- Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
Part A: General Information
- "We" are Vavavox (Pty) Ltd and "us" and "our" have a corresponding meaning herein.
- We are a juristic person established in accordance with the laws of the Republic of South Africa with registration number 2013/070108/07
- Details of persons comprising the directors of the company are available at firstname.lastname@example.org
- Our postal address is 13 Timberon Street, Paarl, 7646.
- Our physical address is at 13 Timberon Street, Paarl, 7646.
- Our telephone and facsimile numbers are Tel: +27(0) 83 454 4590 and Fax: +27(0)86 731 9637.
- Our email address is email@example.com
- Our webmaster can be contacted at firstname.lastname@example.org
YOU ARE RESPONSIBLE FOR ASCERTAINING WHETHER OR NOT OUR SERVICES ARE SUITABLE FOR YOUR REQUIREMENTS. OUR SERVICES ARE PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK AND SHOULD BE INDEPENDENTLY VERIFIED. IN NO EVENT WILL WE BE LIABLE FOR ANY INJURY, EXPENSE, LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, AND YOU INDEMNIFY US AND OUR PERSONNEL AGAINST ANY AND ALL CLAIMS ARISING IN CONNECTION WITH SUCH RELIANCE OR USE.
General Conditions of Use for this Web Site
- We offer a free service whereby users are able to comment on and compare the services and products offered for sale by certain third party suppliers. We do not offer or sell any of these services or products. We are not an agent or representative for any such supplier, and we do not endorse or make any warranties or representations with respect to such services or products. If you should elect to acquire any services or product you may do so by placing an order directly with the relevant supplier thereof.
- Our web site does not purport to represent all suppliers of relevant services and products in the marketplace, and accordingly does not purport to provide an exhaustive comparative survey of the services and products available. The majority of information displayed on this web site constitute the subjective views and opinions of our users and, accordingly we also cannot guarantee that the information contained on our web site is error free or accurate. You acknowledge that it is your responsibility to verify the accuracy and completeness of any such information displayed on this site with the relevant supplier.
- You may not access this site for any purpose other than for accessing the information and utilizing the services offered on it in the normal manner for personal non-commercial purposes. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing.
- You may not use your access to this site in a manner that would bring us, our business and/or any of our personnel into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our web site that is unlawful or violates any third party’s rights or which is obscene, incites harmful behaviour, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, constitutes unsolicited commercial communications, or is damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
- We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
- Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.
- Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
- The downloading and use of information or data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
- You may be required to choose a user name and/or a password when registering with us, accessing restricted areas on our site or using some of our services in which case you will be required to agree to be bound by our Code of Conduct. You are responsible for keeping your login credentials secret. You accept that you will be personally liable for all activities conducted and transactions concluded using your login credentials. Please note that unauthorised access to any part of our web site, unauthorised modification of our content, and interference with the operation of our web site all constitute criminal offences.
- You may provide and we may collect certain information about you and your use of our web site and services. We will collect, process, use and disclose such information strictly in accordance with our Client Information Processing Policy.
- We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
- You are solely responsible for any and all costs that may apply to your access to and use of this web site and the services offered on it.
- You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties arising in connection with your use of our web site to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties arising from such use to a person or entity of our choice.
Complaints and Disputes
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit your complaint via email to our Web Administrator. We will try to do our best to resolve any problems that arise. We require that you provide us with the following as part of your complaint:
- Your full names, physical address, telephone number and email address
- The location and description of the service feature or transaction which is the cause of your complaint
- The problem with the service or transaction or rights that you allege to be infringed by such feature or component
- The actions you would like us to take to remedy the problem
- A statement confirming that you are making the complaint in good faith
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
- Please incorporate your signature into the complaint.
- Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent thereof, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
Part C: Accounts and Subscriptions
- You may be permitted to register a user account or subscribe to certain services offered on our website, which may enable you to post, be notified of and/or respond to reviews on our website, by completing and submitting our online subscription form to us in the prescribed manner.
- You must be over the age of 18 and able to conclude binding contracts to register a user account or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to submit a subscription form to us. If you do not comply with the aforesaid you may not register a user account with us. We may require you to provide us with suitable documents proving your age and/or legal capacity prior to subscribing you.
