Osmotech (Pty) Ltd service is provided subject to the following Terms and Condition;
Your use may include any one or more of the following: accessing, viewing, browsing, purchasing of merchandise, email, message boards, chat rooms, forums, blogs, other forms of online and/or electronic communication; the uploading and downloading of photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on this web site.
By using The Website;
1. General Conditions
1.1. We reserve the right to refuse service to anyone for any reason at any time.
1.2. Your understand that your content and/or personal information (NOT including credit card information), may be transferred unencrypted and involved;
1.2.1. Transmissions over various networks; and
1.2.2. Change to conform and adapt to technical requirements of connecting networks or devices.
1.2.3. Credit Card Information is always encrypted during transfer over networks.
1.3. You agree not to reproduce, duplicate, replicate, copy, sell, resell or exploit any portion of The Service, use of The Service, or access to The Service or any Content on The Website through which The Service is provided, without express written permission by us.
1.4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Site Access
2.1.1. The event of planned maintenance.
2.1.2. Any events beyond the control of Osmotech (Pty) Ltd.
2.1.3. We take no responsibility of any internet or network connection that may give you access to The Website or the quality of the transmission of information transmitting between you and The Website.
2.2.1. When you visit The Website, we give you a limited license to access and use the information of The Website for personal use. The contents of The Website consist of our own opinions and do not constitute advice and should not be relied upon in making or refraining from making, any decision.
2.2.2. You are not permitted to collect or harvest any personal identifiable information of any kind, or to use the communication system provided by The Website for any personal or commercial solicitation or spam purpose to any users on The Website.
2.2.3. You are not permitted to place advertising or attempt to collect revenue from advertising placed on The Website.
2.2.5. You may not duplicate, give access to, copy or distribute any part of The Website in any medium without our prior written consent.
2.2.6. We will not be liable for any losses caused by any unauthorized use and/or access of your account, whoever you may be liable for the losses of Osmotech (Pty) Ltd or others due to such unauthorized use.
2.2.7. You are not permitted to download a copy of the information on The Website to your computer for any personal or commercial use without our prior consent. Your use of our content in any other way infringes our intellectual property rights.
2.2.8. You will not attempt to reverse engineer, alter or modify any part of our service.
2.2.9. The license to access and use the information on The Website does not include the right to use or launch any, included but not limited to, “data mining robots”, any “spiders”, any “extraction tools”, any “automated systems”, “offline readers”,” load testers”.
2.2.10. The licence does not permit you to metatag or mirror The Website without our prior written consent. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of The Website.
2.2.11. Except as permitted under the Copyright Act 1978 you are not permitted to copy, reproduce, republish, distribute or display any of the information on The Website without our prior consent.
3. Prohibited Content
3.1. You agree not to post, submit, upload or otherwise display prohibited content on or through The Website, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files, all of these things are commonly referred to as “Content”. The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through The Website. Osmotech (Pty) Ltd reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from The Website and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of The Website;
3.1.1. Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
3.1.2. Harasses or advocates harassment of another person.
3.1.3. Exploits people in a sexual or violent manner.
3.1.4. Contains nudity, violence, or offensive subject matter or contains a link to an adult website.
3.1.5. Solicits personal information from anyone under 18.
3.1.6. Publicly discloses any personal information, such as, telephone numbers, street addresses or names and surnames.
3.1.7. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
3.1.8. Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files.
3.1.9. Involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”.
3.1.10. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
3.1.11. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
3.1.12. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
3.1.13. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
3.1.14. Includes a photograph of another person that you have posted without that person’s consent.
4. Prohibited Activity
4.1. The following is a partial list of the kind of activity that is illegal or prohibited on The Website and through your use of the service. Osmotech (Pty) Ltd reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
4.1.1. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”).
4.1.2. Criminal, illegal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spimming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
4.1.3. Advertising to, or solicitation of, any user to buy or sell any products or services through The Website.
4.1.4. Exporting encryption software over the internet.
4.1.5. Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means.
4.1.6. Any automated use of the system, such as using scripts to add friends or send comments or messages.
4.1.7. Interfering with, disrupting or creating an undue burden on The Website and/or the networks or services connected to us.
4.1.8. Attempting to impersonate, including but not limited to, another user, person, member of the South African Police Service or a member of a Government Agency.
4.1.9. Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account.
