TERMS AND CONDITIONS

1.              Definitions

 

“Azatimix (Pty) Ltd” means the Company, duly incorporated and registered in terms of the Company Laws of the Republic of South Africa (Registration Number: 2018/240509/07), with postal address PO Box, 1762, Randpark Ridge, Randburg, Gauteng, South Africa, which owns and operates the Website;            

“Website” means www.azatimix.com, designed for electronic access by mobile or fixed devices which is owned and operated by the Company and includes all web pages controlled by the company. 

“Terms” shall mean the agreement set out in this document comprising the terms and conditions, as amended from time to time;

“User” shall mean every person that accesses or uses this Website including a Third-Party Seller and Third-Party Buyer;

“Third-Party Seller” shall mean Supplier of Goods who have registered to list and sell their Goods on the Website;

“Third-Party Buyer” shall mean purchaser of Goods who have registered to buy these Goods on the Website; 

“Supplier” shall mean the entities that list their products for sale on the Website;

“Goods” shall mean the products available for sale on the Website;           

“Service” shall mean the platform offered by the Company to the User upon which they are able to purchase and sell goods;

“ECT Act” means the Electronic Communications and Transactions Act, No. 25 of 2002, as amended from time to time;

“CPA” means Consumer Protection Act No 68 of 2008, as amended from time to time; 

“Intellectual Property Rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Company, now or in the future, including without limitation, the Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not;

“Content” means the textual, visual or aural content that is encountered as part of your experience on the Website. It may include among other things: text, images, sounds, videos and animations;

“Hyperlinks” herein to legal documents shall be deemed part of these Terms in terms of Section 11(3) of ECT Act. The fact that some or all of the hyperlinks many, from time to time may be non-operational, shall not affect the validity and interpretation of these Terms. 

2.              Interpretation

In these Terms unless the context otherwise requires:

Reference to a User is reference to a Third-Party Seller and Third-Party Buyer.

The headings to the paragraphs to these Terms are inserted for convenience only and do not affect the interpretation.

A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

These Terms are made only in the English language. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.

3.              Website Terms of Use

The Company permits the use of the Website and the Service subject to the Terms. By using the Website and the Service in any way, the User shall be deemed to have accepted all the Terms unconditionally.

If the User does not agree to be bound by these Terms, the User must leave the Website without delay, as further use will automatically bind it/he/she to these Terms.

In terms of Section 11 of the ECT Act and the common law, these Terms are valid, binding and enforceable against every User that accesses the Website, and its web pages or any part thereof.

The Company reserves the right, in its sole discretion, to amend and/or replace any part or the whole of the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. 

Each time a User accesses the Website and/or uses the Service available, the User shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the Company from time to time. If the User is not satisfied with the amended Terms, the User should refrain from using the Website. 

The Company will, however, give the User prior notice where it has collected Personal Information from the User and the purpose for which it has collected that information, is affected by the intended amendment.

There is no legal entitlement to the benefits of the Service offered on the Website and the Company has the right to refuse provision of its Service without providing explanation.

The Third-Party Seller agrees that the Company has provided accurate, up to date, and complete information about it. The Company is not responsible for any error made as a result of such information being inaccurate.

The Third-Party Seller agrees to notify the Company of any changes in its/his/her information immediately it occurs. If the Third-Party Seller does not do so, the Company may terminate the Third-Party Seller’s registration to list and sell its Goods.

4.              Content of the Website

The Company reserves the right to make improvements or to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website;

The Company reserves the right to change and amend the Goods listed on the Website and their prices from time to time without notice;

The Company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation that: 

  •  The Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. The Company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; 

  • Whilst the Company has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system; and 

  • The Company disclaims any responsibility for the verification of any claims. Information published on the Website may be done so in the format in which the Company receives it and statements from external parties are accepted as fact. 

5.              Third-Party Seller and Third-Party Buyer

The Company only provides a platform to facilitate transactions between a Third-Party Seller and Third-Party Buyer. The Company is neither the buyer nor the seller of these Goods.

The Sale formed on acceptance of the Third-Party Buyer’s order for Goods that are for sale by a Third-Party Seller is solely between the Third-Party Buyer and such Third-Party Seller. The Company is not a party to that sale.