- If you purport to represent a supplier of products or services you must be duly authorised by such business or supplier to subscribe to our services and participate in the activities offered. We may require you to provide us with suitable documents proving such authorisation prior to subscribing you.
- All our subscribers will be subject to and must agree to abide by our Code of Conduct, which sets out our policies and rules for using our subscription services, including insofar as it pertains to the posting of reviews and for responding to such reviews.
- Our registration process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your request to register a user account. Please make sure that the details provided to us are correct before finally submitting the request.
- A legally binding contract will be formed with you upon our sending of such a confirmation notice confirming our acceptance of your subscription. We reserve the right not to accept or process your subscription request and we will notify you if this is the case.
- If you experience an error message or service interruption after submitting your subscription form, you should contact our Customer Care Centre to resolve the problem. Only you may be aware of any problems that have occurred during the subscription process and it is your responsibility to alert us of any errors that have occurred.
- The information you have submitted with your subscription form will generally be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact our Customer Care Centre immediately.
- A complete record of your subscription will be sent to the email address you provide to us on the subscription form. You should retain such record. We will also retain records of your subscription for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact our Customer Care Centre.
Description and Pricing
- Some of our subscription packages may involve a subscription fee. The subscription packages to our services offered on this web site will be as stipulated on the web site and will describe the corresponding rights granted thereunder to post, be notified of and/or respond to reviews on our website. All subscription fees displayed on this web site are in South African Rand and are valid only for users in the Republic of South Africa. We may without prior notice change the fee, discontinue the availability or change the subscription packages that are offered via this web site. Special promotions may be subject to certain additional terms and conditions which will be clearly set out.
- Although we endeavour to procure that the subscription packages that appear on this web site are displayed and described completely and accurately, we do not warrant same and disclaim, to the maximum extent permitted by applicable law, any liability arising from any omissions and inaccuracies pertaining to such display and description.
- All fees indicated as applying to subscription packages on this web site will be inclusive of VAT but exclusive any other taxes and duties such as customs duties, which, unless otherwise indicated, will be charged separately.
- We will not be obliged to grant you access to our subscription services prior to receiving full payment of the full agreed amount payable for the relevant subscription package.
- You will be required to provide the necessary payment account details (such as credit card details) and to authorize payment of the amounts payable for the subscription package requested when submitting your subscription form. . By submitting your subscription form to us, you authorise us to debit your designated account with the relevant amounts due for the package ordered. Such authorization will allow us to obtain payment at any time after our after our acceptance of your subscription request. Should we be unable to duly effect such payment for any reason your subscription will be cancelled. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
- We may within our sole discretion cancel your user account and subscription with effect from the end of any calendar month by giving notice thereof to you. We may also suspend your use of your user account and of the subscription services at any time if you fail to adhere to our Code of Conduct.
- You may cancel your user account and subscription at any time with effect at the end of a calendar month by sending a cancellation notice to email@example.com or by contacting our Customer Care Centre on +27 83 454 4590. You may be required to provide such information as may be reasonably required to verify your identity and process your request.
- If your subscription is cancelled, any fees that have been prepaid in respect of calendar months following the cancellation date will be refunded to you.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY SUBSCRIPTION EXCEED THE FEE ACTUALLY RECEIVED FROM YOU FOR SUCH SUBSCRIPTION, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
Part D: Competitions
- Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:
All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.
The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents' or legal guardians' advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
The judges' decision will be final. We will not enter into correspondence about any result or decision.
All entrants' information will be used only in accordance with our Client Information Processing Policy.
Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
We reserve the right not to award a prize in any situation where it would be unlawful to do so.
Multiple winners may be subject to tie-break to decide an outright winner.
We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
Your name and place of residence may be published when winners are announced.
Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
No cash alternative is available to any prize unless expressly stated otherwise.
Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
- The prizes on offer
- The steps required to participate
- The basis for determining the winners
- The closing date
- How the winners will be made known
- Where, when and from whom prizes are to be claimed
- The address of the web pages where the competition rules and these terms can be obtained