Terms of service
okracandle (pty) ltd TERMS OF SERVICE
These Terms of Service (“Terms”) are effective as of : 1 December 2022 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE
OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU
CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE
TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES
OTHERWISE.
Clause 1 Introduction
1.1 The website https://www.okracandle.co.za/ (“the Website”) is operated and/or
owned by okracandle (pty) ltd (hereinafter referred to as "okracandle (pty) ltd", "we", “our" or
"us"). The Terms herein are entered into by and between okracandle (pty) ltd and
the User. Any reference to "okracandle (pty) ltd", "we", "our" or "us", shall include
our employees, officers, directors, representatives, agents, shareholders,
affiliates, subsidiaries, holding companies, related entities, advisers, subcontractors, service providers and suppliers.
1.2 These terms, including any document incorporated by reference herein,
including, but not limited to the Privacy Policy (collectively, the "Terms") apply
to any User who uses any one or more of the Services, accesses, refers to, views
and/or downloads any information or material made available on the Website
for whatever purpose (hereinafter referred to as “User”, "you" or "your").
1.3 Accessing and/or use of the Website after the Effective Date will signify that
you have read, understand, accept, and agree to be bound, and are bound, by
the Terms, in your individual capacity and for and on behalf of any entity for
whom you use the Website. Further, you represent and warrant that you have
the authority to do so and that you are a Competent Person (as defined in the
Protection of Personal Information Act, 4 of 2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with
prospective effect without prior notice to you, and any revisions to the Terms
will take effect once a popup on the Website, advising of the update, has been
agreed to by a User. Such modifications will require acceptance by you prior to
your continued use of the Website, and shall thereby be construed as your
consent to the amended or updated Terms. Your only remedy, should you not
agree to these Terms, is to refuse acceptance of the amended or updated
Terms, thereby preventing your use of this Website.
Clause 2 Terminology
2.1 “Browser” shall mean any person who visits any page of the Website, whether
by landing at the home page or any other page through use of a hyperlink of
another website or by direct access to the Website and who has no intention
of using, or does not use, the Services offered by us;
2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or
gazetted public holiday in the Republic of South Africa during working hours;
2.3 “Cart” shall mean the User’s Cart on the Website in which it stores intended
purchases prior to payment being made;
2.4 “Goods” shall mean the products and/or services as made available to a User
for purchase on the Website, and which shall include, inter alia, goods and/or
services relating to the following: okracandle (pty) ltd sell gift items for any
occasion;
2.5 "Party” or “Parties” shall mean okracandle (pty) ltd and/or or the User as
the context implies;
2.6 “Personal Information” shall mean the Personal Information as required from
the User in order to register for the Services;
2.7 “Registration Process” refers to the Registration Process to be followed by a
Browser on our Website in order to enable them to use the Services and thus
make the transition from a Browser to a User;
2.8 “Services” shall refer to the Services provided by us to the User as set out in
clause Clause 4 below;
2.9 “Terms” shall mean these Terms of Service as read together with the Privacy
Policy; and
2.10 “User” shall mean the Browser who completes the Registration Process on the
Website in order to make use of the Services.
2.11 Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to the same.
Clause 3 Your agreement to these Terms
3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to
you a limited, revocable, non-transferable license to access and use the
Website in accordance with the various policies and agreements which may
govern such use and access.
Clause 4 Description of our Services
4.1 The Website enables you to shop for and purchase Goods.
Clause 5 Purchase of Goods
5.1 The Goods as selected by the User for purchase together with the individual
price thereof shall be reflected in the User’s Cart. The price of each of the
Goods shall automatically be tallied in the Cart, as a total, which total shall be
inclusive of VAT to the extent that we are registered for VAT.
5.2 The cost of delivery of the Goods shall also be included in the total comprising
the User’s Cart.
Clause 6 Payment
6.1 Payment may be made in one of the following manners:
6.1.1 Credit Card - where payment is made by 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 Goods will be
cancelled. You warrant that you are fully authorised to use the credit card
supplied for purposes of paying the Goods. You also warrant that your credit
card has sufficient available funds to cover all the costs incurred as a result of
the services used on the Website.