The Company will handle any returns under the CPA or the ECT Act, by the Third-Party Buyer arising out of or in connection with the sale between the Third-Party Buyer and the Third-Party Seller on behalf of the Third-Party Seller according to the Company’s Returns Policy as laid out in clause 11 of these Terms. 

Should such claim escalate into being a dispute, the Company will not become involved and any dispute must be resolved between the Third-Party Buyer and the Third-Party Seller. 

6.              Service and Goods

The Company offers an ecommerce retail platform in the form of a Website upon which Third Party Sellers of Goods, who have registered on the Website to list and sell these Goods, sell these Goods to purchasers, referred to as a Third-Party Buyer, who have registered on the Website to buy these Goods.

In accepting the Service and the Goods sold on the Website, the User did not rely on any representation or information from any source except the definition and explanation of the Service and the Goods given on the Website.

The User acknowledges that it/he/she understands exactly what is included in the Service and the User is satisfied that the Service and the Goods are suitable and satisfactory for its/his/her requirements.

The Goods advertised on the Website do not constitute an offer by the Company.

By selecting the Goods and by submitting the necessary payment and/or delivery information, the Third-Party Buyer makes an offer to the Third-Party Seller, which offer may be accepted and/or declined by the Third-Party Seller at its sole and absolute discretion.

A binding agreement between the Third-Party Seller and the Third-Party Buyer for the sale of the Goods is only concluded upon the Third-Party Seller’s acceptance of the Third-Party Buyer’s offer.

The Third-Party Seller’s acceptance or refusal of an offer will be communicated to the Third-Party Buyer within a reasonable time from receipt of the Third-Party Buyer’s offer. 

7.              Registration and use of the Website

Only a registered User may buy and sell Goods on the Website.

To register, a User must provide a unique username and password and provide certain information and personal details to the Company. You will need to use your unique username and password to access the Website in order to buy and sell Goods.

  • The User agrees and warrants that their username and password shall:

  • be used for personal use only;

  • not be disclosed to any third party;

  • For security purposes the User agrees to enter the correct username and password whenever ordering Goods, failing which the User will be denied access;

  • The User agrees that, once the correct username and password relating to their account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such transaction, save where the transaction is cancelled by the User in accordance with these Terms;

  • The User agrees to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of their username and password and to take steps to mitigate any resultant loss or harm;

  • By using the Website, the User warrants that they are 18 (eighteen) years of age or older and of full legal capacity;

  • The User agrees that they 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, the User agrees that they 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 Company representative;

  • The User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;

  • The User 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 Company representative.

8.              Conclusion of sale and availability of stock

A registered Third-Party Buyer, may place orders for Goods, which the Company or the Third-Party Seller may accept or reject. Whether or not the Company or the Third-Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods and receipt of payment or payment authorisation by the Company for the Goods.

The Company or the Third-Party Seller will indicate the acceptance of the Third-Party Buyer’s order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Third-Party Seller come into effect. This is regardless of any communication on the Website stating that the Third-Party Buyer’s order or payment has been confirmed. The Company will indicate the rejection of the Third-Party Buyer’s order by cancelling it and, as soon as possible thereafter, refunding the Third-Party Buyer for any amount already paid.

Prior to delivery or your collection of the Goods, the Third-Party Buyer may cancel an order at any time provided they do so before receiving a dispatch or delivery notice. After delivery or collection of the Goods, the Third-Party Buyermay return the Goods only in accordance with the Company’s Returns Policy.

The Third-Party Buyer acknowledges that stock of all Goods on offer is limited and that pricing may change at any time without notice. When Goods are no longer available after you a Third-Party Buyer has placed an order, the Company will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

The Company relies on inventory information supplied by the Third-Party Seller and the Company accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should a Third-Party Buyer order any Goods from a Third-Party Seller which are sold out, any resulting dispute should be resolved between the Third-Party Buyer and the relevant Third-Party Seller.

9.              Payment

Payment can be made for Goods via credit card or debit card, a paypal account or manually via EFT. 

