Terms and Conditions
This template is intended to assist you to draft your own Terms and Conditions page. Netcash does not provide legal advice and it is up to you to ensure that all your legal agreements comply with South African law. We highly recommend that you consult an attorney. Netcash will not be responsible for any damage that you suffer or any third party suffers relating to this template.
It is up to you to replace the words in brackets which look like this [insert words here] with the right information. Do not publish this notice without replacing all the [words in brackets].
Please delete this notice once you are finished replacing all the [words in brackets].
NB: This terms of this Payment and Shipping Information form part of the [company name]’s (‘we’ or ‘us’) terms and conditions.
Contents
1 Who we are
2 Acceptance of these Terms and Conditions
3 Registration on the Website and Security
4 Conclusion of Sales
5 Availability of stock
6 Payment and Shipping
7 Errors
8 Conditions relating to specific goods
9 Children
10 Electronic communications
11 Ownership and copyright
12 Social media and Content
13 Disclaimer and Limitation of Liability
14 Website Availability
15 Privacy Notice
16 Warranties
17 Termination
18 Governing Law
19 Notices
20 Complaints
21 General
IMPORTANT TERMS
In terms of s49 of the Consumer Protection Act no. 68 of 2008 these terms:
• Limit our liability, (clause 13)
• Can create liability for you the user, (clauses 12)
• Can compel you to indemnify us in some cases, (clause 11)
• Acknowledge facts (clause 10, 13, 14, 15)
Please read these terms and conditions carefully.
1 Who we are
• Full name: [company name] (‘we’ or ‘us)
• Registration number: [company registration number]
• Physical address: [physical address]
• Postal address: [postal address]
• Directors: [Director initial and surname]
• Phone number: [phone number]
• Email address: [email address]
• Information Officer: [name of person registered as Information Officer with Information Regulator]
• Deputy Information Officer: [name of person for Deputy Information Officer (if applicable)]
• PAIA manual: [hyperlink to PAIA manual]
2 Acceptance of these Terms and Conditions
All purchases and interactions with this website [website URL] are governed by these Terms and Conditions. These Terms and Conditions apply to all users to register online (by clicking ‘register now’) so please read them carefully.
As laws and circumstances change we will update these Terms and Conditions. Our agreement with you, our customer, will be governed by the Terms and Conditions that existed at the time of each transaction.
3 Registration on the Website and Security
You can only buy goods if you are registered on the Website. You must use a unique username and password to register and you agree not to provide these details to anyone else.
You agree that we can rely on any instruction using your username and password – even if there has been fraud involved – unless you let us know that there was a problem (a security breach).
Please tell us IMMEDIATELY if you have any reason to suspect that your security (including your username and password, but also your cell phone or email address etc) has been breached. You can do this by contacting us using the information in clause 1 above.
You agree not to use any device or software to interfere with the security of the website.
4 Conclusion of Sales
Only registered users can place orders which can be rejected by us. Our acceptance of your order only comes into effect when the goods are delivered to you and not before. If – for any reason – the goods are not delivered then the agreement does not come into effect and we will refund you any payment you have already made as soon as we can.
You can cancel the transaction at any time up until you receive the goods (i.e. they are delivered to the address you chose).
5 Availability of stock
We make reasonable efforts to monitor and maintain accurate stock levels, but it is possible that we will no longer have the goods that you ordered. If this happens then we will let you know as soon as we can and we will refund any money you have paid.
6 Payment and Shipping
We have created a policy on Payment and Shipping which is available here [insert URL]. Please read it carefully.
7 Errors
While we do our best to avoid making errors, sometimes they happen despite our best efforts. This is what happens depending on the type of error:
7.1 Error in price
We will not be liable for any error in the price of the goods except to the extent of refunding any amount you have already paid. Please remember that our agreement is only concluded when the goods are delivered to you.
