WEBSITE TERMS AND CONDITIONS
1.1 Welcome to our website, www.sp-africa.com (“the Website”). The Website is owned by Selian Agencies C.C. and associate companies (“S&P”). The Website is located in the Republic of South Africa.
1.2 This document sets out the terms and conditions (“Terms and Conditions”) applicable to your access and use of the website. It includes the access and use of e-commerce and any promotional/giveaway/competition areas and or sites related to S&P. Please read these Terms and Conditions carefully as in terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 and the common law of contract, these Terms and Conditions are valid, binding and enforceable against all persons that access the Website, web pages or any part thereof. If you do not agree to be bound by these terms and conditions then you must cease your use or access of or to the Website in any manner whatsoever.
1.3 By using our website it is deemed that you accept these terms and conditions.
1.4 We reserve the right to revise and amend the Terms and Conditions at any time. All amendments to the Terms and Conditions will be uploaded to the Website. You are advised to review the Terms and Conditions from time to time to ensure that you are up to date with any amendments.
- INTERPRETATION AND DEFINITIONS
2.1 Clause headings shall not be used in the interpretation of these Terms and Conditions.
2.2 Unless the context clearly indicates the contrary intention, words importing the singular number shall include the plural and vice versa, and words importing any gender shall include the other genders, and words importing persons shall include corporate bodies and vice versa.
2.3 Time periods expressed in terms of days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
2.4 If any definition contains a provision having substantive effect, it shall be given effect to as such.
2.5 The following expressions shall have the meanings set out against them:
(a) “Data Message” shall mean a data message as defined in the Electronic Communications Act 25 of 2002;
(b) Personal Information” means personal information as defined in the Promotion of Access to Information Act 2 of 2000;
(c) “S&P” means Selian Agencies C.C. and any division and/or subsidiary/ affiliate of S&P;
(d) “Terms and Conditions” means these terms and conditions apply to your access and/or use of the Website;
(e) “User” means all individuals, whether natural or juristic accessing the website for any reason whatsoever;
(f) “Website” means the mobile web based portal www.sp-africa.com including any subdomain of such website;
(g) “You/Your” means all individuals, whether natural or juristic accessing the website for any reason whatsoever.
- USE OF THE WEBISTE
3.1 Whilst S&P makes every effort to ensure that the information provided on the Website is up to date and accurate, you may not assume that the information is up to date and accurate and Your use of or reliance on information provided on the Website, whether by S&P or other third parties, is at Your own risk.
3.2 You agree that Your use of the Website is for lawful purposes only and that You will not, without limiting the generality of the aforegoing statement, use the Website:
(a) for any unlawful purpose;
(b) to transmit, distribute, store or destroy material in violation of any applicable law or regulation;
(c) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others;
(d) in a manner that will violate the privacy or other personal rights of others;
(e) for the transmission of unlawful material;
(f) to gain unauthorised access to other computer systems.
3.3 In addition to the aforegoing, the following conduct is prohibited in respect of the Website:
(a) Using any robot, spider, other automatic device and/or manual process to:
(1) monitor or copy any part of the Website;
(2) generate automated postings and/or spam;
(3) interfere or attempt to interfere with the proper working of the Website.
(b) Taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
(c) Accessing the Website by any means other than through the interface that is provided by S&P or attempting to access the Website without first logging in through the Website log-in page (if applicable).
(d) Reverse assembling or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(e) Attempting to access any area of the Website to which access is not authorised.
- ELECTRONIC COMMUNICATIONS
By using this Website or communicating with S&P by electronic means You consent and acknowledge that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications shall be “in writing”.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 of 2002
5.1 The User agrees to be bound to these terms and conditions and the parties agree that such agreement is concluded in Germiston (South Africa) at the time the User enters the Website for the first time.
5.2 No information or data on the Website shall constitute an offer to do business, but is an invitation to do business.
5.3 No email communication shall be deemed to have been received by S&P until a response has been issued by S&P acknowledging receipt thereof. An automatically generated response from S&P shall not fulfill this requirement.
5.4 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and S&P.
5.5 The User agrees and warrants to S&P that any Data Messages that are sent to S&P from a computer, IP address or mobile device ordinarily used by or owned by the User, was sent and/or authorised to be sent by the User.
