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Terms Of Purchase

Last Updated

18 July 2021
Your use, access to and purchasing of our Products and Services are subject to these Terms of Purchase.

Application of Terms of Purchase

SemeOnline (Proprietary) Limited is the owner of the Products and Services ("we", our" or "us").

These Terms of Purchase ("Terms") apply to any person who uses and/or purchases our Products and/or Services (hereinafter referred to as "you" or "your"), whether made available by us on or through our website found at www.suitable.co.za (“Website”) or otherwise.

If you purchase our Products and/or Services from our Website, you will in addition to these Terms, be subject our Website Terms and Conditions and Privacy Policy. In the event of a conflict between our Website Terms and Conditions and these Terms, the provisions of these Terms shall prevail.

 

Your Agreement to These Terms

By using and/or purchasing our Products and/or Services, you agree and warrant that you are 18 years or older, have reached the age of majority and are legally competent to enter into this agreement and abide by these Terms. By using and/or purchasing our Products and/or Services you agree that:

    1. you accept these Terms and enter into a legally binding contract with us upon these Terms, irrespective of whether you have read them or not; and
    2. you will be bound by our Website Terms and Conditions, Privacy Policy and any additional policies or documents we incorporate herein by reference (including any subsequent changes thereto).

If you do not agree with these Terms, any policies or additional documents we incorporate herein by reference, you must not purchase or use our Products and/or Services. These Terms may be updated or amended by us at any time in our sole discretion. Each time you use and/or purchase our Products and/or Services, it is your responsibility to review these Terms in the event that updates or amendments have been made. Certain sections and links on the Website including but not limited to the dealer application link are intended solely for use by our approved dealers, distributors and large end-users (“Dealer Information”). All Dealer Information provided and/or submitted on or through the Website shall be governed by a distribution agreement entered into or to be entered into between us and the relevant dealer, distributor or end-user.

Prohibitions

You shall not impersonate any third party or allow a third party to impersonate you when you purchase our Products and/or Services.

You agree that you will not engage in the selling, modification, exploitation, stealing or distribution of our Products and Services or the Products and Services of our approved dealers and distributors.

We reserve all rights not expressly granted herein to our Products and Services.

Collection of Personal Information

When you purchase our Products and/or Services, we may collect personal information from you and will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.

By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.

To find out what kind of personal information we collect and the purposes for which your personal information will be used, please read our Privacy Policy which can also be found on our Website. If you do not agree to us collecting your personal information you must not purchase our Products and/or Services.

The four provisions below ((1) Disclaimers, (2) Indemnity and Limitation of Liability, (3) Exclusion of Warranties and Representation and (4) Accuracy of Information) constitute an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons.  These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you.  Please ensure that you have read and understood these provisions.

Disclaimers

While due care has been taken in selecting our approved dealers and distributors, you agree that we cannot be liable for any acts, omissions, direct, indirect, incidental, special or consequential loss or damage arising out of or in connection with products manufactured and/or provided by our approved dealers and distributors or your use of our Products and/or Services, whether caused by negligence, breach of contract or otherwise.

You understand and agree that we are not, nor can we ever be responsible for any loss and/or damage arising out of or in connection with your purchase or use of our Products and/or Services, and that all purchases made on or through the Website are at your own risk, with no direct or indirect liability on us.

The above disclaimer applies equally to our ancillary parties, which shall include but not limited by our agents, officers, subsidiaries, affiliates, partners, successors, assigns, directors, service providers, approved dealers, distributors, contractors, suppliers, employees or representatives.

Indemnity and Limitation of Liability

To the fullest extent permitted by law, you agree to defend, indemnify us and hold us and our Ancillary Parties harmless from and against any and all claims, direct, indirect incidental, special or consequential loss or damage, including but not limited to loss of income, revenue, profits, savings, business, time and goodwill, all liabilities, costs, debts, and expenses (including attorneys' fees) whether caused by negligence, breach of contract or otherwise, arising out of or in connection with:

    1. your use and/or purchase of our Products and/or Services;
    2. your use of any External Websites and services linked thereto, whether recommended or linked on our Website or not;
    3. your inability for any reason whatsoever (including but not limited to security breaches, operational or network failures or delays, computer viruses and system and/or other updates) to access our Products and/or Services;
    4. the unauthorised use, access to or theft of your information and/or data;
    5. your violation or breach of these Terms and any documents incorporated herein by reference;
    6. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other intellectual property, or privacy right; or
    7. any claim that our Products and/or Services caused damage to a third party;
    8. any delays in receiving Products ordered by you on or through our Website or otherwise.

