IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE SUCH TERMS & CONDITIONS OF USE. |
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- “web site owner” and/or “we” means Just In Time Supplies CC trading as MySupplier (“MySupplier”)
- “user” means any person accessing any part of this web site
- “consumer” means any natural person or company, CC or trust with an annual turnover of less than R1million who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
- "this web site" means www.mysupplier.co.za and all sub-pages, excluding links to external sites
- “ECT Act” means the Electronic Communications & Transactions Act 25 of 2002
- “CPA” means the Consumer Protection Act 68 of 2008
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- Use of this web site is strictly at the sole risk of the user.
- Users wishing to utilise content from the web site may only doing so with the prior written permission of the web site owner. Requests may be submitted by clicking here. The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.
- Any use of the content or any other part of this web site must be clearly accompanied by the following: “© Just In Time Supplies CC [insert year in which content is copied]. All rights reserved.”
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- The web site owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this web site.
- Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected to this web site and/or these terms and conditions before continuing with their use of this web site.
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- Please submit any query in respect of these Terms & Conditions or the use of this web site to the web site owner in any of the following ways:
| Web site owner: |
Just In Time Supplies CC |
| Registered Number: |
CK2006/083206/23 |
| Members: |
J. Marais |
| Tel. |
+ 27 (0)21 913 4895 |
| Fax. |
+ 27 (0)21 913 9138 |
| E-mail: |
info@mysupplier.co.za |
| Web site: |
http://www.mysupplier.co.za |
Postal Address
P.O. Box 2895
Bellville
7535
VAT Number: 4960233288
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- Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.
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- THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.
- Subject to Chapter 7 of the ECT Act, the web site owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this web site.
- Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
- The web site owner has no control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.
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- USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.
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- Under section 42(1)(h) of the ECT Act the cooling-off period set out in section 44 of the ECT Act does not apply.
- Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
- Where a transaction has been so cancelled then
- The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
- The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
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Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
- This web site does store users’ credit card information;
- Transactions are processed on this web site.
- The website owner uses the services of a third party payment system provider, Virtual Card Services. While the web site owner will use reasonable effort to ensure that the services provided by Virtual Card Services are secure; it cannot warrant or guarantee the safety of same and cannot be held liable for any loss sustained by any user arising from any transaction processed by Virtual Card Services.
- The web site owner is registered for VAT and prices reflected on this web site include VAT.
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When making application to become a subscriber to this web site or any online service provided through this web site, users agree that:
- they will be irrevocably bound by the terms and conditions applicable to the use of this web site
- they will provide full and accurate information
- it is the user’s responsibility to check and update information pertaining to their user account
- on registration they will provide a username and password
- registration is for a single user and a subscriber’s username and password cannot be shared with any other person
- a single username and password cannot be used to allow multiple access to other users over a network
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Subscribers and users further undertake not to
- impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications
- modify, access or make available any data stored on a computer device which has been accessed through the web site owner’s network
- make available or upload files that contain software or any other material not owned or licensed to the subscriber
- make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.
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- The web site owner offers a service whereby content featured on the web site may be displayed to a newsreader using RSS Feeds under an implied license. This service is available at no cost for non-commercial use.
- Licences for commercial use of this service will be negotiated by the web site owner on application. For further information please contact us.
- The web site owner reserves the right in its sole discretion and for whatever reason to require users of the syndication service to immediately cease using it upon receipt of notification in this regard.
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- Data messages, including e-mail messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to.
- A data messages sent by the web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- The web site owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
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- In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
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Users and members agree that they will not utilise this web site or any service provided on it to:
- upload, post or otherwise transmit any content that is unlawful or illegal;
- upload, post or otherwise transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;
- upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
- harm or unfairly target minors;
- stalk or harass other users;
- impersonate any person connected to this web site or any service provided on it or otherwise misrepresent their association with any such person;
- take any measures to disguise the origin of any content;
- take any measures to restrict access to any part of the web site, including the use of passwords and hidden pages;
- upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
- use this web site or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;
- upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or telecommunications equipment on which it relies for its operation;
- collect and / or store data on any other user or users;
- engage in any commercial activity without the prior written consent of the web site user, which consent shall not be unreasonably withheld; or
- misrepresent the nature of their membership.
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- Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.
- The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the web site owner.
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- While we take all reasonable security precautions and subject to , no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
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The following acts in connection with this web site are expressly prohibited:
- Gaining or attempting to gain unauthorised access to any web page or part of this web site;
- Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or
- Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.
- We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.
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- Copyright in bibliographic data contained in the web site is held by Nielsen Book Services Limited or its licensors: all rights reserved.
- Copyright in bibliographic data and cover images contained in the web site is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
- Copyright in any other information, content, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner. The web site owner asserts and reserves all its rights, including moral rights, in this regard.
- The web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.
- If you believe that this site in any way infringes a third party copyright or other intellectual property right please contact us specifying the full details of the alleged infringement.
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- Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy.
- The web site owner may monitor and intercept communications made through his web site in order to promote the secure and efficient operation of the web site. Users irrevocably agree that they consent to such interception and monitoring as may be reasonably carried out by the web site owner.
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- This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
- The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
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- Automated transactions and searches are subject to these terms and conditions.
- The use of malicious search technology is prohibited.
- The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
- Search technology which does not unduly retard the operation of this web site is acceptable but the web site owner reserves the right to prohibit any specific entity from employing search technology on the web site.
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- Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.
- Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.
- Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
- The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted through our contact page.
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The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:
- The web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;
- The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site.
- Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site.
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- The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
- This web site is hosted and maintained in the United Kingdom.
- When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
- Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.
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- The user consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of section 28 of the Magistrates Court Act as amended in respect of any dispute flowing from the use of this web site.
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- Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.
- We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.
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- Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
- In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
- These Terms and Conditions contain the record of the entire agreement between the user and the web site owner.
- Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Date of last review: 5 February 2010 |
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