6.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer.
6.2 Goods will only be released for delivery once payment has been received into
our banking account.
Clause 7 Delivery of Goods
7.1 The Goods shall be delivered to the User through the services of a courier of
our selection:
7.1.1 The Goods shall be delivered to the User at the address selected during the
payment process.
7.1.2 The Goods shall be delivered, where possible on a Business Day, but this shall
depend on the courier company.
7.1.3 Any additional charges that may be levied in respect of the delivery of the
Goods or forced return of the Goods such as, but not limited to, custom
blockage in respect of a User outside of the Republic of South Africa, shall be
for the User’s account. Alternatively;
7.2 The Goods shall be made available for collection by the User at for a period of
two weeks after the order was placed on the Website.
7.3 We shall endeavour to have the Goods delivered to you as soon as reasonably
possible, we shall not be held liable for any late deliveries attended to.
7.4 Our obligation to provide the Goods to you is fulfilled upon delivery/collection
thereof. We are not responsible for any loss or unauthorised use of the Goods
after provision thereof to you.
Clause 8 Warranties by the User
8.1 The User warrants and represents that the Personal Information provided to
us is and shall remain accurate, true and correct and that the User will update
the Personal Information held by us to reflect any changes as soon as possible.
8.2 The User further warrants that when registering on the Website it:
8.2.1 is not impersonating any person; and
8.2.2 is not violating any applicable law regarding use of personal or identification
information.
8.2.3 Further and insofar as the Registration Process is concerned, the User warrants
that the login details shall:
8.2.3.1 be used for personal use only; and
8.2.3.2 not be disclosed by a User to any third party.
8.3 The User agrees that, once the correct login details relating to the User’s
account have been entered, irrespective of whether the use of the Log in
Details is unauthorised or fraudulent, the User will be liable for payment of any
such Goods purchased.
Clause 9 Warranties by okracandle (pty) ltd
9.1 We make no representation or warranty (express or implied) that the Website
or Services will:
9.1.1 meet a User’s needs;
9.1.2 be accessible at all times;
9.1.3 be accurate, complete or current; or
9.1.4 be free from viruses.
9.2 Subject to any express terms, okracandle (pty) ltd makes no representation or
warranty as to the volume or subject area of Services accessible through the
Website.
9.3 Except for any express warranties in these Terms the Services are provided “as
is”. okracandle (pty) ltd makes no other warranties, express or implied, statutory
or otherwise, including but not limited to warranties of merchantability, title,
fitness for a particular purpose or non-infringement. We do not provide any
warranties against viruses, spyware or malware that may be installed on your
computer as a result of you accessing or using the Website.
9.4 okracandle (pty) ltd does not warrant that the use of the Website will be
uninterrupted or error free, nor does okracandle (pty) ltd warrant that we will
review information for accuracy.
9.5 okracandle (pty) ltd shall not be liable for delays, interruptions, service failures or
other problems inherent in use of the internet and electronic communications
or other systems outside the reasonable control of okracandle (pty) ltd. While a
User may have statutory rights, the duration of any such statutorily warranties,
will be limited to the shortest period to the extent permitted by required law.
Clause 10 Unauthorised use of the Website or email addresses as provided by us
10.1 A User may not use the Website for any objectionable or unlawful purpose.
10.2 A User, apart from uploading Personal Information as required when
completing the Registration Process may also after the purchase of Goods add
a review or comment relating to the Goods so purchased by it .
10.3 We reserve the right to remove any such review in the event that same is
untrue, inflammatory or libellous.
10.4 A User undertakes not to send to us spam mail, or make use of other
unsolicited mass e-mailing techniques.
10.5 A User shall not introduce any virus, worm, trojan horse, malicious code or
other program which may damage computers or other computer-based
equipment through email communication with us.
10.6 A User may not sell, redistribute or use information contained on the Website
for a commercial purpose without our prior written consent.
10.7 A User may not remove or alter our copyright notices or other means of
identification including any watermarks, as they appear on the Website or any
of our emails.
