TERMS & CONDITIONS

Updated Tuesday, July 19, 2016

This Website is owned and operated by Intertel (“We”, “Us”, “Our”). Its purpose is to educate and/or inform visitors, customers and potential customers (“You”, “Your”) about the various types of Products, Services, promotions or opportunities (collectively, “Products”) that We are able to source and/or arrange for You. To that end, this Website (“Website”) contains a variety of material including without limitation, Product descriptions, reviews, comments, images, videos, documents, software and information (collectively, “Content”). These Terms and Conditions (“Terms” or “Agreement”) govern the relationship between, and applies to any and every communication, transaction and interaction that takes place between, You and Us, including but not limited to, Your use of the Website and/or Content and Your purchase of any Products.

  1. Warranty of Capacity to Contract

    1. YOU HEREBY WARRANT THAT YOU HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AND BE BOUND BY A CONTRACT.
    2. MINORS MUST BE ASSISTED BY THEIR LEGAL GUARDIANS WHEN READING THESE TERMS AND CONDITIONS.
    3. IF YOU ARE UNSURE WHETHER YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS, PLEASE SEEK LEGAL ADVICE BEFORE CONTINUING TO USE THIS WEBSITE OR ANY SERVICE, FEATURE OR FACILITY MADE AVAILABLE TO YOU THROUGH THIS WEBSITE (“SERVICES”).
    4. IF YOU DO NOT AGREE WITH ANY PROVISION CONTAINED IN THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING OR ACCESSING THIS WEBSITE AND/OR SERVICES AND YOU MAY NOT PURCHASE ANY PRODUCT FROM THIS WEBSITE.
  2. Acceptance of These Terms and Conditions

    1. You accept that Your use of this Website is entirely at Your own risk.
    2. This Website is made available to You conditional upon Your acceptance, without modification, of these Terms as amended from time to time.
    3. The Terms apply to every person who uses, accesses, views or interacts with the Website or who communicates, interacts or transacts with Us, through any device or in any manner.
    4. Your access to and use of the Website or the Services constitutes Your acceptance of and Your agreement to be bound by these Terms.
    5. You may not transfer any rights or obligations in terms of these Terms to any other person or entity without Our prior written approval.
  3. Modification of Terms

    1. We reserve the right, in Our sole discretion, to amend (including without limitation, to modify, add to or remove from) these Terms at any time and from time to time without prior notice to You.
    2. Any such amendments shall come into effect immediately and automatically.
    3. You undertake to review these Terms regularly, and prior to Your further use of the Website or Services, for any such amendments, and You acknowledge and agree that Your continued use of the Website or Services after such amendment has come into effect will automatically bind You to those amended Terms and Conditions.
  4. Definitions

    1. The following terms shall have the corresponding meanings assigned to them:
      1. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Us on or in connection with the Website.
      2. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Us in connection with the Website, as well as, all available information regarding marketing and promotion of the Products and Services described in or made available through the Website, as well as all and any modifications or improvements to any of them.
      3. “Content” means the contents of the Website, including without limitation, any and all information, data, documents, Intellectual Property, material, images, media, Products (including software) or Services contained in, accessed through, or downloaded or obtained from the Website.
  5. Interpretation

    1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
      1. defined in these Terms will bear the same meaning throughout these Terms;
      2. Not defined in these Terms but defined by an Act of Parliament will bear the same meaning given to them in the applicable legislation.
    2. The headings used in these Terms are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these Terms.
    3. Any reference herein to the singular includes the plural and vice versa.
    4. Any reference to Us will also include Our principals, employees, officers, advisers, service providers, suppliers and content providers.
    5. Any reference in these Terms to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
  6. Other Terms and Conditions

    1. You acknowledge that You have read and understood Our Privacy Policy, the terms of which are incorporated into these Terms.
    2. Certain Products and/or Services offered by Us, or available to You via the Website, may be subject to additional terms and conditions specific to those Products and/or Services.
    3. To the extent that those additional terms and conditions conflict with these Terms, then those additional terms and conditions shall take precedence.
  7. Intellectual Property