For the avoidance of doubt we do not assume liability for the actions or omissions of our Ancillary Parties, the purchasers of our Products and/or Services or any loss and/or damage arising therefrom. You agree that by purchasing our Products and/or Services you release us and our Ancillary Parties from any and all claims (howsoever arising) and agree to the indemnities and limitation of liability in these Terms.

To the extent permitted by law:

    1. our total liability and the total liability of our Ancillary Parties shall be limited to the amount you paid to us for the purchase of our Products and/or Services.
    2. all indemnities and limitations of liability in these Terms shall survive termination, modification or expiration of these Terms and termination of your use of our Products and/or Services.

No provision of these Terms:

    1. does or purports to limit or exempt us from any liability to the extent that the law does not allow such a limitation or exemption; and
    2. requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

Exclusion of Warranties and Representations

As far as the law allows, our Products and/or Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including without limitation, any representation or warranty as to the operation, accuracy, integrity, compatibility, completeness, correctness, good-use, availability, performance, fitness for a particular purpose, merchantability, reliability or functionality.

Further, we do not warrant or represent:

 

    1. the safety of our Products and/or Services;
    2. our Products and/or Services will be error, omission or defect-free or that defects will be corrected;
    3. that you will attain any particular financial, business, personal or another result from your use of our Products and/or Services;
    4. that you will achieve the same results or that your customer experience will be the same as the people who have provided testimonials about or in connection with our Products and/or Services.

Please refer to the documentation you receive with your products for specific warranty information. In the event of any conflict between these Product/Services Warranty and that warranties contained on the product itself, these Product/Services Warranty will prevail.

Accuracy of Information

You understand and agree that the information and content contained on our Website in relation to our Products and Services may change from time to time and may not always contain the correct or most up-to-date information, details and descriptions.

 

While all reasonable effort has been made to ensure the accuracy of the information and content made available in relation to our Products and Services, we do not guarantee the accuracy of the content or that any information provided in connection therewith is current, beneficial or applicable to you. You acknowledge that our Products and Services may contain inaccuracies, errors or defects for which we shall not to the fullest extent permitted by law be liable for.

External Websites

Our Website may contain links to third party websites, including (without limitation) approved dealer and distributor websites ("<strong>External Websites</strong>"). These links are provided “as is” and for your convenience only and are not an endorsement by us of the products, services, content, information or views expressed thereon.

If you link to External Websites, you will be subject to those External Websites’ terms and conditions, privacy and other policies, therefore we advise and recommend that you review and comply therewith. We do not take any responsibility for the content and information that appears on External Websites (even if our Website, Products and/or Services are linked thereon), nor do we accept liability for any damage or loss of any nature whatsoever and howsoever arising from your use of such External Websites which use is at your own risk.

You agree that we cannot be liable for any illegal, offensive or defamatory communication, information or content on any External Websites or any behavior associated or in connection therewith.

Purchase of Products and Services

You agree as consideration for any purchase you make on or through the Website or otherwise to pay all applicable fees and taxes to us and you consent to us or our third party payment processor authorising your credit card, debit card, bank account or other approved payment facility for the full payment of the applicable fees and taxes.

Without prejudice to any other right or remedy we may have, we reserve the right to commence arbitration proceedings to recover any unpaid monies owing by you to us (including payments made or processed but reversed by your credit card company) for any purchase of our Products and/or Services.

You agree that in order to complete your purchase you will be required to provide personal information which may include but not be limited to your full name, address, payment details and billing information and that your personal information may be collected by us and our payment processing company. You further agree that all information provided in connection with your purchase of our Products and/or Services is complete, current and accurate and may be relied on by us and our third party payment processor.

You understand that when you purchase our Products and/or Services you may also be subject to the additional terms and conditions and privacy policies of our payment processing company, authorised dealers and distributors and that it is your responsibility to visit their websites and review their terms and conditions and privacy policies. We shall not be liable for loss, damage, refunds, disputes or any other matters arising out of or in connection with your dealings with our payment processing company, authorised dealers and distributors.

In the event a Product and/or Service is listed at an incorrect price or with incorrect information, or if the price has increased or decreased between the time the Product is placed in a shopping cart and the time that the purchase is actually made, we shall have the right to refuse or cancel any order(s) placed, irrespective of whether your order has been confirmed and you have been charged. If you have been charged for the purchase and your order is cancelled, we will credit you in the amount of the charge.

You are solely responsible for all applicable taxes on orders shipped to you, and you understand and agree that we may automatically charge you and withhold the applicable tax for your orders.

Neither us, our Ancillary Parties or payment processing company shall be liable for any loss or damage arising out of or in connection with your purchase of any of our Products and/or Services and you hereby indemnify us, our Ancillary Parties and payment processing company against any and all claims, actions, applications and demands accordingly.

