WEBSITE TERMS AND CONDITIONS
1.1 Welcome to www.nanomarket.co.za (“the Website”). The Website is owned by Nano Schoon Pty Ltd who owns all the copyrights associated therewith (“the Owner”).
1.2 This document sets out the terms and conditions (“Terms and Conditions”) applicable to accessing and the use of the Website.
1.3 The Terms and Conditions are valid, binding and enforceable against all persons who access the Website, web pages, landing page or any part thereof. If you do not agree to be bound by these Terms and Conditions, then you must immediately cease your use of, or access to, the Website in any manner whatsoever.
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.
1.5 By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended Terms and Conditions
1.6 The Website enables you to shop online for an extensive range of goods which may include food and cleaning products (“goods”).
1.7 Before you can place and order for the purchase of any goods, you must first register with us, and we must accept your registration. To register you must create a username and password that is only used by you and not disclosed to any third parties.
2 Interpretation and Definitions
2.1 Headings to the clauses in this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
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 The following expressions shall have the meanings set out against them:
2.3.1 “Data Message” shall mean a data message as defined in the Electronic Communications Act 25 of 2002;
2.3.2 “Personal Information” means personal information as defined in the Promotion of Access to Information Act 2 of 2000;
2.3.3 “Terms and Conditions” means these terms and conditions that apply to your access and/or use of the Website;
2.3.4 “User” means all individuals, whether natural or juristic accessing the website for any reason whatsoever;
2.3.5 “You/Your” means all individuals, whether natural or juristic accessing the website for any reason whatsoever.
3 Use of the Website
3.1 By using the Website you warrant that you are at least 18 (eighteen) years of age 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.
3.2 Whilst the Owner 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 the Owner or other third parties, is at your own risk.
3.3 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:
3.3.1 for any unlawful purpose;
3.3.2 to transmit, distribute, store or destroy material in violation of any applicable law or regulation;
3.3.3 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others;
3.3.4 in a manner that will violate the privacy or other personal rights of others;
3.3.5 for the transmission of unlawful material;
3.3.6 to gain unauthorised access to other computer systems.
3.4 In addition to the aforegoing, the following conduct is prohibited in respect of the Website:
3.4.1 use of any robot, spider, other automatic device and/or manual process to:
184.108.40.206 monitor or copy any part of the Website;
220.127.116.11 generate automated postings and/or spam;
18.104.22.168 interfere or attempt to interfere with the proper working of the Website.
3.4.2 take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
3.4.3 access the Website by any means other than through the interface that is provided by the Owner or attempting to access the Website without first logging in through the Website log in page (if applicable and authorised to do so).
3.4.4 reverse assemble or otherwise attempt 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.
3.4.5 attempt to access any area of the Website to which access is not authorised.
3.5 It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Website
3.6 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4 orders and sales
4.1 Unauthorised use:
4.1.1 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such an order, unless the order is cancelled by you in accordance with these Terms and Conditions.
4.1.2 You agree to notify the Owner 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.
4.2 Stock Availability:
4.2.1 Orders may be accepted or rejected depending 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 for the goods.
4.2.2 We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.2.3 You may only cancel the sale of any goods in accordance with the Returns clause hereunder.
4.2.4 Placing goods in a 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. You cannot hold the Owner liable if such goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
4.2.5 You acknowledge that stock of all goods are limited. We 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 placing an order, we will notify you and you will be entitled to a refund of the amount paid by you.
4.3 Product Quality:
4.3.1 The pictures on our website are stock pictures and not a depiction of the actual quality of any goods sold to you. We always try and provide our customers with good quality goods but due to availability and handling quality may differ.
4.5.1 There may be costs involved in delivering the goods to your selected address, such costs will be quoted to you before you make payment and will be added to your check out costs when you make payment.
4.5.2 Delivery period / timelines will be communicated to you and depends on your location.
4.6.1 On occasion we may run a promotion or special, such promotions or specials will have their own terms and conditions attached.
4.7.1 We warrant that all goods sold to you are within their sell by date and will not have expired by the time they are delivered to you.
4.7.2 We warrant that we have taken all the necessary safety and hygienic measures necessary to prevent the spread of any diseases through our goods.
4.7.3 Although goods sold from the Website may, under certain specifically defined circumstances, be under warranty, generally goods are sold without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5.1 It is your responsibility to ensure that the goods are what you ordered and meet your requirements.
5.2 Should any perishable goods be expired, broken or damaged you need to inform us thereof within 24 hours. You will either be given credits for the same Rand value for such goods to use again on any products on our website or a suitable replacement good will be delivered to you. We cannot accept returns on any of our perishable goods. We may request photos of such goods. Our drivers are however instructed to ask you whether you are satisfied with the goods you receive and make notes thereof.
