You understand and agree that you have had an opportunity to read and understand these Terms as they relate to the Sale of Products offered on the Site. You will need to click the “I Accept” box attached to these Terms, which will then be binding on you. If there is any provision in the Terms that you do not understand, please email email@example.com to contact us.
If you do not agree with any of these Terms you will not be able to purchase Products.
Please note that in terms of the Consumer Protection Act 68 of 2008 (“CPA”) there are clauses in these Terms that require your careful attention and consideration and you should ensure that you fully understand what they mean. These clauses may limit your rights, make you liable, require you to indemnify a third party or confirm facts. To assist you and to specifically draw your attention to these clauses, these terms appear in bold font. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or us in Terms of the CPA.
DEFINITIONS AND INTERPRETATION
In these Terms:
“Affiliate” means any person or entity that directly or indirectly controls, is controlled by, or is under common control with the relevant party of this Terms. For purposes hereof, the term “control” means the power to direct the management or affairs of a person or entity through the ownership of voting securities, by contract, or otherwise;
“Business Day” means any day, other than a Saturday, Sunday or public holiday in the Republic of South Africa;
“Content” means any information, text, graphics, photos and other materials uploaded, downloaded or appearing on the Site and is encountered as part of your experience using the Site;
“Delivery” means physical delivery of the Product by The Prepaid Company (or its Third party Provider) on the date recorded in the Delivery Note;
“Delivery Note” means the Delivery Note as contemplated in these Terms of Service;
“Prime Lending Rate” means the prime rate of interest as quoted by Investec Bank Limited to its clients from time to time;
“Product/s” means the product/s listed on our Sites from time to time;
“Sale” means the sale to You by The Prepaid Company of the Products/s and receipt by The Prepaid Company of the corresponding payment of the purchase price from You; and the terms “Sell” and “Sold” shall bear the corresponding meaning;
“Site/s” means the websites, apps and other platforms owned and operated by the The Prepaid Company and its Affiliates from time to time;
“The Prepaid Company/ we/ our/ us” means the distributor of the Products, with whom you are engaging to purchase Products;
“The Prepaid Company” means The Prepaid Company Proprietary Limited, (Registration no. 1999/016716/07), a company duly registered in the Republic of South Africa, with its business address at 75 Grayston Drive, Morningside Ext 5, Sandton 2196 and any of its Affiliates from time to time;
“Third Party Providers” means any third party suppliers and/or service providers which The Prepaid Company has contracted with to assist it in carrying on its business operations;
“User/you/your” means you as the user of the Site and/or purchaser and/or hirer of the Products.
Words importing any one gender shall include the other gender; the singular shall include the plural and the other way around; a reference to natural persons shall include created entities and the other way around.
When any number of calendar days is prescribed in these Terms, that number of days shall be reckoned exclusively of the first and inclusively of the last day.
The expiration or termination of these Terms will not affect any provisions which provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination.
The Prepaid Company owns and operates the Sites through which it offers Products for Sale to Users within the Republic of South Africa.
The Products are not available for persons under the age of 18.
A description of each of the Product/s can be found on the Sites.
All Products displayed on the Sites are subject to availability and will be delivered based on the Delivery method chosen by you in respect of the Sale of the Products.
Products offered on the Sites for Sale are for domestic and private use only. You agree not to purchase or use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss (direct or indirect), loss of profit, loss of business, business interruption, or loss of business opportunity.
We reserve the right to discontinue or change the Products on offer from time to time without notice. We will inform you as soon as possible if any Products ordered by you are not available.
We shall not be bound by any incorrect information regarding the Products displayed on any third-party websites.
THE AGREEMENT (TERMS)
These Terms govern your registration, application and Sale of Products on the Sites.
You understand and acknowledge that the Sale of Products offered on the Sites and all actions related thereto and recorded and agreed to in the process of registration, application, Product selection, placing an order and payment will be binding on you and shall be incorporated by reference into these Terms. You acknowledge and agree that you have read and understand the provisions and information appearing on the Sites and any links therefrom accordingly.
You further acknowledge and understand that the conclusion of any required documentation and / or Terms or consent to any provisions or action to be taken takes place in an electronic format via the Sites and that tick boxes which are ticked by you constitute terms to the document and/or provisions to which such tick box relates. No further physical signature or documentation will be required in order for Terms to be reached.
USE OF THE SITES
You must provide us with the relevant details required for the Sale of Products. Our Site will guide you through the steps you need to take to do so.
You must be at least 18 years of age to purchase Products.
When you complete the information required on the Site in respect of the Sale of Products this constitutes your acceptance of the Terms and to be bound by our Terms and we may use your personal information for all purposes related to the use of our Site and Sale of the Products.
