CUSTOMER TERMS AND CONDITIONS (EFFECTIVE 1 JUNE 2021)
Klikd Co (Pty) Ltd (referred to as “the Company”, “our”, “we”, “us”)
YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS AND CONDITIONS AND ALL TERMS AND CONDITIONS OR POLICIES INCORPORATED HEREUNDER BY REFERENCE (I.E THAT ALSO FORM PART OF THESE) (“T&Cs”), INCLUDING:
1.1 This website is owned and operated by The Company and can be accessed at www.klikd.co.za and/or through related mobi-sites and software applications and any other portals specifically made available by the Company in relation to this e-commerce platform (the “Website”). 1.2 The Website is an e-commerce platform that enables you to browse and purchase an array of products products and/or services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to educational content on responsible social media use (“Goods”). 1.3 These Terms and Conditions (“T&Cs”) govern the ordering, procuring and delivery of all Goods on the Website (including all services related thereto) and are binding and enforceable between the Company ed and every person that uses the services on, browses, accesses, or becomes a registered user on the Website for whatever purpose (“you”, “your” or “User”, “Customer”). 1.4 Any reference to “the Company”, “we”, “our” or “us”, shall (to the extent legally permissible) shall include our directors, officers, employees, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
2. CONSUMER DISCLOSURES
2.1 These T&Cs contain provisions that:
2.1.1 limit our and/or other third parties’ liability towards you; 2.1.2 place certain assumptions of risk on you (including certain undertakings and indemnifications) towards us and/or other third parties; and 2.1.3 includes certain admissions of facts.
2.2 Nothing in these T&Cs is intended to contravene the applicable provisions of the Consumer Protection Act, 2008 or any similar legislation in any applicable jurisdiction. These T&Cs must be treated as being qualified, to the extent necessary, to ensure compliance with all applicable laws.
3. REGISTRATION AND USE OF THE WEBSITE
4. Ordering and Purchasing Goods
4.1 All Goods may be ordered either:
4.1.1 via the Website; or
4.1.2 directly from the Company in line with its ordering processes.
4.2 Orders via the Website
4.2.1 All Goods that you intend to purchase should be stored in your cart on the Website (“Cart”), prior to payment, by clicking “Add to Cart”.
4.2.2 The Goods you select together with their individual prices will be reflected in your Cart and will automatically be tallied as a total and will be inclusive of VAT (to the extent that VAT applies) but may not necessarily inclusive of any and all other applicable taxes.
4.3 Direct Orders and Bulk/Group Orders
4.3.1 Company quotations are not binding offers but merely invitations.
4.3.2 All orders for Goods need to be placed by you in writing, in accordance with the Company’s standard processes.
4.3.3 A binding agreement for the provision of Goods (“Accepted Order”) shall only come into effect upon the Company’s acceptance of an order.
4.3.4 Payment shall be made in full to the Company and without any set off, deduction or withholding within 30 days of the date of the Company’s initial statement relating to an order, unless expressly otherwise stated on the Company’s s official tax invoice.
5. Payment of Goods
5.1 You may select to pay for the Goods via the following methods (where applicable):
5.1.1 Credit Card;
5.1.2 Debit Card; and/or
5.1.3 Electronic Funds Transfer (“EFT”) or Bank Transfer.
5.2 All payments must be made net of any charge or applicable taxes.
5.3 We may require additional information in order to authorise and/or verify the validity of your payment. In such cases we will be entitled to withhold delivery until such time as the additional information is received and/or authorisation is obtained by us for the full amount/s in question. If we do not receive such authorisation your order will be cancelled. 5.4 You warrant that you are fully authorised to use your selected payment method and have sufficient funds available to cover the costs of procuring the Goods and services.
6. DELIVERY OF GOODS
6.1 The Goods shall all be delivered digitally and/or in person.
6.2 All digital Goods shall be delivered via a download link on the Website or log in details sent to you via email.
6.3 Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.
7. Warranties by Company
7.1 Except for any express warranties in these T&Cs, the Services are provided “as is” and we make no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. 7.2 Further we make no representation or warranty (express or implied) that the Website or Services will meet a User’s needs or be accurate, complete or current.
8. WARRANTIES BY THE CUSTOMER
8.1 To the extent applicable:
8.1.1 You warrant that you are authorised to enter into this Agreement and to bind the Customer;
8.1.2 You confirm you are aware that the Goods are aimed towards end users who are/may be minors and/or require parental approvals or consents;
8.1.3 in procuring the Goods, you warrant that to the extent any additional legal approvals or consents are required (for example parental or guardian consents) you shall be responsible for and have obtained all the necessary consents and approvals required by law; and
8.1.4 you hereby indemnify the Company against any loss, claim or damage, of whatsoever nature that arises from your breach of any of the provisions of these T&Cs and/or the absence of any mandatory approvals or consents.
