Last updated: 31 October 2022
INTRODUCTION
These Terms of Use (“the Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Gibson Technologies Proprietary Limited (“we,” “us” or “our”), concerning your access to and use of the www.store.gibsontech.co.za website (“the Website”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By using the Website and by clicking on the “CREATE AN ACCOUNT” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by the Terms.
If you do not agree with the Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Terms at any time and for any reason.
It is your responsibility to periodically review the Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms were posted. We will update the “Last updated” date of the Site after a change and you waive any right to receive specific notice of any such changes
If there is any provision in the Terms that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms or continue using the Website.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
The Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
The Terms contain provisions which –
may limit the risk or liability of Gibson Technologies or a third party; and/or
may create risk or liability for you; and/or
may compel you to indemnify Gibson Technologies or a third party; and/or
serves as an acknowledgement, by you, of a fact.
Nothing in the Terms 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 us in terms of the CPA.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in the Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REGISTRATION
When registering on the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
4. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with the Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
your use of the Site will not violate any applicable law or regulation.
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 us (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 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 from us.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
CONCLUSION OF SALES, PRODUCTS AND AVAILABILITY OF STOCK
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. Please enquire about availability of the products you are interested in to allow us to advise you if there are any waiting periods. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Registered users may place orders for products, which we or our supplier may accept or reject. Whether or not we or our supplier accepts an order depends on the availability of products, correctness of the information relating to the products (including without limitation the price) and receipt of payment or payment authorisation by us for the products.
We or our supplier will indicate the acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will an agreement of sale between you and us or our supplier come into effect (the “Sale”). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
No order shall be capable of being cancelled after payment is received by us and notice of delivery is dispatched to the Customer, unless specifically agreed to by us in writing and at Gibson Technologies’ sole discretion. After delivery or your collection of the products, you may return the products only in accordance with the Returns Policy.
Placing products in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold us or our supplier liable if such products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. In the case of products for sale by us, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such products.
In the case of products for sale by our supplier, we rely on inventory information supplied by the relevant supplier and as such, we accordingly bear no liability for any inaccuracies in the information supplied to it. Consequently, should you order any products that are sold-out, we will process a refund for the relevant Items. Should you order any products from our supplier which are in fact sold-out, any resulting dispute should be resolved between you and the relevant supplier.
An order will only be deemed to have been placed when the payment information has been processed and we have received the payment.
All transactions are subject to the availability of goods or products and we shall not reserve any items for any particular purpose save for the fulfilment of a complete order, as provided in clause 7.
The prices quoted are subject to change pursuant to any increase in the cost price including currency fluctuations. In that event, the unit price per item shall be as indicated in the final “checkout” phase of the transaction save for good faith errors.
6. PURCHASES AND PAYMENT
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. Customer details will be stored by Gibson Technologies separately from card details which are entered by the Customer on PayFast’s secure website. For more detail on PayFast refer to www.payfast.co.za.
Whether the products are for sale by us or our supplier, payment may be made for products via the following methods (depending on its availability and/or your eligibility to use such a method) -
debit or credit card; we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the products will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the products. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. We will not accept your order before payment reflects in our bank account.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the products.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All advertised and/or invoiced pricing, shall be in South African Rands, unless otherwise agreed by the parties in writing, with the final “checkout” price including Value Added Tax. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
DELIVERY OF PRODUCTS
We offer 2 (two) methods of delivery of purchased products to you. You may elect delivery via:
courier; or
self-collection.
Where we accept your order, we or our supplier will deliver the products to you as soon as reasonably possible. We will notify you if we are unable to deliver the products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the products. If you elect to cancel your order, we will reimburse you for the purchase price. Once we receive your cancellation, we will process your refund within 5 – 7 business days. Depending on your bank’s processing time, it may take up to 3 days after we process your return to reflect on your account.
You shall take delivery of the goods at Gibson Technologies’ offices. For the purpose of delivery, we will utilise the services of a third-party delivery and/or courier company. In that event:
delivery shall take place at our premises, when the nominated third-party delivery/ courier company collects the goods;
delivery shall be subject to the terms and conditions of the third-party delivery/ courier company contracted by us for that purpose; and
where any of the terms and conditions of the third-party delivery/ courier company may require the consent and/or the agreement of the Customer, the Customer authorises us to give such consent and/or agreement on the Customer’s behalf (for the purposes of delivery only).
Risk in and to the goods shall pass to you, when delivery takes place, with ownership of the goods having passed to you on payment being received in full.
Delivery times shall not be material to these terms and conditions unless specified in the order by the Customer and agreed to by us. Any lead times provided to the Customer are estimates only and are not to be treated as a definitive delivery date. We will, notwithstanding same, make all attempts to ensure soonest delivery that may be possible, bearing in mind the Customer’s nominated delivery address, the timing of the order and payment being received.