    1. The Website is copyrighted, and all rights are reserved by Us.
    2. The Intellectual Property is either owned by Us or used under license, with permission or in terms of the Fair Use principle. Trade Marks displayed on the Website are either trade marks owned by Us, used by Us under license or permission, or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without Our prior written permission and nothing contained on the Website should be construed as granting You any license or right of use of any Intellectual Property.
    3. Where any of the Content has been licensed to Us or belongs to any third party, Your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and You agree to comply with such terms and conditions.
    4. You acknowledge that any licenses and/or permissions granted to You in terms of these Terms or any subsequent agreement are provided on a non-exclusive and non-transferrable basis, and may at any time, and at Our sole discretion, be terminated or cancelled, without reason, prior notice or any liability to You or any third party.
  8. Permitted and Acceptable Use

    1. You are solely responsible for obtaining and maintaining all facilities, Services, Products and equipment which may be required by You for the exercise of Your rights of permitted use of the Website and/or Services.
    2. Subject to the provisions of these Terms You may only download, view and print the Content restrictively for Your own personal use and only for non-commercial or educational purposes. This permission does not extend to the source code of this Website or to the source code of any software or computer program that forms part of the Content.
    3. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Content.
    4. You may not use the Website or the Content for any unlawful purposes or as prohibited by these Terms.
    5. You may not link to any page on the Website or frame the Website or any of the pages on the Website in any way whatsoever without Our prior written permission.
    6. You must obtain Our prior written approval if You wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Content, whether electronically or otherwise. Unless the relevant additional terms and conditions provide otherwise, requests for approval must be submitted to Us in writing. We are entitled, in Our sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.
    7. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content may be expressly permitted by Us (such permission to be interpreted in its most restrictive sense) You must include all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices that are included on the original without alteration or modification and not in any manner obscured or removed.
    8. You acknowledge that You do not acquire any ownership rights or rights of use in or to any Content by downloading that Content or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content where permitted to do so.
  9. Unacceptable and Prohibited Use

    1. You may not use the Website, Services or Products to obtain or distribute:
      1. copyrighted material or material protected by laws relating to intellectual property rights without the express permission of the owner of such material;
      2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
      3. material which is defamatory, unlawful or contains hate speech; or
      4. Bulk e-mail, whether solicited or unsolicited.
    2. You must not interfere with or jeopardize the functionality or the operation of any part of the Website or attempt to interfere with or jeopardize, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of the Website, Services or of the Content.
    3. You are strictly prohibited from using this Website or the Services for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”.
    4. You may not intercept any information transmitted to or from Us or the Website which is not intended by Us to be received by You.
    5. Apart from bona-fide search engine operators, You may not use, or attempt to use any technology, scripts or applications (including but not limited to web crawlers, web spiders, website copiers, offline browsers, or search engine hacks) to search for, collect, harvest, scrape, mirror or cache any Content from the Website for any purpose, without Our prior written consent.
    6. If You obtain or use any Content in breach of the provisions contained in these Terms, then We reserve the right to:
      1. Claim damages from You;
      2. Institute criminal proceedings against You.
  10. Passwords

    1. You may choose or be allocated a username and password (Your “Login Details”) in order to enable You to gain access to certain parts of the Website, the Content or Services. We may, in Our sole discretion, at any time and for any reason revoke Your Login Details and consequently Your access to certain parts of the Website, the Content or Services.
    2. You must keep Your Login Details secret and confidential.
    3. You must immediately notify Us in writing if the secrecy or confidentiality of Your Login Details are compromised or if Your Login Details are disclosed to any unauthorized person. The Website’s administrator may be contacted at webmaster@intertel.co.za.
    4. You must only use Your Login Details in order to use the Website for the permitted uses.
    5. We may, in Our sole discretion, at any time and for any reason change Your Login Details or require You to change Your Login Details. You will be notified of any changes made or required to Your Login Details on the Website.
    6. You will be responsible and wholly liable for any use or misuse of Your Login Details. Any actions or omissions committed through the use of Your Login Details will be considered to have been committed by You. You specifically indemnify Us against any claim, liability, damage or loss arising from, or as a result of the use or misuse of Your Login Details.
  11. Online Purchases