9. RETURNS AND CANCELLATION OF AN ORDER
9.1 Subject to applicable law, the Customer may not cancel any order or reject delivery of or return any Goods without the prior written consent of the Company (which remains at the Company’s sole discretion. The Company shall be entitled to impose reasonable terms and conditions (including charging a reasonable fee) when consenting to the cancellation of any order or the return of any Goods
10. PERSONAL INFORMATION
11. LIMITATION OF LIABILITY AND INDEMNITY
11.2.1 the Company’s liability, howsoever, arising, shall be limited to the received order value for the Goods to which the liability relates; 11.2.2 the Company shall not be liable for any direct, indirect, incidental, punitive, special or consequential loss or damages; 11.2.3 you hereby indemnify the Company against any loss, claim or damage, of whatsoever nature, which may be suffered by yourself or any third party, arising from your use of the Website and/or which exceed our limitation of liability and/or arises from your breach of any of the provisions of these T&Cs or our policies.
11.3 As far as is legally permissible, we exclude all implied warranties and representations that might apply in relation to the use of the Website and our Services.
12. BREACH AND TERMINATION
12.1 If either Party commits a breach of the T&Cs and fails to remedy such breach within 21 (twenty one) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the T&Cs and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance. 12.2 the Company, may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or any User’s right to use the Website or any of its services or contents subject closing out any pending orders that have already been placed.
13. FORCE MAJEURE:
13.1 The failure of either Party to fulfil any of their obligations under these T&Cs shall not be considered to be a breach of, or default of these T&Cs provided that such inability arises from an event of Force Majeure, and either of the Parties who may be affected by such event has taken all reasonable precautions, due care and reasonable alternative measures to meet these T&Cs and has informed the other, as soon as is reasonably possible, about the occurrence of such an event. 13.2 During the subsistence of the Force Majeure, the performance of both Parties under these T&Cs shall be suspended, on the condition that either of them may elect to cancel any services should the event of Force Majeure continues for more than 21 (twenty-one) days by giving written notice to the other.
14. COPYRIGHT AND INTELLECTUAL PROPERTY
15. LAW, JURISDICTION, ARBITRATION
15.1 This Agreement is subject to the substantive laws of South Africa. 15.2 Nothing in this clause shall preclude either party from seeking urgent interim relief or summary judgement from any South African court or a body of competent jurisdiction. 15.3 In the event of any dispute arising out of or in connection with these T&Cs the Parties agree that they shall use their best endeavours to informally resolve the dispute, informally, within 21 (twenty one) days of the dispute having been raised in writing. 15.4 If either Party provides written notification to the other that such informal resolution attempt has failed, then either of them may refer the matter to be settled by arbitration. The Parties may agree on the arbitration procedure and, failing agreement within 10 business days of the aforementioned written notice, the arbitration shall be conducted in accordance with the the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA. 15.5 The arbitration shall be held in Johannesburg. The number of arbitrators shall be one and shall be a South African qualified advocate or attorney of at least ten years’ experience, as agreed to between the Parties, failing which an arbitrator appointed by a local appointing arbitration authority. 15.6 The arbitration award shall be final and binding on the parties and shall not be subject to appeal. 15.7 You shall be liable for all costs incurred by us in the enforcement of any rights under this Agreement.
16. NOTICES FOR LEGAL SERVICE AND CONTACT INFORMATION (DOMICILIUM CITANDI ET EXECUTANDI)
16.1 For the purposes of legal proceedings and for giving or sending any notice the parties choose the following:
16.1.1 the Company: email@example.com (for the avoidance of doubt the Company has not listed a physical address and consents to electronic service); and 16.1.2 You: the address/es specified when you register on the Website or register with the Company on an order form.
16.2 The Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium. 16.3 All notices given under these T&Cs must:
16.3.1 be given in writing; 16.3.2 be sent by email (in both cases with proof of a delivery receipt); and 16.3.3 will be presumed to have been received on the date of the delivery receipt.
17.1 These T&Cs (including all incorporated policies) constitute the whole agreement between the Parties and no variation, addition, deletion, or agreed cancellation of these T&Cs will be of any force or effect unless reduced to writing and signed by both Parties- save for any amendment as per clause 17- which shall be deemed to be agreed and signed by both Parties. 17.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&Cs to any third party. 17.3 Any failure by us to enforce any of our rights in terms hereof shall not constitute a waiver. Any indulgence, extension of time, relaxation or latitude by a party to the other shall not constitute a waiver of that Party’s rights. 17.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. 17.5 No remedy hereunder is intended to be exclusive of any other remedy that is otherwise or may in future be available under any law.
18.1 We may amend these T&C and/ or any of the documents incorporated hereunder by reference from time to time. 18.2 Any such amendment will come into effect and become part of any agreement you have with the Company when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.