AMONE BESTER (PTY) LTD (“THE COMPANY”)
GENERAL TERMS AND CONDITIONS AS BETWEEN AMONE BESTER AND THE CUSTOMER
(“GENERAL TERMS AND CONDITIONS”)
THE GENERAL TERMS AND CONDITIONS ARE EFFECTIVE AS OF THE 30th of
NOVEMBER 2021 (“THE EFFECTIVE DATE”)
1 INTRODUCTION
1.1 The Company’s website available at https://amonebester.com/ is made
available by and owned by Amone Bester (Pty) Ltd (bearing registration number
2020/005707/07) (hereinafter referred to as “the Company”, “Website”, “we”,
“our” or “us”). Any reference to “the Company”, “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 partners.
1.2 These General Terms and Conditions apply to the ordering, sale, and delivery of
goods and services, access to the information, and use of this Website by
Customers (“you”/”your”).
1.3 By using this Website you agree to be bound by and agree to the General Terms
and Conditions, which we may change without notice to you from time to time.
Any such amendments shall come into effect immediately and automatically. You
undertake to review these terms prior to using the services for any such changes
and acknowledge that you are bound by the latest version of these terms as
published on our website. This Privacy statement and terms and conditions will
be governed by and construed and interpreted in accordance with the laws of
the Republic of South Africa. If you do not agree to any of the provisions
contained in these General Terms and Conditions you must immediately desist
from using this Website. Your continued use of the Website will be construed as
your consent to the amended General Terms and Conditions. As such your only
remedy, should you not agree to such modifications, is to stop the use of the
Website.
1.4 When placing an online order, you will be asked to provide us with your email
address and to confirm that you accept these General Terms and Conditions.
1.5 These General Terms and Conditions are important and should be carefully
noted as they contain provisions which, within the limits of the Consumer
Protection Act, may limit our risk or liability, create risk or liability for you as a
consumer, may compel you to indemnify us and serves as an acknowledgement
by you of any fact.
2 DEFINITIONS
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 “Chart” shall mean the sizing chart located under each product description on
the Website, utilised by the you to select the size of the products you wish to
purchase.
2.4 “Customer” shall mean any person who purchases the Products on the Website.
2.5 “Force Majeure” shall mean unforeseen events beyond the reasonable control of
either party which shall include but not be limited to an act of God, acts of
terrorism, voluntary or involuntary compliance with any regulation, law or order
of any government, war, acts of war (whether war be declared or not), labour
strike or lock-out, civil commotion, pandemic, epidemic, failure or default of public
utilities or common carriers, destruction of production facilities or materials by
fire, earthquake, storm or like catastrophe.
2.6 “Order” means the collection of Items purchased by you from the Website.
2.7 “Party” or “Parties” shall mean the Company and/or the Customer as the context
implies.
2.8 “Personal Information” shall mean the Personal Information as required from the
Customer in order to purchase the Products.
2.9 “Products” shall mean the products and/or services as made available for
purchase on the Website from time to time.
2.10 “Services” shall refer to the Services provided by us to the Customer as set out
in Clause 4 below.
2.11 “Shopping Bag” shall mean the Customer’s Shopping Bag on the Website in
which it stores intended purchases prior to payment being made.
2.12 “Terms” shall mean these General Terms and Conditions.
2.13 “Website Content” shall mean any material, information, data, software, icons,
text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade
names, logos, trade-marks, designs and service marks which are displayed on
or incorporated in the Website and are protected by law, including but not limited
to copyright and trade mark law.
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.
3 YOUR AGREEMENT TO THESE TERMS
3.1 Subject to, and on the basis of your 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.
4 DESCRIPTION OF OUR SERVICES
4.1 The Website enables you to shop for and purchase the Products.
5 USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
5.1 The Company is active on Facebook, Instagram, YouTube and other social
media platforms from time to time (“Social Media Platforms”).
5.2 You agree to use the Website for lawful purposes only. Without derogating from
the generality of the aforegoing, if you should choose to access or use this
Website from locations other than the Republic of South Africa, you do so at your
own initiative and you are responsible for compliance with applicable local laws.
