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TERMS & CONDITIONS Supplying Africa welcomes you to supplyingafrica.com! The goal of the site supplyingafrica.com, including each web page of which it is composed (the Website), is to provide access to our wide selection of gifts, gift baskets and other products (the Supplying Africa Products). To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. It is important that you read and understand these Terms of Use. Please pay particular attention to the paragraphs rendered in bold font as they contain disclaimers that materially affect your rights. When you access this Website, you will be bound in law by the terms that appear on this web page, except for those terms appearing in paragraph 13 (which apply only when you choose to purchase Supplying Africa Products via this Website). When you choose to purchase any Supplying Africa Products via this Website, the terms set out in paragraph 13 will also apply to your purchase in addition to the other Terms of Use appearing on this web page. These terms represent an agreement between you, the person or entity accessing or using this Website or purchasing Supplying Africa Products via this Website, and Nogap Gifts (PTY) LTD (Registration number 2003/02569/08 (Trading as Supplying Africa). Throughout this Website Supplying Africa refers to this agreement between you and Supplying Africa as the Terms of Use. 1. WEBSITE TERMS OF USE Supplying Africa provides the information, services and opportunity to purchase Supplying Africa Products offered to you via this Website (the 'Services') subject to these Terms of Use. By accessing the Website or using any of the Services you are deemed to have agreed to these Terms of Use. Supplying Africa may at any time modify these Terms of Use and your continued access of the Website or use of the Services will be subject to the Terms of Use in force at the time of your use or access. Accordingly you agree to review these Terms of Use periodically, and your continued access of the Website or use of the Services shall be deemed to be your acceptance of the amended Terms of Use. 2. DISCLAIMER Supplying Africa shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to: * Your use of or reliance on any information provided on or via the Website; * Any e-mails sent from the Website; * Services provided via this Website; * Any viruses that may infect your computer or other property on account of your access to or use of this Website; * Use of content, data or information made available via the Website; * Any failure, delay or unavailability of the Website or any Services offered via the site for any reason whatever; * The supply, or failure or delay in supplying any of the Services offered via the Website; and * The breach of any of these terms of Use by you. You indemnify Supplying Africa, its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid. 3. CONTENT OF THE WEBSITE Whilst every effort is made to update the information provided on the Website on a regular basis, Supplying Africa makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. Supplying Africa reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only. Supplying Africa gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content. 4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS THIS Website is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials made available through this Website are owned by Supplying Africa, Alternatively, Nogap Gifts is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, an unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively 'Trademarks') displayed on this Website are registered and unregistered Trademarks of Supplying Africa, alternatively Nogap Gifts are the lawful users of the Trademarks of Nogap Gifts, alternatively Nogap Gifts are the lawful users of the Trademarks. Nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of Nogap Gifts. 5. EXTERNAL LINKS External links may be provided for your convenience, but they are beyond the control of Supplying Africa and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. NO hypertext links may be created from any Website whether controlled by you or otherwise to this Website without the express prior written permission of Supplying Africa. 6. CHILDREN If your are 18 years of age, you may use the Services offered via this Website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use the Services offered via this Website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of the Services. You agree to supervise all usage by minors of this Website under your name of account. 7. VERIFICATION 7.1 You acknowledge and agree that Supplying Africa shall be entitled to verify the identity of any person placing an order via this Website for any Supplying Africa Products. Supplying Africa will not be bound to carry out any order until it has verified the identity of the person lacing the order. 7.2 You acknowledge and agree that Supplying Africa shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet that purports to emanate form you. You agree that all instructions, orders, consents, commitments and any other communications which purport to emanate from you and which are sent to Supplying Africa by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Supplying Africa and you will be bound by such details with no liability of whatever nature attaching to Supplying Africa. 