INFORMATION ABOUT OUR BUSINESS
Business Images (Proprietary) Limited (“Business Images ”) is registered in terms of the Companies Act, 1973 under registration number 1993/002773/07 and conducts its business from 980 Meadowbrook Business Estate, Jacaranda Ave, Olivedale, Randburg, South Africa. Our current directors are CR Edwards, JJ Swanepoel, N Singh, BA Jacobs and our contact details are set out on the “Contact Us” page of the site. www.businessimages.co.za (“Website”).
OUR AGREEMENT REGARDING WEBSITE USAGE
Business Images supplies its Products and related services (“Products”) to you, the client, through the Website on these terms and conditions (“Terms”). Please read these Terms carefully. By accessing the Website and by checking the “I accept Business Images Terms and Conditions” box when transacting electronically with us, you are deemed to have read, understood and agreed to these Terms. Business Images may amend these Terms from time to time, in which case the amended Terms will supercede and replace any previous terms.
Following the registration tab from the home page will open up an email registration form which you are asked to complete. If after receipt of your completed registration form, Business Images agrees in its discretion to activate an account for you, you will be able to place orders for our Products by logging onto the Website using your chosen user name and password. You warrant in favour of Business Images that by accessing the Website you are legally entitled to do so, that you have the requisite capacity to conclude legally binding transactions with Business Images , and that you will not use the Website or the Products for any purpose which is unlawful or contrary to these Terms.
AGREEMENTS TO PURCHASE PRODUCTS
Once registered, you can place orders for our Products by following the checkout procedure which will generate an electronic order form. The Website is set up so as to provide you with the opportunity of reviewing your completed order form, correcting any mistakes and withdrawing from the transaction before finally placing any order. Once sent, the order cycle is complete.
Placing a Product in a cart without completing the order cycle does not constitute an order or agreement of sale between yourself and Business Images , and Business Images is not liable if such Products are not available if you complete the order cycle at a later stage. Stock of all Products on offer on the Website is limited. Although Business Images takes all steps commercially reasonable to discontinue offering Products on the Website when these become unavailable, should you nonetheless complete an order cycle in respect of Products which are no longer available and should we be unable to fulfil your order as a result, Business Images s’ liability to you in this regard shall be limited to refunding you any monies paid to Business Images for such Products.
The price of each Product is displayed on the Website. If subject to a special offer, the discounted price will be displayed with the Product. South African residents will be charged value-added tax at the rate of 14%. Business Images uses all reasonable commercial efforts to post accurate prices on the Website. Should the price of the Products be incorrectly displayed however, Business Images will not be obliged to sell the Products at the prices so incorrectly reflected.
Should you require Business Images to provide you with installation or other services in support of the Products you order from us, please be advised that this is not a service we currently offer.
As part of the order cycle you will be asked to select your preferred method of payment. The Website is set up to enable the following forms of electronic payment
Credit card payments: Not currently available as a method of payment.
Electronic Funds Transfer. If you select the ‘Pay Via EFT’ option, you will be prompted to enter the purchase price due to Business Images and will be provided with Business Images ’s ‘ bank account number and details for this purpose.
Payment for ordered Products must be effected free of exchange and bank charges, in South African Rands.
An agreement of purchase and sale for Products is concluded between yourself and Business Images once a deposit made via electronic funds transfer or directly through a bank is reflected as having been received on Business Images s’ bank statements. Risk in and to any Products supplied by Business Images to you shall pass on delivery. Ownership of Products shall pass upon the conclusion of the agreement of sale and purchase.
You can view or print a full record of agreements of sale and purchase concluded electronically through the Website with Business Images for a period of 90 days.
When placing your order you can specify whether you wish to collect the Products from one of our collection point (Johannesburg Only), or whether Business Images should deliver the Products to you.
Where delays in delivery occur, including as a result of Products being out of stock or unavailable, Business Images will make all reasonable efforts to notify you of the delay, but Business Images will not be liable for any damages occasioned to you as a result of any such delay.
REFUND POLICY AND CANCELLATIONS
Where return of Products is accepted by Business Images in terms of a RAV, Business Images will reimburse you for any amounts already paid towards returned Products in the case of once-off sales, or will credit your account in an amount equal to the value of returned Products in the event of account sales, less the reasonable cancellation charges referred to in 5.1.1below.
You agree to reimburse Business Images for all expenses incurred in the ordinary course of conducting its business in fulfilment of the cancelled order, as well as a handling fee equal to of 10% of the total purchase price payable in respect of such order.