7.2 In service
[remove if no service is provided]
We will not be liable for any errors in the service delivered, unless that error was the result of gross negligence. If the error was a result of gross negligence then we will be liable to the extent set out in the limitation of liability clause below.
7.3 In goods
[remove if no goods are sold]
We will not be liable for any errors in the goods unless they are the result of gross negligence by us and then we will be liable to the extent set out in the limitation of liability clause below.
8 Conditions relating to specific goods
[remove any section which do not apply to you]
8.1 Liquor
Any liquor we sell must comply with our liquor licence and must be accepted by an adult at your delivery address. If there is no adult at the delivery address then we will keep the goods and try to deliver them again, provided that we will stop trying to deliver them after three attempts.
8.2 Adult gifts
Only adults can purchase and receive adult goods. If there is no adult at the delivery address then we will keep the goods and try to deliver them again, provided that we will stop trying to deliver them after three attempts.
8.3 eBooks
eBooks are delivered electronically and so there is no delivery charge. eBooks may be subject to restrictions as to the number of devices or users that can read the book. Please read the terms of the eBook before you buy it.
8.4 Televisions
We can only sell televisions to customers who have a valid television licence. If your television licence is invalid then we cannot sell the television. If we discover that you do not have a television licence before the television is delivered then we will cancel the sale. If we discover that you do not have a television licence after delivery then you agree to pay for a television licence and provide proof that you have a television licence to us within 14 days of us requesting it from you.
8.5 Online courses
Online courses allow you to learn at a distance using the Internet. Online courses are delivered online and there is no physical content that is provided to you. You normally will receive a digital certificate once the course is finalised. You must have a good connection to the Internet to for online courses.
9 Children
This website is not designed to be used by children.
We [may] [do not] collect information about children in order to fulfil your order but we do not use the personal information of children in any way other than to deliver the correct goods to you.
10 Electronic communications
We prefer sending and receiving electronic communications so please contact us using the website or by means of email. All electronic communications like this are considered to be ‘in writing’ in terms of the Electronic Communications and Transactions Act no. 25 of 2002 (ECT Act). Any order you make using your username and password are also considered to be ‘signed’ by an electronic signature in terms of the ECT Act.
11 Ownership and copyright
The contents of the Website (this includes images, text, data, trade marks etc) are protected by copyright and either belong to us or to third party advertisers. You do not acquire any rights to the Website content and you agree not to reproduce, distribute, broadcast or adapt the content except with our specific written permission. You can ask us for permission by using our contact details in clause 1 above.
Where we sell the right to access content (such as in eBooks or online courses) this only entitles you to have a non-exclusive licence to access the content for personal use (i.e. non-commercial use) and according to any end-user terms and conditions that may apply to that service or good.
12 Social media and Content
You agree not to submit any content or information which is defamatory, offensive, contains or amounts to hate speech, breaches our or a third parties intellectual property rights or is illegal. You also indemnify us from any damages we may suffer if you breach this clause. If you are unsure whether you are allowed to submit the content then please ask us first!
Provided the comments and truthful and fair you can post both negative and positive comments about us and our goods and services on social media. If you have a criticism or you are unhappy with our goods or services we would really appreciate it if you would give us a chance to sort out the problem before you post anything on social media. We reserve the right to reply to any comments you make on social media.
13 Disclaimer and Limitation of Liability
We will not be liable for any indirect, incidental, special or consequential loss which you or your agents or employees suffer as a result of the goods or services, unless otherwise provided by law.
Unless it was done deliberately or as a result of gross negligence, we will not be liable for hacking / breach of security that you suffer which includes the use by a third part of ransomware, spyware and other destructive computer code.
Where you suffered a direct loss as a result of our goods or services and provided we were grossly negligent or intentionally caused the damage, we will only be liable for the damages up to an amount of [RXXXX].
