WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS
This document contains the terms and conditions for the use of Southern Shutters website and extended online services. By accessing any page on the Southern Shutters website or making use of any online services you agree to the following terms and conditions. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the Southern Shutters website or any part thereof. If you do not agree with these terms and conditions you must leave the Southern Shutters web site and discontinue your use of all the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions. Important terms which may limit Southern Shutters responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.
Southern Shutters shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
DEFINITIONS AND INTERPRETATION
- “Southern Shutters website” owned and operated by Southern Shutters and located at southernshutters.co.za, or any page, part or element thereof;
- “online services” means the Southern Shutters website and any other service offered by Southern Shutters through electronic means, including but not limited to electronic billing platforms, memberships, online courses, online portals, online orders and interactive customer websites, and shall include the content and information provided or exchanged as part of such services;
- “User / you or your” means any person who enters or uses the Southern Shutters website or online services, notwithstanding the fact that such a person only visits the home page of the Southern Shutters website or online service portals;
- References herein to the singular include the plural and vice versa and;
- Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
- Whilst every reasonable effort has been made by Southern Shutters, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, Southern Shutters, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
- Southern Shutters makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.
- Southern Shutters does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
INDEMNITIES AND LIMITATION OF LIABILITY
- Southern Shutters shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Southern Shutters accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by Southern Shutters gross negligence or intentional misconduct.
- Southern Shutters shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Southern Shutters, termination of any licence to operate or use the Southern Shutters website, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Southern Shutters reasonable control.
PERMITTED USE AND LICENSE
- You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.
- You warrant that you shall not:
- use the online services for commercial and non-private purposes; and
- use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
- The caching of the online services shall only be allowed if:
- the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 12 (twelve) hours; and
- the cached content is removed or updated when so required by Southern Shutters.
- If you use content from the online services in breach of these terms and conditions:
- Southern Shutters reserves the right to claim damages from you;
- Southern Shutters reserves the right to institute criminal proceedings against you; and
- Southern Shutters shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property on the Southern Shutters web site and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Southern Shutters and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Southern Shutters website and online services are expressly reserved.
SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the online services and/or download content from the Southern Shutters web site and the online services.
- Southern Shutters shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
- As and when necessary, Southern Shutters may electronically collect, store, disclose and/or use the following of your personal information:
- name and surname;
- contact numbers;
- non-personal browsing habits and click patterns through coookies and analytics;
- e-mail address;
- IP address;
- geographical location;
- account details; and/or
- username and password (required for access to personal information pages).
- Southern Shutters collects, stores and uses the above-mentioned information in order for Southern Shutters to:
- communicate requested information to you;
- respond to queries, responses or complaints submitted by you;
- process orders or applications for Southern Shutters products and/or services;
- create products or services that may meet your future requirements;
- provide you with access to restricted pages on the Southern Shutters website; and
- compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
- Southern Shutters may further collect non-personal information, for example, your IP address, the date and time of your visits to the Southern Shutters website, and browser history, to recognise Southern Shutters may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
- Southern Shutters owns and retains all rights to non-personal statistical information collected and compiled by Southern Shutters. As and when necessary, Southern Shutters may use and/or disclose your personal information collected:
- in order to comply with legal and regulatory requirements and applicable laws;
- to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
- to attorneys and/or debt collection agencies if you breach any agreements with Southern Shutters;
- to Southern Shutters agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Southern Shutters products, services and the online services to you;
- to consumer research companies for the purposes of conducting research on improving Southern Shutters products, services and the online services;
- for the purposes of us publishing a directory containing the name, address, details and the applicable mobile phone number of Southern Shutters subscribers; and
- for the purposes of Southern Shutters informing or sending information to you about any new services or products offered by Southern Shutters and/or by any of Southern Shutters agents and/or consultants and/or trade partners which we consider may be of interest to you. Southern Shutters will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
- By using the online services and the Southern Shutters website you understand that Southern Shutters may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the online services. Southern Shutters agrees that it will not disclose any personal information that could be used to identify you.
- Southern Shutters reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
HYPERLINKS TO THIRD PARTY SITES
- In the event that the online services contain hyperlinks to third party sites not controlled by Southern Shutters (“target sites”), Southern Shutters is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Southern Shutters of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk Southern Shutters recommends that you check the policy of the target sites if you have any concerns or questions.
- Southern Shutters shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the Southern Shutters website and/or online services without Southern Shutters prior written consent shall do so at their own risk and indemnify Southern Shutters against any loss, liability or damage that may result from the use of content from the Southern Shutters website and online services, if such content was accessed through a hyperlink not directed at the home page of the Southern Shutters website and/or online services. Southern Shutters non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- Southern Shutters shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, Southern Shutters makes no warranties or representations in this regard.
- While Southern Shutters has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, Southern Shutters assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Southern Shutters
DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, Southern Shutters provides the following information:
- The full name and legal status of the online services owner: Southern Shutters
- Street address: Shop 7, Beacon Rock, 21 Lighthouse Road, Umhlanga;
- Postal address: Shop 7, Beacon Rock, 21 Lighthouse Road, Umhlanga;
- Physical address for receipt of legal service: Shop 7, Beacon Rock, 21 Lighthouse Road, Umhlanga;
- Main business: Southern Shutters;
- The web site addresses of the Southern Shutters website is: southernshutters.co.za;
- The official e-mail address of the Southern Shutters website is: email@example.com;
- Access to and use of the Southern Shutters website is provided free of charge;
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to Southern Shutters;
- You may return goods or services as detailed in ECTA, the Consumer Protection Act and Southern Shutters policies; and
- Users may lodge complaints concerning the online services with Southern Shutters at: firstname.lastname@example.org;
CHANGES AND AMENDMENTS
To the extent permitted by law, Southern Shutters reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
- change these terms and conditions;
- change the content and/or services available from the online services;
- alter and/or discontinue any aspect of the online services; and/or
- change the software and hardware required to access and use the online services.
- The amended versions of the terms and conditions and online services will be displayed in the same media as these terms and conditions. By continuing to use the online services, you agree and understand that you will be bound by the amended terms and conditions.