In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean;
“Account” means your DC Online Account;
“Agreement” means these terms and conditions;
“Days” means all days in a month, including weekends and holidays;
“DC Online” means DC Online (Pty) Ltd, which is a company registered in South Africa with our principal offices at Viscount Office Park, Unit 1, Block C, No.8. Viscount Road, Bedfordview, Johannesburg 2008, South Africa. Our company registration number is 2016/111139/07.
“Delivery Period” means the 30 (Thirty) days period after DC Online accepts your order;
“Buyer” means a person acting on behalf of a juristic person or company who purchases any goods or services offered for sale on the Site and whose asset value or annual turnover at the time of the transaction exceeds the threshold envisaged in Clause 5(2)(b) and Clause 6 of the Consumer Protection Act No. 68 of 2008;
“Confirmation Notice” means the notification that will be sent to the Buyer upon a successful sale;
“Goods” means, inter alia, fashions, accessories, shoes, beddings, blankets, curtains, lighting, toys, stationeries, luggage, plastic products, electronic goods and kitchenware;
“Indemnified Party” means DC Online its officers, employees, contractors, consultants and agents from time to time, and any related entities, associated or affiliates of DC Online, and each of their respective officers, employees, contractors, consultants and agents from time to time; “Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
“Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract;
“Personal Information” or “Your Information” are used interchangeably in this Agreement, and mean any and all information that you provide to us in using this site, including but not limited to:
your registration details including your name, address, email, telephone and company information;
your credit card details or any other financial information;
unique identifiers including your company name;
the information that we learn about you as a result of your use of this Site, including without limitation, through the goods and services you post on this Site;
the information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;
that information defined as personal information in Section 1 of the Protection of Personal Information Act No. 4 of 2013;
“Register” means to create an Account on the Site, and "Registration" means the action of creating an Account.
“Site” means www.dconline.co.za, it associated websites, mobile applications, electronic communications or services, social networking sites, or any
“Services” means all or any of the services provided by DC Online via the Site (or via other electronic - or other - communication from DC Online) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase);
“Unsolicited Materials” means unsolicited ideas, suggestions, material, images or other work in any form;
“User Content” means user submitted reviews, opinions, advice, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs and other content;
“VAT” means Value Added Tax Act No. 89 of 1991;
“We”, “Us”, “Ourselves” and “DC Online” are used interchangeably in this Agreement and all mean “DC Online”; and
“You” or “Your” means you, as a buyer, and your successors and permitted assignees.
You have arrived at our terms and conditions for use of this Site by you. These terms and conditions, together with the privacy statement form this Agreement. This Agreement is a binding agreement between you and DC Online. It also sets out some of the terms and conditions governing your purchasing goods and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them.
We will provide you with the Services only once you have accepted the terms and conditions of this Agreement by clicking on the“REGISTER NOW" button when registering with us.
By entering any and all personal information on this Site in the creation of an account, in registering with DC Online, in making a sale or purchase, by accepting this Agreement, you consent to the processing of your personal information by DC Online in terms of the Protection of Personal Information Act No. 4 of 2013.
We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.
By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect, will be deemed to be your acceptance of those changes to the terms of this Agreement.
You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a written warning asking you to rectify your conduct (although we will not be obliged to do so), If you:
infringe or are suspected of infringing the Intellectual Property Rights of any other person;
are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
have an overdue payment on your DC Online Account; or
otherwise breach this Agreement, we may, in our absolute discretion:
withhold from you, your use of any or all of the Services;
delete or remove, without incurring any liability to you, any or all of your information and block incoming and outgoing data or message transfers;
restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
ENTERING INTO THIS AGREEMENT
You represent and warrant to us that you are a juristic entity or act on behalf of a juristic entity and:
as a consumer and juristic person, your asset value or annual turnover at the time of the transaction equals or exceeds the threshold value envisaged by the Minister of Trade and Industry in terms of Clause 6 of the Consumer Protection Act No. 68 of 2008
entering into this Agreement does not violate your Constitution; and
you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement; and
you acknowledge that DC Online is a wholesaler B2B portal and by accepting this Agreement, you are bound by the Terms and Conditions set out herein
If you are not a juristic entity, and/or you do not act on behalf of a juristic entity then you should not accept these terms and conditions. The Site is meant only for the bulk sales of Goods.
LICENCE OF, AND USE OF, YOUR INFORMATION
You hereby grant to us a nonexclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.
We agree to use your information only in accordance with the Privacy Statement below. If you do not agree with the terms of the Privacy Statement, do not accept these terms and conditions.
We further agree and/or undertake to process your personal information in accordance with the provisions of the Protection of Personal Information Act No. 4 of 2013.