Please see clause 10.2 below for the procedures applicable to out of box failures and defective Products.
Business Images reserves the right to cancel orders in whole or in part as circumstances dictate, in which event Business Images will only be liable to refund monies actually paid by you to Business Images for Products in respect of which Business Images cancels your order.
The security, accuracy and integrity of Website content and payment systems is of material importance to us. Business Images accordingly reserves the right to conduct whatever authentication and verification processes it deems appropriate prior to activating your account and for the duration of these Terms, and to use whatever technological and other measures it deems necessary to detect and prevent unauthorized access to restricted pages of the Website.
You hereby agree to allow Business Images to take all reasonable steps to ensure the integrity and security of the Website and agree to comply at your cost with all reasonable security measures which Business Images may notify you of from time to time. Without derogating from the foregoing you hereby expressly consent and agree:
For purposes of electronic payments facilitated through the Website, to Business Images and the bank concerned conducting whatever enquiries and checks are deemed appropriate in relation to such payment transactions for purposes of preventing fraud or attempted fraud and agree that Business Images may refuse to conclude any transaction if Business Images is not satisfied that the transaction is a legitimate and lawful one; and
To prevent the disclosure of password to unauthorized third partys. If for any reason a password is no longer secure, you must change your password immediately and notify Business Images of such security breach by sending us an email at firstname.lastname@example.org
Business Images reserves the right at any time to change, improve, correct or discontinue without notice, any content, aspect or feature of the Website, including Products offered for sale on the Website, in its discretion, and to suspend or deny access to the Website for any reason whatsoever.
Any person who delivers or attempts to deliver any damaging code to the Website or attempts to gain unauthorized access to any restricted page of the Website shall be prosecuted and civil damages shall be claimed in the event that Business Images or any of its clients suffer any damage or loss as a result.
Business Images respects your constitutional right to privacy and data protection. Accordingly, Business Images believes in protecting the personal information we collect from you when you use the Website.
Business Images will use your personal information only in the manner stated in this policy and will do all that is commercially reasonable to protect personal information from unauthorized use or disclosure when due regard is had to accepted technological standards. Business Images will not sell, rent or otherwise disclose your personal information to any third party without your consent, provided that by using the Website and/or ordering any Products, you provide your express and informed consent for Business Images to disclose your personal information as follows –
To third party companies appointed by Business Images to provide services relating to the Website for us, including without limitation third parties who provide Website hosting and development services. These companies require access to your personal information to perform their functions and not for any other purposes and are bound by confidentiality agreements not to use or disclose any personal information for any other purpose.
in order to transfer Business Images s’ client databases, including personal information contained therein, to any third party who acquires all or substantially all of the assets in our partnership or our Website service whether by sale, merger, acquisition or otherwise; and
To governmental agencies, stock exchanges and other regulatory or self-regulatory organizations if Business Images are required to do so by law or if we believe that such action is necessary to comply with the law or with any legal process, to protect and defend our rights and property or that of our clients, to prevent fraud or abuse, misuse or unauthorized use of our Website, and/or to protect the personal safety or property of our clients or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, Business Images will disclose such information to the appropriate regulatory bodies and commercial entities).
Business Images reserves the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with advertisers on our Website or with our Partners. This does not involve disclosing any personal information which can identify any individual client in any way.
INTELLECTUAL PROPERTY RIGHTS
Copyright, ownership, licensed use and all other title in and to the following is vested exclusively in Business Images ;
The content of the Website and all databases associated with the Website, including without limitation all text, graphics, icons and pricing information;
All software and related code used for the running of the Website; and
All articles and software that may be made available for download through the Website,
You may download, view and print content from the Website for your private and non-commercial purposes only. All Data is protected from infringement by local and international legislation and treaties. You hereby recognise and agree that you are not entitled for commercial gain to copy, reproduce, transmit, distribute, sell, publish, broadcast or in any other way disseminate or decompile the Data or any part thereof.
Software Products: Where the Products you order through the Website comprise software, your use of such software is governed by the terms of the shrinkwrap license that accompanies the software. You hereby agree that you will not copy or use such software in a manner not authorized by Business Images and/or the developer/owner of such software.
Trademarks: The trademarks, trade names, devices, logos and service marks displayed on the Website are registered and unregistered trademarks and trade names of Business Images and the manufacturers and suppliers of Products. All trademarks are protected from infringement by local and international common law, legislation and treaties. Nothing contained on the Website should be construed as granting you any license or right to use any trademark without the prior written permission of Business Images or the manufacturer/supplier concerned.
