Terms and Conditions
INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to IPCOWEB and as such are protected from infringement by local and international legislation and treaties.
ELECTRONIC COMMUNICATIONS
When a user visits IPCOWEB or sends e-mails to IPCOWEB, that user consents to receiving communications from IPCOWEB electronically and agrees that all agreements, notices, disclosures and other communications sent by IPCOWEB satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
HYPERLINKS
No person, business or web site may link to any page on this site without the prior written permission of IPCOWEB. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with IPCOWEB.
Hyperlinks provided on this site to non-Ipcoweb sites, including but not limited to M-Web, are provided as is and IPCOWEB does not necessarily agree with, edit or sponsor the content on such web pages.
FRAMING
No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
SPIDERS AND CRAWLERS
No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of IPCOWEB. Such permission could be obtained from the person referred to in clause 1 hereof.
DISCLAIMER
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither IPCOWEB 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 web site or the services or content provided from and through this web site. Furthermore, IPCOWEB makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with IPCOWEB that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of IPCOWEB and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
All items purchased from IPCOWEB are made pursuant to agreements with shipping and delivery agents and risk of loss pass from IPCOWEB to such agents upon delivery of any item to such carrier.
Neither IPCOWEB 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 any product sold on this web site.
COSTS
Prices:
the price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
Shipping Costs:
the cost of shipping within the borders of South Africa is determined as follows:
if the value of the goods in the order is more than R350.00 after promotional vouchers, magazine subscriptions, bill payments and special discounts have been deducted, and the items weigh less than 10Kg, there is no shipping charge.
If the value of the goods in the order is less than R350,00 and the items weigh less than 10Kg, the cost is R29. For orders heavier than 10Kg
if the items in the order weigh more than 10Kg but less that 19.9Kg, the shipping charge is R65,00 per order.
if the weight is more than 20Kg the shipping charge is R67,50 plus R0,5025 per kilogram over 20Kg.The amount due is calculated automatically when the order is created. Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.
the delivery charge for wine is R65,00 per order. Wine is only shipped via courier delivery and is not shipped outside the borders of South Africa.
the delivery charge for flowers and hampers is included in the product price. Flowers and hampers are only delivered by hand and are not shipped outside the borders of South Africa.
International deliveries. The cost of delivery outside the borders of South Africa is as follows: Namibia - R 65; African countries (excl Namibia) - R 199; United Kingdom - R 120; Other International deliveries - R 180 in South African currency, per order, irrespective of the amount of items ordered.
Value Added Tax:
Value added tax at the rate of 14% is charged on goods bought by South African residents.
VAT is not payable on orders if both the billing and the shipping address are international.
Import Duties:
Import duties may be payable by recipients of goods in foreign countries. IPCOWEB does not know what levies may be payable and cannot calculate or estimate such costs.
DELIVERIES
Inside the borders of South Africa
All items of the IPCOWEB site have an indication of the delivery time:
locally sourced books - usually five to ten business days.
CDs, DVDs, Videos, Software, Games & Wine - usually ten business days.
internationally sourced books - usually fifteen business days.
Important: if items with different delivery times are ordered together, the item with the longest delivery time will determine the delivery time of all the items in the order.
Outside the borders of South Africa
Goods to the following international destinations are sent as follows: Namibia and African countries - Delivery to the post office only; All other international (incl United Kingdom; excl Africa) - via airmail parcel post.
Delivery usually takes place within two or three weeks after dispatch - however, seasonal peaks and delays at customs etc is outside the control of IPCOWEB and deliveries may take up to twelve weeks.
It is possible to courier goods to international addresses (incl United Kingdom; excl Africa). The costs are determined on an ad hoc basis. Note that such costs are normally very high.
Delays and cancellations
IPCOWEB makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.
PAYMENT METHODS
Credit card payments.
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
Payment is only collected when the order is completed and the goods shipped.
Note that to protect it's own and the interests of customers, IPCOWEB scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if IPCOWEB is not satisfied with it's legitimacy.
Bank deposit payments.
If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the IPCOWEB bank account and would it be subject to the following rules:
the exact amount must be paid
the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
no transfers must be made from ATM's
cheque deposits are subject to a clearing period.
no bank deposits are accepted from outside the borders of South Africa.
unpaid bank deposit orders are cancelled after five business days.
Debit Orders
All Service Fees payable by the Customer in terms of the Terms for Services are payable in advance.
The Service Fees shall be payable either on a monthly, quarterly, bi-annual or annual basis as specified on the Website and are calculated in accordance with the rate schedule on the Website.
The Service Fees shall be paid by way of debit order and the Customer hereby authorises prop-pay to effect the necessary transfers from the Customer's designated bank account at the beginning of each and every month for the continued duration of the Hosting Terms. The Customer shall ensure that the debit order is in place within seven (7) days of the Commencement Date. A rejected debit order will accrue a handling fee of R50,00 per rejection.
The Customer shall only be entitled to pay cash for the Services in circumstances where the Service Fee is payable on an annual basis. This would exclude any incremental over-usage charges.
Where the Customer's use of any service commences during a month rather than at the start of that month, the Customer will be charged on a pro rata basis for those Services provided during that month.
Northern Lights reserves the right to amend or vary the Service Fees from time to time and any amendment or variation of such Service Fees will be deemed to be an amendment of the Northern Lights Hosting Terms. In the event that Northern Lights does amend its Service Fees, it will give the Customer at least thirty (30) days prior notice of such amendment to the Service Fees. If the Customer objects to any amended or varied Service Fees which affect it, it shall be entitled to terminate its relationship with Northern Lights upon the terms and conditions set forth in clause 14.1 below.