10.8 A User understands and agrees that it is solely responsible for compliance with
any and all laws, rules and regulations that may apply to its use of the Website
or the Services.
Clause 11 Links to other Websites
11.1 The Website may contain links or portals to other websites. We have no control
over websites operated by third parties and the User agrees that we are not
responsible for and will have no liability in connection with a User’s access to
or use of any third-party website.
Clause 12 Limitation of Liability and Indemnity
12.1 The Website shall be used entirely at a User’s own risk.
12.2 We are not responsible for, and the User agrees that we will have no liability
in relation to, the use of and conduct in connection with the Website, or any
other person’s use of or conduct in connection with the Website, in any
circumstance.
12.3 We cannot guarantee or warrant that any file downloaded from the Website
or delivered to you via email will be free of infection or virus, worms, trojan
horses or other code that has contaminating or destructive qualities. A User is
responsible for implementing appropriate processes, systems and procedures
to protect itself from this type of issue.
12.4 A User indemnifies us, and agrees to keep us indemnified, from and against
any claim, loss, damage, cost or expense that we may suffer or incur as a result
of or in connection with a User’s improper use of or conduct in connection with
the Website, including any breach by a User of these terms or any applicable
law or licensing requirements.
12.5 To the maximum extent permitted by law we exclude all implied
representations and warranties which, but for these terms, might apply in
relation to a User’s use of the Website.
12.6 To the extent that our liability cannot be excluded by law, our maximum
liability, whether in contract, equity, statute or delict (including negligence), to
a User will be limited to the minimum amount imposed by such law.
12.7 Notwithstanding anything to the contrary in these terms, in no circumstances
will we be liable for any indirect, punitive or consequential loss or damages,
loss of income, profits, goodwill, data, contracts, use of money or any loss or
damages arising from or in any way connected to interruption of the Services
of any type, whether in delict, contract or otherwise.
Clause 13 Copyright
13.1 okracandle (pty) ltd and the contents of the Website are the property of
okracandle (pty) ltd, unless specified otherwise, and are protected by South African and
international copyright laws. Furthermore, the compilation (meaning the
collection, arrangement, and assembly) of all content on the Website and/or
the Services, is our property, unless credit is attributed to the author thereof,
and is, likewise, protected by South African and international copyright laws.
13.2 Except as stated in the Terms, none of the contents may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, except as
permitted by the fair use privilege under the South African copyright laws or
without our prior written permission, which should such consent be provided,
we reserve our right to withdraw such consent at any stage, in our sole and
absolute discretion.
13.3 Users are expressly prohibited to “mirror” any content, contained on the
Website, on any other server unless our prior written permission is obtained,
which should such consent be provided, we reserve our right to withdraw such
consent at any stage, in our sole and absolute discretion.
13.4 The User is granted a limited, revocable, and non-exclusive right to create a
hyperlink to the Website, so long as the link does not portray us, our affiliates,
Goods or Services in a false, misleading, derogatory, or otherwise offensive
manner. A User may not use our logo or other proprietary graphic or trademark
as part of the link without our permission or the permission of our affiliates or
content suppliers.
13.5 All trademarks and copyrights, together with any other intellectual property
rights, in and to any of the content of the Website, where not evidently that of
third parties, are the exclusive property of okracandle (pty) ltd.
Clause 14 Intellectual Property
14.1 A User undertakes not to attempt to decipher, decompile, disassemble or
reverse engineer any of the software or code comprising or in any way making
up a part of the Website including any algorithm used by us.
14.2 We own or are licensed to use all intellectual property on the Website. A User
may not use any of our intellectual property for any purpose other than as may
be required to use the Website for its intended purpose.
Clause 15 Breach
15.1 If either Party commits a breach of the Terms and fails to remedy such breach
within 7 (seven) days of receipt of written notice requiring the breach to be
remedied, then the Party giving notice shall be entitled, at its option, either to
cancel the Terms and claim damages or alternatively to claim specific
performance of all the defaulting Party’s obligations, together with damages,
if any, whether or not such obligations have fallen due for performance.