6.1 The Website may provide links to other websites for Your convenience. Such links must not be construed to constitute any relationship or endorsement of the linked third party. Use of the linked third party website and information or content set out therein is done at Your own risk and S&P shall not be held responsible, whether directly or indirectly, in any way for the contents, use or inability to use or access any linked websites or any links contained in a linked website.
6.2 S&P may provide links to other websites for Your convenience or contact details. You acknowledge that any use of this information is done at Your own risk and S&P is not responsible, whether directly or indirectly, in any way for the outcomes of any interactions You may have as a result of Your use of this information.
6.3 Any third party that would like to link their website to the Website must obtain prior written permission from S&P by sending such request to email@example.com who shall have the sole discretion to determine whether or not to approve the link and if so on what terms and conditions.
7.1 We respect Your privacy. You may be entitled to access or view parts of the Website without providing any personal information. Please note that we do collect certain non-personal information on Your use of the Website in order to inter alia collect aggregated data and assess the popularity of the Website and how we can improve the Website for our Users.
7.2 Access to or viewing of particular parts of the Website will not be possible without providing certain personal information. S&P shall take all reasonable steps to protect the personal information of Users and shall comply with the provisions of the Protection of Personal Information Act 4 of 2013. Personal information shall be defined as set out in the Promotion of Access to Information Act 2 of 2000.
7.4 S&P may collect (whether electronically or submitted to us by You), store and use inter alia the following personal information of such User for the purposes set out in clause 7.5 below:
(a) Name and surname;
(b) area code;
(c) street address;
(d) postal address;
(f) contact numbers;
(g) non-personal browsing habits and click patterns;
(h) email address; and/or
(i) IP address.
7.5 S&P collects, stores and processes the information set out in clause 7.4 above for inter alia the following purposes:
(a) Communication with You as requested;
(b) providing requested services to You;
(c) authenticating You if required;
(d) providing You with access to restricted pages on the Website, if applicable; and
(e) compiling non-personal statistical information about browsing habits, click patterns and access to the Website.
(f) providing non-personal statistical information about users financial requirements and state of finance readiness;
(g) providing personal information to third parties.
7.6 S&P may collect (whether electronically or submitted to us by You), store and use any information supplied by You during the course of Your use of the Website. Such information may be personal information as set out above or relating to your business, company or other legal entity. S&P may collect, store, use and process (including sharing with third parties if applicable) such information in accordance with the provisions of the Protection of Personal Information Act 4 of 2013 and any other applicable legislation in the Republic of South Africa. You warrant that You are authorised to provide us with any information You may supply to us and hereby consent to S&P’s processing and any further processing of such personal information.
- COPYRIGHT AND INTELLECTIAL PROPERTY RIGHTS
8.1 All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to S&P and are protected from infringement by domestic and international legislation and treaties. All rights in and/or to the content of the Website are reserved and retained by the owners of such rights.
8.2 Users of this website are granted a limited license for general use, granting the User, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, use, download and otherwise copy the current and future content of the Website for personal, non-commercial and informational purposes only.
9.1 If access to any portion of the Website requires a login and Your details, all reasonable steps will be taken to secure Your personal information. You undertake not to divulge your user name and password to any other person.
9.2 Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
(a) Accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
(d) sending and/or posting unsolicited email, including promotions; advertising content and/or advertising of products or services;
(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
(f) deleting or revising any material posted by any other person or entity;
(g) using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
9.3 Violations of system or network security may result in civil and/or criminal liability.
- Registration and use of the website
- You may order Goods on the Website as a registered user or without registering.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to S&P. You will need to use your unique username and password to access the Website.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever accessing your user profile failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered where using the site as a registered user, or your details have been correctly entered where using the site without registering, irrespective of whether the use of the username and password and your personal details is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify S&P immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised S&P representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised S&P
- Conclusion of sales and availability of stock
- Users may place orders for Goods, which S&P may accept or reject. Whether or not S&P accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by S&P for the Goods.
- NOTE: S&P will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and S&P come into effect (the “Sale”).This is regardless of any communication from S&P stating that your order or payment has been confirmed. S&P will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery of the Goods, you may cancel an order at any time provided you do so before dispatch of the goods. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy.
- Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold S&P liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by S&P, S&P will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, S&P will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- In the case of Goods for sale by a Third Party Seller, S&P relies on inventory information supplied by the relevant Third Party Seller and S&P accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
- Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Payment can be made for Goods via –
- debit card;
- credit card: where payment is made by credit card, 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 is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Instant EFT;
- Coupons / Vouchers;
- Not all credit cards are accepted. Some credit cards such as Amex and Diners (among others) may not be accepted for payment.
- You may contact us via on firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Delivery of goods
- S&P offers 1 (one) method of delivery of Goods to you.:
- courier; or
- Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, S&P will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- S&P’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. S&P is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (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 error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- S&P shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
- Vouchers & Coupons
- S&P may from time to time make physical or electronic vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of S&P Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
- Vouchers and Coupons that S&P gives away for free are valid for the period stated thereon. In each case, if your Voucher/Coupon has not been used within that period, it will expire.
- Vouchers/Coupons cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
- S&P is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher/Coupon, after it has delivered the Voucher/Coupon to you or the email address nominated by you.
- There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
- Coupons are issued in S&P’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
- As a general rule, and unless specified otherwise on the specific Coupon itself:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
- a Coupon must be used at check-out – it cannot be used later on existing orders; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. S&P is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
- If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us at email@example.com to confirm if the Coupon is still valid. If S&P confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by S&P, before you are able to use a Coupon.
- Deals and other discounted Goods
- From time to time, we may offer certain Goods at discounted prices as part of a Deal or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scopeof a Deal, you will pay the discounted price for that product (the “Deal Price”).
- However, if you buy a product in a manner that fallsoutside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
- Deals (“Deals“) will be available for specified periods. Deals will expire no later than one minute to midnight on the specified end day. Deals may have a stock limit and may expire earlier if stock runs out.
- Where Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
- We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of S&P.
- Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. S&P must receive payment from you before the Deal expires or sells out, otherwise we will cancel your order.
- S&P will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because S&P may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
- The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested by us for the relevant product.
- By purchasing any Deal, you are also automatically opting in for our Deals newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
- Bundle Deals
- We may from time to time offer bundle deals for sale on the Website (“BundleDeals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
- Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
- A Bundle Deal should be distinguished from a pre-packed bundle that is sold as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
- Information on how to enter, mechanic of entry and prizes form part of the Conditions of Entry. Entry into the Giveaway/Promotion/Competition is deemed acceptance of these Terms & Conditions.
- Unless otherwise specifically stated, the promotion/giveaway/competition is expressly for entrants that live within the borders of South Africa. Should an entrant from outside of the borders of South Africa win, their prize will be available for collection from the S&P Should they not wish to collect the prize, S&P will select another winner.
- Promoter reserves the right to at any time verify the validity of Entries and Entrants and to disqualify any entrants that do not follow competition rules. Errors & Omissions will be accepted at the Promoters’ discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- This giveaway is in no way sponsored, endorsed or administered by or associated with Instagram, Facebook or any other media or social media site, site or platform, unless expressly stated.
- Each entrant acknowledges that the information that they are providing is provided to the Promoter and not to Instagram, Facebook or any other media or social media site, site or platform, unless expressly stated. The information that any entrants provides will only be used for the purpose outlined in these Terms & Conditions. Any questions or comments about this Giveaway must be directed to Promoter and not Instagram, Facebook or any other media or social media site, site or platform. Instagram, Facebook or any other media or social media site, site or platform will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant as a result of participating in the Promotion (including the taking/use) of any prizes), with the exception of any liability which cannot be excluded by law.
- By Uploading, commenting or otherwise making available any content in connection with the Promotion, the entrant grants the Promoter a non-exclusive, worldwide, royalty free, perpetual license to use, publish, reproduce and otherwise exploit the content in any form and for any purpose. Content submitted in connection with the Promotion will not be returned to any entrant.
- The Promoters decision is final and no correspondence will be entered into.
- The Best entry received within the promotional period will be deemed as the winner. The winner will win Prize/Prizes as defined by the post.
- The Promoter does not guarantee any delivery time/date for prize delivery.
- The prize is not transferable, nor negotiable nor exchangeable and cannot be exchanged for cash.
- Prizes, or any unused portion of a prize, are not transferable nor negotiable, nor exchangeable, and cannot be exchanged for cash.
- If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal value will be awarded in lieu.
- Vouchers can only be redeemed once, and for not more than the value specified.
- Vouchers are only redeemable from the specific store (online or other) as specified in the promotion and on the voucher.