    1. In terms of Section 42 of the ECT Act, any Content, specifically any digital Products and/or Services available from the Website or via the Website are exempt from Section 44 of the ECT Act (that is, there is no cooling off period) as these are Products that by reason of their nature cannot be returned and Services that have begun with Your consent before the end of the seven-day cooling off period referred to in section 44(1) of the ECT Act.
    2. Please note that We do not provide any refund or exchange policy in respect of any purchase of Content, including any digital Products and/or Services purchased or obtained from the Website or made available via the Website, as these goods and Services are of a highly specific, personal nature and are not capable of being returned by You.
    3. The above clause does not apply to physical, tangible Products purchased from Our online store. Such Products are purchased subject to additional terms and conditions which make provision for the return, exchanges or refund of a purchased Product.
    4. Please note that due to the nature of the digital Products and Services provided by Us, We do not and cannot provide any guarantee or warranty in respect of such Products and Services from Us or via the Website.
  12. Changes to the Website and Services

    1. We may, in Our sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Product, Service or information contained on the Website at any time without any prior notice to You.
    2. We may also impose limits on certain features and Services or restrict Your access to any or all of the Website or Content without notice or liability.
  13. Disclaimers and Limitations of Liability

    1. The Website, including all Content, is provided “as is” and “as available”. We will not be liable for the unavailability, interruption, downtime, malfunction, or failure of the Website or the Content for any reason whatsoever.
    2. Your Use of the Website and reliance on any Content, including information, Products and Services which may be obtained via the Website is entirely at Your own risk, and on Your understanding and agreement that You will assume full responsibility for any damages, loss or liability of any nature incurred by whomever as a result of Your access, inability to access, use, non-use, misuse or abuse of the Website or any part thereof, including but not limited to the Content, websites linked to the Website, Content, Products and Services available from the Website.
    3. WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO THE USE OF THIS DOCUMENT OR INFORMATION.
    4. SUBJECT TO SECTIONS 43(5) AND 43(6) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 AND TO THE FULLEST EXTENT POSSIBLE UNDER LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE, OR REASONABLE RELIANCE UPON THIS WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THIS WEBSITE.
    5. SUBJECT TO THE PROVISIONS OF THE CONSUMER PROTECTION ACT, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OR SUITABILITY OF THE WEBSITE, THE CONTENT OR ANY INFORMATION CONTAINED IN IT.
    6. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Website or the Content. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at Your sole risk. We reserve the right, in Our sole discretion, to correct any errors or omissions in any portion of the Website and the Content.
    7. Information, ideas and opinions expressed on the Website and in the Content should not be regarded as professional advice or Our official opinion and You are strongly advised to seek professional advice before taking any course of action related to them.
    8. Whilst We take reasonable precautions in Our operation of the Website, neither Us nor Our agents or representatives will assume any responsibility and neither Us nor Our agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect Your computer equipment or other property on account of Your access to, use of or browsing of the Website or the Content or Your downloading of any materials, data, text images, video or audio from the Website or the Content. Any material downloaded or otherwise obtained through the use of the Website or the Content is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
    9. You acknowledge that any information contained in the Website or the Content may not be accurate or complete, and that the Website could include technical, typographical or other inaccuracies and You are urged to contact Your own professional advisors to confirm all information contained on this web site prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this web site. You further acknowledge that any assessment or reflection of the performance of any product and/or service available from the Website or the Content does not mean that such performance will be repeated or should be relied upon in any way.
    10. YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING AS A RESULT OF OUR NEGLIGENT (INCLUDING GROSSLY NEGLIGENT) ACTS OR OMISSIONS OR THOSE OF Our SERVANTS, AGENTS OR CONTRACTORS OR OTHER PERSONS FOR WHOM IN LAW WE MAY BE LIABLE, SHALL WE OR OUR SERVANTS, AGENTS OR CONTRACTORS OR OTHER PERSONS FOR WHOM IN LAW WE MAY BE LIABLE (IN WHOSE FAVOUR THIS CONSTITUTES A STIPULATIO ALTERI) BE LIABLE FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS, DAMAGE OR DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED (WHETHER ARISING UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE), INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPERATION TIME, CORRUPTION OR LOSS OF INFORMATION OR DATA AND/OR LOSS OF CONTRACTS SUSTAINED BY YOU, YOUR DIRECTORS, SERVANTS, DEALERS OR CUSTOMERS, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT, SERVICES OR PRODUCTS
  14. Disclaimer of Warranties