The Website enables you to shop online for an extensive range of Goods. We provide an online digital platform (including this Site, mobile applications, etc.) where we list offers for Goods. As an online digital platform provider, we help facilitate transactions for Goods on our platform.
The Site and our Services are for your commercial use only, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
We reserve the right to prevent you from using the Site and the Services (or any part of them).
REGISTERING WITH US AND USE OF YOUR ACCOUNT
Why Register: Only registered users may order Goods on the Website. This is so that we can provide you with easy access to select and make a purchase, view your past purchases, keep check of your credit and modify your preferences. We reserve the right to decline a new registration or to cancel an account at any time. Once you are registered with us, you don’t have to re-enter your information every time you make a purchase on our site.
How to Register: To register you need to supply us with a unique username, password, your name, cellphone number, email address and other personal information. You will need to use your unique username and password to access the Website in order to purchase Goods.
Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. 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 unauthorised 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. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
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 Site 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.
Valid email addresses:All Accounts must be registered with a valid personal or business email address that you access regularly. Any DC Online Accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their DC Online Accounts if we believe they have been using an invalid email address.
Emails: DC Online may send you administrative and promotional emails or SMS. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you have made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
Cancellation: DC Online reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Buyer's standards. Should DC Online exercise this right, the Buyer will receive a full credit refund with no deductions.
Promotions, Gift Vouchers & Discount Vouchers: DC Online Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. It cannot be resold to- or exchanged with a third party and can only be redeemed online through DC Online Website. One discount code can only be used once at a time or per single order. Order will only be dispatched when the orders and payments are completed online.
Returns & exchanges: This will only be accepted if the product(s) have defaults. Free returns and credit refunds do not apply for the above mentioned promotions. For more details, take a look at ourReturn Policy.
We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by you, if:
that information and/or those goods or services, as applicable;
infringe or is suspected of infringing the Intellectual Property Rights of any person; or
may create any liability for us whatsoever;
in relation to Goods listed as being for sale that we reasonably believe is not a legitimate, or commercially realistic price for the goods and/or services;
it is otherwise in our commercial interests to do so;
we are required by law to do so;
you breach any provision of this Agreement; or
for any other reason whatsoever, and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Paragraph, are hereby waived.
User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit User Content. User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.
Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. DC Online does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Use of User Content: DC Online has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. DC Online further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by DC Online, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, DC Online has the right to remove any material from the Site in its sole and absolute discretion. DC Online assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. DC Online has no obligation to use your User Content and may not use it at all.
Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. DC Online makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of DC Online’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. DC Online is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.
Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by DC Online. Other users may post User Content that is inaccurate, misleading or deceptive. DC Online does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of DC Online. DC Online does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.
Grant: Some User Content you submit to DC Online may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant DC Online a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you. However, DC Online shall have no obligation to use your personal information in connection with any User Content.
License: As between you and DC Online, you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant DC Online a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. DC Online’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, quality control or any other lawful purpose.
Copyright Policy and Procedure: DC Online reserves the right to terminate the right to use the Site by anybody who infringes the copyrights of another. If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, and you would like to bring this material to DC Online 's attention, you must provide DC Online‘s Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for DC Online‘s Copyright Agent for notice of claims of copyright infringement is:[email protected]
Unsolicited Ideas: We do not accept or consider, directly or through any DC Online employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any Unsolicited Materials. If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
DC Online has no obligation to review any Unsolicited Materials, nor to keep any unsolicited materials confidential; and
DC Online will own, and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
You agree and warrant to DC Online that:
is accurate and not false, misleading, deceptive or fraudulent;
does not breach any Intellectual Property Rights of a third party;
is made in compliance with all applicable laws, government regulations or guidelines;
is not forged, threatening or offensive or otherwise constitutes harassment;
does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
will not defame another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
your information will be kept up to date and that you will edit your account/profile and any other information accordingly;
you have the legal capacity to purchase any goods or services that you purchase, and, will not otherwise be breaching any law in purchasing those goods or services;
you will not purchase any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services;
the purchase of any goods and/or services on this Site is absolutely at your own risk;
STANDARDS AND DC ONLINE’S LIMITATION OF ITS LIABILITY
The standards we operate under: DC Online always tries its best at what it does and promises that:
we will exercise reasonable care and skill in performing any obligation under this Agreement;
What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by DC Online itself; or (iv) any Liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages.
Categories of loss that we are not responsible for: we are never liable for:
loss of income or revenue;
loss of actual or anticipated profits;
loss of business; or
indirect or consequential loss (whether those losses are foreseeable, known, foreseen or otherwise).
Accurate information: You warrant that all information provided on registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
Content on the Site: It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.
Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:
to upload, send or receive any material, including User Content, which is not civil or tasteful;
to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
to cause annoyance, inconvenience or needless anxiety;
to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
for a purpose other than which we have designed them or intended them to be used;
for any fraudulent purpose; or
in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
resell the Services or Site;
furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
execute any form of network monitoring which will intercept data not intended for you;
send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
send malicious email, including flooding a user or site with very large or numerous emails;
enter into fraudulent interactions (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
use in an unauthorized manner, or forge, mail header information;
engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
copy or use any User Content for any commercial purposes.
Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
RULES ABOUT USE OF THE SERVICES AND THE SITE
In using the Site, you must not:
illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
offer, sell, export, or import any Prohibited Goods and Services;
offer, sell, export, or import any goods and services if this breaches any law applicable to you; and
engage in any practice or conduct that is unlawful under any laws applicable to you;
copy, modify, or distribute rights or content from our sites, services or tools or DC Online's copyrights and trademarks;
harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on DC Online without the express permission of DC Online; and
Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.
The information and material contained on this Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
Using information about other DC Online users -
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act No. 4 of 2013 and other data protection laws) and only for:
DC Online-transaction-related purposes that are not unsolicited commercial communications;
using services offered through DC Online; and
other purposes a user expressly agrees to.
You agree to respect other users' privacy and disclose your privacy and security policies to them. You must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
Errors and omissions: We are not liable for errors or omissions if we have complied with the standards set out in this Agreement. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Item, Services or information on the Site or forming part of the Services from time to time.
Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.
Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.
SUSPENSION AND TERMINATION
If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part).
If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
DC Online shall fully co-operate with any law enforcement authorities or court order requesting or directing DC Online to disclose the identity or locate anyone in breach of this Agreement.
Without limitation to anything else in this Agreement, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
you commit any breach of this Agreement;
we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
Notwithstanding anything else in this Agreement, we may terminate this Agreement at any time.
Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
INTELLECTUAL PROPERTY RIGHTS
DC Online grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by DC Online. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
None of the material listed above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission from DC Online or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
"DC Online", the DC Online logos and variations thereof found on the Site are trademarks owned by DC Online and all use of these marks inures to the benefit of DC Online. Other marks on the site not owned by DC Online may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of DC Online unless otherwise stated, or may be the property of their respective owners. You may not use the DC Online‘s names, logos, trademarks or brands without the DC Online’s express permission.
Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.
Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.
Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Site and providing the Services.
CONCLUSION OF SALES AND AVAILABILITY OF STOCK
Only registered users may place orders for Goods on the Website, which DC Online may accept or reject. Whether or not DC Online 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 authorisation by DC Online for the Goods.
NOTE: DC Online 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 DC Online come into effect (the “Sale”). This is regardless of any communication from DC Online stating that your order or payment has been confirmed. DC Online will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, crediting 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. Cancelled orders on the e-commerce facility will be credited after deduction of a 20% administration fee. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
Placing Goods in a wishlist 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 DC Online 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 DC Online, DC Online will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, DC Online will notify you and you will be entitled to a credit refund of the amount paid by you for such Goods.
DC Online is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment, transaction currency in South African Rand (ZAR), can be made for Goods via:
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 48 hours of placing your order. DC Online will not accept your order if payment has not been received. Reference number on tax invoice should be used as the reference. Please send your Proof of Payment to[email protected], so the team can dispatch your order;
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. Customer details separate from card details will be stored separately from card details;
You may obtain a full record of your payment by checking “my account” or contact us via email at[email protected]. We will also send you email communications about your order and payment.
Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Should any dispute arise between the Parties in connection with – the formation or existence of; the implementation of; the interpretation or application of the provisions of; the Parties’ respective rights and obligations in terms of or arising out of, or the breach or termination of; the validity, enforceability, rectification, termination or cancellation whether in whole or in part of; any documents furnished by the Parties pursuant to the provisions of this agreement or which relates in any way to any matter affecting the interests of the Parties in terms of this Agreement; that dispute shall, unless resolved amongst the Parties to the dispute, be referred to a single arbitrator and be determined by arbitration in terms of this clause.
Any Party to this agreement may demand that the dispute be determined in terms of this clause by written notice given to the other Party.
The arbitration shall be held- at Johannesburg; in a summary manner, i.e. on the basis that it shall not be necessary to observe or carry out either – the usual formalities or procedure (e.g. there shall not be any pleadings or discovery); or the strict rules of evidence. immediately and with the clear intent to its being completed, if possible, within 21 (twenty-one) business days after it is demanded; otherwise under the provision of the Arbitration Act 42 of 1965 of the Republic of South Africa (as amended from time to time) or any other Act passed in substitution therefore.
The arbitrator shall be an attorney from Chen & Lin Attorneys (Ground Floor, 2 Skeen Boulevard, Bedfordview, 2008).
Should a dispute arise between the parties it shall be deemed to be a legal matter.
When the arbitrator has been appointed and has accepted to