Clause 16 Arbitration
16.1 Any dispute which arises between the Parties in respect of the Terms shall
require the Parties to use their best endeavours to resolve the dispute
informally within 7 (seven) days of the dispute having been raised in writing.
16.2 If either Party provides written notification to the other that such attempt has
failed then each Party shall attempt to agree upon the appointment of a
suitably qualified mediator, within 10 (ten) days of such dispute being referred.
16.3 If agreement is not reached as to the appointment of such mediator within 10
(ten) days after either Party has in writing called for the appointment of a
mediator, or where an appointment has been agreed upon and such mediator
is not able to mediate a resolution of such dispute within 30 (thirty) days after
such appointment then any Party may give written notice to the other Parties
referring the dispute to arbitration in accordance with the rules of Arbitration
Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed
by AFSA.
16.4 Either Party may demand that a dispute be referred to arbitration by giving
written notice to that effect to the other Party. This clause shall not preclude
either Party from obtaining interim relief on an urgent basis from a court of
competent jurisdiction pending the decision of the arbitrator.
16.5 The arbitration shall be held –
16.5.1 at/in Gauteng or other venue agreed by the parties in writing;
16.5.2 in English; and
16.5.3 immediately and with a view to its being completed within 21 (twenty one)
days after it is demanded.
16.5.4 The Parties irrevocably agree that the decision in arbitration proceedings:
16.5.4.1 shall be final and binding upon them;
16.5.4.2 shall be carried into effect;
16.5.4.3 may be made an order of any court of competent jurisdiction.
Clause 17 Assignment and Novation:
17.1 We may assign or novate any of our rights or obligations under these Terms
without a User’s consent. A User may not assign or novate any of his/her rights.
Clause 18 Force Majeure:
18.1 The failure of either Party to fulfil any of their obligations under these Terms
shall not be considered to be a breach of, or default provided such inability
arises from an event of Force Majeure, and that either of the Parties who may
be affected by such an event has taken all reasonable precautions, due care
and reasonable alternative measures in order to meet these Terms, and has
informed the other as soon as possible about the occurrence of such an event.
18.2 During the subsistence of Force Majeure, the performance of both Parties
under these Terms shall be suspended, on condition that either of them may
elect to cancel any Services should the event of Force Majeure continues for
more than 14 (fourteen) days by giving written notice to the other.
Clause 19 General
19.1 To the extent permitted by law, these Terms shall be governed by and be
construed in accordance with South African law, and any dispute arising out of
these Terms shall be submitted to the competent South African courts having
the requisite jurisdiction to hear the matter.
19.2 Subject to the dispute resolution provisions above, to the extent necessary
and/or possible, you consent to the non-exclusive jurisdiction of the High Court
in Gauteng or an alternative appropriate South African court seized with
appropriate jurisdiction in all disputes arising out of the Terms, our Services,
and/or related agreements incorporated by reference.
Clause 20 Severance
20.1 If any of these terms are deemed invalid or unenforceable for any reason
(including, but not limited to the exclusions and limitations set out above), then
the invalid or unenforceable provision will be severed from these Terms and
the remaining terms will continue to apply. Failure by us to enforce any of the
provisions set out in these Terms and/or any other agreement, or failure to
exercise any option to terminate, shall not be construed as a waiver of such
provisions and shall not affect the validity of these Terms or of any agreement
or any part thereof, or the right thereafter to enforce each and every provision.
Clause 21 Domicilium Citandi Et Executandi and Contact Information
21.1 The User and okracandle (pty) ltd choose as their respective domicilium citandi et
executandi for the purpose of legal proceedings and for the purpose of giving
or sending any notice provided for or necessary of these Terms, the following:
21.1.1 okracandle (pty) email@okracandle.co.za.
21.1.2 User: The address as provided when registering on the Website.
21.2 Both the User and okracandle (pty) ltd may change its domicilium to any other
physical address or email address by written notice to the other to that effect.
Such change of address will be effective 7 (Seven) days after receipt of notice
of change of domicilium.
21.3 All notices to be given in terms of these Terms will:
21.3.1 be given in writing;
21.3.2 be delivered or sent by email; and
21.3.3 be presumed to have been received on the date of delivery.