    1. Unless otherwise specified in writing, this Website and all information, Content, materials, Products (including software) and Services included on or otherwise made available to You through this Website are provided by Us on an “AS IS” and “AS AVAILABLE” basis. Furthermore, unless otherwise specified in writing, We makes no representations or warranties of any kind, express or implied, as to the operation, availability or utility of this Website or the information, Content, materials, Products (including software) or Services included on or otherwise made available to You through this Website. You expressly agree that Your use of this Website is at Your sole risk, and that You accept full responsibility for any consequence of Your use of this Website.
    2. To the maximum extent allowed by law, We disclaim all warranties, express or implied, relating to fitness, quality, or safety of the Products, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You agree that We and Our subsidiaries and affiliates (and each of their respective officers, directors, employees, contractors, and representatives) shall not be liable to You for any damages of any kind arising from the use of the Products You purchase.
  15. Limitation of Liability

    1. We provide a limited warranty related exclusively to its storage, handling and delivery any Products physically in Our possession. You acknowledge and agree that We shall not be responsible for any loss, damage to, or delay in delivery of the Products, unless caused by Us in the process of storing, handling, or delivering Products that are physically in Our possession. We shall have no liability for any delays or failure to ship in the event that any Products You order are subject to Export controls, Import controls, sanctions, restrictions, regulations or laws such that the Products cannot be shipped to You at the address provided by You. In addition, We shall have no liability for damage or delay unless caused by Our gross negligence or intentional misconduct. Subject to the foregoing, Our liability shall not under any circumstances exceed the actual price paid by You for the Products. We shall have no liability whatsoever to You in the event that:
      1. the Products were not received by Us from the supplier (or in the case of a return, received from You) at Our facility in South Africa
      2. the Products were never in Our physical possession, or
      3. no contract was formed between You and Us, and
      4. where neither the supplier nor You are able to provide satisfactory proof of such receipt of the Products by Us.
    2. Notwithstanding the foregoing limited warranty, We shall not be liable for any indirect, consequential, special, incidental or punitive damages or losses, even if We have been advised of the possibility of such damages or losses.
    3. The cumulative limitation of liability in this section is supplemental, and therefore applies in addition to, any other limitations of liability in these Terms and Conditions. You agree that for any liability related to the Products and/or Your purchase of the Products, We shall not be liable or responsible for any amount of damages above the aggregate Rand amount paid by You for the purchase of said Products.
  16. Liability Exclusions

    1. To the maximum extent permitted by law, We will never be liable to You or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to Your use of the Website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Us or any person for whom We are responsible, and even if We has been advised of the possibility of such loss or damage being incurred.
    2. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. WE DO NOT SEEK TO LIMIT OUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW
  17. Indemnification

