By using the app, you accept these terms.
1. INTRODUCTION
1.1 The app “Brickdeals” (“the Brickdeals app”) and the website www.brickdeals.co.za (“the Brickdeals website”) (jointly “the Brickdeals services”) are owned by K2015413566 (Proprietary) Limited, Registration number 2015/413566/07 Pty Ltd (“the Company”).
1.2 The standard terms and conditions of trade applicable to the use of the Brickdeals services (including the privacy policy and User rules contained therein) govern and apply to Users / customers (“you” or “Users”) of the app Brickdeals services are set out herein and more fully on the terms and conditions tab on brickdeals.co.za website (“the standard terms”).
1.3 The terms and conditions set out herein are specific to the information contained in and services rendered in terms of the Brickdeals services (“the additional terms”) and are to be read in conjunction with the standard terms.
1.4 By using the Brickdeals services or purchasing goods or services from or through or by means of or on the recommendation of the Brickdeals services, you agree that you have read, understood and are bound by the standard terms and the additional terms.
1.5 To the extent that there is a conflict between the standard terms and the additional terms, the standard terms shall prevail.
2. COPYRIGHT
2.1 Copyright in the Brickdeals services content vests in the Company or its nominee upon and all rights (including moral rights) not expressly granted to third parties are reserved to the Company or its nominee. Users may download, view and print content from the Brickdeals services for private and non-commercial purposes only. To request permission for the commercial use of any content of the Brickdeals services, Users should contact the administrator at +27 21 140 1568 or email contact@brickdeals.co.za
2.2 The company and its employees, service providers and agents shall not be liable for any illegal, incorrect, defamatory or obscene content available on Brickdeals services. Users are encouraged to inform the Company of any content that may be illegal, incorrect, defamatory or obscene
3. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
3.1 In this clause:
3.1.1 “damages” means all loss, liability, damages or expense of whatever nature including direct, indirect, special, consequential damages (including loss of data, contractual damages, loss of profits, custom or business foregone) and howsoever arising and whether or not foreseeable or contemplated by the parties; and whether or not the Company is advised thereof in advance;
3.1.2 “claim” includes any actual, pending, potential or threatened claim, action, proceeding, demand, allegation, summons or right;
3.1.3 “services” means the operation of and any information, advice, goods or services supplied through or by virtue of Brickdeals services and the sale and delivery (and all services incidental thereto) of the products advertised on the Brickdeals services, and any other services rendered by the or as a consequence of the Brickdeals services and by or on behalf of the Company;
3.1.4 “uncontrollable events” mean any circumstances beyond the Company’s reasonable control, including an act of god, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, lack of resources or supplies, failure of suppliers, strikes, compliance with other orders, demands or regulations by a government, authority or court, or any act or omission on the part of a third party.
3.2 The Company and the Brickdeals services provide all services “as is” and “as available”. The Company may elect not to encrypt any content or communications from and to the Brickdeals services and website may elect not to provide digital authentication of any page on the site and as a result, third parties may intercept or access communications. Any User’s use of the Brickdeals services is at the User’s sole risk. The Company, its business partners, affiliates, and their respective officers, employees, agents, partners and licensors expressly disclaim all warranties, representations or undertakings, whether express or implied. The Company does not warrant fitness for a particular purpose, expertise and non-infringement. Without limitation to the generality of the aforegoing, the Company , its officers, employees, agents, partners and licensors do not warrant, guarantee or represent that:
3.2.1 the Brickdeals services are or will be free of errors or interruptions, nor that they shall meet your needs or conform to your timelines;
3.2.2 the Brickdeals services are or will be secure;
3.2.3 the Brickdeals services do not or will not infringe any third party rights; or
3.2.4 the quality of any products purchased by you or information or advice secured through the Brickdeals services will meet your expectations. The Company will undertake to provide the services specified in the app and on the website to the highest standards within the time periods indicated for the delivery of the service, but Users are encouraged to seek comprehensive legal advice as far as may be necessary. The Users acknowledge that the limitation of the time within which to provide the Brickdeals services may affect the ambit and completeness of the advice given.
3.3 The information on the Brickdeals app is of a general nature and does not apply to all contracts of purchase and sale of properties. The information and suggestions on the Brickdeals app should be considered an indication of what may be contained in contracts of this nature. The User’s attention is drawn to the particular provisions of any agreement or circumstances under consideration which may be in conflict with the information, advice or suggestions in the Brickdeals app. The necessary legal and/or tax advice should be sought.