7.3 You waive any rights you may have or obtain against Supplying Africa arising directly or indirectly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Supplying Africa acts on your instructions or instructions purporting to emanate from you. You agree to and hereby indemnify Supplying Africa against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Supplying Africa has acted on your instructions or instructions which purport to emanate from you. 8. SYSTEM AVAILABILITY Supplying Africa strives to give 24- hour-a-day service every day of the year. Supplying Africa does not warrant, however, that the Website will be available each and every time you attempt to access it or use the Services. Supplying Africa reserves the right to suspend the operation of the Website. 9. WARRANTIES 9.1 You hereby warrant that every instruction and all information given by you to Girtwrap shall be accurate, true and complete. 9.2 You understand that, except for the 100% Satisfaction Guarantee discussed in paragraph 13.9 below, Supplying Africa makes no warranties, representations, statements (whether express, implied in law or residual) regarding the Website, any Services provided via this Website or the suitability of any of the Services for a particular purpose. As Supplying Africa provides certain Services to you via the Internet, Supplying Africa makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom you or Supplying Africa rely to provide any of the Services. 10. USE OF THE WEBSITE 10.1.1 You agree to be financial responsible for your use of this Website (as well as for use of your account by others, including without limitation any person under the age of eighteen years). 10.1.2 Any conduct by you that in Supplying Africa sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted. Your agree to use this Website in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any meterial that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts. 11. SUBMISSIONS BY YOU TO GIFTWRAP Supplying Africa is not responsible for your submissions or responses to Supplying Africa Gifts. Any product concepts or ideas submitted by you to Supplying Africa will be considered the property of Supplying Africa. Supplying Africa will not be responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas are used in promotions, marketing or products. 12. GIFTWRAP GIFTS STATEMENT OF PRIVACY 12.1.1 Your privacy is very important to Supplying Africa. To help protect your encourages you to carefully read the privacy policy. 12.2 Supplying Africa shall be entitled to disclose Personal Information if required to do so to (a) comply with applicable law or with legal process served on Supplying Africa; (b) to protect and defend the rights or property of Supplying Africa, and (c) for the purposes of distributing same to various third parties who are involved in the provision of the Services provided in accordance with these terms and conditions. 12.3 You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of 'cookies'. 'Cookies' are small text files a web site can use to recognize repeat users and facilitate the user’s ongoing access to the Website. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that you may not be able to purchase Supplying Africa Products via the Website if you disable the cookie feature. 13. TERMS APPLYING WHEN YOU PURCHASE GIFTWRAP PRODUCTS VIA THIS WEBSITE 13.1.1 When you choose to purchase any Supplying Africa Products via this Website, the terms set out in this paragraph 13 will also apply to your purchase in addition to the other Terms of Use appearing on this web page. 13.2 By entering the your personal details on this Website, you are deemed to be bound by these Terms of Use, including this paragraph 13. You may not purchase any Supplying Africa Products via the Website should you not wish to be bound by these Terms of Use and this paragraph 13. 13.2 Disclaimers 13.3.1 You understand that, except for the 100% Satisfaction Guarantee explained in paragraph 13.9, Supplying Africa makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any Supplying Africa Products, [including but not limited to the implied warranties of merchantability or fitness for a particular purpose.] [1] 13.3.2 While Supplying Africa makes every effort to ensure the accuracy of the content of the Website, Supplying Africa makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information on the Website. 13.3.3 Supplying Africa shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) arising in connection with the purchase, use or supply of Sale Products or any other Supplying Africa Products or the use or reliance upon any information published on the Website. 13.4 Sale and Purchase of Supplying Africa Products The Nogap Products that you purchase and that Supplying Africa sells to you are those you have chosen by clicking on the link ’Add to Basket’ and are then listed en the Shopping Basket (the 'Items'?). 13.5 Purchase Price for Sale Products The purchase price for the Items is the amount, in South African Rands (or currency selected), indicated under the heading 'Total’ in the Shopping Basket (the Purchase Price). 13.6 Payment of Purchase Price 13.6.1 You may choose to pay the Purchase Price through one of the following methods: 13.6.1.1 Credit card (Visa, MasterCard, Diner’s Club or American Express) via Mweb Safe Shop; 13.6.1.2 Direct deposit (only for clients in South Africa); 13.6.1.3 Bank transfer (only for select corporate customers in Gauteng); 13.6.1.4 Cheque on delivery (only for selected corporate customers in Gauteng); 13.6.1.5 Cash on delivery; or 13.6.2 Whichever payment method you choose, payment of the Purchase Price must be made, at the latest on the delivery of the Items to the address you specified. Supplying Africa reserves the right not to release the Items until it has received full payment of the Purchase Price. 