10.1. We respect your privacy and will take all reasonable measures to protect it.
10.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to :
10.2.1. Your name and surname;
10.2.2. Your email address;
10.2.3. Your gender; 10.2.4.
Your mobile number; and
10.2.5. Your date of birth
10.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
10.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
10.5. Subject to clause
10.6 below, we will not, without your expressed consent:
10.5.1. use your personal information for any purpose other than as set out below:
10.5.2. in relation to the ordering, sale and delivery of Goods;
10.5.3. to contact you regarding current or new Goods or services or any other Goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
10.5.4. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
10.5.5. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
10.5.6. disclose your personal information to any third party other than as set out below:
10.6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
10.7. We will –
10.7.1. treat your personal information as strictly confidential;
10.7.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
10.7.3. provide you with access to your personal information to view and/or update personal details;
10.7.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
10.7.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
10.7.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
10.7.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10.8. HAP undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, HAP reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10.9. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
10.10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than HAP, HAP shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.
10.11. This Website makes use of “Cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. 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. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “Cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 10.
Linked third party websites
11.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and HAP is not responsible for the practices and/or privacy policies of those Third Party Websites or the “Cookies” that those sites may use.
11.2. Withstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Notices
12.1. HAP hereby selects 137 Eloff Street Extension, Selby, Johannesburg, 2001 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). HAP may change this address from time to time by updating these Terms and Conditions.
12.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving HAP not less than 7(seven) days’ notice in writing.
12.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
12.3.1. by hand will be deemed to have been received on the date of delivery;
12.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
12.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
12.3.4. by email will be deemed to have been on the date indicated in the “read receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
HAP information
For the purposes of the Electronic Communications Act 36 of 2005, HAP’s information is as follows, which should be read in conjunction with its Goods descriptions and other terms and conditions contained on the Website:
13.1. Full name: HAP CC, a company registered in South Africa with registration number 2002/039868/23
13.2. Main business: HAP is an online retailer/wholesale to retailers and supply, directly/indirectly to their customers of a range of Goods and service.
13.3. Physical address for receipt of legal service (also postal and street address): 137 Eloff Street Extension, Selby, Johannesburg, 2001 (marked for attention: Management and Legal)
13.4. Phone and or Facsimile number: 011 493 8303
13.5. Official email address: HYPERLINK “mailto:info@nutmania.co.za” info@HAP.co.za
Electronic communication
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 10 above.
Ownership and copyright
15.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of HAP, its advertisers and/or sponsors and/or is licensed to HAP.
15.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
15.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at [011 493 8303] or e-mail [ HYPERLINK “mailto:sales@nutmania.co.za” sales@HAP.co.za].
15.4. Where any of the Website Content has been licensed to HAP 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 third party terms and conditions.
Disclaimer
16.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
16.2. Whilst HAP takes reasonable measures to ensure that the content of the Website is accurate and complete, HAP makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
16.3. HAP disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
16.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
16.5. Any views or statements made or expressed on the Website are not necessarily the views of HAP, its directors, employees and/or agents.
16.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, HAP also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of HAP, its employees, agents or authorised representatives.
16.7. HAP thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Limitation of liability
17.1. HAP cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of HAP, its employees, agents or authorised representatives. .
17.2. HAP shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
17.3. You hereby indemnify HAP against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
Governing law and jurisdiction
18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2. In the event of any dispute arising between you and HAP, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.