5.3 You are prohibited from posting or transmitting, by means of reviews, comments,
suggestions, ideas, questions or other information through the Website and
Social Media Platforms, any content which is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or
hateful, or racially, ethnically or otherwise objectionable content of any kind,
which content includes but is not limited to:
5.3.1 any content that may fall within the scope of Section 9 of the Constitution
of the Republic of South Africa, which prohibits discrimination on the
grounds of, inter alia, race, sex, gender, marital status, religion; or
5.3.2 any content that encourages conduct that would constitute a criminal
offence or give rise to civil liability, or otherwise violate any applicable
local, provincial, national, or international law; or
5.3.3 any content that constitutes an invasion of privacy; or
5.3.4 any content that is an infringement of any intellectual property right; or
5.3.5 any content that contains software viruses; or
5.3.6 any content that constitutes a political statement, commercial solicitation,
or “Spam”.
5.4 Although we do not purport to review (nor are we under any obligation to review)
any submitted content, we reserve the right to remove any content from the
Website and Social Media Platforms where we deem such content, in its sole
and absolute discretion, to be an infringement of Clause 5 or harmful in anyway
whatsoever. Should you place on or submit to the Website or Social Media
Platforms any such harmful content, or should you breach any clause of these
Terms, we may immediately terminate and/or suspend your access to all or parts
of the Website or Social Medial Platforms, without any further notice to you.
5.5 The following activities on or through the Website and Social Media Platforms
are expressly prohibited:
5.5.1 any non-personal or commercial use of any robot, spider, other automatic
device or technology, or manual process to monitor or copy portions of
the Website or Social Media Platforms or the content contained thereon,
without the prior written authority of the Company; and
5.5.2 the collection or use of any listings, descriptions, and/or price lists from
the Website or Social Media Platforms for the benefit of a competing
merchant that supplies products comparable to those offered on the
Website; and
5.5.3 any use or action that imposes an unreasonable or disproportionately-
large load of traffic on the Website or Social Media Platforms, or
otherwise interferes with the proper and timely functioning of the Website
of Social Media Platforms;
5.5.4 any attempt to gain unauthorised access to the Website or its related
systems or networks;
5.5.5 accessing the Website for purposes of monitoring its availability,
performance or functionality, or for any other benchmarking or
competitive purpose.
5.6 Although reasonable steps have been taken to ensure the accuracy and
completeness of the contents, data and information on this Website, there may
be instances where such information proves inaccurate or incomplete. Before
making any decision or taking any action which might affect you or your business,
you should take all reasonable steps to ensure and verify the accuracy of the
contents, data and information obtained from this Website, especially if certain
information appears to be inaccurate, particularly product pricing and
promotional content.
5.7 Without limiting the generality of the aforegoing, this Website could include
technical, typographical or other inaccuracies and you are urged to contact your
own professional advisors to confirm all information contained on this Website
prior to placing reliance thereon. Changes are periodically made to the
information herein and these changes will be incorporated in new editions of this
Website.
6 PURCHASE OF GOODS
6.1 The Goods as selected by the Customer for purchase together with the individual
price thereof shall be reflected in the Customer’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 Products shall also be included in the total comprising
the Customer’s Cart.
6.3 Prices displayed on our website are subject to change without notice. Prices will
include tax, where this is required by specific country legislation.
6.4 Orders placed may be declined or cancelled in the event of Products being out
of stock, damaged Products, incorrect Product information, incorrectly displayed
prices, and due to payment for Products not being received or payments not
being authorized by the Company.
6.5 We will notify you as soon as we can if any Items Ordered are not available (this
may take a few days, depending on the delivery and payment method selected).
6.6 Once you have selected your payment method, you will be directed to a link to a
secure site for payment of the applicable purchase price for the Products.
6.7 The onus of ensuring that the Products ordered are the correct size rests with
the Customer. The Customer agrees that it shall utilise the Chart at all times to
ensure that it orders the correct size Products and indemnifies the Company from
any liability in the event of its failure to do so.
6.8 Goods available on pre-order are subject to seperate production and delivery
schedules which will be communicated to you on receipt of your order.
