WEBSITE TERMS OF USE

1 Website terms and conditions of use
1.1 This document sets out the terms and conditions (“Terms”) of (insert the name, registered
address and company registration number of the Service Provider) (“Service Provider”)

pertaining to the access and use of the information, products, services and functions provided
on www. (insert name of the website) (“Website”).
1.2 Should any person that accesses the Website you (“you” or “user”) disagree with any of the
Terms, you must refrain from accessing the Website and/or using our services.
1.3 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance
authorization, permission and consent to be bound by these Terms before purchasing any
products or services.
1.4 Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the
whole of, the Terms. Such amendments shall supersede and replace any previous Terms and
shall be made available on the website. Each time a user accesses the Website and/or uses the
services, the user shall be deemed to have consented, by such access and/or use, to the Terms,
as amended and/or replaced by Service Provider from time to time. If you are not satisfied with
the amended Terms, you should refrain from using the Website.
1.5 We will however give you prior notice where we have collected personal information from
you and the purpose for which we collected that information, is affected by the intended
amendment.
1.6 If there is anything in these Terms that you do not understand then please contact us as soon
as possible – see clause 11 below for contact details. Please note that calls to us are charged at
national rates and may be monitored for training, security and quality assurance purposes.
2 Content of the Website
2.1 Service Provider reserves the right to make improvements, to change or to discontinue,
without notice, any aspect or feature of the Website and any information or content on the
Website.
2.2 Service Provider reserves the right to change and amend the products, prices and rates quoted
on this Website from time to time without notice.
2.3 Service Provider may use the services of third parties to provide information on the Website.
Service Provider has no control over this information and makes no representations or
warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees
that such information is provided “as is” and that Service Provider and its online partners shall
not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever
these may arise.
2.4 Service Provider makes no representations or warranties, whether express or implied, as to the
accuracy, completeness or reliability of any information, data and/or content on the Website,
including without limitation:
2.4.1 Service Provider does not warrant that the Website or information or downloads shall be
error-free or that they shall meet any particular criteria of performance or quality. Service
Provider expressly disclaims all implied warranties, including without limitation, warranties of
merchantability, fitness for a particular purpose, non-infringement, compatibility, security and
accuracy;
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2.4.2 whilst Service Provider has taken reasonable measures to ensure the integrity of the Website and its
contents, no warranty, whether express or implied, is given that any files, downloads or applications
available via this Website are free of viruses, or any other data or code which has the ability to
corrupt, damage or affect the operation of the user’s system; and
2.4.3 Service Provider disclaims any responsibility for the verification of any claims. Information published
on this Website may be done so in the format in which Service Provider received it and statements
from external parties are accepted as fact.
3. Linked third party websites and third- party content
3.1 Service Provider may provide links to third party websites on the Website. These links are provided
to the user for convenience purposes only and Service Provider does not endorse, nor does the
inclusion of any link imply Service Provider’s endorsement of, such websites, their owners, licensees
or administrators or such websites’ content or security practices and operations.
3.2 While Service Provider tries to provide links only to reputable websites or online partners, Service
Provider cannot accept responsibility or liability for the information provided on other websites.
Linked websites or pages are not under, nor subject to, the control of Service Provider. Service
Provider is not responsible for and gives no warranties or makes any representations in respect of the
privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3 You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the
content, the use or inability to use or access any linked website or any link (s) contained in a linked
website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the
result of the presence of such third party linked websites on the Website. Any dealings that you may
have with any linked websites, including advertisers, found on the Website, are solely between you
the third- party website.
4 Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary,
modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website
for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Website;
4.3 write and/or develop any derivative of the Website or any other software program based on the
Website;
4.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements
to the Website in breach of this clause, such modifications and enhancements shall be the property
of Service Provider.
4.5 without Service Provider’s prior written consent, provide, disclose, divulge or make available to or
permit the use of or give access to the website by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Website;
4.7 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
4.8 notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose
other than personal, non-commercial and information purposes.
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5 Security
5.1 In order to ensure the security and reliable operation of the services to all Service Provider’s users,
Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve
the security, integrity and reliability of its network and back-office applications.
5.2 You may not utilise the Website in any manner which may compromise the security of Service
Provider’s networks or tamper with the Website in any manner whatsoever, which shall include
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. Any person or entity which does so, or attempts to do so, shall be held criminally
liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by
Service Provider against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications
and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall,
notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/
or incurred by Service Provider and its affiliates, agents and/or partners.
6 Intellectual property rights
6.1 For the purpose of this clause, the following words shall have the following meanings ascribed to
them:
6.1.1 “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 Service Provider, now or
in the future, including without limitation, Service Provider’s 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.