These Terms of Service (“Terms”) are effective as of : 1 December 2022 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE
OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU
CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE
TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES
OTHERWISE.
Clause 1 Introduction
1.1 The website https://www.okracandle.co.za/ (“the Website”) is operated and/or
owned by okracandle (pty) ltd (hereinafter referred to as "okracandle (pty) ltd", "we", “our" or
"us"). The Terms herein are entered into by and between okracandle (pty) ltd and
the User. Any reference to "okracandle (pty) ltd", "we", "our" or "us", shall include
our employees, officers, directors, representatives, agents, shareholders,
affiliates, subsidiaries, holding companies, related entities, advisers, subcontractors, service providers and suppliers.
1.2 These terms, including any document incorporated by reference herein,
including, but not limited to the Privacy Policy (collectively, the "Terms") apply
to any User who uses any one or more of the Services, accesses, refers to, views
and/or downloads any information or material made available on the Website
for whatever purpose (hereinafter referred to as “User”, "you" or "your").
1.3 Accessing and/or use of the Website after the Effective Date will signify that
you have read, understand, accept, and agree to be bound, and are bound, by
the Terms, in your individual capacity and for and on behalf of any entity for
whom you use the Website. Further, you represent and warrant that you have
the authority to do so and that you are a Competent Person (as defined in the
Protection of Personal Information Act, 4 of 2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with
prospective effect without prior notice to you, and any revisions to the Terms
will take effect once a popup on the Website, advising of the update, has been
agreed to by a User. Such modifications will require acceptance by you prior to
your continued use of the Website, and shall thereby be construed as your
consent to the amended or updated Terms. Your only remedy, should you not
agree to these Terms, is to refuse acceptance of the amended or updated
Terms, thereby preventing your use of this Website.
Clause 2 Terminology
2.1 “Browser” shall mean any person who visits any page of the Website, whether
by landing at the home page or any other page through use of a hyperlink of
another website or by direct access to the Website and who has no intention
of using, or does not use, the Services offered by us;
2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or
gazetted public holiday in the Republic of South Africa during working hours;
2.3 “Cart” shall mean the User’s Cart on the Website in which it stores intended
purchases prior to payment being made;
2.4 “Goods” shall mean the products and/or services as made available to a User
for purchase on the Website, and which shall include, inter alia, goods and/or
services relating to the following: okracandle (pty) ltd sell gift items for any
occasion;
2.5 "Party” or “Parties” shall mean okracandle (pty) ltd and/or or the User as
the context implies;
2.6 “Personal Information” shall mean the Personal Information as required from
the User in order to register for the Services;
2.7 “Registration Process” refers to the Registration Process to be followed by a
Browser on our Website in order to enable them to use the Services and thus
make the transition from a Browser to a User;
2.8 “Services” shall refer to the Services provided by us to the User as set out in
clause Clause 4 below;
2.9 “Terms” shall mean these Terms of Service as read together with the Privacy
Policy; and
2.10 “User” shall mean the Browser who completes the Registration Process on the
Website in order to make use of the Services.
2.11 Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to the same.
Clause 3 Your agreement to these Terms
3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to
you a limited, revocable, non-transferable license to access and use the
Website in accordance with the various policies and agreements which may
govern such use and access.
Clause 4 Description of our Services
4.1 The Website enables you to shop for and purchase Goods.
Clause 5 Purchase of Goods
5.1 The Goods as selected by the User for purchase together with the individual
price thereof shall be reflected in the User’s Cart. The price of each of the
Goods shall automatically be tallied in the Cart, as a total, which total shall be
inclusive of VAT to the extent that we are registered for VAT.
5.2 The cost of delivery of the Goods shall also be included in the total comprising
the User’s Cart.
Clause 6 Payment
6.1 Payment may be made in one of the following manners:
6.1.1 Credit Card - where payment is made by 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 Goods will be
cancelled. You warrant that you are fully authorised to use the credit card
supplied for purposes of paying the Goods. You also warrant that your credit
card has sufficient available funds to cover all the costs incurred as a result of
the services used on the Website.