7 PAYMENT
7.1 Payment may be made in one of the following manners:
7.1.1 Credit Card / Debit Card via our utilised payment gateway – where
payment is made by credit card / debit 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 / debit 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; and
7.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer via our utilised
payment gateway.
7.2 Goods will only be released for delivery once payment has been received into
our banking account.
8 GIFT VOUCHERS & COUPONS
8.1 We may from time to time make physical or electronic gift vouchers (“Gift
Vouchers”) and promotional coupons or discounts (“Coupons”) available for use
on the Website towards the purchase of Products.
8.2 Gift Vouchers and Coupons can only be redeemed while they are valid, and their
expiry dates cannot be extended. Gift Vouchers and Coupons can only be
redeemed once.
9 DELIVERY OF GOODS
9.1 The Goods shall be delivered to the Customer through the services of a courier
of our selection:
9.1.1 The Products shall be delivered to the Customer at the address selected
during the payment process.
9.1.2 The Products shall be delivered, where possible on a Business Day, but
this shall depend on the courier company.
9.1.3 Any additional charges that may be levied in respect of the delivery of the
Products or forced return of the Products shall be for Customer’s account.
9.1.4 The shipping of the Products is done at your own risk. We do not accept
liability for any damage which may be caused by the courier company.
The onus of securing additional insurance on the delivery of the Products
rests with the Customer.
9.1.5 You should always check that the Items being collected or delivered are
correct and are free from any defects. Should the packaging be damaged,
and you accept the Order without fully inspecting the Items you should
add a note on the delivery note stipulating that the packaging was
damaged, or items were not inspected. Where there is an issue with the
Items detected after acceptance of the Order, you should notify us without
delay in order for us to be aware of any issues with the Items and in order
for arrangements to be made for the items to be returned and refunded.
9.1.6 Although reasonable care shall be taken, we cannot accept responsibility
for incorrect delivery details that have been provided to us, or if an
unauthorised person at your chosen delivery address accepts delivery of
your Order, as we do not verify the identity of the person at the delivery
address who signs the delivery note.
9.1.7 After 2 (two) failed attempts to deliver your Order to you at your chosen
delivery address via our couriers services, your Order shall be returned
to us and the purchase shall be reversed after the cost of the second
delivery has been deducted.
9.1.8 For purposes of this clause “we, us, our” shall include any agent or
independent contractors who may be responsible for delivery on behalf
of us which shall also include the South African Postal Office or a courier
service.
9.1.9 Our obligation to provide the Products to you is fulfilled upon delivery
thereof. We are not responsible for any loss or unauthorised use of the
Products after provision thereof to you.
9.1.10 Deliveries will be dispatched 5-7 business days after payment has been
received (on all in-stock items) A tracking code will be provided to you
through which you will be able to track your parcel.
9.1.11 Note that all pre-order items are subject to separate production and
delivery schedules which will be confirmed and communicated to you
upon receipt of your order.
10 RETURNS.
10.1 Should you not be satisfied with any Item/s purchased on our website, you may
return for refund, credit or exchange unused Products in a saleable condition
within 14 (fourteen) calendar days, subject to producing proof of purchase
(invoice or delivery note), via our courier services and at your own cost. Returns
are conditional upon you submitting photographic proof of the quality issue or
defectiveness of the Product before we will approve the refund.
10.2 Should any Items purchased on our website be defective, these Items, if
unaltered, may be returned for refund, replacement (where stock is available), or
repair (where repair is possible) within 6 (six) months of the purchase date,
subject to producing proof of your purchase (invoice or delivery note).
10.3 Due to health reasons, we do not accept returns on items such as face masks.
11 ERRORS
11.1 We shall take all reasonable efforts to accurately reflect the description,
availability, purchase price and delivery charges of Products 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 clause 10. Note that all photographs displayed
on the website are for advertising purposes only and do not necessarily reflect
an accurate depiction of the colour of the Product purchased.
11.2 The Company shall not be bound by any incorrect information regarding our
Products displayed on any third party websites.
12 WARRANTY
12.1 The Products supplied by us shall be suitable only for the purpose designed and
intended and you shall ensure the Products are handled, stored, installed, used,
worn or otherwise dealt with in a normal and reasonable manner, and where
applicable, in a manner consistent with the instructions given when the Products
were purchased.