Our Products and/or Services are supplied on an "as is" basis and have not been compiled or supplied to meet your specific personal, business or other requirements. It is your responsibility to satisfy yourself prior to purchasing our Products and/or Services that our Products and/or Services will meet your requirements.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell any Product and/or Service to you. We reserve the right at any time after receipt of your order to require additional verification or information from you and to accept or decline your order at our sole discretion. Further, we reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, and you will be credited the difference as a store credit.

Delivery of Products and Services

Local and international delivery fees may change from time to time due to increases or decreases in the price of postage, fuel, or any other material or service utilised to fulfil your order.

We only deliver to physical addresses within South Africa. We do not ship products to PO Boxes.

International deliveries to physical addresses outside of South Africa take approximately two or three weeks following despatch, however, seasonal peaks, delays in customs and other factors outside of our control may cause the delivery to take up to 8 weeks or more.

Refund Policy

Within 10 (ten) days of receipt of your order, you may return any Product(s) you have purchased should the Product be defective. We will refund the shipping cost if the return is as a result of our error (i.e. incorrect Product despatched).

If you have used a product and found it to be damaged or faulty we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance. We reserve the right to charge a 25% administration fee on the amount paid for the Product(s) for returned orders should we determine in our sole discretion that the returns process will require significant administrative or other expenses.

Protected Content

Certain content, information and features of our Website may be password protected.

You agree to keep user details and passwords for your account confidential at all times and to not disclose them to any third party. Our right to terminate your access to any password protected information and content is strictly reserved and can be exercised by us immediately upon becoming aware that you have shared your username and/or password with a third party.

You shall notify us immediately if you become aware of any un-authorised use of your account and shall indemnify us against any and all claims, damages, losses, costs and expenses (including professional fees) and any other liability, which arises from any un-authorised use of your account.

We reserve the right to terminate your use and/or access to your account, the Website or our Products and Services any time. Your obligations under these Terms shall survive termination of access to your account, the Website and our Products and Services.

Violation of Terms

Please report any violations of the Terms including any documents incorporated by reference that you become aware of by contacting us at info@suitable.co.za. Failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

Electronic Communications

By using our Website and purchasing our Products and/or the Services, you agree that all notices, disclosures, agreements and other communications (“Data Message”) sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

You agree specifically that:

    1. an electronic signature is not required by you or us for purposes of agreeing to these Terms;
    2. your purchase of our Products and Services is sufficient evidence of your agreement to these Terms and the terms of any documents incorporated by reference;
    3. subject to the further provision of these Terms, a Data Message sent by electronic means by you to us will only be treated as having been received by us when an acknowledgment of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that Data Message.

Interpretation and Dispute Resolution

These Terms including any documents incorporated by reference and the relationship between us shall be governed and construed in accordance with the laws of the Republic of South Africa.

You agree to notify us of any issues or dissatisfaction that arises via e-mail correspondence prior to taking any legal action. Should we be unable to seek resolution within a reasonable time, you agree that the dispute shall be finally resolved through arbitration, before a single arbitrator, in accordance with the Arbitration Act, 1965 and the Commercial Arbitration Rules of the Arbitration Foundation of South Africa.

We shall jointly appoint and agree on the arbitrator but failing agreement between us within 10 (ten) business days of the arbitration being demanded, we shall appoint the arbitrator in our sole discretion.

The arbitration shall be held in Johannesburg, South Africa the parties shall endeavour to ensure that it is completed as expediently as possible without delay after notice requiring the dispute to be referred to arbitration is given or demanded.

You agree that you shall not unduly delay, frustrate or fail to take action to progress or complete the arbitration proceedings, failing which you shall waive your rights to arbitration and any other legal action and your claim will be regarded as having prescribed.

The ruling of the arbitrator, in the absence of manifest error, shall be final and binding on the parties and the party in whose favour the award is granted shall be entitled to all reasonable fees (including attorney fees) and the costs necessary to enforce the decision of the arbitrator.

In the event of a dispute, you agree not to engage in or be responsible for any defamatory, harmful, negative or disruptive behaviour or communications that could adversely affect us, our Products, Services, Website, business or goodwill in any manner whatsoever.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor will it affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after the termination of these Terms.

If any provision in these Terms is or becomes illegal, invalid or unenforceable such provisions shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.

Contact

If you have questions about these Terms, or any documents incorporated by reference herein, please contact us at info@suitable.co.za.

Contact Us

Mon-Fri, 8:00am-5:00pm 
help.online@suitable.co.za
21 Delta Road, Sandton, Johannesburg, 2196
WhatsApp Calling: +27 61 428 5692

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