6.2 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 the
property of, or are licensed to, Service Provider and as such are protected from infringement by local
and international legislation and treaties.
6.3 By submitting reviews, comments and/or any other content (other than your personal information)
to Service Provider for posting on the Website, you automatically grant Service Provider and its
affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce,
publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and
incorporate it in other works in any form, media, or technology now known or hereinafter developed,
for the full term of any copyright that may exist in such content. Subject to this licence, you retain any
and all rights that may exist in such content.
6.4 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.
6.5 Except with Service Provider’s express written permission, no proprietary material from this Website
may be copied or retransmitted.
6.6 Irrespective of the existence of copyright, the user acknowledges that Service Provider is 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 the user has no right, title or interest
in any such material.
6.7 Service Provider authorises you only to view, copy, temporarily download to a local drive and to print
the content of this Website, or any part thereof, provided that such content is used for personal
purposes and for information purposes only, and such content is used for non-commercial purposes.
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7 Risk, limitation of liability and indemnity
7.1 The user’s use of this website and the information contained on the website is entirely at the
user’s own risk and the user assumes full responsibility and risk of loss resulting from the use
thereof.
7.2 The transmission of information via the internet, including without limitation e-mail, is
susceptible to monitoring and interception, The user bears all risk of transmitting information
in this manner. Under no circumstances shall service provider be liable for any loss, harm or
damage suffered by the user as a result thereof. Service provider reserves the right to request
independent verification of any information transmitted via e-mail and the user consents to
such verification should service provider deem it necessary.
7.3 To the extent permissible by law:
7.3.1 Neither service provider, its affiliates, shareholders, agents, consultants or employees shall be
liable for any damages whatsoever, including without limitation any direct, indirect, special,
incidental, consequential or punitive damages, howsoever arising (whether in an action arising
out of contract, statute, delict or otherwise) related to the use of, or the inability to access or
use content of the website or any functionality thereof, or the information contained on the
website, or of any linked website, even if service provider knows or should reasonably have
known or is expressly advised thereof.
7.3.2 The liability of service provider for faulty execution of the website as well as all damages
suffered by the user, whether direct or indirect, as a result of the malfunction, within a
reasonable time and free of charge, provided that service provider is notified immediately of
the damage or faulty execution of the website. This liability shall fall away and be expressly
excluded if the user attempts to correct or allows third parties to correct or attempt to correct
the website without the prior written approval of service provider. However, in no event shall
service provider be liable to the user 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.
7.3.3 You hereby unconditionally and irrevocably indemnify service provider and agree to hold
service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered
or incurred by service provider or instituted against service provider as a direct or indirect
result of:
7.3.3.1 your use of the website;
7.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any
third party without the consent or knowledge of service provider;
7.3.3.3 your failure to comply with any of the terms or any other requirements which service provider
may impose from time to time;
7.3.3.4 the actions or requirements of any telecommunications authority or a supplier of
telecommunications services or software; or
7.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of service
provider.
7.4 Service provider makes no warranty or representation as to the availability, accuracy or
completeness of the content of the website. You expressly waive and renounce all your rights
of whatever nature that you may have against service provider for any LOSS suffered by you, as
a result of information supplied by service provider being incorrect, incomplete or inaccurate.
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8 Service provider privacy and cookie policy
8.1 This clause 8 provides details about our Privacy and Cookie Policy, which Policy forms part of these
Terms. Service Provider takes your privacy seriously and is committed to protecting your personal
information. We use the personal information that we collect from you in accordance with this
Privacy and Cookie Policy.
8.2 Personal information when used in this Policy means information that can identify you as an
individual or is capable of identifying you. By personal information we don’t mean general, statistical,
aggregated or anonymised information.
8.3 Your use of our services signifies your consent to us collecting and using your personal information as
specified below.
8.4 How we collect information about you
(provide description of different instances where personal information is collected, e.g. you may
provide personal information to us when communicating with us; if you enter a competition or
participate in a promotion, we will ask for your name, address and e-mail address and any other
relevant information about you, etc.)
8.5 How we use your information
(provide detail of purposes for which personal information is used, e.g. we may use your information
to confirm that your orders have been received; to validate you as a customer when using our
services and calling our [help desk]; to prevent and detect criminal activity, fraud and misuse of or
damage to our services or networks; to prosecute those responsible and to contact you to invite you
to form part of our consumer panel or various research groups, etc.)
8.6 How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose
attached to the information. Unless there is a specific legal requirement requiring us to keep your
information, however, we will not keep it for longer than necessary for the purpose for which the
information was collected or for which it is to be processed.