12.2 We shall not be liable for any action or claims for injury or damages of whatever
nature arising from or in connection with use of the Products in breach of these
General Terms and Conditions.
13 LIMITATION OF LIABILITY
13.1 Whilst every attempt is taken by us to ensure your security when making use of
the Website, due to the nature of the Internet we are unable to guarantee that
any products and services or any websites accessible via the Website will be
uninterrupted or virus or error-free. We therefore caution you to check all emails,
attachments and files before downloading them.
13.2 We may provide links to other websites, social media sites or resources. We are
unable to accept, and do not accept, responsibility for these websites, social
media sites or resources; nor have we endorsed their content, products or
services merely because they are accessible via the Website.
13.3 While we make all reasonable efforts to ensure that all information provided by
us in connection with the Website is accurate at the time of its inclusion on the
Website, you acknowledge and understand that there may be errors, including
incorrect prices, inaccuracies or omissions in respect of which we exclude all
liability. We make no representations, guarantees or warranties of any nature
whatsoever concerning the information included on our Website and web pages
(including, but not limited to, links to third parties’ web pages). You shall be solely
responsible for any decisions or actions you take based on the information
contained on such web pages.
13.4 While we take all reasonable steps to safeguard the security of any information
you input or send to us in connection with the Website, by using secure services
and encryption technology where we deem appropriate, we accept no
responsibility or liability whatsoever, as far as the law allows, for any damages
that you may suffer as a result of the breach of the confidentiality of such
information.
13.5 You hereby agree, to as far as the law allows, to indemnify us against any loss,
claim or damage suffered, or liability sustained by you or any third party acting
for you, due to your or their use of our website and/or any thirty party websites
linked to our website.
13.6 We shall not be liable to you in contract, delict (including for negligence) or
otherwise:
13.6.1 for any amount in respect of any damage or loss arising from the
consequences of your use of the Website, viruses received by you via the
Website or of our failure to provide the Website in accordance with this
Agreement; or
13.6.2 for any economic losses or damages, any indirect, special or
consequential loss (including (without limitation) loss of data, goodwill or
reputation or any wasted expenditure) including but not limited to losses
arising from your use of the Website or through any viruses; or
13.6.3 for any failure to perform our obligations or failure to perform our
obligations properly as a result of our being prevented from doing so by
an event beyond our reasonable control (which may include, without
limitation, strikes; labour disputes; acts of God; war; riot; civil action;
malicious acts or damage; compliance with any law, governmental or
regulatory order, rule, regulation or direction; any act or omission of any
government or other competent authority; accident; equipment or
services failure, including the unavailability of third party
telecommunications services, lines or other equipment; the failure of third
party suppliers to comply with their obligations to us; fire; flood or storm).
13.7 Each provision of this clause 13 operates separately. If any part is held by a court
to become unenforceable due to voidness, invalidity, illegality or unlawfulness,
then the other parts shall be severable and shall still apply in their entirety.
14 WARRANTIES BY THE CUSTOMER
14.1 The Customer warrants and represents that the Personal Information provided
to us is and shall remain accurate, true and correct and that the Customer will
update the Personal Information held by us to reflect any changes as soon as
possible.
14.2 The Customer further warrants that when making a purchase through the
Website it:
14.2.1 is not impersonating any person; and
14.2.2 is not violating any applicable law regarding use of personal or
identification information;
14.3 The Customer agrees that, once an Order has been made the Customer will be
liable for payment of any such Products purchased.
15 PRIVACY POLICY
15.1 Personal information when used in this Policy means information that can identify
you as an individual or is capable of identifying you.
15.2 Your use of our Website signifies your consent to us collecting and using your
personal information as specified below.
15.3 How we collect information about you:
15.3.1 You may order a product or a service and provide your name, e-mail
address, delivery address, credit or debit card number and expiry date so
that the order can be processed and your products (or services where
appropriate) delivered to you. Sometimes, you may be asked for your
telephone number.
15.3.2 If you enter a competition or participate in a promotion, we will ask for
your name, address and e-mail address and any other relevant
information about you.