6.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer.
6.2 Goods will only be released for delivery once payment has been received into
our banking account.
Clause 7 Delivery of Goods
7.1 The Goods shall be delivered to the User through the services of a courier of
our selection:
7.1.1 The Goods shall be delivered to the User at the address selected during the
payment process.
7.1.2 The Goods shall be delivered, where possible on a Business Day, but this shall
depend on the courier company.
7.1.3 Any additional charges that may be levied in respect of the delivery of the
Goods or forced return of the Goods such as, but not limited to, custom
blockage in respect of a User outside of the Republic of South Africa, shall be
for the User’s account. Alternatively;
7.2 The Goods shall be made available for collection by the User at for a period of
two weeks after the order was placed on the Website.
7.3 We shall endeavour to have the Goods delivered to you as soon as reasonably
possible, we shall not be held liable for any late deliveries attended to.
7.4 Our obligation to provide the Goods to you is fulfilled upon delivery/collection
thereof. We are not responsible for any loss or unauthorised use of the Goods
after provision thereof to you.
Clause 8 Warranties by the User
8.1 The User warrants and represents that the Personal Information provided to
us is and shall remain accurate, true and correct and that the User will update
the Personal Information held by us to reflect any changes as soon as possible.
8.2 The User further warrants that when registering on the Website it:
8.2.1 is not impersonating any person; and
8.2.2 is not violating any applicable law regarding use of personal or identification
information.
8.2.3 Further and insofar as the Registration Process is concerned, the User warrants
that the login details shall:
8.2.3.1 be used for personal use only; and
8.2.3.2 not be disclosed by a User to any third party.
8.3 The User agrees that, once the correct login details relating to the User’s
account have been entered, irrespective of whether the use of the Log in
Details is unauthorised or fraudulent, the User will be liable for payment of any
such Goods purchased.
Clause 9 Warranties by okracandle (pty) ltd
9.1 We make no representation or warranty (express or implied) that the Website
or Services will:
9.1.1 meet a User’s needs;
9.1.2 be accessible at all times;
9.1.3 be accurate, complete or current; or
9.1.4 be free from viruses.
9.2 Subject to any express terms, okracandle (pty) ltd makes no representation or
warranty as to the volume or subject area of Services accessible through the
Website.
9.3 Except for any express warranties in these Terms the Services are provided “as
is”. okracandle (pty) ltd makes no other warranties, express or implied, statutory
or otherwise, including but not limited to warranties of merchantability, title,
fitness for a particular purpose or non-infringement. We do not provide any
warranties against viruses, spyware or malware that may be installed on your
computer as a result of you accessing or using the Website.
9.4 okracandle (pty) ltd does not warrant that the use of the Website will be
uninterrupted or error free, nor does okracandle (pty) ltd warrant that we will
review information for accuracy.
9.5 okracandle (pty) ltd shall not be liable for delays, interruptions, service failures or
other problems inherent in use of the internet and electronic communications
or other systems outside the reasonable control of okracandle (pty) ltd. While a
User may have statutory rights, the duration of any such statutorily warranties,
will be limited to the shortest period to the extent permitted by required law.
Clause 10 Unauthorised use of the Website or email addresses as provided by us
10.1 A User may not use the Website for any objectionable or unlawful purpose.
10.2 A User, apart from uploading Personal Information as required when
completing the Registration Process may also after the purchase of Goods add
a review or comment relating to the Goods so purchased by it .
10.3 We reserve the right to remove any such review in the event that same is
untrue, inflammatory or libellous.
10.4 A User undertakes not to send to us spam mail, or make use of other
unsolicited mass e-mailing techniques.
10.5 A User shall not introduce any virus, worm, trojan horse, malicious code or
other program which may damage computers or other computer-based
equipment through email communication with us.
10.6 A User may not sell, redistribute or use information contained on the Website
for a commercial purpose without our prior written consent.
10.7 A User may not remove or alter our copyright notices or other means of
identification including any watermarks, as they appear on the Website or any
of our emails.
10.8 A User understands and agrees that it is solely responsible for compliance with
any and all laws, rules and regulations that may apply to its use of the Website
or the Services.