- Unless specifically stated, it may not be used on sale goods, reduced or promotional discount merchandise.
- Vouchers cannot be replaced if they have expired.
- Entrants consent to the Promoter using their name, likeness, image, comments and posts in the event they are a winner; in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), other promotions, and any products manufactured, distributed and /or supplied by the Promoter.
- GIVE BACK PROGRAM
The Give Back Program is a program designed to allow a registered customer the chance of receiving a 20% refund on specified products so long as they have met the specified criteria as set out below:
- Login and create a profile on the specified website: pigeon-baby.co.za
- Add your child/children.
- Add the Pigeon products you have purchased. There is a drop down, and only products in the drop down selection are eligible for the Give Back refund.
- You have 4 weeks from date of purchase to add the products. You will not be able to include any products that were purchased more than 4 weeks prior.
- Upload proof of purchase. This is very important, without a clear valid proof of purchase your products will not be validated for Give Back. To be validated the products will need to have been purchased within 4 weeks, products available in the drop down, products on the proof of purchase, price on the proof of purchase.
- There is a minimum ownership period and a maximum return period. This means that you cannot redeem your Give Back refund before the period is up, and you cannot redeem after a latest period. Redemption period:
Bottles – Between 9 months and 12 months
Breast Pumps – Between 9 months and 24 months
- When you are eligible for your Give Back refund, login and redeem the product/s.
- Please select drop off point for your product/s, and ensure you drop these off. We will collect these products and ensure that they are given to charities if they are in a usable condition.
- We will email you your coupon to be spent on any of our products. The coupon may be redeemed against the purchase of any of our brands that can be found on our website.
- The Give Back Program is only available in South Africa, and for purchases made within the borders of South Africa.
Changes to the program, products eligible, periods for redemption, drop off points may be subject to change without notice.
- EXCLUSION OF LIABILITY
13.1 It is a term and condition of the use of the Website that You expressly agree that use of the Website is entirely at Your own risk. The Website contents are provided on an “as is” basis without any warranties of any kind, whether express or implied, to the accuracy of the contents of the Website. Without limiting the generality of this clause, the following warranties are expressly excluded:
(a) compatibility of the Website with your technology, equipment or software;
(b) uninterrupted or error free functionality of the Website; and
(c) non-infringement of any rights.
13.2 S&P makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the information, material, services, software, text, and graphics set out on the Website. Insofar as the Website contains links to any other internet websites, you acknowledge and agree that S&P does not have control over any such websites and shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.
13.3 Whilst S&P has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that the Website will operate error-free or that any files, downloads or applications available via the Website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
13.4 In no event shall S&P, its employees and/or any third party contributors of material to the Website be liable for any costs, expenses, losses and damages of any nature arising out of or in any way connected with Your use of the Website, Your inability to use the Website and/or the operational failure of the Website.
13.5 You indemnify S&P, its owners, directors, employees, officials, agents, suppliers or representative and keep them fully indemnified from and against any loss or damage suffered or liability incurred by Your or in respect of any third party, which arises from Your use of the Website.
13.6 In no event shall S&P, its employees and/or any third party contributors of material to the Website be liable for the outcomes of any loan application You may make, nor are they liable for any misrepresentation by or of the lender and/or the lenders products.
Any costs incurred by Users in respect of any advice sought in relation to these Terms and Conditions shall be for their own account.
Each and every term of the terms and conditions must be read as separable from the other Terms and Conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the other terms and conditions will remain valid and enforceable, despite any invalidity or unenforceability of an individual term.
The failure of either party to require performance of any provision of the Terms and Conditions at any time, shall not affect the right of such party to require performance of that provision or of any other provision in the future. No waiver by either party with respect to a breach of any provision of the Terms and Conditions shall be construed as a waiver with respect to any continuing or subsequent breach of that provision, or as a waiver of any other right in the Terms and Conditions.
The Website is owned and operated from the Republic of South Africa. These Terms and Conditions and the use or inability to use the Website are accordingly governed by the laws of the Republic of South Africa.
- LIMITATION OF LIABILITY
18.1 S&P cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of S&P, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way emailing: firstname.lastname@example.org.
- S&P SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- YOU HEREBY INDEMNIFY S&P AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- CONTACT DETAILS
If You would like to contact S&P please use the contact details set out below: