LEGAL NOTICE / TERMS AND CONDITIONS
- APPLICATION OF TERMS AND CONDITIONS AND WEBSITE ACCESS:
This notice applies to this website (www.samsungnorth.co.za – hereafter referred to as ‘the website’ or “the site”) and is a legal contract/agreement which is to be read by all users of the website and is legally binding thereon.
If you in anyway access, view, visit and/or use this site, you are a “user” of the site and thus these Terms and Conditions apply to you. This legal notice and the use of the website forms a formal, legally enforceable agreement between ourselves (“Samsung North”, “we” “us” “the business” or “our”) and you, the user.
Menovox CC trading as Samsung North is herein referred to as “Samsung North” only. Samsung North is an accredited dealer of Samsung Office Automation and Telecommunication products and is a separate legal entity to Samsung and Samsung Business.
The business reserves the right to amend this agreement at any time. It is the responsibility of you, the user, to check this agreement regularly for changes, amendments, inclusions and updates. If you continue to make use of, visit and/or view the site after any changes, updates, etc. have been published, it means that you, the user, have accepted and agreed to these changes, updates, etc. For your convenience and ease of reference only, the date of the last update will be displayed in the legal notice, in the clause below.
The user is responsible for obtaining and maintaining all equipment and services needed for access to and use of the website and for paying all charges related thereto. The website is for use of users in the Republic of South Africa only. Only users within this country will be recognised as users of the website and are permitted to have access to use this website according to this agreement.
- UPDATES, AMENDMENTS AND SITE SUSPENSION/DISCONTINUATION:
This notice was last updated on 1 November 2015. The business, designers and developers of this website strive to maintain the integrity of the data provided on the site to ensure that all information is current, accurate and useful, however it is not guaranteed that information provided on the website will be current, accurate and/or useful at your time of use.
We reserve the right to modify, change, edit and/or make any amendments to the website and/or the content hereon at any time. We may also suspend or discontinue the website, or any part of the website, at any time, for maintenance or any other reason, at our own digression. The site may randomly, temporarily or permanently be unavailable from time to time due to maintenance, server failures, network failures, seasonal requirements, etc.
Any closure, discontinuation or down-time in no way affects the legality of this agreement and does not nullify the terms and conditions herein and this agreement shall at all times be legally enforceable, valid and binding on both the business and the user.
- WEBSITE PERMISSIONS AND INTELLECTUAL PROPERTY RIGHTS:
You the user have the personal, non-exclusive, non-transferable, limited right to view the information and data on this site for your final, personal use only.
You may not generate, upload and/or post link to this site without our permission. You may not copy, access, and/or use any of the site’s content and data other than as explained above. The user must contact us for permission before you link to the site or any part of it in any manner or use any content on the site in any manner, for commercial purposes.
You, the user, must not attempt to or successfully access any portion or feature of the site which you are not permitted to use. You must not try to access any system or network connected to the site. This site is an ecommerce site and is thus a site on which products and services are on sale to you. If you breach (break) this agreement we can terminate your right to access and use our site.
You may only use this site and reproduce any content from it, if it is for your own personal use. You may not use this site for any commercial purposes without our permission. Any software we make available for download on this web site is protected by copyright and is made available on the terms of license of such software. All products and information relating to the products are the intellectual property rights of Samsung, Samsung Business and Samsung North, and all content relating thereto is protected by copyright.
- PROHIBITED USAGE
You, the user, agree not to use the website (including, without limitation, any Materials or Services you may obtain through your use of the website)
(a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);
(b) to stalk, harass, or harm another individual; (
- c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
(d) to interfere with or disrupt the website or servers or networks connected to the website.
You further agree not to
(x) use any data mining, robots, or similar data gathering or extraction methods in connection with the website; or
(y) attempt to gain unauthorized access to any portion of the website or any other accounts, computer systems, or networks connected to the website, whether through hacking, password mining, or any other means.
- LINKS TO OR ON THE WEBSITE
For the provision of additional information, content, products and services for your use, convenience or assistance, we may at any time, publish on the website, various links to the sites of other entities and publishers. In so doing, we do not affiliate ourselves with, recommend, approve of or endorse those sites, their content, their owners or even the goods or services made available or advertised on those sites.
We have no control over, involvement in or accountability over such third party sites, products or services, and will thus not be legally responsible to you for any loss or damage you suffer, whether directly or indirectly, because of your use of a third party’s site, product or service. You agree that if you access third party sites, you do so entirely at your own risk.
Links may be created from other websites, to the Samsung North website, only if done so in accordance with the following terms and legal requirements:
Explicit, written and signed consent from Samsung North or the linking website:
- may link to, but shall not replicate, any Materials:
- shall not create a browser or border environment around any Materials;
- shall not imply that Samsung North endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with Samsung North;
- shall not present false or misleading information about Samsung North, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
- Privacy and Personal Information:
- Samsung North endeavours to comply with all laws and regulations including the 1996 South African Constitution and other legislation providing for privacy. As such, Samsung North seeks to ensure the quality and accuracy of all personal information in possession of the business and that this said information processed within the guidelines of South African law.
- Samsung North shall not be obliged to ascertain or provide the identity of the sender of any messages or content, until such time as it becomes legally necessary to conclude a legal sale or transaction.
- Personal Information Collected, Principle of Minimalism and Purpose of Collection: Please be assured that the privacy of Samsung North’s users is of the utmost importance to Samsung North. The Samsung North Website collects, processes and stores personal information of its users subject to the following principles:
- Relevant and minimal personal information of the user is collected for the purpose of managing user’s communications with Samsung North. Users warrant that all personal information supplied by them with regard to an electronic transaction is both true and correct. In the event of any aspect of their personal information changing post submission, it is their responsibility to immediately notify Samsung North of the said changes. Notification must occur via an email sent to firstname.lastname@example.org. The user agrees to indemnify and hold Samsung North, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Samsung North’s reliance on the user’s personal information in fulfilling an online order and/or application, should their personal information contain any errors or inaccuracies.
- Relevant and minimal personal information of the user is collected automatically by Samsung North and its authorised technology agents as a result of the user’s visits to the Samsung North Website and the user expressly consents to the processing of their information. This consent is effective immediately and will endure until the relationship between the user and Samsung North has been terminated. Samsung North’s agents and service providers may also automatically log Your “IP address” which is a unique identifier for your computer and/or other access device. Further and to the extent necessary, Samsung North may utilise your contact information, submitted, for communications with you such as marketing or rendering services requested by the user from the business. This information may include, without limitation: your name/s, e-mail address, mobile phone, landline phone details, credit card details and banking details. Samsung North will not edit, disclose or sell any personal information to third parties other than required for the provision of the Services and electronic communication and transaction facilities to the user; in the ordinary course of business and where required to do so by law. The user agrees that their submission of their personal information, including via telephone; post; online registrations; subscriptions; use of the send to friend facility or by any other means, indicates their willingness for such information to be processed as discussed herein. Processing shall include collection, receipt, recording for marketing and other purposes, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
- Users may opt to unsubscribe for newsletters and any other electronic communication sent from Samsung North by use of the “unsubscribe” option provided on each communication received.
- Handling of Your Personal Information:
- To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, Samsung North has in place policies and procedures to protect the personal information Samsung North collects about the User.
- Users acknowledge that records relating to the provision of services and personal information may be required to be retained in terms of law, operational purposes and for evidential reasons by Samsung North. Users expressly agree to such processing, retention and necessary access to such records.
- Further, and to the extent necessary, Samsung North may utilise the contact information to provide the user with information requested by the user in relation to events, services and/or products offered by Samsung North.
- The user expressly consents to their contact information and the contact information of third parties that the user has submitted being used for communications such as email and SMS marketing and distribution of newsletters to Users or the relevant third parties. This contact information includes without limitation: names, email addresses and/or contact numbers. In providing information relating to third parties, the user warrants that they have the right to provide such information. The user agrees that their submission of their information indicates their express willingness for their information to be used as discussed above.
- Users may revoke their consent given to Samsung North in terms of the above at any time. The revocation should be in writing and addressed to Samsung North’s Information Officer. Revoked consent is not retroactive & will not affect disclosures of user’s information already made.
- If the user elects to submit content to Samsung North via the website and/or via email, which would include but is not limited to: feedback on articles, reviews and/or experiences, the user agrees for such information submitted to be published by Samsung North with their name and other information provided.
- Disclosure of personal information: Samsung North may disclose personal information
- to comply with the law or with legal process;
- protect and defend Samsung North’s rights, equipment, facilities, and other property;
- protect Samsung North against misuse or unauthorised use of the website;
- protect other website users or third parties affected negatively by the relevant user’s use of the website; and/ or
- for the submission and completion of the rental application process.
- Interest based advertising:
When you visit this Website, You may view advertisements posted on the site by Google or other third party advertisers. Such advertisers may (i) collect information about you while you are visiting this Website and other websites and (ii) use this data to show you advertisements on this Website and elsewhere on the Internet about products and services you might like (interest based advertising). Samsung North does not collect such information or control the content of the advertisements that you will see. You may be able to opt out of such advertising. To find out more about Google and its Google cookies used to generate interest-based advertising, click this link. Your use of this Website without opting out means that you understand and agree to the abovementioned data collection to provide you with interest-based advertising.
- TERMS AND CONDITIONS OF ELECTRONIC TRANSACTIONS
The following section contains the terms and conditions applicable to the electronic transactions concluded by you on the website. This section of the Legal Notice was last revised 1 November 2015. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
- Validity of Electronic Transaction:
- A valid electronic transaction is concluded on:
- An online order form being completed by you and successfully transmitted to Samsung North;
- Receipt of payment in full by Samsung North of the amount due, owing and payable by You in respect of Your order; and
- An Order Confirmation being sent by Samsung North to You.
- You may affect payment pertaining to your electronic transaction, of the amount(s) due, owing and payable via:
- Internet transfer;
- Online payment via trusted, recommended and available channel or
- Credit Card
- No payments will be accept accepted from outside the borders of South Africa
- Payments made via credit card from within the borders of South Africa will be accepted via the approved channels at the discretion of Samsung North
- All payments to Samsung North must be made in South African Rands (ZAR).
- All prices will be subject to include Value Added Tax (VAT) at the national rate of 14%.
- Credit Card Transactions:
- Samsung North places reliance on the security protocols affected by their payment facility
suppliers. Further information regarding the security protocols implemented by the service providers is available on their own websites.
- You agree to indemnify Samsung North, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of any security breaches which are attributable to you, third parties or our payment facility suppliers.
- You, the user, authorises Samsung North and/or their authorised agents to charge the credit card submitted by the user as the manner/mode of payment for the products/Services described herein. The user warrants that the customer is the authorised user of such credit card. Samsung North agrees to take all reasonable precautions to secure the processing of the member’s credit card. You, the user, agrees to indemnify Samsung North, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of any security breaches which are attributable to you, or third parties.
- Cancellation of Transaction:
- Samsung North reserves the right, to refuse to accept, process or honour payment on any order and to cancel any transaction at their sole discretion including an order for which payment has been received. The reasons may include, without limitation, causes beyond the control of Samsung North, where the “stock” held by Samsung North is insufficient, or not of an adequate quality in the discretion of Samsung North. Should Samsung North cancel the order, as abovementioned, the User shall be entitled to receive a full refund of any monies actually received by Samsung North.
- Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the goods are defective in any way this must be reported as soon as reasonably possible after the product has been delivered to you and must be returned to us within a period of 2 weeks after delivery. If the goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
- If the goods have been approved for return, we will notify you and arrange for our couriers to collect the item from you, request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method.
- Should we find that the product has:
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- been dealt with or used contrary to our or the manufacturer’s instructions for the product; or
- deteriorated through normal wear and tear after delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs, and charge this to your credit or cheque card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
- PRODUCT AND RATES AND DATA INFORMATION ON WEBSITE:
Samsung North undertakes to take all reasonable steps to ensure that the website accurately displays the correct Rates and Data structures, amounts due and surcharges (which includes but is not limited to: delivery charges, and import duties) payable.
Prices on the website will be quoted in Rands and are only available within the borders of the Republic of South Africa. Samsung North undertakes to take all reasonable steps to ensure that the website accurately displays the product, price, availability and specifications of products offered for sale.
Notwithstanding the first two clauses above discrepancies in Rates and Data published and invoiced may arise from without limitation changes in suppliers Rates and Data and fluctuating exchange rates; while discrepancies in product descriptions and availability may arise from without limitation the supplier’s product availability.
It is Your responsibility to verify Your purchase prior to payment and in accordance, You agree that Samsung North shall not be liable to You for any discrepancies in Rates and Data and variation in product descriptions as contemplated in the clause above subject to the clause below:
Where a transaction is concluded by you in respect of a product that is not available, you or Samsung North shall be entitled to cancel the transaction in accordance with the clause above and entitled to a refund.
Samsung North will take all reasonable steps to ensure your products are delivered to you as soon as possible. However, you must allow for two to three weeks, from receipt of your Order Confirmation, for delivery to occur within the borders of South Africa.
You agree to indemnify Samsung North against any and/or all claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of late delivery that has occurred due to reasons that are beyond the control of Samsung North.
For more information on deliveries, kindly see our Delivery Notice on the website, which also forms part of this agreement.
- VIOLATION OF TERMS OF THIS SITE
If you, the user, violate the terms of this site, Samsung reserves the right to terminate services to you without further notice or explanation. Samsung North’s preferred course of action is to advise you of your inappropriate behaviour and advise you of any corrective action. However, flagrant violations of these terms as determined by us in our sole discretion, will result in immediate termination of service.
The failure of Samsung North to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The terms comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.
Your use of this web site will be governed by and interpreted according to South African law.
By using this site you agree that South African courts will exclusively deal with any dispute or matter that arises between you and us about, or in connection with this site. Where dates and times need to be calculated the international standard time (GMT) plus 2 (two) hours will be used.
While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage.
If a court finds that any of the clauses in this agreement are unenforceable, the remaining clauses will still be valid and the rest of the agreement and rules will still apply.