable in the circumstances specified in s42(2) of the ECT Act.
70 If we fail to give you the opportunity referred to in paragraph 46, then you may exercise your rights in terms of s43(3) and (4) of the ECT Act.
71 No provision of these Terms and Conditions is to be interpreted or construed as-
71.1 excluding, limiting or waiving any rights which you may have, or avoiding any obligation which we may have, in terms of the ECT Act, the CPA or any other applicable laws, whether in South Africa or any other country having jurisdiction (unless such laws permit the parties to agree otherwise); or
71.2 limiting or exempting us from liability as a supplier for any loss directly or indirectly attributable to our gross negligence or that of any person acting for or controlled by us.
Applicable and governing law
72 The Website is hosted, controlled and operated from the Republic of South Africa.
73 These Terms and Conditions are subject to, and will be interpreted, implemented and enforced in terms of the laws of the Republic of South Africa.
74 Subject to clauses 79 to 82, the parties consent to the jurisdiction of the Magistrate Courts in respect of all proceedings arising out of or pursuant to these Terms and Conditions. The parties may, in their discretion, institute any proceedings arising out of or pursuant to these Terms and Conditions in any division of the High Court of South Africa having jurisdiction.
75 We will not be responsible for any costs incurred by you to obtain professional advice relating to these Terms and Conditions.
76 If we fail to comply with the disclosure and review requirements in s43 and s46 of the ECT Act and you have entered into a transaction with us through this Website, you may cancel that agreement within 14 days of receipt of the goods and we will refund you, on return of the goods, all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging.
77 Without prejudice to any other rights we may have, we may claim damages from any person who contravenes these Terms and Conditions and as a result of which we suffer any loss, liability, harm or damage.
78 Any relaxation or indulgence which one party may show to the other party from time to time or any failure by a party to exercise or enforce any right or provision of these Terms and Conditions is without prejudice to and does not constitute a waiver of any right or provision either in these Terms and Conditions or any law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to the other party in writing.
Resolution of disputes
79 If we are unable to resolve a dispute between you and us concerning the interpretation or application of these Terms and Conditions, any party who wishes to pursue that dispute may, subject to these Terms and Conditions, and without prejudice to any other remedy that such party may have, refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
80 Such arbitration proceedings must be conducted in Johannesburg in English.
81 The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
82 The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za
Amendment of Terms and Conditions
83 We may amend the Terms and Conditions from time to time.
84 If we amend the Terms and Conditions, we will post the amended terms and conditions on the Website.
85 Subject to paragraph 87, the amended Terms and Conditions will become effective immediately once they are posted on the Website, and any subsequent use of the Website will be governed by the Terms and Conditions effective at the time of such access and use.
86 Each time you access the Website you agree to be bound by the version of the Terms and Conditions posted on the Website at the time. You are advised to regularly check these Terms and Conditions for any amendments.
87 If we amend the Terms and Conditions, the amendment will not affect any transaction already in force between you and us at the time of the coming into operation of the amendment, or any rights or obligations which you or we may have in terms of an existing transaction.
Annexure A: Disclosures required by s43 of ECT Act
|Full name and legal status:
||Assistability Consultants CC.
||(011) 884 5926 or 082 416 7676
||108 East Avenue Atholl Johannesburg 2196.
||PO Box 1090, Parklands, 2121, South Africa
|Physical address for receipt of legal service:
||108 East Avenue Atholl Johannesburg 2196.
||Sale of health and environmental promoting drinking products
|Office bearers (members):
||C.J. Merdjan L.J. Merdjan
|Alternative dispute resolution:
||Please refer to clauses 79 to 82 of these Terms and Conditions.
|Description of goods/services offered on Website:
||Please refer to the page of the Website describing the products offered.
|Price of goods/services offered on Website:
||Please refer to the page of the Website describing the products offered.
|Full price of goods/services
||Please refer to the page of the Website describing the products offered. Note that delivery costs are reflected separately on the Website.
|Manner of payment
||Please refer to the page of the Website describing the payment options.
|Time within which goods will be dispatched/delivered or services rendered
||We will dispatch your order within a maximum of two business Days after your order has been completed and full payment has been received by us (whichever is the later, and not including this day). Courier delivery should take place within a maximum of four Business Days after we have dispatched your order to the courier. However, a courier is a third party service provider over which we do not have control and we will not be responsible for any delays beyond our reasonable control. Refer to clauses 49 to 53 of the Terms and Conditions for further delivery information.
|Record of the transaction
||We will provide you, via the Website or by e-mail, with a written record of each transaction to the e-mail address provided by you to us, as amended by you from time to time.
|Return, exchange and refund policies:
||If the Website fails to comply with the disclosure requirements in s43 of the ECT Act, or if we fail to allow you to prevent and correct mistakes in any transaction concluded via the Website, you may cancel such transaction within 14 days of receipt of the goods and be refunded, upon return of the goods, for all payments made, less the direct cost of returning the goods, provided that we receive the returned goods unused, in their original condition, and in their original packaging.
If you place an order on the Website and we fail to execute the order timeously, you may cancel the agreement.
You may return a product which you purchased from us without reason and without penalty within 30 calendar days after your order has been completed and full payment has been received by us (whichever is the later), provided that we receive the returned goods unused, in their original condition, and in their original packaging.
You may return a product which you purchased from us which is defective as contemplated in Part H of Chapter 2 of the CPA.
Please refer to any Additional Terms and Conditions applicable to specific products for further detail on return, exchange and refund policies.
||If and to the extent that s42(2) of the ECT Act applies, if you conclude a transaction through this Website, you will have a 7 day cooling off period.
If and to the extent that s16 of the CPA applies, if you conclude a transaction through this Website as a result of any direct marketing by us, you will have a 5 day cooling off period.
|Security procedures in respect of payment and payment information
||We will utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned. If we fail to do so, you may exercise your rights in terms of s43(6) of the ECT Act.
This information is subject to change from time to time.
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