    1. YOU HEREBY INDEMNIFY US AND OUR OFFICERS, PRINCIPALS, EMPLOYEES, SERVANTS, AGENTS OR CONTRACTORS OR OTHER PERSONS FOR WHOM IN LAW WE MAY BE LIABLE (IN WHOSE FAVOUR THIS CONSTITUTES A STIPULATIO ALTERI) (“THE INDEMNIFIED PARTIES”) FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR USE OF OUR SERVICES, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF ANY NATURAL OR LEGAL PERSON.
    2. YOU FURTHERMORE AGREE TO DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE, AND TRANSACTION OR CONTRACT ARISING FROM YOUR USE OF THIS WEBSITE, OR ANY BREACH BY YOU OF THIS AGREEMENT, YOUR CONTRAVENTION OF ANY APPLICABLE LAW OR YOUR VIOLATION OF THE RIGHTS OF ANY PERSON.
  18. Links To and From External Websites

    1. Links to and from the Website to other websites belonging to or operated by third parties do not constitute an endorsement by Us of such linked websites or their contents nor do they constitute any association by Us with their owners or operators.
    2. We have no control over such linked websites and is not responsible or liable for any Content, goods or Services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such Content, goods or Services available on or through any such linked websites.
    3. We are not responsible for, and cannot guarantee the performance of, the reliability of, or the quality of goods and Services provided by, third-party suppliers, advertisers or others to whose websites We may link. Linking to a third-party website does not, and should not be considered to be, an endorsement by Us of that website, its Content or its owners.
    4. You agree that where You access linked websites, You do so entirely at Your own risk.
  19. Dealings With Third Parties

    1. Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from the Website are entirely at Your own risk and are solely between You and such third party 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.
    2. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern Your relationship with such third party.
    3. You agree that We shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with Your interaction, correspondence or business dealings with such third parties.
  20. Additional Terms related to the ECT Act

    1. By using the Website, You agree that these Terms create a binding agreement between Us and You, even though these Terms are wholly or partly in the form of a data message.
    2. You agree specifically that:
      1. The agreement will be treated as if it was concluded at Our physical address detailed in “Legal Service of Documents and Notices” below on the date on which You first made any use of the Website;
      2. An electronic signature is not required by You or Us for purposes of agreeing to these Terms. You agree that by using the Website or the Content this will be sufficient evidence of Your agreement to these Terms;
      3. Any data message sent by You to Us will be deemed to have been sent from Our physical address detailed in “Legal Service of Documents and Notices” below if neither Your usual place of business nor residence is located within the Republic of South Africa;
      4. Any data message sent by Us to You will be deemed to have been received by You at Our physical address detailed in “Legal Service of Documents and Notices” below if neither Your usual place of business nor residence is located within the Republic of South Africa;
      5. A data message sent by You to Us will only be treated as having been received by Us when an acknowledgement of receipt is sent by an individual who had authority to act on behalf of Us in respect of that data message; and
      6. If You do not receive a response within a reasonable period of time, then it shall be Your duty to follow such matter up with Us. We shall not be liable for any failure to respond.
      7. A data message addressed to You by Us shall be deemed to have been received by You as detailed in Section 23(b) of the ECT Act.
    3. This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa.
  21. Confidentiality of Data Messages

    1. We do not wish to receive confidential or proprietary information from You through this Website.
    2. Please note that any information or material sent to Us through the Website will be deemed NOT to be confidential.
    3. By sending Us any information or material, You grant Us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that We are free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.
  22. Disputes