The Company may require additional information in order to authorise and/or verify the validity of payment. In such cases the Company is entitled to withhold delivery until such time as the additional information is received by the Company and authorisation is obtained by the Company for the amounts. If the Company does not receive authorisation the order for the Goods will be cancelled. The Third-Party Buyer warrants that they are fully authorised to use the credit card or debit card supplied for purposes of paying for the Goods. You also warrant that your credit card and debit card have sufficient available funds to cover all the costs incurred as a result of the Service used on the Website;

Payment can also be made via direct bank deposit or electronic funds transfer.

 If the Third-Party Buyer pays via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order.

Once the Third-Party Buyer has selected a payment method, they will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

10.           Delivery of Goods

The method of delivery of Goods is via courier.

Delivery charges are subject to change at any time, without prior notice to the Third-Party Buyer.

When your order is accepted the Company will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment. The Company will notify you if they are unable to deliver the Goods during this period and the Third-Party Buyer may cancel the order and the purchase price will be reimbursed. 

The Company is not responsible for any loss or unauthorised use of the Goods, after it has delivered the Goods to the physical address nominated by the Third-Party Buyer.

11.           Returns Policy 

A Third-Party Buyer may return Goods to the Company and the Third-Party Seller will either repair or replace the Goods, or credit the Third-Party Buyer’s account.

The above does not apply to second hand or reconditioned Goods, if the packaging of these Goods is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging.

You can return unwanted Goods on condition that they are undamaged and unused, in the original packaging, do not have any missing accessories or parts and the return query is submitted via email to info@azatimix.com.   

If the Company accidentally delivers the wrong Goods, or if the Goods are not as described on the Website or having any elements missing or damaged, the Third-Party Buyer must notify the Company and the Company will collect the Goods at no charge. The correct Goods will then be delivered within 10 days, alternatively a credit will be passed for these Goods If the Third-Party Buyer chooses not to exchange these Goods.             

In terms of the CPA, the Third-Party Seller is obliged to repair, replace the Goods or credit the Third-Party Buyer, if Goods are purchased on the Website which turn out to be defective or otherwise of poor quality.

The Third-Party Buyer must notify the Company as soon as possible, but not later than 6 months after delivery of the Goods and the Company will collect the Goods at no charge. 

Goods may have a supplier warranty that extends beyond the six-month standard warranty as per the CPA. If such Goods turns out to be defective more than 6 months after delivery the Third-Party Buyer must notify the Company as soon as reasonably possible after they become aware of the defect and the Company will collect the Goods at no charge. 

The Company is under no obligation to provide you with a credit, repair or replacement, as the Third Part Buyer’s remedy lies with the Third-Party Seller of the Goods. 

A direct warranty of Goods are Goods for which the Third-Party Seller wishes to manage defective returns itself and not through the Company. 

If Goods with a direct warranty turns out to be defective or otherwise of poor quality, please notify the Company and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the relevant manufacturer directly if you already have its details.

12.           Risk, Limitation of Liability and Indemnity

Defective and faulty Goods

Should there be any defective or faulty Goods of whatsoever nature listed and sold by a Third-Party Seller to a Third-Party Buyer, the Company shall in no way be liable for such defect or fault, whether such defect or fault is patent or latent.

The Third-Party Buyer indemnifies the Company against any loss suffered or expense incurred by the Third-Party Buyer due to the defective or faulty Goods sold to it by the Third Party Seller, and the Third-Party Buyer shall have no claim against the Company for this loss or expense incurred due to the defective and faulty nature of the Goods, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising, and whether in an action arising out of contract, statute, delict or otherwise.

The following will not be regarded as defects and will not entitle the Third-Party Buyer to a return of the Goods:

  • fair wear and tear;

  • damage arising from negligence, user abuse or incorrect usage of the Goods;

  • damage arising from electrical surges;

  • damage arising from a failure to adequately care for the Goods;

  • damage arising from unauthorized alterations to the Goods;

  • where the Goods are accurately described by the Third-Party Seller and are for purpose but do not suit the Third-Party Buyer’s requirements;

  • signs of handling and/or repackaging on used Goods.

Counterfeit, copyrighted and trademarked Goods

The User hereby unconditionally and irrevocably indemnifies the Company and agrees to hold the Company harmless from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by a User as a direct or indirect result of counterfeit Goods having been sold on the Website or Goods sold on the Website, in which a third-party’s copyright or trademark rights subsisted therein. 

