ACCEPTANCE OF SA DEALZ TERMS & CONDITIONS
As a user of our services and / or visitor to our website you confirm that you have read and understood these Terms and Conditions and that you agree to be bound by them. Should you not agree with our Terms and Conditions, please do not make use of our services. We will make changes to our Terms and Conditions from time to time. It is your responsibility to ensure that you familiarize yourself with these changes. If you do not agree with the Terms and Conditions as it is reflected at the time of reading, please do not make use of our services. The collection, use and sharing of your personal information is subject to our Privacy Notice, to be found here.
TO PARTICIPATE
DIRECT MARKETING
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree and consent that we may send you such information by various social media and electronic communication channels, including but not limited to email, AVM, SMS, or telephone. You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing material related to a specific service or associated campaign.
Should you decide to opt out of all or any direct marketing received from us, you can register on the national do not contact list which can be found on www.dmasa.org. Please keep in mind however, in the event that you apply for us to contact you again after you registered with the DMASA we will give effect to your specific request for us to contact you.
If we are providing you with Services, you will also be subject to the specific terms and conditions relating to the product or services you are being provided with and any additional product and / or services you may wish to receive. All 3rd Party Providers may have additional terms and conditions regarding marketing material and will be in addition to these Terms and Conditions.
USE OF SITE
You may only use the website to browse the content and enter legitimate information. You cannot use the website for any other purposes, including but without limitation to, the entering of any false or fraudulent information. You may only use the website if you are an adult major (over 18 years of age) and therefore it is important to know that minors may not make use of the website.
The website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Please note further that deep linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the website and/or the materials contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws.
We may:
modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
change these terms and conditions from time to time with or without notice to you. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. You need to read our Terms and Conditions carefully and it remains your responsibility to ensure that you understand what you read. Should you have any questions or queries you are welcome to contact us at info@sadealz.co.za
We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time.
You will not be eligible for any compensation should your use of any part of the website be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.
3RD PARTY GOODS, SERVICES AND WEBSITES
Your use of those 3rd Party Provider goods and/or services which you may link to or access through your use of the service may be subject to this Policy and/or the terms and conditions applicable to those 3rd Party Provider goods and/or services. You agree that it remains your obligation to familiarise yourself with 3rd Party Providers terms and conditions and to comply with both them and these Terms. In the event there is a conflict between these Terms and 3rd Party Providers terms and conditions, these Terms shall prevail to the extent of the conflict for the purposes of your service use.
We have no control over 3rd Party Provider’s services or websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party Providers websites or for any losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party Provider services or websites. You agree that where you access 3rd Party Provider services or websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Party Providers which are referred to or linked from or to the service is similarly entirely at your own risk and are solely between you and that 3rd Party Provider including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
MONITORING
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, or the removal of any materials from the website. We will in our sole discretion terminate our services where we see fit, due to misconduct and misuse of our website.
ELECTRONIC COMMUNICATIONS
By visiting our website or sending e-mails to us, you are communicating with us electronically. Your use of the website will be deemed your consent to receive communications from us electronically which will allow us to communicate with you via e-mail, SMS or any other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws. All software used on the website is our property or that of our software suppliers and is protected by international intellectual property laws.
The registered and unregistered trademarks, names, logos and service marks displayed on the website belong to us. Nothing contained on the website, except as expressly stated in these terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers, are the proprietors of all the content and trademarks on the website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to our affiliates and us without our prior written consent.
GENERAL
We grant you a limited license to access the website. This license does not permit any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our prior written consent.
DISCLAIMERS AND LIABILITY LIMITATION
The use of and reliance through our Service is entirely at your own risk. The service is provided “as is” and “as available”. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.
While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).
We will use reasonable endeavours to make the Service available to you and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the service (either in part or as a whole) for any reason whatever.
FORCE MAJEURE
We will not be liable for failure to perform if the failure is attributable (wholly, partially or late), to some unforeseen event or circumstance beyond its reasonable control which prevents it from performing, timeously or otherwise. This will not be limited to technical problems or downtime related to a fixed line or mobile tele-communications provider which, in each case, is beyond our reasonable control, having exercised reasonable care and diligence to prevent and/or mitigate against the occurrence and/or consequences of that event or circumstance.
GOVERNING LAW AND JURISDICTION
You irrevocably agree that the law of the Republic of South Africa shall govern the Service and these Terms.
Both parties agree to the jurisdiction of the Magistrates Court, Johannesburg South Africa even though the value of a claim which may be brought exceed the ordinary monetary jurisdiction of the Magistrates Court.
Should this not be possible by law, both parties agree to the jurisdiction of any other Magistrates court, alternatively the High Court, Johannesburg South Africa in respect of disputes which may arise out of your use of the Service and these Terms.
DOCUMENTS AND NOTICES
We choose the addresses and other contact details specified in our ECT Act Disclosures section below, for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
In these Terms, headings are for convenience only and we don’t intend for them to be used to interpret these Terms.
If, in these Terms, we refer to a Party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then these Terms will also be applicable to and binding on that Party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in these Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
All annexures, addendums and amendments to these Terms form an integral part of these Terms and Conditions.
NOT PARTNERSHIP OR AGENCY
Nothing in these Terms will be deemed to constitute a partnership as between parties, nor constitute any party as an agent of the other party for any purpose whatsoever except as expressly provided for in these Terms.
SEVERABILITY AND ILLEGABILITY
If any of these provisions of these Terms is held to be invalid, illegal, contrary to the public policy or unenforceable by a Court of competent jurisdiction or arbitrator, the validity, legality and enforceability of the remaining provisions will in no way be effected or impaired thereby and these Terms will remain and be of full force and effect.
Any provision in these Terms which is or may become illegal, invalid or unenforceable will not be effective to the extent of such prohibition or unenforceability and will be treated as pro non scripto (meaning as though it has not been written) and severed from the balance of these Terms, without invalidating the remaining provisions or affecting the validity or enforceability of such provisions.
CONTACT US
If you have any complaints or would like more information please contact us at info@sadealz.co.za