Regarding the Sale of Product/s:
you will be required to provide certain personal information. You may also be required to provide a unique username and password. You may need to use your unique username and password every time you wish to access a Site to Purchase Products;
you will be required to provide payment information (Payment Information) which is used to facilitate payment with third party payment processors;
We are not responsible to verify any information provided by You to us with regards to the Sale of Products and you understand and agree that we are entitled to rely on the correctness of the information given by You to us and hereby indemnify us accordingly. Even though we are not obliged to, you hereby agree and consent, as and if we deem it necessary, to us taking such steps to verify whether, in conducting a Sale, you have provided us with complete and accurate information about yourself and your payment information.
We may store the information that you give us and prepopulate your future interactions and applications in respect of the Sale of Product/s from us based on the details provided but we do not warrant the correctness thereof and you must check your personal details each time you purchase Products and, where necessary, correct them.
You will be liable for payment for Product/s, unless the order is cancelled by you in accordance with these Terms.
Where applicable, you will use your username and password for your personal use only and will not disclose it to any third party.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information, immediately if it occurs. If you do not do so, we may terminate these Terms.
To amend any of your details, please follow the prompts on the Sites.
You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your personal information and/ or payment information.
SALE OF PRODUCTS
The advertising and promotion of Products on a Site is merely an invitation by us to you to make an offer to purchase.
Our Sites will guide you through the steps you need to take to purchase Products. All provisions and annotations contained in that prompted process shall form part of these Terms
and shall be incorporated as part thereof so please read and check each page of the order process carefully.
You must place your order by indicating which Products you wish to add to your basket before proceeding to check out.
We will send you an order confirmation once you have paid the purchase Price.
The Prepaid Company will indicate the acceptance of your order by Delivering the Product/s to you and only at that point will the Sale become effective. This is regardless of any communication from The Prepaid Company stating that your order or payment has been confirmed. The Prepaid Company will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Placing Products in your basket without completing the purchase cycle is not deemed as a complete order and as such Products may be removed from the basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold us liable if such Products are no longer available or are not available at the particular purchase price when you complete or attempt to complete the purchase cycle at a later stage.
If we are unable to supply you with a Product, we will inform you as soon as reasonably possible and we will not process your order. We may give you the option of changing the order for an alternative available substitute Product. You may select the alternative Product or elect to cancel the order. If you have already paid for the Product and choose alternatives which differ in purchase Price, we will make the necessary adjustments to the purchase Price payable by crediting the same account from which payment was made, alternatively if you choose to cancel the order, we will refund you the full amount paid by you in respect of that cancelled order. We regret that no order will be accepted if we identify a material error in the description of any Products or their prices on a Site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same Delivery address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Although we have made every effort to explain and display the Products accurately, we are not responsible for any differences in the Products and you will not have any claim against us for any
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Sites. However, should there be any errors of whatsoever nature (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any
such error, save, in the case of any incorrect purchase price, to the extent of refunding you for any amount already paid.
By placing an order for Products, you agree that we may deliver confirmation and further information to you, telephonically, by e-mail or SMS using the contact information you provided in the purchase process.
You hereby agree that we may send you telephonic, electronic and non-electronic communications relating to our Services, your orders and/or the Products from time to time.
PURCHASE PRICE IN RESPECT OF THE SALE OF PRODUCTS
The purchase price (“Price”) of the Products is indicated on our Site and includes value added tax (“VAT”) at the applicable current rate chargeable in South Africa for the time being.
All Prices shown on our Sites are quoted in South African Rands and are valid and effective only in South Africa.
The Prices of Products reflected on the Sites are subject to availability. Prices may change on a daily basis.
In addition to the Price, you may be charged a Delivery fee.
The Price and the Delivery fee will be payable by you to us for the Products.
The Price is indicated during the check-out process, before you confirm your order. The Price will be payable upon checkout.
PAYMENT FOR PRODUCTS PURCHASED
Payment for your Products will be made in advance before your order is confirmed and Delivery is arranged.
You may make payment of the Price by selecting one of the payment methods available as part of the check-out process.
Once you have selected your payment method, you will be directed to the selected mechanism on the steps required to make payment as required by the relevant payment processor. Please follow the instructions carefully.
Where you choose to make payment via Visa or MasterCard:
Our bank account details will be provided on the order confirmation at checkout.
We may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold Delivery until such time as the additional information and authorisation is received by us. If we do not receive authorisation for payment of the Purchase Price your order for the Products will be cancelled.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. You also warrant that your credit card has sufficient available funds to cover the Purchase Price.