Errors on the Website 

The Company 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, the Company shall not be liable for any loss, claim or expense relating to a transaction based on any error.

Neither the Company nor its agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, even if the Company knows or should reasonably have known or is expressly advised thereof;  

The liability of the Company for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to the Company rectifying the malfunction, within a reasonable time and free of charge, provided that the Company is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of the Company. In no event, however, shall the Company be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

The User hereby unconditionally and irrevocably indemnifies the Company and agrees to hold the Company harmless from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the User as a direct or indirect result of the use of the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software or any unavailability of, or interruption in, the Service provided via the Website which is beyond the control of the Company. 

The User expressly waives and renounces all their rights of whatever nature that they may have against the Company for any loss suffered as a result of information supplied by the Company being incorrect, incomplete or inaccurate. 

The User’s use of the Website and the information contained on the Website is entirely at the User’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof. 

The transmission of information via the internet, including without limitation via electronic mail, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall the Company be liable for any loss, harm, or damage suffered by the User as a result thereof. The Company reserves the right to request independent verification of any information transmitted via electronic mail and the User consents to such verification should the Company deem it necessary. 

The Company shall also not be bound by any incorrect information regarding the Goods listed and sold on the Website, displayed on any third-party websites.

13.           Usage Restrictions

The User hereby agrees that they shall not themselves, nor through any third party:         

  • copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms; 

  • decompile, disassemble or reverse engineer any portion of the Website; 

  • write and/or develop any derivative of the Website or any other software programme based on the Website; 

  • modify or enhance the Website and in the event of a User effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of the Company; 

  • without the Company‘s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website to persons other than the User; 

  •  remove any identification, trademark, copyright or other notices from the Website; 

  • create a hypertext link to any part of the Website without the Company’s prior written consent and to the extent that such a link is created, the User acknowledges that they are solely responsible for the consequences of creating such link and they agree to defend, indemnify and hold the Company harmless from and against all damages, costs, losses and expenses of any nature, whether direct or indirect, arising from or in connection with the creation of such link;              

  • post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

14.           Security

In order to ensure the security and reliable operation of the Website, the Company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

The User may not utilise the Website in any manner which may compromise the security of the Company’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Websites, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Company suffer any damage or loss, damages shall be claimed by the Company against the User.

Any User who commits any of the offences detailed in Chapter 13 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Company.

The User irrevocably grants the Company the right and licence to edit, copy, publish, distribute, translate and otherwise use any content that the User places on the Website. The User represents and warrants that they are authorised to grant all such rights.

The User must notify the Company as to any security breach or unauthorised use of the User’s account on the Website.

The User’s account is confidential therefore a User may not share any information pertaining to their account and the Company will not intentionally place any confidential information pertaining to the User in the public domain.

15.           Intellectual Property Rights

The Website is operated and controlled by the Company. The information from the Website is protected by copyright and other proprietary rights laws. No information from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of a duly authorised representative of the Company. The Company retains all intellectual property rights in respect of the Company’s Service as provided for on the Website.

Any unauthorised copying, or attempt at copying, assignment or transfer of these Terms or of any content of the Website contrary to the provisions of these Terms, shall result in the immediate termination of the User’s access to the Service and list of Goods on the Website and the Company reserves the right to:

●          claim damages from the User;

●          institute criminal proceedings against the User;

●          as specified in these Terms, the User is not granted a license or any other right, including without limitation under copyright, trademark, patent or other Intellectual property rights in or to the content of the Website.

16.           Confidentiality

 

By registering as a User, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the Service and the Goods offered on the Website. You shall notify the Company should you discover any loss or unauthorised disclosure of the information.

Any information or material sent to the Company will be deemed not to be confidential, unless otherwise agreed in writing between the User and the Company.

 

17.           Breach or Cancellation by the Company   

 

The Company is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to limit or deny such User use of the Website and Service and access to the Goods, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the Company’s right to claim damages, should any User:

  • breach any of these Terms; 

  • in the sole discretion of the Company, use the Website in an unauthorised manner; 

  • infringe any statute, regulation, ordinance or law;

  • Breach of these Terms entitles the Company to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to the Company on an attorney and client scale.

 

18.           Consumer Protection Act

 

These Terms apply to a Third-Party Buyer who is a consumer for purposes of the CPA.

