TERMS AND CONDITIONS SHOP.CYBERSMART.CO.ZA

1. Introduction
   
   
   • This website can be accessed at shop.cybersmart.co.za, (the “Website”) and is owned and operated by Cybersmart (Proprietary) Limited (“Cybersmart”, “we”, “us” and “our”).
   • These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
   • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register” 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 (“Goods”).
      
2. Important Notice
   
   
   • 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 Cybersmart or a third party; and/or
     • may create risk or liability for the user; and/or
     • may compel the user to indemnify Cybersmart 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 Cybersmart 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 Cybersmart in terms of the CPA.
   • Cybersmart 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.
      
3. Returns
   
   
   • 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 these Terms and Conditions).
      
4. Registration and use of the website
   
   
   • Only registered users may order 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 Cybersmart. You will need to use your unique username and password to access the Website in order to purchase Goods.  You can log in with your Facebook and or Google login as well.
   • 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 ordering Goods, failing which you will be denied access.
   • You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
   • You agree to notify Cybersmart immediately upon becoming aware of or reasonably suspecting any unauthorized 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 instruments 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 devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Cybersmart 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 authorized Cybersmart representative.
      
5. Conclusion of sales and availability of stock
   
   
   • Registered users may place orders for Goods, which Cybersmart or the Third Party Seller may accept or reject. Whether or not Cybersmart or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by Cybersmart for the Goods.
   • NOTE: Cybersmart will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Cybersmart come into effect (the “Sale”). This is regardless of any communication from Cybersmart stating that your order or payment has been confirmed. Cybersmart will indicate the rejection of your order (by Cybersmart itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
   • Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
   • Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 Cybersmart or the Third Party Seller liable if such Goods 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 Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Cybersmart, Cybersmart will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Cybersmart will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
      
6. Payment
   
   
   • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
   • Whether the Goods are for sale by Cybersmart or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -
     
     Cybersmart Vouchers
      
   • This will be made available on your account as a credit if and when applicable
     
     SNAPSCAN
      
   • Download the free APP, sign up and add card details, scan the snap code , authenticate and pay.  Simple, safe and secure.
     
     YOCO
      
   • Order goods, get a payment link, add your card details and pay.  Safe and Secure.  All YOCO transactions are protected by advanced 3D-Secure technology.
   • Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
      
7. Delivery of goods
   
   Cybersmart offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
   
   Courier
   
   For more information about couriers, please see our website, which is incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Help Centre for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.  Currently, we have partnered with “The Courier Guy” You can track your parcel at: https://portal.thecourierguy.co.za/track.  You will need your tracking number from Cybersmart via the Help Desk.  You can also educate yourself on how to package your item securely and acceptably at https://www.thecourierguy.co.za/packaging-dos-donts/.
   
   Turnaround times for courier delivery will depend on the size of the item and the option chosen on the order.
   
   Local delivery (Cape Town) = Overnight
   National delivery = 2-3 working days
   
   Self-collection.
   
   Where it accepts your order, Cybersmart will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods 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 Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
   
   Cybersmart’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Cybersmart is not responsible for any loss or unauthorized use of a product after it has delivered the product to the physical address nominated by you.
    
8. Errors
   
   We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
   
   Cybersmart shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
    
9. Gift Vouchers & Coupons
   
   
   • Cybersmart may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Cybersmart Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
   • Gift Vouchers
     • Gift Vouchers that are purchased by registered users are valid for 3 years after the Sale. Gift Vouchers that Cybersmart gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
     • Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
     • Cybersmart is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
   • Cybersmart is registered for  VAT (Value-Added Tax) and will issue a tax invoice in respect thereof.
   • Because Cybersmart wants the registered user to have a safe and consistent experience, Cybersmart will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user according to Cybersmart’s own Returns Policy.
      
10. Privacy policy
    
    
    • We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
       
11. Changes to these Terms and Conditions
    
    
    • Cybersmart may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
       
12. Electronic communications
    
    
    • When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
       
13. Ownership and copyright
    
    
    • The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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 Cybersmart, its advertisers and/or sponsors and/or is licensed to Cybersmart.
    • You will not acquire any right, title or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our helpdesk.
    • Where any of the Website Content has been licensed to Cybersmart 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.
       
14. Disclaimer
    
    
    • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
    • Whilst Cybersmart takes reasonable measures to ensure that the content of the Website is accurate and complete, Cybersmart 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. If any such representations or warranties are made by Cybersmart’s representatives, Cybersmart shall not be bound thereby.
    • Cybersmart disclaims liability for any damage, loss or expenses, 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 merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    • Any views or statements made or expressed on the Website are not necessarily the views of Cybersmart, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cybersmart also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Cybersmart, its employees, agents or authorized representatives. Cybersmart thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
       
15. Linking to third-party websites
    
    
    • This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Cybersmart 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.
       
16. Limitation of liability
    
    
    • Cybersmart 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 willful misconduct of Cybersmart, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Helpdesk.
    • CYBERSMART 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 CYBERSMART 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.
       
17. Availability and termination
    
    
    • We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    • Cybersmart may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Cybersmart will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    • Cybersmart is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Cybersmart to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process the payment on any order, and/or to cancel any order concluded between you and Cybersmart, in whole or in part, on notice to you. Cybersmart shall only be liable to refund monies already paid by you (see Cybersmart’s 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.
    • At any time, you can choose to stop using the Website, with or without notice to Cybersmart.
       
18. Governing law and jurisdiction
     
    • These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions 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 these Terms and Conditions.
    • In the event of any dispute arising between you and Cybersmart, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    • Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
       
19. Notices
    
    
    • Cybersmart hereby 72 Canterbury Street, Zonnebloem, Cape Town, 8001  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Cybersmart may change this address from time to time by updating these Terms and Conditions.
    • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Cybersmart not less than 7 days' notice in writing.
    • Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
      • by hand will be deemed to have been received on the date of delivery;
      • by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      • by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, and
      • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
         
20. Complaints 
    
    
    • If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Helpdesk on the Website or you can contact our call centre on 021 286 0123.
    • If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 21 (twenty-one) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
       
21. Information
    
    
    • For the purposes of the ECT Act, Cybersmart’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      • Full name: Cybersmart (Pty) Ltd, a private company registered in South Africa with registration number 2007/013792/07
      • Main business: Internet Provider
      • Physical address for receipt of legal service (also postal and street address): 72 Canterbury Place, Zonnebloem, Cape Town, 8001 (marked for attention: CEO and Legal)
      • Phone number: 021 286 0123
      • Email address: info@cybersmart.co.za
      • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
        Third-Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help Desk.
         
22. General
    
    
    • Cybersmart 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 the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      • Any failure on the part of you or Cybersmart to enforce any right in terms hereof shall not constitute a waiver of that right.
      • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      • These Terms and Conditions contain the whole agreement between you and Cybersmart and no other warranty or undertaking is valid unless contained in this document between the parties.