1. Introduction
1.1. These Terms and Conditions are binding and enforceable against every person (“you” or “your”) that accesses or uses this Website and/or purchases products from TechMarkit.
1.2. This website can be accessed at www.techmarkit.co.za or www.techmarkit.co.za related mobi-sites and software applications (the “Website”) and is owned and operated by TechMarkit.
1.3. By using the Website and by clicking on the “I Accept” button when making a purchase on the Website as may be applicable you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
1.5. If there is any provision in these Terms and Conditions that you do not understand you may contact TechMarkit on help@techmarkit.co.za and request that TechMarkit explain it to you before you accept the Terms and Conditions or continue using the Website.
1.6. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict limit or avoid any right or obligation as the case may be created for either you or TechMarkit in terms of the CPA.
1.7. TechMarkit permits the use of this Website subject to these Terms and Conditions. By using this Website in any way you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.
2. Use of the Website
2.1. By using the Website to make a purchase you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
2.2. You agree that you will not in any way use any device software or other instrument to interfere or attempt to interfere with the proper working of the Website. You also agree that all content, including any material information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website (the “Content”), belongs to TechMarkit and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor copy, reverse engineer, distribute, or modify the Website or the information contained herein without the prior written consent from TechMarkit.
2.3. You may not use the Website to distribute material which is defamatory offensive contains or amounts to hate speech or is otherwise unlawful.
2.4. You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of TechMarkit.
3. Ordering of Products
3.1. When you place an orderfor a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any Store is limited and that pricing may change at any time without notice to you. TechMarkit will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available that offers thereof are removed from the Website. TechMarkit cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, TechMarkit will notify you and you will be entitled to a refund of any amount already paid by you for such products.
3.2. Prior to delivery or your collection of the products you ordered you may cancel an order at any time provided you do so before receiving a dispatch notice e-mail from TechMarkit. After delivery or your collection of the products you may return such products only in accordance with the TechMarkit Returns Policy.
3.3. Before you make payment on the Website you will have the opportunity to review any order for products that you have ordered.
4. Payments
4.1. You will be able to make use of an approved bank Credit Card and/or approved bank Debit Card and any other approved online payment process as a means of payment for any TechMarkit products.
4.2. TechMarkit takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. TechMarkit will not be liable for any loss that you may suffer as a result of any interception.
4.3. Where payment is made by an approved bank Credit Card, and/or approved bank Debit Card and any other approved online payment process, TechMarkit 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 products may be cancelled.
You warrant that you are fully authorised to use the aforementioned credit card and/or debit card and/or online payment process for the purposes of paying for products on this website. You also warrant that your credit card and/or debit card and or online payment process has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
4.4. TechMarkit reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and to correct any pricing errors that may inadvertently occur.
5. Delivery and Collection
5.1 All orders over the value of R500 (five hundred Rand) including VAT will be delivered to you free of charge. Any order less than R500 will carry a R60 (sixty Rand) courier fee. TechMarkit will perform deliveries through a Third Party service provider. You may be required to provide a valid form of identification when your order is delivered.
5.2 TechMarkit is not liable for any incorrect order or delivery where you make an error in the information that you provide to TechMarkit e.g. if you provide the incorrect delivery address or submit an incorrect order.
5.3 You acknowledge that the delivery of your order may be impacted by events beyond TechMarkit’s control, such as adverse weather conditions, global health pandemics, or industrial action. TechMarkit is not liable for late deliveries of products purchased through the Website due to the aforementioned reasons. TechMarkit will however try to ensure a timeous and smooth delivery process.
6. Returns
6.1. Please refer to our Refund Policy for more information about returning products (and related refunds, replacements or Warranty repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
7. Errors
7.1. TechMarkit 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 TechMarkit’s gross negligence), TechMarkit shall not be liable for any loss (refer to Clause 12 hereof), claim or expense relating to a transaction based on any error, except for in the case of any incorrect purchase price refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
7.2. TechMarkit shall not be bound by any incorrect information regarding the products displayed on any third-party websites. See more in Point 11.
8. Privacy
8.1. Please refer to our Privacy Statement incorporated by reference (which means that it forms part of these Terms and Conditions).
