December 29, 2016 by WebDesk with 0 comments

Terms


www.price.com.na (the “Website”) is owned and operated by Radon IT Pty Ltd.

Visitors to the Website (“Users” or “you”), including those who register online for a user account (“User Account”), are bound by this User Agreement (“User Agreement”). If you do not agree to this User Agreement, do not register online for a User Account or otherwise continue to use the Website. Your continued use of the Website will constitute acceptance of the User Agreement unmodified by you. By accepting this User Agreement, you are deemed to have read and agreed with all the provisions thereof.

This User Agreement applies to users who are consumers for purposes of the Consumer Protection Act and Electronic Communications and Transactions Act (“ECT Act”).

Nothing in this User Agreement is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or website in terms of the CPA or ECT Act.

If you are under the age of 18 years, you may not register for a User Account. By registering for a User Account, you warrant that you are over the age of 18 years.

  1. The Price.com.na Servicescom.na operates the Website through which all Users are able to compare or /and purchase a range of products (“Goods”) offered for sale by certain third parties (“Merchants”) as regards prices, other product specifications and characteristics, as well as registered Users’ ratings of such Merchants and/or their products.The Website also provides links to the websites of the Merchants and may include advertising relating to Merchants, other third parties, and their products.

    Provided you are at least 18 years old, you will be able to register for a User Account, in which case you will be able to make use of further services and functionality on the Website, such as being able to rate and review Merchants and/or their products, order Goods on the Website, as well as being able to post comments, manuals, pictures and videos regarding various products.

    To register as a user, you must provide a unique username and password and provide certain information and personal details to Price.com.na. You will need to use your unique username and password to access the Website in order to purchase Goods.

    For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

    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 this User Agreement. You agree to notify Price.com.na immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

    Membership on the Website is free. Price.com.na does not charge any fees for browsing, however when buying items listed for sale on the Marketplace there will be a purchase price and may be a delivery fee.

    Note that the Merchants and products listed on the Website do not necessarily represent all suppliers of the relevant products, or all products available, in the market, and Price.com.na does not guarantee that the prices, registered Users’ ratings and reviews of products and/or Merchants, or any other information specified on the Website, are accurate or error-free. It is specifically recorded that product pricing and characteristics are supplied to Price.com.na by the Merchants who have agreed to be listed on the Website, reviews and comments are those of our registered Users, as submitted by them and don’t reflect the views of Price.com.na, and the ratings given to any Merchants or their products are calculated based on rating submissions made by our registered Users and are not determined by Price.com.na. Price.com.na also makes no guarantees as to the content or accuracy of any external websites to which you may be able to link from the Website.

    Price.com.na shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the applicable Returns Policy.

  2. ReturnsEach Merchant sets their own Returns Policy per shop or per item. You should ensure you review and accept the applicable policy before completing your order on Marketplace. By ordering an item, you are deemed to have read and agreed with the Merchant’s Returns Policy.If a Returns Policy applies to an item and is accepted by the Merchant:
    • 1-15 (one to fifteen) days after delivery of the item, Price.com.na will facilitate the refund process.
    • 16-30 (sixteen to thirty) days after delivery of the item, the Merchant will facilitate the refund process.
    • If an exchange or repair of an item is agreed by the Merchant, the Merchant will make arrangements with you to complete the exchange or repair.
  3. Conclusion of sales and availability of stockRegistered users may place orders for Goods, which Price.com.na or the Merchant may accept or reject. Whether or not Price.com.na or the Merchant 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 Price.com.na for the Goods.NOTE: Price.com.na or the Merchant will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and Price.com.na or the Merchant come into effect (the “Sale”). This is regardless of any communication from Price.com.na stating that your order or payment has been confirmed. If your order has been rejected, Price.com.na will indicate the rejection of your order (by Price.com.na itself or the Merchant) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

    Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.

    Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.

    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 Price.com.na or the Merchant 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.

    com.na relies on inventory information supplied by the relevant Merchant and Price.com.na accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any Goods from a Merchant which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Merchant, your respective rights and obligations being as set out in this User Agreement.

    Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.

Disclaimer

Price.com.na makes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. Price.com.na may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Price.com.na and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

All risk and liability arising from your use of the Website vests with you and neither Price.com.na nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us through contact us page

This Website is supplied on an “as is” basis, has not been compiled or supplied to meet your individual requirements, and Price.com.na is not liable for anything you find on the WebSite or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

If Price.com.na is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will Price.com.na be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.

Your indemnification of Price.com.na

You hereby indemnify and hold harmless each of Price.com.na, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage they may suffer, or third party claims which may be made against them, which arise (directly or indirectly) from or in relation to your conduct on the Website or your failure to comply with this User Agreement (including the Privacy Policy), or your violation of any law or the rights of a third party relating to your use of the Website.

Intellectual Property Rights

Any and all copyright subsisting in the Website, including this User Agreement, vests in Price.com.na and all rights not expressly granted are reserved.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Price.com.na and as such are protected from infringement by local and international legislation and treaties. Note that the Website may contain images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by Merchants or other third parties and you may not copy or use same without their permission.

You may only download, view and print content from this Website for private and non-commercial purposes.

Content & Minors

Price.com.na not liable: Price.com.na cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Price.com.na of any content that may be offensive or illegal. Hyperlinks provided on this Website to other websites are provided as is and Price.com.na does not necessarily agree with, edit or sponsor the content on such web pages.

Minors: There is no age limit on our Users as our Website is not an adult website. However, certain products listed by certain Merchants may be of an adult nature or such that they may only legally be purchased by persons over the age of 18 years, and Price.com.na will not be liable in any way in relation to minors viewing any adult-only product listings on the Website, or subsequently purchasing adult-only products listed on the Website (either because the Website directly linked to the relevant Merchant site, or because the Merchant’s name or contact details were listed on the Website). Furthermore, note that Users under the age of 18 may not make use of the additional services made available to registered Users and may thus not register for a User Account.

Users’ obligations regarding posting of content: Without detracting from the generality of your obligations under the ‘Prohibited Conduct’ section below, as a registered User, anything you post/upload to the Website must be strictly relevant to the products and/or Merchants listed on the Website. Also, you may not post/publish any pornographic or offensive material, or material which you do not have the right to distribute. By uploading any media/content to the Website, you warrant that you own the copyright therein or have the permission of the copyright owner to publish such content on the Website and that such content does not otherwise violate this User Agreement.

Use of Advertiser content: The Advertiser, in agreeing to this Terms and Conditions, hereby consents to the royalty free use by Price.com.na, of all copyright vesting in and relating to product information that is lawfully and freely available to the public, including information appearing on the Advertiser’s website, including, but not limited to, product descriptions, photographs and illustrations, which may be classified as literary works or artistic works in terms of section1(1) of the Copyright Act 98 of 1978, for the purpose of advertising the Advertiser’s products on Price.com.na’s website.

Privacy

Price.com.na respects your privacy, takes reasonable steps to protect your personal information, and will not disclose your personal information to third parties for marketing purposes without your consent. Please read our Privacy Policy as to our respective rights and obligations in this regard. If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not accept this User Agreement and you should not register for a User Account or otherwise use the Website.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Price.com.na suffers any damage or loss.

As a registered User, you agree and warrant that your log-in name and password shall:

  • be used for your personal use only; and
  • not be disclosed to any third party.

You allow Price.com.na to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

 

Leave Comment