Use of hypertext links, framing, spiders and crawlers
Hypertext links to external websites are provided for your convenience. Such websites are however beyond our control and Business Images does not endorse, approve of or make any representation regarding the content and any advice, opinions, products and services offered via such websites. Use or reliance on any external links and related downloads is at your own risk. Ensure that you refer to external websites’ privacy policies and other terms and conditions of use when visiting such sites.
No hypertext links of whatever nature may be created to the Website or any of its pages from any Website, and no pages comprising this site may be framed and no technology may be used to search and gain any information from this site, without the prior written consent of Business Images . Please contact us for such consent by sending us an email to email@example.com
Business Images may send you electronic communications from time to time regarding updates and changes to our Products, new links from our Website and any technical, administrative or legal notices important to our Website and our Products which we believe may be of interest to you. It is very important that the information that Business Images has about you is accurate and current – please update your user profile regularly. By providing your contact details when subscribing you agree that Business Images may send you emails, SMS’ and the like for this purpose using the contact details provided during the registration process. You acknowledge and agree that all electronic communications which you send to or receive from Business Images from time to time (also those that take the form of agreements, notices and disclosures) satisfy all legal requirements as if they were in hard copy form, including the requirement where relevant that they be “in writing”. You are entitled to ask us at any time to communicate or discuss recommendations with you directly, or through a service provider of your own choice. You are also entitled to ask Business Images at any time to remove you from our mailing list by sending an email request to that effect to firstname.lastname@example.org.
No Warranties. While Business Images makes every reasonable effort to ensure that the Website is available 24/7 and that the Data we make available to you via the Website is reliable, complete and up to date or, where applicable, is compiled from sources we believe to be reliable and accurate, complete and up to date, the Website and all its content, together with the Data and Products, are provided “as is”. Subject to
Business Images make no representations and provide no warranties or guarantees of whatever nature regarding the Website, Products and/or the Data, their availability, quality or content. In particular, Business Images does not warrant or guarantee the error free use, secure use and/or availability of the Website, and Business Images will not be liable for any loss arising from any errors or omissions in any Data provided by us, any other third party manufacturer, vendor, supplier or client.
Product Guarantees: In light of the fact that Business Images is not the manufacturer of any of the Products offered for sale through the Website, Business Images cannot and does not give any express warranty, representation or undertaking as to such Products, and none shall be implied. Without derogating from the foregoing, Business Images does not warrant that any Product supplied by it to you will be fit for any particular purpose. Notwithstanding the, many of the Products offered by Business Images for sale through the Website carry a standard warranty provided by the third party manufacturer, supplier and/or vendor of the Product concerned (“Product Guarantee”). Business Images will use all commercially reasonable efforts to ensure that Product Guarantees are passed on to you when you purchase Products subject to Product Guarantees through the Website. Where relevant, the terms of the Product Guarantee will be delivered to you together with the relevant Product. You confirm and agree that such warranties are not given by Business Images but by the manufacturers, suppliers and/or vendors concerned and any defective Product not complying with any such warranty (including any out of box failure) shall be forwarded by you to the relevant manufacturer, supplier or vendor’s authorized warranty service centers and not to Business Images . A list of containing the authorized warranty service centers is available from Business Images . You will be obliged to produce proof of purchase at any such service centre. It is specifically recorded that this clause is not to be construed as Business Images giving any Product Guarantee or undertaking any responsibility for defective Products, whether expressly or impliedly.
No Advice, Financial Advice or Solicitation – Own Reliance: While Business Images makes available the Data regarding the Products for sale as well as the services to assist you in making an informed decision as to whether or not to order our Products, you acknowledge and agree that your use of the Website and your use of and reliance on the Data or any part thereof is at your own risk. You remain solely responsible for your instructions, the use of your password, and the lawfulness and soundness of any decision you make or action you take as a result of your use of the Website, the Services and the Data. You also remain responsible for ensuring adequate protection and back-up for information downloaded from the Website and for taking reasonable and appropriate precautions against viruses and other malicious programs when communicating with us via email.
Services and Parts: Should you require the services as a component of the Products offered in terms of this Website (“Services”), no objection or claim will be entertained by Business Images in respect of any work done pursuant to such Services required and/or in respect of any Products supplied in respect of such Services rendered. When carrying out any Services, Business Images reserves the right to fit any parts which in its opinion are necessary in order to satisfactorily execute the work covered by your instructions relating thereto. Unless written instructions to the contrary are received from you prior to the commencement of any such Services, any parts replaced will be scrapped immediately and you will be liable to pay the purchase price in respect of any parts so fitted.