    1. In the event that any claim, matter or dispute arises between You and Us arising out of or in connection with Your use of the Website, any agreements arising from Your use of the Website, including any Products or Services offered or provided, the Content or these Terms on any matter then the claim, matter or dispute may be finally resolved in accordance with the Expedited Rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation.
    2. The arbitration shall be held at Cape Town in the English language and shall be held immediately with a view to be completed within 21 (twenty one) days after it is demanded. You agree that the decision of the arbitrator in the arbitration proceedings shall be final and binding on You and may be made an order of court.
    3. We reserve the right to deal with any claim, matter or dispute in a forum of Our choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms. You agree that We are entitled, but are not obliged, to institute any proceedings arising out of or in connection with these Terms or Your use of the Website or of the Content, in any Magistrates’ Court in the Republic of South Africa having jurisdiction over You, even though the cause of action in question exceeds the jurisdiction of that court.
    4. Notwithstanding the above provisions, We shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or to collect any outstanding debts due and payable by You to Us.
  23. Governing Law

    1. This Website is hosted, controlled and operated from the Republic of South Africa. The parties agree that these Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
  24. Legal Service of Documents and Notices

    1. We choose the following addresses and contact details for service and/or receipt of any communications under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature and for any purpose:
      1. Postal delivery: PO Box 714, Velddrif, 7365, Western Cape, Republic of South Africa
      2. Email: legal@intertel.co.za
      3. Fax: 086 603 3086
  25. Severability

    1. These Terms and Conditions state the entire agreement between You and Us, although nothing in this section shall operate to exclude any representation made by Us fraudulently. If any term or condition herein shall be held to be invalid, void, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, that condition shall be deemed severable, and the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired and shall remain valid and enforceable. You and Us agree that it is Our mutual intent that these Terms and Conditions, including without limitation any limitation of liability and indemnification clauses herein, be enforced as written, but otherwise to the maximum extent allowable by law.
    2. Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Terms, without invalidating the remaining provisions of these Terms.
  26. Monitoring of Communications

    1. You give Your express consent for Us to monitor Your internet and e-mail traffic on the Website servers and domains. You acknowledge that We monitor internet and e-mail traffic on these various Website servers and domains primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms and:
      1. To maintain the integrity and security of the Website and Our information technology systems;
      2. To investigate and detect any unauthorized use of the Website and Our information technology systems; and
      3. As an inherent part of and to secure the effective operation of the Website and Our information technology systems.
  27. Termination

    1. If You breach any of these Terms, We may immediately, automatically and without notice to You, terminate Your use of and access to the Website, and/or prohibit Your future access to use of the Website, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of Our rights in this regard are expressly reserved.
  28. Costs

    1. You accept that any costs, including legal costs on the attorney and own client scale and value-added tax, incurred by Us arising out of Your Use of the Website, the use of Our Services, Products or the Content, or a breach of these Terms, will be borne by You.
  29. Whole Agreement

    1. These Terms, together with any additional or supplemental terms and conditions referenced in these Terms constitute the whole agreement between You and Us relating to Your access to, and use of the Website and Services.
    2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which We may show, grant or allow You shall operate as an estoppel against any party in respect of its rights under these Terms nor shall it constitute a waiver by Us of any of Our rights and We shall not thereby be prejudiced or stopped from exercising any of its rights against You which may have arisen in the past or which might arise in the future.
  30. Content

    1. We take reasonable steps to ensure that the Content published on this Website is as accurate as possible at the time of writing. Despite Our efforts to provide useful and accurate information, misprints, inaccuracies, omissions (including incorrect specifications for Products) or other errors may sometimes occur. We therefore cannot and does not warrant that Content on this Website is, or will always be, accurate, complete, reliable, current, or error-free, or that Products referred to or featured on this Website will be available when ordered or thereafter. Consequently, You should always confirm any facts that are important to Your decision prior to ordering any Product from this Website. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the Content of this Website.
    2. We reserves the right to:
      1. correct any error, inaccuracy or omission at any time without prior notice or liability to You or any other person;
      2. change, at any time, the Products advertised or made available for sale on this Website, the prices, descriptions and specifications of such Products and any other Content without any notice or liability to You or any other person;
      3. reject, correct, cancel or terminate any order, including accepted orders for any reason and
      4. limit quantities available for sale or sold.
  31. Offers