5.3 All goods (other than perishable goods) if unopened may be returned within fourteen 10 days of receipt of the goods (at your own costs) and you are to contact us to arrange any such returns. In such a case you may be given credits or it may be exchanged for a product of the same value.
5.4 Should you wish to not receive the credits or a suitable replacement good, a cash refund may be applicable.
6.1 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 clause.
7.1 The Website may provide hyperlinks to other websites for your convenience. Such links must not be construed to constitute any relationship, affiliation, association or endorsement of the linked third party.
7.2 Use of the linked third party website and information or content set out therein is done at your own risk. The Owner 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.
7.3 The prior written authority of the Owner is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. The Owner reserves the right to withdraw permission granted to link to this Website at any time in the entire discretion of the Owner.
8 Electronic Communications
8.1 By using this Website or communicating with the Owner 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”.
8.2 Section 21-26 (Part 2) of the Electronic Communications and Transactions Act (Act 25 of 2002):
8.2.1 The User agrees to be bound by these Terms and Conditions and the parties agree that such agreement is concluded in Bellville (South Africa) at the time the User enters the Website for the first time.
8.2.2 No information or data on the Website shall constitute an offer to do business but is an invitation to do business.
8.2.3 No e-mail communication shall be deemed to have been received by the Owner until a response has been issued by The Owner acknowledging receipt thereof. An automatically generated response from The Owner shall not fulfil this requirement.
8.2.4 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and the Owner.
8.2.5 The User agrees and warrants to the Owner that any data messages that are sent from a computer, IP address or mobile device ordinarily used, or owned, by the User, was sent and/or authorised to be sent by the User.
9.1 The Owner 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 (which may include your name and surname, email address, contact number, IP address, delivery address, User selected password and non-personal browsing habits and click patterns) as set out above or relating to you, your business, company or other legal entity. The Owner 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 the Owner’s processing and any further processing of such personal information.
9.2 The owner collects, stores and uses the abovementioned information for the following purposes:
9.2.1 providing the Product, support and services to the User;
9.2.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the Website;
9.2.3 subject to the User’s consent, inform the User about competitions and special offers from the Owner and/or its partners / affiliates; and
9.2.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Website.
9.3 The Owner owns and retains all rights to non-personal statistical information collected and compiled by the Owner or its authorised representative.
10 Copyright and Intellectual Property Rights
10.1 All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, audio, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of, or are licensed to, the Owner.
10.2 Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by the Owner or any other party.
10.3 The contents of this website may not be transmitted, transcribed, reproduced, stored, displayed, published, copied, printed, posted or translated without the prior written permission of the Owner.
11.1 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 username and password to any other person.
11.2 Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
11.2.1 accessing data not intended for such User or logging into a server or account which the User is not authorised to access;
11.2.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper consent and/or authorisation;
11.2.3 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”, “mailbombing” or “crashing”;
11.2.4 sending and/or posting unsolicited e-mail, including promotions; advertising content and/or advertising of products or services;
11.2.5 forging any TCP/IP packet header or any part thereof;
11.2.6 deleting or revising any material posted by any other person or entity;
11.2.7 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.
11.3 Any person who in any manner interferes with the data or information displayed on this Website in any way which causes it to be modified, destroyed or otherwise rendered
ineffective or inaccurate or in any manner interferes with any third party’s access to this Website or denies access to the Website, whether partial or absolute , acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and is guilty of an offence.
11.4 Any attempt to commit or aid and abet someone in the commission of the offences referred to in 8.4 is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.
12 Exclusion of Liability
12.1 The use and consumption of any goods are done at your own risk. You agree to indemnify and hold blameless the Owner, its directors, staff members or associates against any disease, allergic reaction or any other adverse reaction you may have to any of the goods you use or consume.
12.2 It is a 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:
12.2.1 compatibility of the Website with your technology, equipment or software;
12.2.2 uninterrupted or error-free functionality of the Website; and
12.2.3 non-infringement of any rights.
12.3 By accessing and browsing this website you accept that no liability will lie against the Owner for any damages caused to you by the malicious interference with the operation of this Website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the Website.
12.4 The Owner 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 the Owner 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.
12.5 Whilst the Owner 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 without interruptions or will be error-free or that any files, downloads or applications available via the Website are free of software 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.
12.6 In no event shall the Owner, 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.
12.7 You indemnify the Owner and its directors, employees, officials, agents, suppliers or representatives 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.
12.8 You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this website.
13.1 Any costs incurred the User in respect of any advice sought in relation to these Terms and Conditions shall be for their own account.
13.2 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.
13.3 No waiver by either party with respect to a breach of any provision of the Terms and Conditions shall be construed as a waiver of any rights it/he/she may have in terms of this agreement.
13.4 The Website is owned and operated from the Republic of South Africa. These Terms and Conditions and the use of, or inability to use, the Website are accordingly governed by the laws of the Republic of South Africa. You agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.
13.5 Any legal notices are to be sent to:
Petrusa Office Park