Clause 11 Links to other Websites
11.1 The Website may contain links or portals to other websites. We have no control
over websites operated by third parties and the User agrees that we are not
responsible for and will have no liability in connection with a User’s access to
or use of any third-party website.
Clause 12 Limitation of Liability and Indemnity
12.1 The Website shall be used entirely at a User’s own risk.
12.2 We are not responsible for, and the User agrees that we will have no liability
in relation to, the use of and conduct in connection with the Website, or any
other person’s use of or conduct in connection with the Website, in any
circumstance.
12.3 We cannot guarantee or warrant that any file downloaded from the Website
or delivered to you via email will be free of infection or virus, worms, trojan
horses or other code that has contaminating or destructive qualities. A User is
responsible for implementing appropriate processes, systems and procedures
to protect itself from this type of issue.
12.4 A User indemnifies us, and agrees to keep us indemnified, from and against
any claim, loss, damage, cost or expense that we may suffer or incur as a result
of or in connection with a User’s improper use of or conduct in connection with
the Website, including any breach by a User of these terms or any applicable
law or licensing requirements.
12.5 To the maximum extent permitted by law we exclude all implied
representations and warranties which, but for these terms, might apply in
relation to a User’s use of the Website.
12.6 To the extent that our liability cannot be excluded by law, our maximum
liability, whether in contract, equity, statute or delict (including negligence), to
a User will be limited to the minimum amount imposed by such law.
12.7 Notwithstanding anything to the contrary in these terms, in no circumstances
will we be liable for any indirect, punitive or consequential loss or damages,
loss of income, profits, goodwill, data, contracts, use of money or any loss or
damages arising from or in any way connected to interruption of the Services
of any type, whether in delict, contract or otherwise.
Clause 13 Copyright
13.1 okracandle (pty) ltd and the contents of the Website are the property of
okracandle (pty) ltd, unless specified otherwise, and are protected by South African and
international copyright laws. Furthermore, the compilation (meaning the
collection, arrangement, and assembly) of all content on the Website and/or
the Services, is our property, unless credit is attributed to the author thereof,
and is, likewise, protected by South African and international copyright laws.
13.2 Except as stated in the Terms, none of the contents may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, except as
permitted by the fair use privilege under the South African copyright laws or
without our prior written permission, which should such consent be provided,
we reserve our right to withdraw such consent at any stage, in our sole and
absolute discretion.
13.3 Users are expressly prohibited to “mirror” any content, contained on the
Website, on any other server unless our prior written permission is obtained,
which should such consent be provided, we reserve our right to withdraw such
consent at any stage, in our sole and absolute discretion.
13.4 The User is granted a limited, revocable, and non-exclusive right to create a
hyperlink to the Website, so long as the link does not portray us, our affiliates,
Goods or Services in a false, misleading, derogatory, or otherwise offensive
manner. A User may not use our logo or other proprietary graphic or trademark
as part of the link without our permission or the permission of our affiliates or
content suppliers.
13.5 All trademarks and copyrights, together with any other intellectual property
rights, in and to any of the content of the Website, where not evidently that of
third parties, are the exclusive property of okracandle (pty) ltd.
Clause 14 Intellectual Property
14.1 A User undertakes not to attempt to decipher, decompile, disassemble or
reverse engineer any of the software or code comprising or in any way making
up a part of the Website including any algorithm used by us.
14.2 We own or are licensed to use all intellectual property on the Website. A User
may not use any of our intellectual property for any purpose other than as may
be required to use the Website for its intended purpose.
Clause 15 Breach
15.1 If either Party commits a breach of the Terms and fails to remedy such breach
within 7 (seven) days of receipt of written notice requiring the breach to be
remedied, then the Party giving notice shall be entitled, at its option, either to
cancel the Terms and claim damages or alternatively to claim specific
performance of all the defaulting Party’s obligations, together with damages,
if any, whether or not such obligations have fallen due for performance.
