Arcadia Online Terms and Conditions - test
- This website can be accessed at arcadiaonline.co.za and arcadia.co.za(“the Website“) and is made available by Arcadia Online a division of Arcadia Home Shopping, registration number 1990/005437/07 , a limited liability private company incorporated in the Republic of South Africa and having its registered address at the corner of Okavango & Old Paarl Road Brackenfell, Cape Town, South Africa (“the Company“, “we“, “us” and “our“).
- These Website Terms and Conditions (“Terms and Conditions“) govern the sale of Goods (as defined below) and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person (“you“; “your” or “user“) that accesses or uses this Website or registers as a user as contemplated below. By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for an extensive range of goods including home, lifestyle, outdoor, sports, kitchenware, electronics and health and beauty products. (“Goods“).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of the Company or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify the Company or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the Company in terms of the CPA.
- The Company permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Only registered users may purchase Goods on the Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to the Company. You acknowledge that you will use your unique username and password to access the Website and to purchase Goods.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever purchasing Goods, failing which you will be denied access.
- You agree that the Company will accept and process your order for Goods once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of the provisions of clause 16 (CANCELLATION AND REFUND).
- You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
- The contents of the Website, including any material, information, 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 the Company, its advertisers and/or sponsors and/or is licensed to the Company.
- You will not acquire any right, title or interest in or to the Website or the Website Content
- Where any of the Website Content has been licensed to the Company 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.
- 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.
- Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company 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.
- The Company 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.
- 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 merchant ability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- The Company, its subsidiaries and its employees disclaim any liability against any damages direct, indirect, incidental, special or consequential be it injury, loss, claim or damage which may be suffered by yourself or any third party arising in any way as a result of your or any third party misuse / abuse or error when using one of our products sold, given or offered on the website
- Any views or statements made or expressed on the Website are not necessarily the views of the Company, its directors, employees and/or agents.
- This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding 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.
- We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
- 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 -
- your name and surname;
- your email address;
- your physical address;
- your gender;
- your mobile number; and
- your date of birth.
- your identity document number
- 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.
- 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.
- The purposes for which we will use your personal information are as follows:
- in relation to the sale and delivery of Goods;
- to contact you regarding current or new products or services (provided you have consented to receiving such marketing material);
- to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material); and
- to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
- The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is -
- required in order to comply with applicable law, order of court or legal process served on the Company; and/or
- disclosure is necessary to protect and defend the rights or property of the Company.
- We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
- We will -
- treat your personal information as strictly confidential;
- 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;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
- We will 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.
- The Company undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, the Company 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.
- 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.
- The Company 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 the Company, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com or by contacting us on 086 027 2234 Monday to Thursday between 08:30 and 17:00 and Friday's between 8:30 and 16:00.
- THE COMPANY 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.
- YOU HEREBY INDEMNIFY THE COMPANY, ITS SUBSIDIARIES AND ITS EMPLOYEES AGAINST ANY DAMAGES DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL BE IT INJURY, LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY AS A RESULT OF YOUR OR ANY THIRD PARTY MISUSE / ABUSE OR ERROR WHEN USING ONE OF OUR PRODUCTS SOLD, GIVEN OR OFFERED ON THE WEBSITE
- YOU HEREBY INDEMNIFY THE COMPANY 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.
We use analytics tools and other third party technologies, such as Google Analytics and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use our online Sites and/or Services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.
The third party analytics companies who collect information on our Sites and/or Services and other online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.
In addition to our use of technologies as described herein, we may permit certain third party companies to help us tailor advertising that we think may be of interest to you based on your use of Arcadia Online Sites and/or Services and to otherwise collect and use data about your use of Arcadia Online Sites and/or Services. For more information about this practice, please see the “Third Party Advertising Technologies” section below.
You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions.
You can choose to prevent the site from accessing this information by disabling your cookies in your browser options. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of the site, and we recommend that you leave them turned on.
We take reasonable measures, including the implementation and maintenance of physical, electronic, and managerial procedures, in an effort to assure the security, integrity, and accuracy of all Personal Information that we collect. Our efforts include procedures designed to avoid unauthorized access, alteration, misuse or disclosure of Personal Information.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Arcadia Online Sites and/or Services covered by this Policy and providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your account information and usage.
As discussed above, you can always choose not to provide information on line. That means you can still browse through our site, look at our special offers and other products, but place your orders in a more conventional manner. Contact us to order by phone, fax or email. Please Note: Payment must still be made via one of the options available on the Payments Options page.
If you do not want to receive e-mail or other mail from us, you can also opt to be removed from our mailing list at any point in time.
If you have questions about this policy, please feel free to contact us at:
Corner of Okavango & Old Paarl Road
Brackenfell, Cape Town, Western Cape
Phone: 086 027 2234
Fax: (021) 981 0828
Mail: PO Box 496, Brackenfell, 7561
Effective Date: August 28 , 2014