E-Mails: Any electronic mails you receive from an employee or representative of Business Images including any attachments thereto (“e-mails”), are subject to the following:
The e-mail may contain information which is confidential, private or privileged in nature. If you are not the stated addressee (or such person’s authorized representative) you must notify the sender of this fact immediately by return e-mail, fax or telephone and delete the e-mail from your system, refrain from printing, copying, forwarding or otherwise disclosing any information contained in the e-mail or any part thereof, and refrain from reading, storing, using, selling or incorporating any information contained in the e-mail into any database or mailing list for whatever reason, including for purposes of spamming or marketing.
Failure to do so may amount to the unlawful interception of a communication, the infringement of copyright and/or the infringement of the right to privacy, thus exposing you to both criminal and civil liability.
The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of Business Images . In particular, no Business Images representative or employee may send unsolicited commercial messages (“spam”), messages that infringe any third party’s copyright, trademarks or other rights and interests (“infringing content”) and messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“offensive content”).
If the e-mail constitutes spam, contains infringing content or offensive content, or was otherwise sent for purposes unrelated to the official business of Business Images ,Business Images shall not be liable for any loss, damage or expense of whatever nature resulting therefrom
Without prejudice to any of the rights of Business Images at law or under these Terms, you will have no claim against and hereby indemnify Business Images , its directors, employees, agents, representatives and Manufacturers against any loss or damages of whatever nature and howsoever arising which Business Images or any third party may suffer or incur arising out of your use of the Products, Data, the Services and/or the Website, including without limitation –
Any breach by you of these Terms, including your use of the Website for any purpose that is unlawful under South African law, international law or the law of any jurisdiction applicable to you; and
Any action taken by Business Images pursuant to your instructions or instructions that purport to emanate from you;
Business Images will not be liable to you or any third party and you hereby waive whatever claims you may have against Business Images , its directors, employees, agents, representatives and Partners for any expense, loss or damage of whatever nature that you may suffer or sustain as a result of or arising from –
Any errors, omissions or corruption of information including any errors that may occur as a result of changes in applicable legislation and/or any inaccuracy or error occurring in respect of the details supplied by you;
Any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems;
Any unauthorized access by third parties to the Website, Products, Services or Data or the interception of communications between us;
For purposes of Business Images serving any legal notices, you chose as domicilium the physical address, email address and facsimile number provided during the registration process. For purposes of you serving any legal notices, Business Images chooses its domicilium as follows:
Physical address: 980 Meadowbrook Business Estate, Jacaranda Avenue, Olivedale, Randburg, Gauteng, Republic of South Africa
Facsimile number: +27 11 462 1284
Email address: email@example.com.
Any notice given by any party to the others (“addressee”) which is delivered by hand between the hours of 09:00 and 17:00 on any business day to the addressee’s physical domicilium for the time being shall be deemed to have been received by the addressee at the time of delivery. Any notice given by any party to the others which is successfully transmitted by facsimile to the addressee’s facsimile domicilium for the time being shall be deemed (unless the contrary is proved by the addressee) to have been received by the addressee on the day immediately succeeding the date of successful transmission thereof. Any notice given by any party in an email which such party’s server logs confirm as having been successfully delivered to the addressee’s email domicilium for the time being, shall be deemed to have been received by the addressee on the business day immediately succeeding the date of such confirmation, unless the addressee proves that the email notice did not enter an information system designated or used for that purpose by the addressee or that the email notice was incapable of being retrieved and processed by the addressee. This 12.2 shall not operate so as to invalidate the giving or receipt of any written notice which is actually received by the addressee.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
You hereby consent and submit to the non-exclusive jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any injunctive relief sought or any other matter related to or in connection herewith.
GENERAL LEGAL TERMS
These Terms constitute the sole record of the agreement between you and Business Images in relation to the subject matter hereof. Neither you nor Business Images shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Business Images in respect of the subject matter hereof. No indulgence or extension of time which either you or Business Images may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. You are not entitled to cede, assign and delegate any of your rights or obligations in terms of these Terms to any third party without the prior written consent of Business Images . All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should Business Images be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Business Images is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then Business Images shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, any act of nature, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, virus attacks, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
Copyright © October 2015 Business Images All Rights Reserved