14 Website Availability
While we try to make the website available all the time we may be forced to suspend it for a number of reasons including scheduled maintenance, responding to security breaches and due to other circumstances beyond our control (like electricity blackouts or Internet problems). We make no warranty that the Website will be constantly available and we reserve the right to suspend the Website - without notice to you - at any point and at our sole discretion.
In addition, we may suspend your access to the Website if you breach these terms and conditions or if you are reasonably suspected of breaching these terms and conditions. If we do this we will provide written notice to you that we have done this and the reason for your suspension.
15 Privacy Notice
In terms of the Protection of Personal Information Act no. 4 of 2013 we are governed by our Privacy Notice which is available at [insert Privacy Notice URL]. Please read this carefully to know what your rights and our obligations are regarding your personal information.
16 Warranties
Any warranty that we make regarding the goods and services is generally attached to that specific good or service on the Website. Aside from those warranties and any warranties that are mandated by the Consumer Protection Act no. 68 of 2008 (see Part H (sections 53 to 61) of the Consumer Protection Act) we make no additional warranties regarding the goods or services.
In particular we have instructed our employees not to provide any oral (on the telephone or in person) warranties and to rather provide all warranties in writing. If you require a warranty for a particular good or service, please ask our agent or employee to put it in writing and send it to you for it to be binding on us.
17 Termination
[Change as required]
17.1 No fault termination
Either of us can terminate this agreement by providing the other party with 30 calendar days’ notice to the other.
17.2 Termination due to breach
Either of us can terminate this agreement with 5 calendar days’ written notice if the other party breached these Terms and Conditions.
17.3 Effect of termination
Even if this agreement is terminated, the clauses of this agreement will apply to any transaction which was concluded before this agreement was terminated. In addition, there will be some clauses, such as intellectual property and privacy policy, that will remain in force even after this agreement has been terminated.
18 Governing Law
This Website and our products and services are governed by the laws of South Africa.
19 Notices
We choose the contact details contained in clause 1 for the delivery of all complaints as well as for all legal processes (legal documents). We can change this address at any time by giving you 7 days written notice that we are changing the details in clause 1.
You agree that we can rely on the contact details you provided when registering on the Website for the delivery of any legal documents, unless you inform us of a new address or contact details in writing.
We are both deemed to receive documents:
• If sent by post or registered post, 10 days after the date of posting,
• If sent by registered email, on the date on which the email certificate indicates delivery was made,
• If sent by normal email, a day after the email was sent,
• If delivered by hand, on the day following the delivery.
20 Complaints
[Note that most businesses would be obliged to register with the Consumer Goods and Services Ombud. Please remove this section if it does not apply to your business]
We are a participant under the Consumer Goods and Services Industry Code and we are bound by it. You can access the Code at http://www.cgso.org.za/downloads/. If you have a complaint please contact us first using the details in clause 1. If we do not resolve your complaint in 15 business days then you can approach the Consumer Goods and Services Ombud to assist you to resolve the dispute. Their details are:
• Address: 292 Surrey Avenue, Ferndale, Randburg, RSA
• Email: info@cgso.org.za
• Telephone: +27 (0) 11 781-2607
• (Shared Call) 0860 000 272
21 General
Some general points:
• You cannot cede or assign (give away) your rights and obligations in terms of these Terms and Conditions;
• If we or you do not enforce a right, that does not mean that right is waived;
• If any of the terms in these terms and conditions is declared invalid or illegal then the remaining terms will still apply, provided that the commercial purpose of the terms remains;
• Any amendment of this agreement must be in writing and accepted by both parties;
• Neither of us will be responsible for any failure to act or to comply with a provision of these Terms and Conditions or the terms of a particular transaction if either of us is prevented from complying by an act beyond our reasonable control (otherwise known as ‘force majeure’). This includes events like strikes, riots, earthquakes as well as other events like lockdowns due to a pandemic or changes to laws which affect our relationship or a particular transaction. If this type of event happens then neither party will be liable to the other for any damages the one may suffer due to force majeure.