When an order is placed, we will provide an estimate date upon which the products will be delivered or can be collected. This may be affected by stock availability.
Gibson Technologies shall not be responsible for flight or customs delays on imported or exported products, goods and/or items. We cannot be held responsible for delays on delivery of goods, loss of goods or other damages caused to the goods for whatsoever reason including, but not limited to, force majeure, war, civil riots, acts of terrorism within the Republic of South Africa or in the country where the goods are manufactured or dispatched from, or while in transit.
LIMITED WARRANTY
We are only able to provide you with a warranty as granted to us by our supplier as we do not manufacture any of the products ourselves. Please contact us if any products are found to be defective upon collection or delivery. Failure to do so within 7 (seven) day of having collected or having received delivery of the products will constitute acceptance of the products.
Any warranties and remedies are exclusive and in lieu of all other warranties, representations, or conditions, express or limited, either in fact or by operation of law. Statutory or otherwise, including warranties or conditions of merchantability, title, non-infringement and fitness for a particular purpose including, but not limited, to implied warranties of merchantability, merchantable quality, and fitness for a particular purpose.
Any products ordered from our supplier is subject to manufacturer’s warranty from our supplier’s terms and conditions, which will be made available to you upon written request.
We warrant that the product purchased shall be free from defects in material and workmanship under normal use and service as stipulated per product subjected to manufacturer’s warranty and terms and conditions. Written notice and an explanation of the circumstances of any claim that the product has proved defective in material or workmanship shall be given promptly by you to us.
We will not be liable for any misuse, improper operations, improper installation, improper maintenance, alteration, modification, accident or unusual degradation of the product or parts due to an unsuitable installation environment.
No representation or other affirmation of facts, including but not limited to statements regarding capacity, suitability for use or performance of the product, shall be or be deemed to be a warranty or representation by us for any purpose, nor give rise to any liability or obligation of our suppliers whatsoever.
9. RETURN/REFUNDS POLICY
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of the Terms).
DISCOUNTED PRODUCTS / PROMOTIONS
From time to time, we may offer certain products at discounted prices as part of a promotion or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in the Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
monitor the Site for violations of the Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
12. SITE UPTIME
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in the Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
13. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site.
use the Site to advertise or offer to sell products and services.
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Site in order to harass, abuse, or harm another person.
use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), , web bugs, cookies, or other similar devices.
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.
15. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Site.
16. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
you should have firsthand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements;
you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
18. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulations. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warnings, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
We shall only be liable to refund monies already paid by you (see our Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of the Terms; (4) any breach of your representations and warranties set forth in the Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. LIMITATION OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any Third-Party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of profit, loss of data, or other damages arising from your use or reliance upon, the Site, and/or unlawful activity on the Site and/or linked Third-Party websites, even if we have been advised of the possibility of such damages.
Any claims for damages related to the products will not exceed the amount paid for such products purchased.
GOVERNING LAW AND JURISTICTION
The Terms and our relationship and/or any dispute arising from or in connection with the Terms 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 the Terms.
In the event of any dispute arising between you and us, you hereby consent to the non-exclusive jurisdiction of the Magistrate’s 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.
Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
To expedite resolution and control the cost of any dispute, controversy, or claim related to the Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 7 (seven) business days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 6 (six) months after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
23. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy [https://gibsontech.co.za/privacy-policy/] on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into the Terms.
24. MISCELLANEOUS
The Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
The Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of the Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms or use of the Site.
You agree that the Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack of signing by the parties hereto to execute the Terms.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
25. CONTACT US
25.1 NOTICES
Our address for the service of all formal notices and legal processes in connection with the Term (“Legal Address”) is Route 21 Corporate Park, 71 Regency Drive, Building A, Centurion, 0178. We may change the Legal Address from time to time by updating the Terms.
Notices must be delivered either by hand or email and must be in English. All notices delivered -
by hand will be deemed to have been received on the date of delivery;
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communication between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.
COMPLAINTS
If you have a complaint about the products or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us at +27 66 299 4659 or consult@gibsontech.co.za.
PAIA / PRIVACY POLICY
The published policy/manual in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from www.gibsontech.co.za.
FORCE MAJEURE
Force Majeure shall apply to the Terms. Force Majeure shall mean an event beyond the reasonable control of us or you and without the fault or negligence of us or you, which prevents a party from complying with any of its obligations, including but not limited to: (a) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); (b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; (c) rebellion, revolution, insurrection, or military or usurped power, or civil war; (d) contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; (e) riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to the employees of our ‘subcontractors; or (f) acts or threats of terrorism. Force majeure shall exempt the party affected by force majeure from its obligations of contractual performance for the duration of the interferen