8.7 Disclosing your information to third parties
(provide detail of third parties to whom user’s personal information will be disclosed, e.g. we
may provide aggregate statistics about our sales, customers, traffic patterns and other website
information to third parties, but these statistics will not include any information that could
identify you.)
8.8 When and where do we use cookies?
(provide description of this process, e.g. we allocate cookies during the registration process for our
services. These cookies will hold information collected during your registration and will allow us to
recognise you as a customer and provide you with the services you require.)
8.9 How can you refuse or opt out of cookies?
(provide description of this process, e.g. most browsers are set by default to accept cookies
automatically, but usually you can alter the settings of your browser to prevent automatic acceptance
and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies
at all.)
8.10 How can you manage your privacy preferences?
(provide description of this process, e.g. if you’d like us to stop processing your information for
marketing purposes, please write to us at the address set out in clause 11 below.)
9 Confidentiality
9.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose
to any third- party information acquired in connection with any aspect of the products and/or
services offered by Service Provider. You shall notify Service Provider should you discover any loss or
unauthorised disclosure of the information.
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9.2 Any information or material sent to Service Provider will be deemed not to be confidential, unless
otherwise agreed in writing by the user and Service Provider.
10 Breach or cancellation by service provider
10.1 Service Provider is entitled without notice, in addition to any other remedy available to it at law or
under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user
use of the Website and services, or to claim specific performance of any obligation whether or not
the due date for performance has arrived, in either event without prejudice to Service Provider’s right
to claim damages, should any user:
10.1.1 breach any of these Terms;
10.1.2 in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
10.1.3 infringe any statute, regulation, ordinance or law.
10.2 Breach of these Terms entitles Service Provider to take legal action without prior notice to the user
and the user agrees to reimburse the costs associated with such legal action to Service Provider on
an attorney and own client scale.
11 Compliance with section 43(1) of ECT Act In compliance with section 43(1) of the ECT Act, the
following is noted: (Insert all of the relevant information set out below)
11.1 Full name:
11.2 Registration number:
11.3 Physical address:
11.4 Fax number:
11.5 Telephone number:
11.6 Website address: www.
11.7 E-mail address:
11.8 Names of office bearers:
11.9 Registered at: (Depending on the nature of the transactions to be carried out on the Website, the
following may also have to be included: a description of the products or services; a complaints and
disputes procedure; Service Provider’s policies; provision for the cooling-off period in section 44 of
ECTA; provision for the application of the National Credit Act 34 of 2005).
12 Compliance with laws You shall comply with all applicable laws, statues, ordinances and
regulations pertaining to your use of and access to this Website.
13 Notices
Except as explicitly stated otherwise, any notices shall be given by email to (insert email address) (in
the case of Service Provider) or to the e-mail address you have provided to Service Provider (in your
case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight)
hours after an email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return
receipt requested, to the address which you have provided to Service Provider. In such case, notice
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shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements,
notices or other communication required to be given in terms of the law or these Terms may be
given vie electronic means and that such communications shall be “in writing”. Notwithstanding
anything to the contrary, a written notice or communication actually received by a party shall be an
adequate written notice or communication to it, notwithstanding that it was not sent to or delivered
at its chosen address(es) for that purpose.
14 General clauses
14.1 These Terms shall be governed in all respects by the laws of the republic of South Africa as such laws
are applied to agreements entered into and to be performed within South Africa.
14.2 This Website is controlled, operated and administered by Service Provider from its offices within the
Republic of South Africa. Service Provider makes no representation that the content of the Website
is appropriate or available for use outside of South Africa. Access to the Website from territories or
countries where the content of the Website is illegal is prohibited. Users may not use this Website
in violation of South African export laws and regulations. If the user accesses this Website from
locations outside of South Africa, that user is responsible for compliance with all local laws.
14.3 Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as
operation of our website may be interfered with as a result of a number of factors which are outside
of our control.
14.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such
provision shall be struck out from these Terms and the remaining provisions shall be enforced to the
full extent of the law.
14.5 Service Provider’s failure to act with respect to a breach by you or others does not constitute a waiver
of our right to act with respect to subsequent or similar breaches.
14.6 You will not be entitled to cede your rights or assign your rights or delegate your obligations in terms
of these Terms to any third party without the prior written consent of Service Provider.
14.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like
not recorded herein, whether it induced the contract and/or whether it was negligent or not.
14.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall
not affect the interpretation of any of the provisions to which they relate.
14.9 Words importing the singular shall include the plural and vice versa, and words importing the
masculine gender shall include females and words importing persons shall include partnerships and
corporate and unincorporated entities.
14.10 These Terms set forth the entire understanding and agreement between Service Provider and you
with respect to the subject matter hereof.