    1. Nothing on this Website, including any promotions, advertisements or opportunities is intended to be, or shall be construed as being, an offer by Us to sell anything to You. Such promotions, advertisements or opportunities are invitations to You to make an offer to purchase a single Product or any number of Products (“Products”) from this Website. You will signify Your intent to make an offer by placing an order for the Products You wish to purchase.
  32. Orders

    1. Your order constitutes an offer to Us to make a Purchase. All orders are subject to acceptance by Us. We are not obliged to accept and/or process Your order and may, at Our sole discretion, decline to accept and/or process Your order. You do, however, acknowledge that by clicking on the Checkout button to make a purchase, that You are entering into an obligation to pay for Your order in the event that Your order is accepted by Us.
    2. Upon successful verification by Us of the authenticity and sufficiency of Your payment or the payment information You provide, We will purchase the Products from Our Supplier for the sole purpose of reselling the Products to You. You acknowledge that if We are unable to automatically or electronically verify the authenticity and sufficiency of Your payment or the payment information You provide, that We may contact You, Your financial institution or card issuer and/or take other actions to confirm Your identity and/or Your intent to place the order or Your propensity to pay for that order.
  33. Acceptance

    1. We have not accepted Your Order until You have been notified of Our acceptance of Your order or until Your Products have been dispatched to You. We makes no commitment of any kind to provide the Products to You and no contract is formed between You and Us in respect of the Products until We has accepted Your Order and either received the Products that You ordered from the Supplier or has confirmed that the Products have been dispatched directly to You by the Supplier. We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at its sole discretion.
  34. Product Descriptions

    1. If a Product purchased by You is materially different to its published specifications and/or does not function or provide the same benefit as described on this Website then Your sole remedy is to return that Product to Us, in an unused condition, and subject to Our Terms and Conditions of Sale. This excludes any Products that are not eligible for return, such as downloadable or digitally delivered Products.
  35. Images, Videos and Documents

    1. The physical appearance of a Product may differ slightly, and in rare cases, it may differ considerably, from the images published on this Website. This is usually due to changes made by the manufacturer since the images were first published. These differences should only be cosmetic or aesthetic in nature. In other words, they should not change the capabilities or functions of the product – merely its outward appearance – for example, its color or shape. In the event that a product supplied to You does not resemble the product displayed on Our Website, We ask that You contact Us immediately, providing photographs of the received product from all angles (top, bottom, front, back, left and right sides). We will immediately contact the manufacturer to clarify whether the product supplied is not perhaps a newer model or version of the product published on Our Website, and also that its specifications are either the same or better than the product published on Our Website. In the event that the product supplied to You is not only different in appearance, but does not meet the specifications of the product You purchased then You may return the product to Us or exchange it for a different product. In those rare cases where the physical appearance of the product is a key factor, such as for a wall clock that is expected to be of a certain style to blend in with the surrounding decor, We will accept a return of the product subject to the following, even though its specifications might differ: (1) that the product is not used, (2) that its packaging is opened only to the extent needed to determine that the product is different in appearance, (3) that We are notified within 24 hours of the issue and (4) that all accessories, packaging and parts are returned together.
  36. Software

    1. Software applications, including web-based Services, mobile apps and computer programs, may be subject to certain minimum system requirements, may only be compatible with certain types of devices or operating systems, or may require third-party software or hardware in order to function. In such cases, any prerequisites, minimum system requirements or compatibility-related information relevant to a particular Product will be included in that Product’s description. You are therefore entirely responsible for ensuring that You possess the relevant hardware, software, system or resources required for that Product to work as described. Where a Product includes such minimum system requirements, compatibility or other requirements, it is vital that You confirm its suitability for use prior to ordering. We will only accept responsibility for Your inability to use a product if We have failed to mention the compatibility or other requirements of the product in question.
  37. Prices