9. Changes to these Terms and Conditions
9.1. TechMarkit may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied you must not place any further orders on, or in any other way use the Website.
9.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10. Disclaimer
10.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website, or reliance on any information on the Website.
10.2. Whilst TechMarkit takes reasonable measures to ensure that the content of the Website is accurate and complete, TechMarkit makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation integrity, availability, or functionality of the Website, or as to the accuracy, completeness, or reliability of any information on the Website. If any such representations or warranties are made by TechMarkit’s representatives, TechMarkit shall not be bound thereby.
10.3. TechMarkit disclaims liability for any damage, loss, or expenses, whether direct indirect, or consequential in nature arising out of, or in connection with your access to, or use of the Website and/or any content therein unless otherwise provided by law.
10.4. Although the products sold from the Website may, under certain specifically-defined circumstances be under Warranty, the Website itself and all information provided on the Website is provided “as is” without Warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability fitness for a particular purpose, completeness, or non-infringement as may be allowed in law.
10.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, TechMarkit also makes no Warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise, or otherwise impede in any manner the operation, stability, security, functionality, or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of TechMarkit, its employees agents, or authorised representatives. TechMarkit thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of, or in in connection with your access to, or use of the Website.
11. Links to Third Party websites
11.1. This Website may contain links or references to other websites (“other Websites”) which are outside of TechMarkit’s control. These Terms and Conditions do not apply to those other Websites and TechMarkit is not responsible for the practices and/or privacy policies of those other Websites, or the “cookies” that those sites may use.
11.2. Notwithstanding the fact that the Website may refer to, or provide links to other Websites, your use of such other Websites is entirely at your own risk and we are not responsible for any loss, expense, claim, or damage, whether direct, indirect, or consequential, arising from your use of such other Websites or your reliance on any information contained thereon.
12. Limitation of liability
12.1. TechMarkit cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the wilful misconduct of TechMarkit, its employees, agents or authorised representatives.
12.2. To the extent permissible by law, TechMarkit will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the TechMarkit products.
12.3. TechMarkit will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising, including but not limited to your use of this Website, activity on the Website and/or any linked Other Websites.
12.4. You hereby indemnify TechMarkit and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the TechMarkit products.
13. Availability and termination
13.1. TechMarkit will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods and is entitled to discontinue providing the Website or any part thereof with or without notice to you.
13.2. TechMarkit may, in its sole discretion, terminate, suspend and modify this Website with or without notice to you. You agree that TechMarkit will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time to the extent possible.
14. Complaints and notice
14.1. All complaints and queries should be sent by email to complaints@techmarkit.co.za.
14.2. Any legal notices that you give TechMarkit under this contract must be sent by registered post to 1 Unity Street, Fellside, Johannesburg 2192.
14.3. Notices must be sent either by hand, prepaid registered post, or email and must be in English.
14.4. All notices sent -
14.4.1. by hand will be deemed to have been received on the date of delivery.
14.4.2. by prepaid, registered post will be deemed to have been received 10 days after the date of posting.
14.4.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and TechMarkit must make use of the “Read Receipt” function to serve as proof that the e-mail has been received.
14.4.4. Where TechMarkit needs to give you any notice as provided for in these Terms and Conditions, or provide additional information about the products and services supplied to you, TechMarkit will do so by sending you an email or posting a notice on this Website. You hereby consent to TechMarkit providing you with notices or information in this way.
15. Governing law and jurisdiction
15.1. These Terms and Conditions and our relationship and/or any dispute arising from, or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like, instituted by either party against the other arising from any of these Terms and Conditions.
15.2. In the event of any dispute arising between you and TechMarkit, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
15.3. Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act (CPA).
16. General
16.1. You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
16.2. Any failure on the part of you or TechMarkit to enforce any right in terms hereof shall not constitute a waiver of that right.
16.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
16.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
16.5. If you need to obtain a sales record of your transaction to buy products through the TechMarkit Website you can contact TechMarkit within 30 days of the transaction.
16.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant, or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights, and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
16.7. These Terms and Conditions contain the whole agreement between you and TechMarkit and no other Warranty or undertaking is valid unless contained in this document between the parties.