3.4 Any material downloaded or obtained through or by virtue of the use of the Brickdeals services is accessed, used and applied at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Brickdeals services, from The Company or any of its officers, employees, agents, representatives, affiliates advertisers or partners or through or from the services shall create any warranty not expressly stated in the additional terms.
3.5 The Company will use its best endeavours to provide Users with the Brickdeals services to the best of their ability within the limited time period prescribed. Nevertheless the User agrees that the Company , its employees, offices, agents, representatives, partners, affiliate, partners and advertisers shall not be liable to you or any third party for any damages suffered by you or a third party howsoever arising from your subscription to, or use of, or reliance on the Brickdeals services, including any damages suffered by you due to or in connection with:
3.5.1 the purchase and/or use of or reliance upon any products or the services;
3.5.2 the products, information or advice provided in, through or by virtue of the Brickdeals services;
3.5.3 the information, products or advice provided by any person to whom the user is recommended through the Brickdeals services;
3.5.4 the late or non-delivery of any information, advice, products or services;
3.5.5 any interruption of or error in the Brickdeals services; including any inability to access the Brickdeals services;
3.5.6 inaccurate information or unreliable results received through, via or by virtue of the use of Brickdeals services;
3.5.7 use of any content, including content accessed from a link on the Brickdeals services;
3.5.8 delay in the provision of any goods, services advice and products
3.5.9 delay in the provision of services or meeting booked in terms of the Brickdeals website;
3.5.10 uncontrollable events;
3.5.11 disclosure of your personal information; and/or
3.5.12 any other reason not directly attributable to The Company ’s intentional fraudulent conduct
3.6 You agree that, save as otherwise provided in these additional terms, if you suffer damages or are dissatisfied with any of the services your only remedy is to stop using the Brickdeals services.
3.7 You hereby indemnify and hold the Company , its respective officers, agents, employees, partners, affiliates, advertisers and licensors (“indemnified persons”) harmless against all liability, claims, damages, loss or costs or expense of any kind or nature, including actual legal fees, suffered by any of the indemnified persons or instituted against any of the indemnified persons by a third party howsoever arising from your subscription to or use of the Brickdeals services, your purchase of any product, the application use or reliance on any product, services, advice or information obtained through or by virtue of the Brickdeals services, or your breach of the additional terms, and / or the terms or rights of third parties.
3.8 To the extent that any of the provisions of the additional terms are in favour of any of the Company’s officers, agents, employees, partners, affiliates, advertisers and licensors, they constitute irrevocable rights and agreements in their favour (stipulatio alteri) capable of acceptance at any time.
3.9 The Company does not accept responsibility for the advice sought or obtained through any third party service provider to whom the User may have been referred by virtue of the Brickdeals services.
4. SHIPPING, VALUE ADDED TAX AND IMPORT DUTIES
4.1 The cost and method of shipping of products, if applicable, is determined by The Company from time to time in accordance with the value of the products concerned, their weight and the place to which they are being shipped.
4.2 If the nominated delivery address is a complex or a business address, products may, at The Company ’s discretion, be delivered to a mailroom, security or reception thereat.
4.3 Indicated delivery times of goods and services are an estimated indication only and you acknowledge and agree that time is not of the essence with regard to such delivery.
4.4 If products, information, advice or services with different delivery times are ordered together, the product with the longest delivery time may determine the delivery time of all the products in the order. Brickdeals Py Ltd will attempt to ensure that all information supplied on the site is accurate. Where delays occur, reasonable efforts will be made to inform the User. Where a product, service or any information cannot be delivered on the basis that it is unavailable The Company will notify you of such fact and refund payment to you.
5. PRICES AND PAYMENTS
5.1 The price of each product or service on the Brickdeals services’ prevailing list price in respect thereof from time to time, which is displayed on the Brickdeals services alongside the product or service or advice or information offered;
5.2 Where required by law, value added tax at the rate of 14% may be charged on the said prevailing list price in the event of the Company being registered as a VAT vendor;
5.3 Import duties may be payable by recipients of products in foreign countries. These are outside of the knowledge of The Company which cannot calculate or estimate such costs.
5.4 Payments for products may be affected by PayPal, PayU, credit card, direct deposit, Standard Bank autopay or e-Bucks.