    1. All prices and other amounts appearing on this Website are quoted in South African Rand. While We may provide currency conversion tools on Our Website, the converted amount may differ from the amount that You will be required to pay. This is primarily because exchange rates fluctuate over time, but also because Our bank and/or payment processing intermediaries may offer slightly different exchange rates depending on the nature of their business. A product payment will only be considered paid in full once the South African Rand amount as published on Our Website is received by Our bank.
  38. Non-Commercial Use

    1. The Products available for Purchase from this Website are intended for non-commercial use only, and the purchase of any Products for resale purposes is prohibited.
  39. Export Controls

    1. by agreeing to Our Terms and Conditions, You are certifying that any Products purchased will not be re-exported, sold, or transferred in violation of any applicable laws, including the export controls or other regulations, sanctions or embargoes that might exist in or be imposed upon Your country or jurisdiction.
  40. Title to the Products

    1. We purchase and takes title to the Products from the Supplier to fulfill Your order. Title of the said Products shall transfer from Us to You at the time We ship the Products to You from Our facility in South Africa, provided full payment of all sums due in respect of the Products has been received. In some cases, the Supplier may act as Our shipping agent or facilitate delivery of the Products to You. In such cases, the title to the Products will transfer to You at the time of shipment from the Supplier’s facility provided full payment of all sums due in respect of the Products has been received.
  41. Customs, Duties, Taxes and Collection Fees

    1. All tangible Products available on this Website are manufactured and/or originate from suppliers in North America, Europe and Asia. Consequently, any Products purchased from South Africa or any other country other than the country of origin of said Products, will be imported. As a result, such Products will require customs clearance and may be subject to duties, taxes and other fees that may be imposed by the shipper, broker, the customs authority of the destination country or any other authorized party (collectively, “Import Fees”). We have no control over the Import Fees or customs clearance process and cannot predict the final amount of Import Fees related to Your purchase. You should contact Your local customs office for further information on the import taxes and customs duties that may be applicable to Your purchase.
    2. With regard to the importation of Products, Our role is that of a facilitator only. In other words, We will facilitate the purchase and delivery of the Products to You, but You will be the Importer of Record (or Consignee, as applicable). You must comply with all laws and regulations of the country into which the Products are being imported and/or delivered. It is Your sole responsibility to know and understand the laws in the country into which You are receiving the Products, and by purchasing any Products, You are acknowledging that Your purchase, importation, possession and use of said Products does not and should not violate any laws or regulations in the destination country.
    3. Failure by You to pay import taxes in a timely manner may not only cause delays but may also put You at risk of potential liability for taxes and other fees which will be for Your account.
    4. If You (or the recipient) refuses or fails to accept the delivery of the Products, refuses or fails to pay import fees, and/or attempt to return the Products to avoid paying import fees:
      1. You will be responsible for all charges resulting from said refusal or failure to pay import fees (such as costs for shipping and handling back to the supplier and any other fees resulting, directly or indirectly, from Your failure to pay the import fees);
      2. subject to Your consumer rights, You understand that all sales are final and that We are not required to refund You the cost of the Products, but We may do so in certain cases, either at Our sole discretion or as required by law;
      3. You are still responsible for all actual import fees;
      4. You will not request that We or any other entity reimburse You for any import fees paid;
      5. You may have the option (depending on local laws and regulations) to be reimbursed by a governmental or other authority for some or all of the actual import fees (and You should contact the local customs office for more information on this), but You (and not Us or any other entity) will be responsible for taking action to try to be so reimbursed;
      6. if We (or the shipper, broker or other entity) in Our sole discretion decide to attempt to deal with the import fees directly with a governmental or other agency, We will no longer hold You responsible for the import fees;
      7. any portion owed to You (after accounting for the items discussed above) will be refunded to You and
      8. any portion owed to Us (after accounting for the items discussed above), that We have not already collected from You, will be billed to You through Your initial method of payment.