We are committed to providing secure online payment facilities and take all reasonable steps to secure and protect your payment information.
All Card based transactions are acquired for us via Transaction Junction, which is an approved payment gateway for all South African Acquiring Banks. Transaction Junction uses the strictest form of encryption, namely 3D Secure and no card details are stored on the Site. You may go to https://transactionjunction.co.za/ to view their security certificate and security policy.
When you place your order and proceed to check out, you will be required to share your payment information.
Your payment information will need to be uploaded each time you purchase a new Product.
We do not store your payment information.
By sharing your payment information, you are consenting to the processor and the acquiring bank having access thereto and use thereof in order to process payment to us.
By submitting your order, identity number and payment card details you warrant that you are fully authorised to use your chosen payment method and that we will not be liable for any incorrect details given by You to Us. You also warrant that you have sufficient available funds to cover all costs incurred as a result of your purchase on the Site and any costs associated with collecting payments.
If a payment does not reflect within 24 (twenty-four) hours after the sale of the Product, the sale will be cancelled, and you will need to visit the Site again to Purchase a Product.
Delivery will be effected by one of our Third Party Providers.
Delivery fees (if any) will be made available on checkout and included in the purchase price.
The person accepting the Delivery must be capable of proving that he or she is 18 years of age or older and can provide a valid form of government issued identification at the time of Delivery, if required.
The obligation to deliver Products to you is fulfilled when the Delivery of the Products is made pursuant to the Delivery method chosen by you. We are entitled to rely on the physical address you give to us and we are not responsible for any loss or unauthorised use of the Products, after they have been delivered and the Delivery Note had been signed to such address.
Standard delivery option – Standard delivery option will take 2-3 working days to be delivered.
Next day delivery option- Any orders placed before 13h00 (Except weekends & public holidays) will be delivered the next day. Any orders placed after 13h00 (Except weekends & public holidays) will be delivered in 2days from receiving the order.
You understand and agree that we will share your relevant personal information and Delivery details with the relevant Third Party Providers.
Delivery times are an estimate only and The Prepaid Company will not be bound by such times, although it will use its best endeavours to adhere thereto.
It is your duty to inspect the Product/s upon Delivery. You agree to sign the Delivery Note upon Delivery and, by signing the Delivery Note, you confirm that you have inspected the Product/s and that the Product is what you ordered.
If you are not available on the date of Delivery, please ensure that someone you know and trust can take Delivery for you and can indicate the area at which the Product/s must be installed. We will not be liable to you or any other person for any damage caused or loss sustained by virtue of delivery of the Product/s.
Please refer to our Returns Policy for more information about returning Product/s (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference, meaning that it forms part of these Terms.
RISK AND OWNERSHIP
All risk and ownership in and to the Product/s Sold to you shall pass to you on Delivery thereof.
All Products carry a 6 (six) month standard manufacturer’s warranty. During this period, should you discover that the Product is damaged or defective (“Faulty”), you shall be entitled to return the Product to The Prepaid Company at The Prepaid Company’s expense. We will inspect the Product and where it is found to be Faulty, we will replace the Product at our cost and within a period of 21 (twenty one) days.
To the maximum extent applicable in law, The Prepaid Company hereby disclaims all representations and warranties, express or implied, as to the quality, merchantability and fitness for a particular purpose of any Product/s.
The Product Warranty does not extend to situations where damage is caused intentionally or negligently by you or any other person and The Prepaid Company will not be required to replace the Product in such circumstances.
The Product Warranty falls away in circumstances where you tamper, or allow any other person, to tamper with, repair, alter, modify, adjust or service the Product and/or where you do not maintain the Product in accordance with the specifications as provided to you upon Delivery and/or where you do not adhere to the terms and conditions of the maintenance services, if applicable.
The following will NOT be regarded as a Faulty Product and will not entitle You to a return:
faults resulting from normal wear and tear;
the Product has reached its vaping capacity;
damage arising from negligence, user abuse or incorrect usage of the Product/s;
damage arising from electrical surges or sea air corrosion;
damage arising from unauthorized alterations to the Product/s;
damage arising from the failure to adequately care for the Product/s; and
where the specifications of a Product, although accurately described on the Sites and generally fit for purpose, do not suit you.
You hereby agree that all orders and any other communications which purport to originate from you and which are sent to us electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given in the form actually received by us. You will be bound by such communication with no liability of whatever nature attaching to us in regard thereto.
You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your orders or communications, or orders or communications that purport to come from you and you indemnify us against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to come from you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an Event Outside our Control, as explained in this clause.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under an order, we will contact you as soon as reasonably possible to notify
you, and our obligations under any order will be suspended for as long as the Event Outside Our Control lasts. Where the Event Outside Our Control affects our Delivery of Products to you, we will arrange a new Delivery date with you after the Event Outside Our Control is over.