13.7 Payments by credit card Should you choose to pay the Purchase Price by credit card, these provisions will apply: 13.8 Delivery of the Items 13.8.1 Supplying Africa will deliver the Items to the destination you have specified as Recipient Details provided such destination is within South Africa. 13.8.2 Supplying Africa prides itself on its record of efficient and timely delivery of Supplying Africa Products. The table below indicates guidelines of how long Supplying Africa usually takes to deliver to different destinations. Click here for Delivery Details. 13.8.3 While Supplying Africa will make every reasonable effort to ensure that the Items reach your specified destination on time, Supplying Africa cannot and does not warrant or represent that delivery will occur within the time requested or the times indicated on the delivery times table. 13.9 100% Satisfaction Guarantee 13.9.1 Supplying Africa guarantees the Items with its 100% Satisfaction Guarantee. The 100% Satisfaction Guarantee means that: * If you are not entirely satisfied with the Items you purchased; And * You let Supplying Africa know within 48 hours of delivery to you that you are not entirely satisfied with the Items; And * You return those Items to Supplying Africa; And * The Items you return are in substantially the same condition as when Supplying Africa delivered them to you; Then * Supplying Africa will, in Supplying Africas discretion, either refund you the Purchase Price you paid for those Items or give you Supplying Africa Products equivalent in value to those Items. 13.9.2 Apart from the 100% Satisfaction Guarantee, Supplying Africa does not provide any other warranties. 13.10 Products not listed on the Website These Terms of Use govern the sale via the Website of Supplying Africa Products listed on the Website. Should the Supplying Africa Products listed on the Website not suit your needs, please contact Supplying Africa on care@giftwrap.com or 08 61356877 and Nogap Gifts will be glad to consider your order. 13.11 Credit Approval Please note that Supplying Africa reserves the right to perform any credit-worthiness checks on you, should it choose to do so. If Nogap Gifts decides that you do not have sufficient credit-worthiness, Supplying Africa may require full or partial payment of the Purchase Price or other assurance from you before the Items are manufactured or dispatched. 13.12 Indemnity You indemnify Supplying Africa, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Items or any other Products, including without limitation their purchase, delivery, late delivery, non-delivery, or use. 13.13 Payment Default Should you not fully pay the Purchase Price for the Items you will be liable for all collection costs incurred by Supplying Africa, including, but not limited to, all reasonable attorney and collection agency fees. 13.14 Authority 13.14.1 By entering your details or details that purport to be yours and clicking on submitting those details, you represent that you have the required authority to enter into and accept these Terms of Use, including paragraph 13. 13.14.2 If you are under 18 years of age, you may purchase Supplying Africa Products only with the supervision of your parent or guardian. If you represent that you are of a sufficient age to legally purchase Supplying Africa Products via the Website you will be bound by any legal obligations that you may incur as a result. You agree to supervise all purchases under your name or account via the Website made by minors. 14. SOLE RECORD These Terms of Use are the sole record of the agreement between you and Supplying Africa and contain all of the provisions governing the relationship between you and Supplying Africa, in relation to the purchase by you of the Items, access of the Website or use of Services via the Website. 15. GENERAL 15.1 Any waiver of rights by you or Supplying Africa in terms of these Terms of Use must be in writing to be effective. No failure or delay on the part of Supplying Africa in exercising any right or remedy under these Terms of Use will operate as a waiver of that right or remedy. 15.2 These Terms of Use do not constitute an agreement of employment, partnership, joint venture or agency between Supplying Africa and you. Neither you nor Supplying Africa has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other. 15.3 You may not cede or delegate any rights or obligations in terms of these Terms of Use without the prior written consent of Supplying Africa. 15.4 Any amendment to these Terms of Use must be in writing signed by both you and Supplying Africa. 15.5 Any notice given by either you or Supplying Africa in terms of these Terms of Use must by in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to Supplying Africa must be sent to info@supplyingafrica.com. You and Supplying Africa may change address or facsimile number for purposes of these Terms of Use by giving the other written notice of its new address or facsimile number. 15.6 If any provision of these Terms of Use is or at any time becomes invalid, illegal or unenforceable, then that provision shall be severable from the other provisions of these terms of Use and the other provisions of these terms of Use shall continue to be of full force and effect. 15.7 Should any dispute or proceedings arise in connection with any matter related to these Terms of Use, any Services offered via this Website or the Sale Products, you and Supplying Africa consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and Supplying Africa shall have the right to institute proceedings in any other competent court. 16. GOVERNING LAW These Terms of Use will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws. |