These Terms:

  • may limit the risk or liability of the Company or a third party;

  • may create risk or liability for the User;

  • may compel the User to indemnify the Company or a third party;

  • serve as an acknowledgement, by the User, of a fact.

 

19.           Compliance with Section 43 of the ECT Act

 

Access to the Service, the list of Goods, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in the ECT Act and a User therefore has the rights provided for in chapter 7 of the ECT Act. Pursuant to this and in accordance with the Company’s statutory obligations, it hereby discloses the following information to the User:

Full name and legal status of Website owner: Azatimix (Pty) Ltd”, a company, duly incorporated and registered in terms of the Company Laws of the Republic of South Africa (Registration Number: 2018/240509/07), with postal address PO Box, 1762, Randpark Ridge, Randburg, Gauteng, South Africa.

Websites address: www.azatimix.com and e-mail address: info@azatimix.com;

Special terms related to the Service and the list of Goods: Can be accessed from the Website’s main page.

Access to saving and printing of special terms: 

  • Documents relating to these terms may be in either PDF (portable document format) or in HTML (hypertext mark-up language format).

  • To view PDF files, an Adobe PDF viewer is required. The Adobe Reader® is available for free download from www.adobe.com on the following link http://get.adobe.com/reader/.

  • To view HTML files, use a web browser. The files have been designed to function with Microsoft Internet Explorer 6x and 7 or later, and Netscape 7X or later and Firefox 1.5 or later;

  • The content may be saved by using either the “save as” or the “print” options provided in the file reader. Alternatively, view the document and make use of the copy and paste special (unformatted text) options to save the content to another format, with user defined styles in the destination file, such as into a Microsoft Word (.doc) or (.docx) document.

  • Dispatch and delivery times: Upon conclusion of a transaction, instructions relating to provision of the Goods will be displayed on the Website and/or emailed to the Third-Party Buyer. In the event that such information is not communicated by the Company, the Third-Party Buyer should contact the Company at info@azatimix.comfor assistance.

  • The manner and period within which the User may access and maintain a full record of transactions: A full record of each transaction shall be disclosed to the User and the User is encouraged to print and/or save this information. Transaction records will also be disclosed to the User on request for a limited period from the date of the transaction.

Returns Policy: The applicable policy related to specific is detailed in clause 11 above; 

Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to the Website, the inability to access the Website, the Service and the list of Goods and content available from the Website, and these Terms, shall be referred to arbitration in accordance with the Rules of The Arbitration Foundation of Southern Africa (available via http://www.arbitration.co.za/) and such arbitration proceedings shall be conducted in Johannesburg in English. 

The arbitration ruling shall be final and binding and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and client.

 

Security procedures in place in respect of payment and payment information: The Company makes use of 2Checkout and Pay Pal to handle all online payment transactions.

 

20.           Compliance with laws

 

The User shall comply with all applicable laws, statues, ordinances and regulations pertaining to the use of and access to the Website. 

 

21.           Notices and Electronic Communications

 

Except as explicitly stated otherwise, any notices shall be given by email to info@azatimix.com  (in the case of the Company) or to the e-mail address you have provided to the Company (in the User’s case), or such other address that has been specified.

Notice shall be deemed to have been received 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give the User notice by registered mail, postage prepaid and return receipt requested, to the address which the User has provided to the Company. In such case, notice shall be deemed to have been received 7 (seven) days after the date of mailing.

Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address for that purpose.

The User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be considered “in writing”.

Subject to the provisions of the Regulation of Interception of Communications Act, No. 70 of 2002, the User agrees to the Company’s right to intercept, block, filter, read, delete, disclose and use all communications (including “data messages” as defined in the ECT Act) sent or posted by the User to the Website.

 

22.           General

 

These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

This Website is controlled, operated and administered by the Company from its offices within the Republic of South Africa. 

The Company makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. 

The User may not use the Website in violation of South African export laws and regulations.

If the User accesses the Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

The User shall not be entitled to cede or assign its rights or delegate its obligations in terms of these Terms to any third party without the prior written consent of the Company.

No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the agreement and/or whether it was negligent or not.

These Terms set forth the entire understanding and agreement between the Company and the User with respect to the subject matter hereof.

 

Ends