4.1.10. Selling or otherwise transferring your profile.
4.1.11. Using any information obtained from The Website in order to harass, abuse, or harm another person.
4.1.12. Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for you’re performing any commercial activity on or through The Website, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose.
4.1.13. Using The Website in a manner inconsistent with any and all applicable laws and regulations.
5. Purchasing, Ordering and Payment Terms – Products and Services
5.1 Product and Services
5.1.1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any errors and omissions, we reserve the right to correct any error or omission.
5.1.2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.
5.1.3. We have made every effort to display as accurately as possible the colours and images of our products that appear on The Website and/or The Store. We cannot guarantee that you device will display any colour accurately.
5.1.4. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.1.5. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.1.6. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
5.1.7. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.1.8. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5.1.9. We endeavor to stock most items listed on The Website at our premises, stock of certain items may from time to time run out of stock or items with low demand may be ordered from suppliers on a lead-time basis. We endeavor to indicate this on The Website where applicable, this may not always be possible and out of stock items may cause a small delay in shipping out of an order.
5.1.10. Certain items such as items that are manufactured to order may have a slightly longer lead-time (due to the fact that they’ll need to be assembled and tested). Should any item not be in stock with our suppliers, we will contact you to suggest a substitute product. At this point, you may accept the substitute, place the item on back-order or cancel the item from your order.
5.2. Pricing and Payments
5.2.1. All prices are in South African Rand’s (ZAR).
5.2.2. Advanced payment in full on all orders and/or back-orders. Title in the goods passes to you when we have received payment. We do not ship COD.
5.2.3. We endeavor to ensure that our price list is current, products and price list can be accessed from our online store. Packaging and postage is an additional charge, calculated at time of purchase. Charges are determined by the number, weight, and type of items ordered and the shipping carrier and service selected. We reserve the right to amend our pricing at any time, without any further notice.
5.2.4. Once the order has been confirmed, you can make payment via one of the methods accepted by our payment providers such as Payfast. Orders will only be confirmed, stock reserved and processed once proof of payment has been received and shipped once the payment reflects in our bank account in the case of EFT’s.
5.2.5. Payment must be made within 48 hours of placing the order or we may cancel it or update it if pricing has changed.
5.3. Product Order Processing, Shipping and/or Collection
5.3.1. We endeavor to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
5.3.2. All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed.
5.3.3. When you order from us, we require you to provide your name and surname, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
5.3.4. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed. Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Osmotech (Pty) Ltd is not responsible for non-receipt of orders that have been deemed delivered. Osmotech (Pty) Ltd is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the order procedure. All risk of loss or damage to the goods passes to you when we dispatch the goods.
5.3.5. Orders that contain only in-stock items are typically shipped within seven (7) business days. Orders that contain one (1) or more pre-order items are typically shipped within seven (7) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on public holidays.
5.3.6. We may from time-to-time update and/or expand the available delivery options, these are the options that we currently offer:
220.127.116.11. Standard Courier (Door-to-Door) – PLEASE TAKE NOTE: Door-to-Door Couriers DO NOT deliver to PO Boxes. Please ensure you provide a valid Street Address at checkout.
5.3.7. Shipping costs are calculated on the total weight and geographical zone to which the shipment will be delivered.
5.3.8. All packages are fully traceable and tracking numbers will be provided once your order has been shipped.
5.3.9. Clients may also collect their purchases directly from Osmotech (Pty) Ltd. There may be a waiting period of 1-3 business days after placing the order, before you can collect, depending on if the item is in stock or requires assembly or manufacturing. Please call us beforehand if you’d like to arrange a pickup. We will inform you via email once your order is ready for collection.
5.4. Refunds, Return, Exchange and Cancellation
5.4.1. We undertake to accept or reject your order within seven (7) business days. If we have not responded to you within seven (7) business days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
5.4.2. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
5.4.3. There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer’s defect, back order (see section below), unshipped pre-order (see section below), or undeliverable package (see section below). Osmotech (Pty) Ltd will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to us (see the Undeliverable Packages section below for details). We will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete. You will we responsible for paying your own shipping costs for returning an item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund value.
5.4.4. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.5. Back Orders
5.5.1. If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling and gift wrap).
5.5.2. If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise us to;
18.104.22.168. Hold your entire order until the item(s) that are out of stock are re-stocked.
22.214.171.124. Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval).
