Terms & Conditions
The Shopdomestix part of the Domestix Group and thst is a South Africa registered company that provides web based services to other businesses and all its subsidiaries and associated or affiliated companies.
Nature of website contents
Information contained on the website is intended to serve as general information on the chosen subjects/products and not as an exhaustive treatment of those subjects or products.
Subscribing to any service or buying any product through the website is subject to Shopdomestix’s specific contractual terms and conditions, and applicable legislation.
Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Shopdomestix provides a link to a third party website does not necessarily mean that Shopdomestix endorses, authorises, or sponsors that website, or that Shopdomestix is affiliated to such website's owners or sponsors.
If any third party website, which is not under the direct control of Shopdomestix, can be accessed from a link displayed on the Shopdomestix website, Shopdomestix shall not be responsible or liable for any content displayed on the third-party website.
The content or information displayed on a Shopdomestix website or any third party website which may be accessed through links provided on the Shopdomestix website is intended as as information.
Invitation to do business
Unless indicated in writing by Shopdomestix, nothing on the Shopdomestix website shall constitute an offer for sale of any service or product.
If you wish to use the information displayed on the website to purchase any service or product from Shopdomestix, your request to do so shall be regarded by Shopdomestix as an offer to do business with Shopdomestix, which may be accepted by Shopdomestix if it chooses.
The acceptance of your offer will be subject to terms and conditions governing the service or product at the time of the acceptance of the offer.
The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified Shopdomestix (held Shopdomestix harmless and agree to reimburse Shopdomestix) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.
While Shopdomestix will take care to provide accurate information on the Shopdomestix website, the information displayed on the Shopdomestix website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Shopdomestix does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through the Shopdomestix website are for your personal and commercial use only. You may not -
Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Shopdomestix's prior written authorisation;
Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
Post on or transmit to the website content of an unlawful nature, for example: (a) content that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage Shopdomestix's image or impair its ability to do business;
Use the website in a manner that could damage, disable, overburden, or impair any Shopdomestix server (computer), or network connected to any Shopdomestix server, or interfere with any other party's use of the Shopdomestix website;
Interfere with any content displayed on the Shopdomestix website or attempt or gain unauthorised access (without Shopdomestix’s written consent) to the information displayed on the website to which you may not be authorised, or to any secure area on the website, a Shopdomestix server or any other part of the Shopdomestix information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Shopdomestix website or to gain access to information or any part of the Shopdomestix information system to which you are not authorized, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
Create a link from another website to the Shopdomestix website, or any of the web pages which constitute the Shopdomestix website, without Shopdomestix's prior written consent;
Frame the website or any of its pages without Shopdomestix's prior written consent.
Electronic transactions, communications, and records
When you communicate with Shopdomestix by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by Shopdomestix. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Shopdomestix satisfy any legal requirement that such communications should be in writing.
You accept the risks inherent in electronic communication in whatever form.
You consent to Shopdomestix acting on the information communicated to Shopdomestix electronically. You are responsible to ensure that Shopdomestix has received the information communicated electronically.
You acknowledge and consent that Shopdomestix, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Shopdomestix will constitute rebuttable) proof (it may be challenged) of the content of the records.
Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Shopdomestix.
User ID and password
If you subscribe to a service or product provided on the Shopdomestix website you may be required to choose a user id (an identifying name) and a password. You are entirely responsible for –
Maintaining the confidentiality of your password (you must not give the password to anyone else);
All activities that occur in your account (using your user id and, if required, your password), either with or without your knowledge;
Notifying Shopdomestix immediately of any unauthorised use (use that you did not consent to) of your user id and/or password or any other breach of security that you know of;
For losses suffered by Shopdomestix or a third party due to someone other than you using your user id and/or password.
Mobile access and use
You may access the Shopdomestix website using a mobile device (including a mobile telephone).
The Shopdomestix website is designed and configured for use by Internet browsers which are typically used on computers and not mobile devices. Shopdomestix is not responsible for the wireless services used by mobile devices, and disclaims any responsibility for the lack of functionality or capability or reliability of any mobile device or software used to access the Shopdomestix website.
While the use of the Shopdomestix website is free of charge, you will be responsible for any fees which may be charged by your service provider which may be associated with your browsing of the Shopdomestix website.
Shopdomestix is also not responsible for the communication of any person or confidential information between you and the Shopdomestix website or any electronic communications mechanisms facilitated by the Shopdomestix website and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Shopdomestix website.
The functionality and use of your mobile device is outside of the control of Shopdomestix and Shopdomestix will not be responsible for interference with the integrity, transmission, delays, limitation of network coverage, outages or interruption in the services supplied supporting the mobile device.
Secure payment system
If any payments are to be made by you to Shopdomestix you will be required to use a payment system authorised (consented to in writing) by Shopdomestix. Shopdomestix shall only use a payment system that is sufficiently secure considering nature of the payment to be made and the risk inherent in making the payment electronically. Shopdomestix accepts liability for any damages that may be suffered to you due to a failure in a payment system authorised by Shopdomestix.
Shopdomestix will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the Shopdomestix website by you.
Except as provided elsewhere, Shopdomestix will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
Warranties provided by you
For all purposes you warrant (confirm) –
Your identity (that is, you are who you say you are), and that you can prove your identity should Shopdomestix require you to do so;
That all information you provide at any time to Shopdomestix using the Shopdomestix website, in writing will in all respects be current, complete, and accurate;
That you will provide to Shopdomestix all material and relevant facts required by Shopdomestix as may be appropriate to any dealings you have with Shopdomestix. If you do not provide the information, or provide information that is incorrect, Shopdomestix may, at its choice, cancel the agreement or transaction arising from your dealings with Shopdomestix.
Intellectual property rights
The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Shopdomestix.
As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Shopdomestix or the licensor's prior written consent.
Shopdomestix reserves the right to -
or (c) Shopdomestix believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Shopdomestix in disrepute;
Refer any breach to the police if such breach constitutes a crime;
Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
Jurisdiction and applicable law
Your use of the Shopdomestix website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division).
Any claim arising from –
The use or inability to use the website;
An application for, and the rendering of a service or providing of a product or service is subject to the laws of the Republic of South Africa - in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.
All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.