15.3.3 We will collect information concerning your tastes and preferences both
when you tell us what these are and through our analysis of customer
traffic (as described below).
15.3.4 It may be that you provide to us details of credit or debit cards or bank
accounts in order to make payments to us. Any such information
(“confidential financial information”) will be used by us only for the specific
purpose for which it was provided to us.
15.4 How we use your information
15.4.1 we may use your information to confirm that your orders have been
received.
15.4.2 We may also use your personal information and process such information
for the purposes of management, research, analysis, corporate reporting,
credit-scoring, affordability assessment, and improving business
efficiencies.
15.4.3 We may use personal information collected about you to contact you by
post, telephone and electronic mail (that is email, picture, video, and
SMS) about functionality changes to our Website, services or changes to
our Terms and Conditions, and to communicate with you about your
customer benefits and advise you regarding the use of our services.
15.4.4 We may use the information collected about you to contact you by post
or phone about new customer offers and services. We may also contact
you by electronic mail for these purposes, subject to any preferences
selected by you.
15.4.5 Subject to your preferences in respect of each of our services, selected
third parties may use the personal information collected about you to
contact you about information that you might find interesting.
15.5 How long do we keep your information for? The time periods for which we keep
your information may vary according to the use or purpose attached to the
information. Unless there is a specific legal requirement requiring us to keep your
information, however, we will not keep it for longer than necessary for the
purpose for which the information was collected or for which it is to be processed.
We will in any event delete or destroy any personal information which has
become obsolete.
15.6 Disclosing your information to third parties:
15.6.1 We reserve the right to access and disclose personal information to
comply with applicable laws, regulations and lawful government requests,
to operate its systems properly to protect itself or its users or to solve any
customer disputes.
15.6.2 We may from time to time elect to make use of other companies to provide
some of our services, and our services will then be offered through third
party service providers on our Website. We may then share your personal
information with these companies. These companies can and will process
this information and will be obliged to keep such information confidential.
15.7 How can you manage your privacy preferences? If you’d like us to stop
processing your information for marketing purposes, please contact us at
info@amonebesterscrubs.com.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 None of the contents of the Website 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, and further,
should such consent be provided, we reserve the right to withdraw such consent
at any stage at our sole and absolute discretion.
16.2 A Customer is granted a limited license only for purposes of utilising this Website.
16.3 A Customer 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.
16.4 We own or are licensed to use all intellectual property on the Website, with the
exception of the User’s Content, which User’s Content shall remain the
intellectual property of that User, and which a User hereby licenses to us. 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.
16.5 We do not permit copyright infringing activities and infringement of intellectual
property rights on the Website, and we may, at our sole discretion, remove any
infringing content if we are of the view that such content infringes on another’s
intellectual property rights or our own.
17 FRAUDULENT ACTIVITIES
17.1 We are committed to ensuring the security of your use of the services and are
entitled to investigate any loss suffered by you which is alleged to have occurred
as a result of fraud via the website.
17.2 Where you have been a victim of any fraudulent conduct through any use or
misuse of the services, you must inform us as soon as you become aware that
suspicious conduct has occurred on your accounts and open a case at your
nearest South African Police Service office. You will be required to co-operate
with us and the South African Police Service in any investigation conducted into
losses that you suffered as a result of such fraud.
18 USE OF SOFTWARE AND HARDWARE
18.1 You should only use the most up-to-date internet browser to access the website
provided that where we specify hardware or software requirements on the
website, only such specified hardware of software may be used. Your failure to
adhere to the aforementioned may result in a security risk to you and/or cause
some or all of the functionality of the website or online service not to operate
correctly or at all.
18.2 Software, if any, made available for download on or via the website may be
governed by licence conditions that establish a legal relationship with the
licensor. You are solely responsible for identifying and familiarizing yourself with
and agreeing such terms and conditions which will govern your relationship with
such third party licensor. You agree that we shall not be responsible or liable for
any damage, damages or loss caused or alleged to be caused by or in
connection with your interaction, correspondence or business dealings with such
third party licensor and further, you indemnify us against any breach by you of
these licence conditions. We give no warranty and make no representation,
whether expressly or implied, as to the quality or fitness for purpose of such
software. You acknowledge that such third party is not our agent.