Clause 16 Arbitration
16.1 Any dispute which arises between the Parties in respect of the Terms shall
require the Parties to use their best endeavours to resolve the dispute
informally within 7 (seven) days of the dispute having been raised in writing.
16.2 If either Party provides written notification to the other that such attempt has
failed then each Party shall attempt to agree upon the appointment of a
suitably qualified mediator, within 10 (ten) days of such dispute being referred.
16.3 If agreement is not reached as to the appointment of such mediator within 10
(ten) days after either Party has in writing called for the appointment of a
mediator, or where an appointment has been agreed upon and such mediator
is not able to mediate a resolution of such dispute within 30 (thirty) days after
such appointment then any Party may give written notice to the other Parties
referring the dispute to arbitration in accordance with the rules of Arbitration
Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed
by AFSA.
16.4 Either Party may demand that a dispute be referred to arbitration by giving
written notice to that effect to the other Party. This clause shall not preclude
either Party from obtaining interim relief on an urgent basis from a court of
competent jurisdiction pending the decision of the arbitrator.
16.5 The arbitration shall be held –
16.5.1 at/in Gauteng or other venue agreed by the parties in writing;
16.5.2 in English; and
16.5.3 immediately and with a view to its being completed within 21 (twenty one)
days after it is demanded.
16.5.4 The Parties irrevocably agree that the decision in arbitration proceedings:
16.5.4.1 shall be final and binding upon them;
16.5.4.2 shall be carried into effect;
16.5.4.3 may be made an order of any court of competent jurisdiction.
Clause 17 Assignment and Novation:
17.1 We may assign or novate any of our rights or obligations under these Terms
without a User’s consent. A User may not assign or novate any of his/her rights.
Clause 18 Force Majeure:
18.1 The failure of either Party to fulfil any of their obligations under these Terms
shall not be considered to be a breach of, or default provided such inability
arises from an event of Force Majeure, and that either of the Parties who may
be affected by such an event has taken all reasonable precautions, due care
and reasonable alternative measures in order to meet these Terms, and has
informed the other as soon as possible about the occurrence of such an event.
18.2 During the subsistence of Force Majeure, the performance of both Parties
under these Terms shall be suspended, on condition that either of them may
elect to cancel any Services should the event of Force Majeure continues for
more than 14 (fourteen) days by giving written notice to the other.
Clause 19 General
19.1 To the extent permitted by law, these Terms shall be governed by and be
construed in accordance with South African law, and any dispute arising out of
these Terms shall be submitted to the competent South African courts having
the requisite jurisdiction to hear the matter.
19.2 Subject to the dispute resolution provisions above, to the extent necessary
and/or possible, you consent to the non-exclusive jurisdiction of the High Court
in Gauteng or an alternative appropriate South African court seized with
appropriate jurisdiction in all disputes arising out of the Terms, our Services,
and/or related agreements incorporated by reference.
Clause 20 Severance
20.1 If any of these terms are deemed invalid or unenforceable for any reason
(including, but not limited to the exclusions and limitations set out above), then
the invalid or unenforceable provision will be severed from these Terms and
the remaining terms will continue to apply. Failure by us to enforce any of the
provisions set out in these Terms and/or any other agreement, or failure to
exercise any option to terminate, shall not be construed as a waiver of such
provisions and shall not affect the validity of these Terms or of any agreement
or any part thereof, or the right thereafter to enforce each and every provision.
Clause 21 Domicilium Citandi Et Executandi and Contact Information
21.1 The User and okracandle (pty) ltd choose as their respective domicilium citandi et
executandi for the purpose of legal proceedings and for the purpose of giving
or sending any notice provided for or necessary of these Terms, the following:
21.1.1 okracandle (pty) email@okracandle.co.za.
21.1.2 User: The address as provided when registering on the Website.
21.2 Both the User and okracandle (pty) ltd may change its domicilium to any other
physical address or email address by written notice to the other to that effect.
Such change of address will be effective 7 (Seven) days after receipt of notice
of change of domicilium.
21.3 All notices to be given in terms of these Terms will:
21.3.1 be given in writing;
21.3.2 be delivered or sent by email; and
21.3.3 be presumed to have been received on the date of delivery.