5.5 The Company or the supplier of any goods or services, advice or information by or by virtue of the Brickdeals services may refuse any order at any time in its discretion.
5.6 Credit card, Paypal, PayU and Payfast payments, as and if applicable
5.6.1 at the time of placing the order, the transaction details are presented to the bank concerned and an authorization is obtained for the amount of the order;
5.6.2 payment will be collected and receipt must be confirmed by The Company in respect of any product, service, goods or advice ordered in respect of the Brickdeals services in order to secure an appointment in terms of the Brickdeals website.
5.7 Direct Deposit:
5.7.1 the exact amount relevant to the order must be paid into The Company ’s nominated bank account;
5.7.2 the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
5.7.3 no transfers may be made from automated teller machines;
5.7.4 cheque deposits are subject to a clearing period;
5.7.5 no bank deposits are accepted from outside the borders of South Africa; and
5.7.6 unpaid bank deposit orders are cancelled after five working days.
5.7.7 direct deposit payments may, at the election of the Company, not be relied upon until clearance of the funds into the banking account of Brickdeal Pty Ltd or its nominee.
6. RESTRICTIONS ON SALES
The Company shall be entitled to restrict delivery of its services to the User in accordance with the provisions of any applicable law or regulation and may withhold the supply of its goods and services pending compliance by the user of the provision by the User of all information required by virtue of the Financial Intelligence Centre Act of 2001 or similar and related legislation.
7. AGREEMENTS OF SALE
7.1 A User placing an item or service in a shopping basket or adding it to a wish list without completing the purchase cycle within the prescribed time does not constitute an agreement of sale or an agreement for the provision of services between the Company and the User.
7.2 An agreement to supply goods or services between the Company and a User only comes into effect if and when payment or payment authorisation for the order concerned is actually received by the Company and, if applicable, the necessary appointments have been scheduled, and such services shall be delivered on or as soon as possible after the time reserved by the User for the purpose.
7.3 The Company may refuse to accept and/or execute an order without giving any reasons. The Company may also cancel orders in whole or in part in its discretion at any time.
7.4 Should errors occur and items are offered at incorrect prices, the Company shall not be obliged to sell products at such incorrect prices and shall only be liable to refund monies already paid by the User.
7.5 The Company shall make a reasonable efforts to maintain correct information relating to all goods, services, advice and information offered.
8. STOCK AND SERVICES AVAILABILITY
Goods and services on offer are limited. The Company , its affiliates, partners and advertisers shall make all reasonable efforts to discontinue or limit the offer as soon as any of these is no longer available or the available times for the delivery of the services are fully subscribed. However, should goods, services, advice or information be offered after stocks or availability are no longer offered, or cannot be offered timelessly or at all, Brickdeals shall be obliged only to return the price paid.
9. GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
10. SECURITY
10.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that the Company, its business partners, affiliates, employees, directors and service providers suffers any damage or loss.
10.2 The User agrees and warrants that its log-in name and password, if applicable, shall be used for personal use only; and not be disclosed to any third party.
10.3 The User allows the Company to take all reasonable steps to ensure the integrity and security of the Brickdeals services and to store the information relating to the goods or services or opinions or advice offered on such device or service as may best suit the needs of the Company which may include “cloud” storage physically located outside the borders of the Republic of South Africa.
11. CHANGES TO AGREEMENT
11.1 The Company may, in its sole discretion, change the standard terms or these additional terms or any part thereof at any time without notice. Any changes will become effective when they are published on the Brickdeals app or website. You agree to check this website and these additional terms regularly for changes. By continuing to use our services after we make the changes, you agree to be bound by the changed terms and conditions set out herein. If you do not accept the changed additional terms, or the changed terms and conditions, then you must stop using our services. The rule that an agreement will be interpreted against the party responsible for the drafting, and any similar rules of interpretation shall not apply to this document and you waive any right it has to rely on such rules.
11.2 The eiusdem generis rule shall also not apply and whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned.
12. DISPUTES
In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved direct contact with The Company , then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from:http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf. This shall not prevent either party from seeking appropriate relief in any competent court of the Republic of South Africa.
13. DOMICILIUM
The Company chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature at Cube Workspace, Albion Springs, 183 Main Road, Rondebosch, 7700, South Africa, with a copy of any formal notice being sent to contact@brickdeals.co.za