19 ENDING YOUR USE OF SERVICES
19.1 We may end your use of and access to services at any time, for any reason
whatsoever, on notice to you. Instructions given to us prior to such termination
will not be affected by such termination.
19.2 We will, however, terminate your use of and access to and/or prohibit your future
access to use of the services immediately and without any notice to you if:
19.2.1 we determine that your behaviour was inappropriate, illegal or constitutes
misconduct.
19.2.2 you breached these terms.
19.2.3 you have committed (or attempted) fraudulent conduct directly or
indirectly.
19.3 In the event of us terminating your access to the services, we will not be liable
for any losses or damages, of any nature, suffered by you or a third party. Our
rights in this regard are expressly reserved.
20 CAPACITY
20.1 In using the services, you represent and warrant that you are of full legal age,
are emancipated or have your guardian’s consent and assistance and have the
required legal capacity to enter into and be bound by these terms or any other
product agreement regarding your use of the services.
21 GENERAL
21.1 The headings appearing in these terms are inserted for convenience only and
will not be taken into account when interpreting these terms.
21.2 Where dates and times need to be calculated in terms of these terms, the
international standard time (GMT) plus 2 (two) hours will be used.
21.3 The indulgence, extension of time, waiver or relaxation of any of the provisions
or terms of these terms, or failure or delay on our part to exercise any of our
rights will not operate as an estoppel against us nor shall it constitute a waiver
by us of such right. We shall not thereby be prejudiced or stopped from exercising
any of our rights against you which may have arisen in the past or which might
arise in the future.
22 BREACH
22.1 Should you breach any of these General Terms and Conditions we reserve the
right to cancel any Order and/or your website registration, notwithstanding our
rights to exercise other legal remedies available to us.
23 APPLICABLE LAW
23.1 These Terms are governed by the laws of the Republic of South Africa.
23.2 For purposes of Section 22 of the Electronic Communications and Transactions
Act, 25 of 2002 you accept that these Terms are entered into, and that any
purchase of the Products is deemed to have been executed, at Pretoria, Gauteng
Province.
23.3 All matters arising from these Terms, and any purchase of the Products, its
validity, existence or termination shall be determined in accordance with the laws
of the time of the Republic of South Africa, and you hereby submit to the
jurisdiction of the Magistrates’ Court of Pretoria.
24 DISCLAIMER
24.1 We have made every effort to make sure that the information and content on this
website is up to date and accurate however, we are unable to guarantee the
accuracy or validity of the information and content and any reliance on the
information on this website is entirely at your own risk.
24.2 These terms and conditions of relating to the use of this website come into effect
the first time the user enter the website and constitutes a valid agreement
between Amone Bester (Pty) Ltd and the User.
24.3 Any services (online requests) that the User makes use of on the Website will be
subject to separate terms and conditions of service and those specific terms and
conditions will apply.
24.4 We do not represent or warrant that the website, any tools (such as calculators),
software, advice, opinion, statement, information, content or online services will
be error-free or will meet any particular criteria of accuracy, completeness,
reliability, performance or quality. You acknowledge that any reliance upon any
such tools, software, advice, opinion, statement or information shall be at your
sole risk. We reserve the right, in our sole discretion, to correct any errors or
omissions in any portion of this website.
24.5 While we take all reasonable precautions to prevent this, we do not warrant that
the website or any software available for download via the website is free of
viruses or destructive code.
24.6 Without derogating from the generality of the above, we will not be liable for:
24.6.1 Any interruption, malfunction, downtime or other failure of the website or
online services, our system, databases or any of its components, for
reasons beyond our control;
24.6.2 Any loss or damage with regard to customer data or other data directly or
indirectly caused by malfunction of our system, third party systems, power
failures, unlawful access to or theft of data, computer viruses or
destructive code on our system or third party systems; programming
defects;
24.6.3 Any interruption, malfunction, downtime or other failure of goods or
services provided by third parties, including, without limitation, third party
systems such as the public switched telecommunication service
providers, internet service providers, electricity suppliers, local authorities
and certification authorities; any event over which we have no direct
control.