Clean Value Terms of Service
CLEAN
VALUE TERMS OF SERVICE
These
Terms of Service (“Terms”) are effective as of :
1 October 2020 “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 http://www.cleanvalue.co.za (“the
Website”) is operated and/or owned by Prime Cleaning Suppliers (Pty) Ltd
(bearing registration number: 2019/258694/07) (hereinafter referred to as
"Clean Value", "we", “our" or "us"). The
Terms herein are entered into by and between Clean Value and the User. Any
reference to "Clean Value", "we", "our" or
"us", shall include our employees, officers, directors,
representatives, agents, shareholders, affiliates, subsidiaries, holding
companies, related entities, advisers, sub-contractors, 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 when emailed to a User, advising
the User of the update, and requiring the User to agree to the update. 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:
Cleaning Industry Products;
2.5
"Party” or “Parties” shall
mean Prime Cleaning Suppliers (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
Registration Process
5.1
Only Users may order and purchase Goods
through the Website.
5.2
In order to register as a User you will,
through the Registration Process, be prompted to provide login details as well
as submit certain Personal Information as contained in the Privacy Policy.
5.3
The provisions pertaining to the processing of
your Personal Information are set our more fully in our Privacy Policy.
5.4
Each time a User wishes to make use of the
Services, the User shall be required to log into the Website using their login
details.
5.5
In the event of a User being of the view that
their login details are being used by someone else, please contact us
immediately at arno@cleanvalue.co.za.
Clause 6
Purchase of Goods
6.1
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.
6.2
The cost of delivery of the Goods shall also
be included in the total comprising the User’s Cart.
Clause 7
Payment
7.1
Payment may be made in one of the following
manners:
7.1.1
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.
7.1.2
Electronic Funds
Transfer (“EFT”) or Bank Transfer.
7.2
Goods will only be released for delivery once
payment has been received into our banking account.
Clause 8
Delivery of Goods
8.1
The Goods shall be delivered to the User
through the services of a courier of our selection:
8.1.1
The Goods shall
be delivered to the User at the address selected during the payment process.
8.1.2
The Goods shall
be delivered, where possible on a Business Day, but this shall depend on the
courier company.
8.1.3
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;
8.2
The Goods shall be made available for
collection by the User at 1 Pepper Place, Rainbow Park 2, Montague Gardens,
Cape Town for a period of one month after the order was placed on the Website.
8.3
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.
The Electronic Communications and
Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel your
purchase with 7 days’ notice if the products you have purchased are not be
delivered within the agreed delivery period as specified in the Supplier terms
and conditions. The product(s) in question must be returned to The Supplier in
their original state, including all labels. Any such cancellation must be done
by e-mail: returns@cleanvalue.co.za or fax +27 21 551 4509 . The Supplier
will then refund you within 30 days after date of such notification
8.4
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 9
Warranties by the User
9.1
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.
9.2
The User further warrants that when
registering on the Website it:
9.2.1
is not
impersonating any person; and
9.2.2
is not violating
any applicable law regarding use of personal or identification information.
9.2.3
Further and
insofar as the Registration Process is concerned, the User warrants that the
login details shall:
9.2.3.1
be used for
personal use only; and
9.2.3.2
not be disclosed
by a User to any third party.
9.3
For security purposes the User agrees to enter
the correct login details whenever purchasing Goods, failing which access will
be denied.
9.4
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 10
Warranties by Clean Value
10.1
We make no representation or warranty (express
or implied) that the Website or Services will:
10.1.1
meet a User’s
needs;
10.1.2
be accessible at
all times;
10.1.3
be accurate,
complete or current; or
10.1.4
be free from
viruses.
10.2
Subject to any express terms, Clean Value
makes no representation or warranty as to the volume or subject area of
Services accessible through the Website.
10.3
Except for any express warranties in these
Terms the Services are provided “as is”. Clean Value 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.
10.4
Clean Value does not warrant that the use of
the Website will be uninterrupted or error free, nor does Clean Value warrant
that we will review information for accuracy.
10.5
Clean Value 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 Clean Value. 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 11
Unauthorised use of the Website or email
addresses as provided by us
11.1
A User may not use the Website for any
objectionable or unlawful purpose.
11.2
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 .
11.3
We reserve the right to remove any such review
in the event that same is untrue, inflammatory or libellous.
11.4
A User undertakes not to send to us spam mail,
or make use of other unsolicited mass e-mailing techniques.
11.5
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.
11.6
A User may not sell, redistribute or use
information contained on the Website for a commercial purpose without our prior
written consent.
11.7
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.
11.8
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 12
Links to other Websites
12.1
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 13
Limitation of Liability and Indemnity
13.1
The Website shall be used entirely at a User’s
own risk.
13.2
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.
13.3
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.
13.4
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.
13.5
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.
13.6
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.
13.7
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 14
Copyright
14.1
Clean Value and the contents of the Website
are the property of Clean Value, 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.
14.2
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.
14.3
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.
14.4
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.
14.5
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 Clean Value.
Clause 15
Intellectual Property
15.1
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.
15.2
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 16
Breach
16.1
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 17
Governing Law
17.1
The Terms and Conditions shall be
governed and interpreted in accordance with the laws of the Republic of South
Africa and application for any of the services offered on these pages or sites
will constitute your consent and submission to the jurisdiction of the South
African courts regarding all proceedings, transactions, applications or the
like instituted by either party against the other, arising from any of the
terms and conditions pertaining to such services.
Clause 18
Assignment and Novation:
18.1
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 19
Force Majeure:
19.1
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.
19.2
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 20
General
20.1
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.
20.2
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 Western Cape 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 21
Severance
21.1
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 22
Domicilium Citandi Et Executandi and Contact
Information
22.1
The User and Clean Value 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:
22.1.1
Prime Cleaning
Suppliers (Pty) Ltd: 1 Pepper Place, Rainbow Park , Montague Gardens, Cape
Town. Email: arno@cleanvalue.co.za.
22.1.2
User: The address
as provided when registering on the Website.
22.2
Both the User and Clean Value 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.
22.3
All notices to be given in terms of these
Terms will:
22.3.1
be given in
writing;
22.3.2
be delivered or
sent by email; and be presumed to have been received on the date of delivery
Clause 23
Stock Shortages
Should a product you have ordered be:
23.1.1.1 temporarily unavailable, The Supplier will notify you thereof as well
as the anticipated delay in delivery and, unless you agree to wait for such
longer period for delivery, or accept delivery of another product instead
23.1.1.2
permanently
unavailable, The Supplier will notify you and, unless you agree to accept
another product instead, The Supplier will issue a refund in respect of that
product to you.