126.96.36.199. Ship the items that are in stock, issue a full refund for the item or items that are out of stock.
188.8.131.52. Cancel your entire order and issue a full refund of your order total (including shipping and handling).
5.5.3. We will hold your entire order until either;
184.108.40.206. You respond to this email.
220.127.116.11. The item(s) that are out of stock are re-stocked.
5.6. Unshipped Pre-Orders
5.6.1. If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling). You may contact us to submit a refund request. Orders that contain one (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
5.7. Undeliverable Packages
5.7.1. If for any reason your order is classified as undeliverable and returned to us, you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling will not be refunded. We will not re-ship any order that is classified as undeliverable and returned to us.
5.8. Damaged Delivered Goods
5.8.1. In the unlikely event that an item(s) is delivered defective from Osmotech (Pty) Ltd, you will need to take a picture(s) of your defective item(s) within 48 hours of receiving your goods. Pictures of the defective item(s) will need to be emailed to email@example.com . If the item(s) is not reported defective within 48 hours of receiving the goods, you will not be able to claim for a refund or exchange.
5.8.2. You will be responsible for paying your own shipping costs for returning an item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund value.
5.8.3. Good(s) must be returned to: 99 Kuyper Street, Schoemansville, Hartbeespoort, 0216.
6. Intellectual Property Rights
6.1. The copyright to all content on this Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
6.2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any personal or commercial way without our prior written consent.
6.3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
6.4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
7. Disclaimer and Limitation of Liability
7.1. You hereby acknowledge that you are not only relying on any information that you obtained from The Website to make any decision, to engage in any transaction. You further acknowledge, that you have an independent duty to investigate, which goes beyond the use of The Website in connection with any transaction which you are considering.
7.2. Osmotech (Pty) Ltd and/or The Website are not endorsed by any third party unless expressly stated.
7.3. Osmotech (Pty) Ltd gives no warranties whatsoever in relation to The Website or any content displayed or made available on the website. In addition, Osmotech (Pty) Ltd excludes to the fullest extent permitted by law all express, implied and statutory warranties with respect to The Website, including without limitation, warranties of fitness for a particular purpose, warranties of merchant ability, warranties as to freedom from computer virus, worm, Trojan horse and/or malware, warranties of title and warranties of non-infringement of proprietary rights. Osmotech (Pty) Ltd expressly disclaims that The Website and/or The Server(s), including without limitation, that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the website is correct or accurate.
7.5. Osmotech (Pty) Ltd excludes liability and responsibility for any loss of whatever nature, including but not limited to, incurred by you and/or by any third party relating to any arrangement or contract entered into or contemplated by you, or refused by you, with a third party because of your use of The Website.
7.6. Osmotech (Pty) Ltd accepts no liability for any loss whatsoever, including without limitation, consequential loss suffered by you arising from any service and/or product(s) we have supplied.
7.7. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
8. Termination and Restriction of Access
10. Dispute Resolution Procedure
11. Force Majeure
11.1. If a Force Majeure event, causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days written notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
12.1. We undertake to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
13.1. These Terms and Conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts.
13.2. If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
14. Hyperlinks and Third Party Websites
14.1. This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
14.3. We do not audit or verify any third party websites or material. Access to third party website or material available via the third party website does not imply an endorsement of, or affiliation or association with, that website or material and should not be interpreted as such. We give no guarantees as to the accuracy of any information provided by the third party website including any material that appears on the The Website that originated from the third party website.
14.4. You may not link our website, without our prior consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you may not frame or reformat any of our pages, files, images, text or other materials.
14.5. All rights in any logos, trademarks, images or wording from a third party website which appear on The Website remain the property of that third party website and are only used to assist owners in identifying their lost or stolen property. Osmotech (Pty) Ltd makes no claims to ownership of such rights.
14.6. Osmotech (Pty) Ltd is not responsible or liable for any content, material, advertising, products, services, or information on or available from third party websites. All liability for any damage, loss or offense caused by or, in connection with, any content, material, advertising, products, services or information available on such third party websites or is hereby excluded and disclaimed to the maximum permitted by law. Any terms, conditions, warranties, or representations associated with such dealings are solely between you and the relevant provider of the service, information, material, content, products or good.
16.3. Notices to Osmotech (Pty) Ltd should be emailed to firstname.lastname@example.org.