The Customer acknowledges that it is not entitled to withhold any payment of any Service Fees due to Northern Lights by reason of any alleged breach of the Northern Lights Hosting Terms by Northern Lights or for any other reasons whatsoever. In addition, the Customer acknowledges that it is not permitted to apply set-off to or demand any discount, refund (other than in terms of clause 7.10 below) or reduction in respect of any Service Fees owed to Northern Lights.
The Customer acknowledges that the Service Fees stipulated are exclusive of value added tax. Should any alterations to the Value Added Tax Act, 89 of 1991 be gazetted or promulgated during the duration of the Northern Lights Hosting Terms, resulting in a high level of Value Added Tax being attracted to any payment due under the Northern Lights Hosting Terms, such increased Value Added Tax shall be borne by the Customer.
In the event of a dispute arising between the parties, the Customer shall be obliged to continue paying the Service Fees as and when they become due and payable in terms of the Northern Lights Hosting Terms.
The Customer may terminate the Service within:
seven (7) days after the Commencement Date should the Customer decide not to continue subscribing for the Service/s; or
within thirty (30) days after the Commencement Date should Northern Lights fail to meet the service levels for hosting services and e-mail services as specified in the Specific Terms,
provided that the Customer's right to terminate shall be exercised by notice from the Customer to Northern Lights transmitted via e-mail to accounts@ipcoweb.com. In the event of the Customer terminating the Service for the aforesaid reasons, the Customer shall be entitled to a refund of any Service Fees. Northern Lights shall not, however, be obliged to refund the Customer with any third party costs already incurred by Northern Lights directly or indirectly as a result of the initial request for the Service. The Customer remains responsible for any third party costs.
RESTRICTIONS
Internationally produced music:
IPCOWEB is not permitted to sell internationally produced music outside the borders of South Africa but music by South African artists can be sold internationally.
Regional encoding of DVDs:
IPCOWEB only supplies DVDs that are encoded for use in region 2 or are encoded for multiple zones. DVDs encoded for other regions will be clearly indicated as such.
SALE AGREEMENTS
Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not:
constitute an agreement of sale between IPCOWEB and users cannot hold IPCOWEB liable if such items are not available when the purchase cycle is completed later; and/or
constitute an order for such an item; and
IPCOWEB may remove such an item from the shopping basket or wish list if no stock is available.
An agreement of sale between IPCOWEB and a user only comes into effect if and when:
a credit card authorisation is received from the issuing bank; or
a deposit of an electronic transfer is reflected on IPCOWEB's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
a direct deposit is reflected on IPCOWEB's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
IPCOWEB reserves the right to refuse to accept and/or execute an order without giving any reasons. IPCOWEB also reserves the right to cancel orders in whole or in part as circumstances dictate. IPCOWEB shall only be liable to refund monies already paid by the user.
IPCOWEB shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices,
IPCOWEB will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the IPCOWEB website.
AVAILABILITY of STOCK
Stocks of all goods on offer are limited. IPCOWEB shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, IPCOWEB shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
SPECIAL OFFERS
IPCOWEB shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
If IPCOWEB supplies the wrong product or if the product is in any way faulty or damaged, IPCOWEB will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and IPCOWEB will refund the purchase price including delivery costs.
GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.
PRIVACY
IPCOWEB shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
IPCOWEB may electronically collect, store and use the following personal information of Users:
name and surname;
birth date;
gender;
country of residence;
closest city;
non-personal browsing habits and click patterns;
e-mail address;
IP address; and
ID number / passport number.
IPCOWEB collects, stores and uses the abovementioned information for the following purposes:
to greet the User when he/she accesses the IPCOWEB web site;
subject to the User's consent, inform the User of facts relating to his/her access and use of the
IPCOWEB website;
subject to the User's consent, inform the User about competitions and special offers from IPCOWEB and/or its partners / affiliates;
to compile non-personal statistical information about browsing habits, click-patterns and access to the IPCOWEB web site.
to verify the identity of the User when transacting with IPCOWEB
to ensure that the goods are received by the addressee
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
The User may elect not to receive any communications from IPCOWEB and/or its partners / affiliates.
IPCOWEB may collect, maintain, save, compile and share any information collected from users,
subject to the following provisions:
IPCOWEB shall not disclose personal information from Users unless the User consents thereto;
IPCOWEB shall disclose information without the User's consent only through due legal process; and
IPCOWEB may compile, use and share any information that does not relate to any specific individual.
IPCOWEB owns and retains all rights to non-personal statistical information collected and compiled by IPCOWEB.
SECURITY
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that IPCOWEB suffers any damage or loss.
The user agrees and warrants that its log-in name and password shall:
be used for personal use only; and
not be disclosed to any third party.
The user allows IPCOWEB to take all reasonable steps to ensure the integrity and security of the IPCOWEB site and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.
CHANGES TO AGREEMENT
IPCOWEB may, in its sole discretion, change this agreement or any part thereof at any time without notice.
DISPUTES
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, and not resolved through the Customer Relations Department of IPCOWEB, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
DOMICILIUM
25.1 IPCOWEB chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, unit 11 Forssman close midrand..
TERM AND TERMINATION
This agreement shall commence when the user registers on the IPCOWEB site and continues indefinitely until terminated by IPCOWEB in terms of clause 21 hereto or for any other reason.
INFORMATION
On this website we provide information about our company generally and for purposes of the ECT Act.
The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the
following information about us available to customers on websites where the goods or services are offered:
Full name: IPCOWEB
Main business: Online ISP and MOBILE SP
Address for receipt of legal service:
Unit 11, 1st Floor,
Grand Prix Park,
Forssman close,
Midrand
Website: http://www.ipcoweb.com
Official email address: support@Ipcoweb.com
© IPCOWEB 2009
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
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