You may cancel an order affected by an Event Outside Our Control.
COOLING OFF RIGHTS AND CANCELLATION
This is an electronic agreement for purposes of the Electronic Communications and Transactions Act (“ECTA”). This means that you may cancel a Sale within 7 (seven) days, provided that the Product has not yet been opened.
For further information you can contact our Customer Service Support at firstname.lastname@example.org.
DATA PROTECTION AND PRIVACY
we may share your personal information with our Affiliates, Third Party Providers, strategic partners and/ or the relevant payment processor for any purpose related to or in connection with these Terms;
The Prepaid Company may, from time to time, send you advertising material and information, including but not limited to special offers by e-mail, via SMS, WAP Push, newsletters, telephonically, or through other promotional offers.
The contact details you have given to us in relation to the Sale of Product/s will be regarded for all purposes as the legal address where, legal and other notices and statements can be delivered to you (“Notice Address”).
Your contact details include cellular phone number, physical address, and email address.
You may change your contact details on the Sites by following the prompts at your profile tab.
We choose the following address as Our address for all notices, including, legal notices: 75 Grayston Drive, Morningside Ext 5, Sandton 2196.
Any communications in connection with these Terms must be sent via email to the email addresses referred to in this clause 17. For delivery of legal process you must use our physical address set out in this clause 17. We will serve legal process to you at the physical address
you have given us when you Purchase Products and other communications via email to the email address you have given to us when purchasing Products.
Any notice or communication required or permitted to be given in respect of the provisions of this Terms will be valid and effective if sent to your Notice Address.
Any notice sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting; or sent by ordinary mail will be deemed to have been received on the 7th (seventh) Business Day after posting; or delivered by hand will be deemed to have been received on the day of Delivery; or sent by email will be deemed to have been received on the 1st (first) Business Day after the date it was sent.
A written notice or communication which is actually received by you will be an adequate written notice or communication to you.
DISCLAIMER AND INDEMNITY
You understand and agree that the Sites provide an online platform for the provision of the Product/s. We are not responsible for:
your choice of a Product; and/or
any aspect of the use of the Product/s.
You use our Sites at your own risk and you assume full responsibility for any risk or loss resulting from the use of a Site or reliance on any information on a Site.
We shall not be liable to You or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.
To the extent allowed by the law, you agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all loss, liability, claim, costs, charges, damages and outgoings of every description (including legal costs and expenses), compensation payable under contracts, loss of normal operating profits, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigation, interest and penalties, which may be suffered and/ or incurred by you or a third party arising out of or in connection with:
Your use of, or reliance upon a Site;
Your inability to use a Site;
unlawful activity on the Site and/or any linked third-party application or website;
any act, neglect or default of yours in connection with these Terms or your use of a Site and/or the Product/s;
your breach of these Terms;
your failure to comply with any law.
HOW TO RESOLVE DISPUTES WITH US
These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
We offer the following process to help you resolve a complaint or dispute you may have with us.
Any queries or complaints in relation to our Sites, Services and/or Products can be submitted to us by contacting us using the information provided under “Contact Us” on our Sites or by contacting us at email@example.com.
Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any relevant authority, court or other dispute resolution body, or refer the matter to arbitration.
Please direct all legal disputes to firstname.lastname@example.org. Your complaint should include the following:
your name and surname;
the date on which the complaint arose;
a brief description of what gave rise to the complaint;
the amount in dispute (if applicable); and
supporting information or documentation, if any.
You must please ensure that you receive a reference number for complaint as well as a formal acknowledgment notification.
In the event of any dispute which remains unresolved, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg), having jurisdiction, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in Terms of the CPA
These Terms constitute the sole record of the Terms between you and us in relation to the subject matter hereof.
If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it.
shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
No indulgence, leniency, relaxation, waiver or extension of time which we may grant you, in the event of claims and/or disputes arising, will in any way whatsoever prejudice us or preclude us from exercising our rights in Terms of these Terms and neither will it constitute a waiver or limitation of any of our rights.
In the event that you commit any breach of the Terms or in the event that we are required to take any legal action, you agree and undertake to pay our legal costs as between attorney and own client.
We shall be entitled to cede, assign and delegate all or any of our rights and obligations in Terms of these Terms without further notice to you.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
While we have in the drafting of these Terms used our best endeavours in order to comply with all applicable laws, to the extent that these Terms may require amendment in order to comply with any particular law, you hereby agree to such amendment which will be posted on the Sites.
[last updated: 7 June 2023]
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